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HomeMy WebLinkAbout2011.04.11 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. April 11, 2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Parks & Recreation Advisory Council Interviews: 1. Agenda Report from Gary Crutchfield,City Manager dated April 6, 2011. 2. Applications (3) (Council packets only). (b) Pasco Public Facilities District Annual Report. (NO WRITTEN MATERIAL ON AGENDA) Presented by Bob Tippett, Pasco Public Facilities District Board President. (c) Exception to Concurrency-Crescent Road: 1. Agenda Report from Rick White, Community & Economic Development Director dated April 4, 2011. 2. Vicinity Map. 3, Request for an Exception to Concurrency Requirements. 4. Memorandum to City Manager dated April 4, 2011. (d) Parks,Recreation and Forestry Comprehensive Plan Update: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated April 6, 2011. 2, Proposed Parks, Recreation and Forestry Plan Update (Council packets only; copy available for public review in the Administrative & Community Services office, the Pasco Library or on the city's webpage at http_//wwwsco-wa.gov/cif;°couucilrports). 3. Resolution. 4. Menlo to Planning Commission. 5. Minutes from Planning Commission meeting dated January 20, 2011. (e) Cascade Marina Sublease Extension: 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated Apri 14, 2011. 2. Amendment No, 2 Cascade Marina Sublease. (f) 2010 Fire Department Performance Report: 1. Agenda Report from Robert W.Gear, Fire Chief dated April 4, 2011. 2, 2010 Fire Department Performance Report. 3. RCW"35.103.010. (g) HOME Analysis of Impediments to Fair Housing 2010-2015 (MF #BGAP2011-002): 1. Agenda Report from Angela Pitman, Block Grant Administrator dated April 6, 2011. 2. Analysis of Impediments to Fair Housing 2010-2015 Fair Housing Plan. 3. Resolution Approving the Analysis of Impediments to Fair Housing 2010-2015. (h) Quasi Judicial Hearing Procedures: 1. Agenda Report from Rick White, Community & Economic Development Director dated April 5, 2011. 2. Proposed Ordinance. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) Workshop Meeting 2 April 11,2011 6. EXECUTIVE SESSION: (a) (U) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Monday, April 11, Pasco Red Lion—Pasco Chamber of Commerce Membership Luncheon. (Saundra Hill, Pasco School District Superintendent, Presenter) 2. 6:00 p.m., Monday, April 11, Conference Room #1 — Old Fire Pension Board Meeting. (COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 3. 10:00 a.m., Tuesday, April 12, Senior Center — Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep., BOB HOFFMANN, Alt.) 4. 12:00 p.m., Wednesday, April 13, Volunteer Park--City of Pasco Arbor Day Event. (MAYOR MATT WATKINS) 5. 1:00 p.m., Wednesday, April 13, Columbia Basin Collcge—CBC Arbor Day Event. (MAYOR MAI°i WATKINS) 6. 7:00 a.m., Thursday, April 14, Sterling's Restaurant, Walla Walla — BFCG Tri-Mats Policy Advisory Committee Meeting. (COL NI CILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 7. 7:00 p.m., Thursday, April 14, Transit Facility — Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUi\CILMEMBER MIKE.GARRISON, Alt.) 8. 11:30 a.m., Fridav, April 15, Sandberg Event Center—Benton-Franklin Council of Governments Board Meeting. (COUNCII.MEMBER AL YENNT,Y, Rep.; REBECCA FRANCIK, Alt.) AGENDA REPORT TO: City Council April 6, 2011 FROM: Gary C:rutchtie5 Manager Workshop Mtg.: 4/11/11 SUBJECT: Parks and Recrc 4tion Advisory Council Interviews I. REFERENCE(S): 1. Applications (3) (Council packets only) II. ACTION REQUESTED OF COUNCIL,/STAFF RECOMMENDATIONS: 4/11: Council to conduct brief interviews with Tony Maya, Dhahir Muhamnad and Joel Nimmo. III. HISTORY AND FACTS BRIEF: A) The Parks and Recreation Advisory Council is composed of seven members; terms are three years. The board meets on the 1 st Thursday of every month at 5:30 p.m. 13) The Parks and Recreation Advisory Council advises the City Council on recreation activities and facilities needed in the community. C) There are two positions whose term has expired: 1. Position No. 1 (vacant) 2. Position No. 2 (currently Thomas Davenport) D) The Council screening committee concluded that the incumbent in Position No. 2 be reappointed without interview. E) After Council Screening Committee review of all applications, the following have been selected to interview for possible appointment to Position No. 1: 1. Tony Maya......................................... .................... ... 4303 Cochins Lane 2. Dhahir Muhammad..........................................................112 N. 2nd Street 3. Joel Nimmo.............................................................. . 8316 I.angara Drive IV. DISCUSSION: A) After conduct of interviews at the April 11 Workshop meeting, it is proposed that appropriate appointments be made by the Mayor, subject to confirmation by the Council, at the April 18 meeting. 4(a) AGENDA REPORT FOR: City Council , April 4,2011 TO: Cary Crutelfr M tiger Workshop Mtg.:4111/11 FRONT: Rick White, Community& Economic Development Director �t SUBJECT: Exception to Concurre nt I. REFERENCE(S): 1. Vicinity Map 2. Request for an exception to concurrency requirements 3. Memorandum to City Manager dated April 4,2011 II. ACTION REQUESTED OF COUNCIL./STAFF RECOMMENDATIONS: 4/11: DISCUSSION Ill. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. This past year, staff recommended that Crescent Road be improved to city standards and the cost recovered through the use of a Local Improvement District (LID) or latecomer agreement authorized by state law and city ordinance. After considerable deliberation, City Council determined that improvement of the road through an LID was not timely, given the opposition of some of the property owners along the west side of the current dead-end roadway. There was also uncertainty of when a farm circle on the east side of the roadway would be developed, which affects the probability of road improvements through a latecomer agreement. B. One owner of property on the west side of the roadway desires to build a single family home. City code requires that the property owner install the share of public improvements necessary to serve the property in conjunction with construction of the home. Although this is normally done through a subdivision (before homes are built), the subject properties were divided without application of those requirements, Consequently,the city must require the improvements in conjunction with the home construction. C. The cost of extending the street improvement the distance necessary to connect with the existing city-standard improvement is $182,500. Thus, the requirement effectively results in the practical delay of the home construction until such time as the road is improved. D. Council has established a procedure to consider exceptions to concurrency requirements by adopting Ordinance 3993 in February of this year. Ordinance 3993 provides a set of considerations for a request to "except" a permittee from the requirements of concurruncy once the street is included in the City's Capital improvement plan (CIP) and the permittee pay their proportionate share of the street improvements. The Ordinance also presents criteria for Council consideration of placing a street on the City's CIP. E. After adoption of Ordinance 3993, the owners of a property on Crescent Road applied for such an exception V. DISCUSSION: A. The attached memorandum to the City Manager discusses the proposed exception to concurrency in relation to the criteria contained in Ordinance 3993, R. In suminary of the criteria discussed in the memorandum, staff is of the opinion that the requested exception: • Is the result of a construction cost for road improvements that is a disproportionate burden upon the permit applicant; • Is required for the beneficial use of the property; • Would benefit more than the permit applicant; • is located on a street that will soon be classified as a collcetor; • Does involve improvements that are unlikely to be funded through other means within the 6 year timeframe of the Capital Improvement Plan;and • Does not result in the City having a reasonable expectation to recoup a sufficient portion of the cost of constructing the improvements. Because there is not a reasonable expectation to recoup a sufficient portion of the costs of constructing the improvement, staff does not recommend that Crescent Road be included in the CIP at this time. C. Staff requests Council discussion of this issue. 4(c) Vicinity Item: Crescent Road Applicant: City of Pasco Map • File #: R�0 SOB• wl � g t � � � y, a � ter. � • �• F _ F' BRDADMOOR QL b Reference 2 - Request for an exception to concurrency requirements R E C E I ME D Vora K and Roger Walker FS 2 3 2011 PO Box 3354 -- Pasco, WA 99302 (509)430-6538 COMMUNF YSECONDMICDEVELOPMENy February 15, 2011 Rick White Department of Planning City of Pasco, Washington 525 North 3rd Ave Pasco, WA 99301 Re: Crescent Road —Capitol Improvement Plan Dear Mr. White, We would like to formally request that Crescent Road be place on the list of Capitol Improvement programs for the City of Pasco. Crescent Road is a prime candidate for improvement as it would - - Serve to alleviate the growing traffic pressure on Road 100 created by the steady development of neighborhoods along the Columbia River and Court Street. - Provide improved connectivity between existing neighborhoods and the growing neighborhood center at Road 100 and Chapel Hill Blvd. Per the recent ordinance passed by the Pasco City Council on February - 7, 2011, we would - further like to request , that our location at 4612 Crescent Road be considered as meeting the exemptions for y - concurrency listed in the new ordinance. We feel our lot meets the exemptions and requirements as set forth in this ordinance for the _ .f following reasons — "The street is included within the City's 6 year Capitol improvement Plan" o Per our request above this criteria will be met provided the City agrees designate Crescent Road as part of the future Capitol Improvement Plan. "The permittee pays the proportionate share of the planned street Improvement to the City in conjunction with the building permit " o We are prepared to pay our share of $4,465.23, as defined by the Engineer's Estimate, at any time. (See attachment A). "The criteria for consideration of placing a street in the Capitol Improvement Plan shall include:" 0 "The cost of constructing the required improvement creates a disproportionate burden upon the permit applicant" ■ The overall cost of the developing Crescent Road has been estimated at $182,517.50 and the entire length to be improved is 1,536 feet. Our property frontage is 103 feet and we are building a single family home. The cost of developing the entire street would create a disproportionate burden. o "The required improvement is necessary for the beneficial use of the property" • The improvement would provide our property access similar to that enjoyed by other property owners along Crescent Road. It would improve our current marginal access that is only occasionally maintained. Access to 4612 Crescent Road o "The required improvements would benefit more than the permit applicant/owner" • The improvement of Crescent Road would — Serve to alleviate the growing traffic pressure on Road 100 created by the steady development of neighborhoods along the Columbia River and Court Street. Provide improved connectivity between existing neighborhoods and the growing neighborhood center at Road 100 and Chapel Hill Blvd. o "The required improvements are unlikely to be funded through other means within the Capitol Improvement timeframe " ■ We understand that there are no other plans to develop Crescent Road through private or public means within the time frame set forth by this ordinance. o "The City will establish a latecomer agreement at the time of constructing the required improvement and has reasonable expectation at the time the improvement is included in the City's Capitol Improvement Plan that the City will recoup a sufficient portion of the costs of constructing the improvement " • As a large portion of Crescent Road is undeveloped, and will be served by these improvements, a latecomer agreement will recoup much of these costs when these properties are developed. Based on the growth in the area this is very likely to occur within the timeframe designated by the latecomer agreement. Please contact us with any questions you may have. Sincerely, Vura K Walker Roger Walker 509-430-6538 CRESCENT ROAD LATECOMERS AGREEMENT j ESTIMATED FUTURE ' ✓ '� I Es REIMBURSEMENT $20,155.4 9 \..,,r'�e ir All i 5 ' ESTIMATED FUTURE REIMBURSEMENT, ESTIMATED FUTURE - REIMBURSEMENT 'ti `;. r ESTIMATED FUTURE #879.96 j ,�4f .. $8884.52 ,� � REIMBURSEMENT { 1 : ' $31,958.58 ESTIMATED FUTURE REIMBURSEMENT }• $13,085.58 i d` d, ADDITIONAL. REQUIRED f s4��n ,r�'f PAVING (AT TIME OF f�. \ jor % DEVELOPMENT) `ss►' U! �� kb, ' ESTIMATED FUTURE REIMBURSEMENT •may �:� Pf•,, .�,,;'`.`;. /✓ $31,639.31 PROPOSED PAVING SCALE: I"=200' i TOTAL PROJECT COST $182,517.50 r �C I\ �� _ Reference 3 - Memorandum to City Manager dated April 4, 2011 MENI0RAVUUII'I DATE: April 4, 201 1 TO: Gary Crutchfield, City Manager FROM: Rick White, Director Community&Economic Development SUBJECT: Delayed Street_Improvements on Crescent Road In February this year, City Council adopted Ordinance 3993 which provided for an exception to concurrency requirements if certain conditions are met. After passage of the Ordinance, the City received a request to include a parcel on Crescent Road as one of the exceptions to concurrency based on the criteria contained in Ordinance 3993. It's proposed that the request be analyzed as two different components. The first component analyzes the policy question on whether to include Crescent Road within the City's Capital Improvement Plan (CIP), This should be examined against the criteria contained in Ordinance 3993. The second component is to identify funding sources and timing for the improvements if Council decides that Crescent Road should be included in the CIP. If Council determines that Crescent Road should be included within the CIP, it can be "queued" for the CIP funding discussion during the budgeting process that occurs each year in late summer. The following identifies the criteria contained in 12.36,040 PMC as revised by Ordinance 3993 and a staff analysis of the proposal weighed against those criteria. The criteria and analysis are: 1. The cost of constructing the required improvement creates a disproportionate burden upon the permit applicant. In this case the street improvements adjoining the property are physically separated from connection to an improved public street. In order to achieve connection to an improved public street, the applicant would need to construct a connection of Crescent Road nearly to Road 108 at an estimated cost of$182,500. This connection would consist of the required 24 foot street section plus an additional 4 feet of street surfacing from the centerline. If this total cost were divided on a frontage basis (sinvlar to an LID), the applicant's parcel (103 feet) would have a "proportionate share" cost of improvements of$4,265. Staff is of the conclusion that the cost to accomplish this connection of Crescent Road to Road 108 without such cost sharing is disproportionate to the request to construct a single family home. 2. The required improvement is necessary for beneficial use of the property. The applicants own two separate and adjacent parcels. Currently both of the properties are unused and vacant. The owners have applied for a building permit for one of the lots - which has triggered the requirement of concurrency. The parcels are located within the Urban Growth Area and City limits and possess their highest value as home sites. Without the required connection of Crescent Road to Road 108, there does not appear to be a particularly beneficial use of the property. The applicant's adjacent parcel consists of 2.3 acres with 486 feet of frontage. This parcel represents an opportunity for development of two or more home sites. The proportionate cost of the improvements for this adjacent parcel. is $20,155. It is recommended that the applicants also pay the proportionate share of the costs of roadway improvements on both parcels if Crescent Road is included in the City's CIP and the applicants obtain a building permit for construction on either of the parcels they own. 3. The required improvements would benefit more than the permit/applicant owner. The required improvements would benefit property owners on both sides of the road, It should be noted that the westerly side of Crescent Road contains 8 parcels, 5 of which are developed with single family residences. The east side contains two parcels and both of'those are currently used for commercial crop production. Each owner of the adjoining parcels on Crescent Road would benefit from the improvement of the road. However, none of the adjacent owners have applied for a permit that would trigger concurrency, so none of these adjacent owners have contributed their "proportionate share" of the cost of the improvements as the current applicants will be required to do. 4. The required improvement is on a collector, minor or principal arterial. Crescent Road is not currently classified as a collector or arterial. An application to change the federal classification of Crescent Road has been made through the Benton Franklin Council of Governments and is now proceeding to the Federal Highway Administration. Formal classification as a collector is expected in April of this year. 5. The required improvements are unlikely to be funded through other means in the Capital Improvement Plan timeframe. In previous discussions, the determination was made that improvement of the road through an LID was not likely given the opposition of the property owners along the west side of the current dead end roadway. In addition, the uncertainty of when the farm circle on the easterly side of the roadway will develop negatively affects the probability of road improvements through a latecomer agreement. 6. The City will establish a latecomer agreement at the time of constructing the required improvement and has a reasonable expectation at the time the improvement is included in the City's CIP that the City will recoup a sufficient cost of constructing the improvement. The undeveloped farm circle on the east provides a great deal of uncertainty on the expectation to recoup costs of the improvement within 6 years, and spending CIP funds should be delayed as long as possible. If Crescent Road is included in the CIP, funding of the improvements should occur near the end of the 6 year cycle. Establishing a latecomer agreement after the improvements are constructed will add 15 years to the timeframe to recoup costs of the road construction, but that additional time appears inadequate to provide a "reasonable" expectation of return. The current property owners of the circle have not indicated an interest in committing a fixture and proportionate share of the costs of road improvements. It should also be noted that the land southeast of Crescent Road and south of the Irrigation District right of way is zoned "C-1" (Retail Business). This zoning designation may be inappropriate since this area lacks frontage on a high traffic arterial and is mostly surrounded by large lot residential subdivisions. As discussed in #2 above, it appears the best use of property in this vicinity is for residential development. The C-1 zoning of the property was established in 2002 and it remains undeveloped. The current commercial zoning ftirther reduces the likelihood of development within a 15 year timeframe. Of the parcels on the west side of the road — 3 are undeveloped and 2 of those are owned by the applicants. Assuming the owners of the undeveloped parcels seek building permits, their proportionate share of the improvements represents a total reimbursement cost of$29,530 of an estimated total construction cost of$182,500—which represents a 16%cost recovery. Without a commitment from the owner of the adjacent faun circle, staff is of the conclusion that there is not a reasonable expectation that the City will recoup a sufficient share of the cost of constructing the road improvements within the latecomer agreement timeframe. RWlsa AGENDA REPORT FOR: City Council April 6, 2011 TO: Gary Crutchfi I y Mana c Workshop Mtg.: 4/11111 Regular Mtg.: 4/19/11 FROM: Rick Terway, Director A&CS SUBJECT: Parks, Recreation and Forestry Comprehensive Plan Update I. REFERENCE(S): 1. Proposed Parks, Recreation and Forestry Plan Update(Council packets only; copy available for public review in the Administrative &Community Services office, the Pasco Library or on the city's webpage at http://www.pascQ- wa. Qg v/citycouailreports) 2. Resolution 3. Memo to Planning Commission 4. Minutes from Planning Commission meeting dated January 20, 2011 11. ACTION REQUESTED OF COUNCIL / STAFF RECONLMENDATIONS: 4/11: Discussion 4118: MOTION: I move to approve Resolution No. approving the Parks, Recreation and Forestry Comprehensive Plan as recommended by the Planning Commission. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On August 2, 2010, Council approved an agreement with Studio Cascade to update the city's Parks and Recreation Comprehensive Plan. The plan is now complete. B) The plan included input from a range of stakeholders, an inventory and analysis of existing facilities and programs, and an assessment of anticipated community needs. It provides suggested guidelines for levels of service and suggests several new parks and recreation facilities in the future. C) Plan is designed to meet the requirements of the Washington State Recreation and Conservation Office (RCO), sponsor of a multitude of parks and recreation grant programs. D) On January 20, 2011, the Planning Commission held a Public Hearing and made a recommendation for approval of the plan. E) All corrections & omissions have been completed and plan is ready for adoption. V. DISCUSSION: A) The plan is very similar to the existing plan; however, it incorporates some emphasis on new recreation programming, park sizing, and a need for a community park in the Northwest section of the City. B} The Urban Forestry Management Plan developed in 2008 was also incorporated into the plan. This will enable staff to manage uses in regards to trees on street ROW and public lands. This also assists efforts to remain a Tree City USA recipient. C) Staff recommends acceptance of the plan as recommended by the Planning Commission. 4(d) RESOLUTION NO. A RESOLUTION OF THE CITY OF PASCO, ACCEPTING AND ADOPTING THE COMPREHENSIVE PARKS, RECREATION AND FORESTRY PLAN, 2010 UPDATE. WHEREAS, the citizens of the City of Pasco benefit from the recreation programs and park and recreation facilities that are provided by the City and other entities within the community; and. WHEREAS, the leisure and open space needs of our community can best be met through a process that identifies needs and resources, establishes goals and policies and prioritizes expenditures; WHEREAS, the City has undertaken a planning process to guide its decisions with respect to park and recreation facilities and recreation programming, and the process has been conducted in conformance with the planning policies of the Washington State Recreation and Conservation Office; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO: 1. Accepts and adopts the City of Pasco Comprehensive Parks, Recreation and Forestry Plan, 2010 Update; 2. Authorizes and directs the submission of said plan to the Washington State Recreation and Conservation Office; and 3. Directs staff to guide facility maintenance and development and recreation planning activities in conformance with the plan. PASSED by the City Council of the City of Pasco this 4th day of April, 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Administrative & Community Service Department January 20, 2011 Memorandum To: Planning Commission Members From: Rick Terway, Director A&CS Subject: Parks and Recreation Comprehensive Plan Once again, it is time to update the Park and Recreation Comprehensive Plan. The plan was last updated in 2005. The following is a brief overview of the plan: Purpose of plan The purpose of the comprehensive parks and recreation plan is to help the City of Pasco invest in its parks and recreation system wisely, providing new facilities and designing its range of programs to meet the community's needs over time. The planning process and plan structure are also designed to meet the requirements of Washington State's Recreation and Conservation Office, sponsor of a multitude of parks and recreation grant programs. By having a plan that is no more than six years old and by following RCO's process and content requirements, Pasco remains eligible to compete for and receive RCO grant funds. This current draft plan updates the one adopted in 2005. That earlier plan is arranged slightly different than this one, primarily because it was also designed to keep the City eligible for Urban Park and Recreation Recovery(UPARR) grants. That program has since been abandoned by the federal government, so this current plan is designed completely around RCO guidelines. The City of Pasco hired Studio Cascade last summer to update the plan and produce a draft by year's end. The process since its beginning included a range of parks and recreation stakeholders, an inventory and analysis of existing facilities and programs, an assessment of anticipated community demand and a comprehensive update of the 2005 plan. The City also developed and administered a parks and recreation questionnaire, seeking community comment on Pasco's parks facilities and recreation programs. Pasco's Parks and Recreation Advisory Council also participated in the process, meeting first in August to review and adjust the community's parks and recreation vision and then again in December to review the draft plan and suggest revisions prior to production of the final draft. Survey The questionnaire distributed as part of this process was not intended to provide a statistically valid picture of the community's parks and recreation needs, desires and demand. Even so, it produced some interesting results. The City distributed the questionnaire by mail to a randomized selection of its residential utility customers, in all,the City mailed more than 1400 questionnaires. Fifty were returned, demonstrating a 3.5% return rate. In reviewing all responses, it is clear that the results reflect the respondent age distribution. More than one-half of the questionnaire's returned were from individuals older than 45. Preferences for facilities and programs tended toward the senior center, the baseball stadium and walking and trail facilities. When the responses are disaggregated by respondent age, however, the results get more interesting. The different age groups appear to prefer different types of facilities. But the popularity of some facilities transcend age differences. Memorial Park, Chiawana Park and the baseball stadium were identified by all age groups as favorite facilities. older respondents also identified Cable Bridge Park, the Senior Center and the MLK Center as important places, When asked which types of facilities they would most agree to fund through additional tax, respondents identified an aquatic center across all age groups. Younger respondents would also choose to fund improvements to existing or the development of new sports facilities, while older respondents would also choose to fund hiking and walking trails. The questionnaire asked respondents to identify if they lived east or west of Highway 395. Responses were generally similar between the two groups, but those east of 395 tended to learn about Pasco's recreation programs through word of mouth more than did residents west of 395. Plan update This plan update makes some policy changes that will impact how the City goes about its parks and recreation planning. The plan proposes changing the minimum neighborhood park size from five acres to something that can be as small as 2.5 acres, provided it is well designed and establishes a unique neighborhood identity while providing usable recreation space. Another policy shift indicates that the City's recreation programs may operate at a profit, particularly if the programs are popular and offering services at market prices. The plan's policies also are strengthened to ensure that recreation programs are located and scheduled to meet the community's ability to access them. While the aggregate level of programming may appear adequate to serve community need, potential participants may be excluded because the programs are too distant or are scheduled at inappropriate times. The updated plan provides suggested guidelines for levels of service. Where the previous plan asserted that these level of service indicators were "standards," this plan terms them as"guidelines," acknowledging that measurements for particular types of facilities,at a facilities to population ratio, may not always be appropriate. Community demand patterns change over time. The guidelines included in this plan draft, however, will be the subject of future study. These are now intended as statements of scale, but they will most likely need to be adjusted as the City reviews and modifies its park impact fee ordinance. Trends shaping the adopted levels of service when they were created in the late 1990's have changed, and the park impact fee ordinance—and the levels of service guidelines—will need to be revised, as well. The plan suggests that the City prioritize several new parks and recreation facilities, consistent with the results of the questionnaire, changes in community demographics and the need to provide another community park. New soccer fields are essential. Population growth to the west and north make it imperative that a new community park be constructed there,and the community desires increased river access. At least these three facilities needs will take priority over the coming years, and the plan's implementation chapter includes them in the proposed capital improvements list. Facilities Inventory The plan includes an inventory of each park facility, noting what opportunities are available at each site. Each facility inventory also includes some suggested improvements to each location, The suggested improvements are not prioritized and are only to be used as a guide, with the understanding that the needs of each facility may change over time_ Urban Forestry Incorporated in this plan is a section on the management of our urban forest. This consists of a management plan done in 2008. The plan suggests strategies for development of a management plan, pruning cycle, funding,etc. Since the City of Pasco has achieved the status of"Tree City USA" it is essential to have this as part of the overall comprehensive plan. The Forestry Management Report is included as an appendix to the plan. What's Next The City Council will consider the parks and recreation plan in January, taking action based on recommendations from the Parks and Recreation Advisory Council and Planning Commission. Once the plan is adopted, Pasco will remain eligible for grants through RCO. Findings of Fact 1. The City of Pasco has undertaken Parks and Recreation Planning for over 30 years. 2. The Parks and Recreation Plan is used as a guide for decision related to the park and recreation system within the City. 3. To be eligible for Washington State Recreation and Conservation Office funding the City must update the Park and Recreation Plan at least every 6 years. 4. Plan was last updated in 2005. 5. PaSCO'S population has increased by more than 37 percent since the adoption of the 2005 Parks and Recreation Plan, 6. As the result of increased population there is an increased need for park and recreation facilities within the City. 7. The proposed plan update was developed with public input from a range of parks and recreation stakeholders within the community. HLCPMMLtQATI0N MOTION for Findings of Fact: I move to adopt the findings of fact as contained in the Staff memo for the 2010 Parks and Recreation Plan, dated January 20, 2011. MOTION for Recommendation: I move based on the findings of fact, the Planning Commission recommend the City Council adopt the proposed 2010 Parks and Recreation and Forestry Plan. Planning Commission Minutes 1/20/2011 B. Comprehensive Plan Parks, Recreation and ForestKy Compre- Update hensive Plan Update (MF# INFO 10-1011 Vice Chairwoman Kempf read the master file number and asked for comments from staff. Rick Terway, Administrative 8, Community Services Director was present to review the proposed Park Plan Update. Mr. Terway explained the Parks, Recreation and Forestry Plan provides guidance for future park development and reflects the wishes of residents for future park development and recreation programming. Additionally, WA State Recreation and Conservation Office (RCO) require communities to update to their plan every six years to be eligible for grant funding. Mr. Terway stated the plan has not changed a great deal and then reviewed areas that have been revised. An Urban Forestry component has been included. The forestry component including a management plan was developed in 2008. The plan also places additional emphasis on arts and crafts to provide a broader spectrum of activities for residents to participate in. Mr. Terway briefly discussed parks needs and the desire of residents for a community park in the northwest portion of the city. The plan was updated with the assistance of a consultant, the Parks and Recreation Advisory Board and input from the community through a community survey. The Parks and Recreation Advisory Board held several meetings to discuss and review the updated plan. Vice-Chairwoman Kempf opened the public hearing, after three calls and no response the hearing was closed. Commissioner Greenaway moved, seconded by Commissioner Anderson, to adopt the findings of fact as contained in the staff memo for the 2010 Parks, Recreation and Forestry Plan, dated January 20, 2011. The motion passed unanimously. Commissioner Gemig moved, seconded by Commissioner Lukins, based on the findings of fact, the Planning Commission recommend the City Council adopt the proposed 2010 Parks, Recreation and Forestry Plan. The motion passed unanimously. AGENDA REPORT FOR: City Council April 4,2011 1'O: Gary Crutchfi gager Workshop Mtg.:4/11/11 M Regular Mtg.: 4/18/11 FROM: Rick Terway, Jirecto( ` rative& Community Services SUBJECT: Cascade Marina Sublease,Extension I. REFERENCE(S): I, Amendment No. 2 Cascade Marina Sublease I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 04/11: Discussion 04118: MOTION: I move to approve Amendment No. 2 to the Cascade Marina Sublease providing for a 1 year extension and authorize the City Manager to sign the amendment. 111. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) On December 10, 2001 the City entered into a sublease agreement with Cascade Marina LLC for the operation of the Boat Basin Marina. That sublease will expire 8124/2011. V. DISCUSSION: A) The City has completed the Boat Basin/Tank Farm Study and TREC is now working on the Rivershore Study that encompasses the entire Tri-City river shore. The results of these studies may impact future use/activities at the Boat Basin. The outcome of the studies should be considered before entering into a new long term sublease for the boat basin/marina. B) Staff recommends approval of a l year sublease extension. 4(e) ADDENDUM NO. 2 MARINA SUBLEASE THIS ADDENDUM is entered into this day of , 2011, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "Sublessor'", and Cascade Marina, LLC, hereinafter referred to as "Sublessee." WHEREAS, the parties have previously entered into that certain Agreement entitled Marina Sublease dated.Decemher 10,2001; and WHEREAS, the parties desire to extend the terms and conditions of that Agreement for an additional period of time. NOW, THEREFORE, the parties do agree as follows: 1. The Marina Sublease shall be extended for an additional term of twelve (12) months commencing August 24, 2011, and ending August 24, 2012. The base rent during that period shall be One Thousand Dollars and 00/100 ($1,000) per month. Unless otherwise terminated, the sublease shall thereafter continue on a month-to-month basis. Either party may terminate the sublease by giving written notice to the other party thirty (30) days or more preceding the end of any rental period. 2. All remaining terms of the Marina Sublease to the extent that they are not in conflict with any of the provisions of this Addendum No. 2, shall remain in full force and effect and be fully enforceable by either party. DATED the day and year first written above. SUBLESSOR SUBLESSEE City of Pasco Cascade Marina, LLC Gary Crutchfield, City Manager Approved as to Form: Leland B. Kerr, City Attomey Addendum No. 2 Marina Sublease- 1 AGENDA REPORT FOR: City Council April 4, 2011 TO: Gary Crutchfie Manager Workshop Mtg.: 4/11/1 1 Regular Mtg.: 4,118/11 FROM Robert W. Geak, Fire Chief SUBJECT: 2010 Fire Department Performance Report I. REFERENCE(S): 1. 2010 Fire Department Performance Report 2. RCW 35.1.03.010 11. ACTION REQUESTED OF COUNCIL / STAFF RECONINIENDATIONS: 4/11:Discussion 4/1$:MOTION: i move to accept the Pasco Fire Department 2010 Performance Report. III. FISCAL IINIPACT: None IV. HISTORY AND FACTS BRIEF: A) On February 21, 2006 the Pasco City Council adopted the performance standards and objectives as outlined in the Performance Standards Resolution No. 2938 and. as required by RCW 35.103.010. V. DISCUSSION: A) The 2010 report.shows the following; a. The Call Processing Time increased from 2009 to 2010. b. Turnout times in 2010 improved however they are still longer than our standard. c. Travel times are essentially the same and very close to meeting our 6-minute standard 90% of the time. d. The total time from 911 call to arrival 90% of the time is 10:16 B) Implementation of Automatic Aid in July has increased our total fire ground staffing froth 13 firefighters 90% of responses, to 20 firefighters 90% of responses. 4(f) b LJ O 0 y ° z0 � H Do E TABLE OF CONTENTS ITEM PAGE Mission Statement 3 Department Information 3 Fire Department Functions 4 Emergency Response Summary 4 Department Organization Chart 5 Staffing Levels and Distribution 6 City Council Resolution 7-9 Standards of Response Performance Measurements 10-15 Predictable Results 16 Plan of Action 17 2010 Table of Results 18 2 Pasco Fire Department Mission Statement Make best use of department resources to provide the Pasco community with effective mitigation of fire, rescue, hazardous materials and medical emergencies with compassion, integrity, and respect for its citizens. Department Information; The City of Pasco Fire Department; Office of the Fire Chief was created by Ordinance # 73 on July 16, 1908 with the responsibilities of caring for the fire equipment. Today, the fire department is staffed by career members working 24 hours on duty followed by 48 hours off. Firefighters respond to an average of 10 requests for service a day with approximately 80% being medical emergencies. In addition to serving the citizens of the city of Pasco, the fire department provides aircraft rescue and firefighting services to the Tri Cities Airport, all ambulance services to the surrounding Franklin County Fire District #3 and Advanced Life Support (ALS) Ambulance service to the Burbank and North Franklin County areas. T r Fire Department Functions The staff of the Pasco Fire Department is expected to be trained and willing to provide the following services to the community; • Structural, Vehicle and Wildland Fire Suppression • Advanced Life Support (ALS) Emergency Medical Services and Transport • Public Information and Education • Hazardous Materials Operations Level Response • Iazardous Material Technician Level response with 6 members • Aircraft Rescue and Firefighting (ARRF) capability within the airport as well as within the surrounding community • Technical Rescue Operations level Response • Technical Rescue Technician level Response with 8 members to include confined space, trench rescue, rope rescue and advanced vehicle extrication skills for modern hybrid vehicles. The Pasco Fire Department responded to the following emergency responses in 2010, broken down as follows: • Emergency Medical Responses: 2,994 • Structural Fire Responses: 70 • Mobile Property Fire Responses 55 • Wildland Responses: 48 • Hazardous Materials Responses: 10 • Aircraft Responses: 7 • Technical Rescue Responses: 2 • Other Miscellaneous/False Responses 629 • Total Responses: 3,815 Includes all calls including mutual aid given, received and none received. 4 F D � In 2010 the Pasco Fire Department was re-organized with 4 day staff and three 24 hour shift platoons. The Position of Training and Safety Captain and the Emergency Medical Services Officer were created and staffed. City Council City Manager Chief Captain Secretary 3-Captains Training& ..�., .,.....,.. , 9-Lieutenants EMS Training Lt, 21 15 Firefighters., Paramedics 5 Staffing Levels and Distribution In 2010, the City of Pasco Fire Department employed 52 career members. Three of the day staff are uniformed and 1 is a civilian. Six (6) of the shift positions are funded by contract with the Port of Pasco. This staffing level has been in place since 2005 when the city's population at that time was approximately 44,000. We staff three fire stations with a minimum of 12 personnel and an additional one person to cover airport only emergencies. The current staffing and distribution has provided a rapid initial response to most areas of the city and has inet our six minute travel time goal over 85% of the time. The 2010 staff'were assigned as follows: Day staff Fire Chief Training and Safety Captain Emergency Medical Services Lieutenant Secretary/Receptionist Levels: Shift Staffing (each shift) Assigned Minimum • Shift Captain 1 1 • Station Lieutenants 3 3 • Firefighters 6 5 • Firefighter/Paramedics 5 3 • Aircraft Rescue FF 1 (assigned to airport only) 1 Total staffing assigned to each drift 16 13 Distribution: Station 81 Oregon St. Station 82 Airport Station 83 Rd 68 Shift Captain 1 Lieutenant 1 Lieutenant l Lieutenant 1 Paramedic 2 Paramedic 2 Paramedic 1 Firefighter 2 Firefighter 2 Firefighter 2 Aircraft Rescue FF 1 6 RESOLUTION NO. �/+� A Resolution approving performance standards for Pasco Fire Department emergency responses. WHEFXAS,the City of Pasco Fire Department is legally established as a fire depamnent to provide certain emergency medical,fire and rescue services;and, WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives to guide the organization in providing fire and emergency medical services to our community;and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics and EMT&; and, WHEREAS, the Pasco Fire Department is required by state law (SHB 1756, laws of 2005)to establish turnout and response time goals for various emergency responses;and, WHEREAS, the Pasco Fire Department has developed written response coverage objectives required to comply with applicable provisions of SB13 1756;NOW,THEREFORE THE CITY COUNCIL, OF THE CITY OF PASCO, WASENGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deployment for emergency medical,fire and rescue services;and This resolution was adopted at a regularly scheduled pub"c meeting of the City of Pasco City Council for City of Pasco Fire Department on this day of February,2006. Joyce so Mayor ATT T APPROVED AS TO FORM: �J/?U Al-1,4 -.1, -sa Sandy Ke -w y,Deputy City lerk Lel and B.Kerr,City Attorney 7 P SCO FIRE DEPARTMENT RESPONSE STANDARDS it. Mission Statement The Pasco Fire Department's mission is to provide rapid mitigation of fire, rescues, hazardous materials and medical emergencies with compassion, integrity,and respect for the people we serve. To be the premier provider of public safety services, utilizing our people as the critical resource to accomplish our goals. II. Response Standards The following standards represent the minimum desired service level for the respective emergency response services provided by the Fire Department. Affected managers shall deploy appropriated resources so as to best achieve the standards set forth herein. A. TURNOUT: A turn out time of two (2)minutes, which the department should meet 85%of the time. All firefighting safety equipment must be donned before the vehicle can leave the station for a fire response. ]3_ FIRST ENGINE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of the first engine company(at least two(2)firefighters)to a fire suppression incident,which the department should meet 859'0 of the time. C. FUtST FULL ALARM ARRIVAL:A response/travel time(after turnout)of twelve (12) minutes for the arrival of the full complement of a 1"alarm response to a fire suppression incident, which the department should meet 85% of the time. "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one(1)command officer. D_ BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes/seconds for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85%of the tune. E. ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one(1)paramedic on board to an ALS emergency medical incident, which the department should meet 85%of the time. F. HAZARDOUS MATERIALS: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet 85%of the time. 8 PASCO FIRE DEPARTNIEW RESPONSE STANDARDS G. TECHNICAL RESCUE INCIDENT: A responseltravel time (after turnout)of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85%of the time, H. AIRCRAFT RESCUE AND FIREFIGHTING: A total responseftravel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the department should meet 100% of the time (required standard of FAA). I. WILD LAND FIREFIGHTING: A response/travel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land firefighting personnel on board to a wild land fire incident,which the department should meet 85%of the tinge. M. ANNU7kL REPORT The Fire Chief shall report the department's performance relative to these standards to the City Manager and City Council annually. February 2006 9 pa fuW-A Standards of Response performance Measurements Call Processing Definition: Call processing is a measurement of the time from when the 911 call is answered at the Public Safety Answering Point (PSAP) until appropriate units are notified to respond. This performance standard is not a Washington State required performance measurement but is included here to more clearly define the total time involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60 seconds, 90% of the time. Actual Dispatch Center Performance for 2010 The Franklin County Communications Center met the 60 second performance 41.91io of the time. 90% of the dispatches were processed in 138 seconds or less. Turnout Time Definition: The time after dispatch of the incident to don safety equipment and start the vehicles response to the incident (wheels rolling). Turnout Time Standard: The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the department should meet 90 % of the time. All firefighting-: safety e�uiPment must be donned before the vehicle can leave the station for a fire response. Actual Department Performance for 2010 The Pasco Fire Department met the Turnout Performance Objective 62.9% of the time. 90% of the fire department incidents experienced a turn out time of 2:44 minutes or less. 10 & 0GP'Q Fire Su session Travel Time for 1St Arrivinp, En One Definition: Travel time for the arrival of the first arriving engine company at a fire suppression incident. Travel time starts after turnout when wheels are rolling and ends upon arrival at the incident, Response Time Standard: The Pasco fire Department has adopted a travel time standard of 6 minutes for the arrival of the first engine company to a fire suppression incident, which the department should meet 90 °ro of the time. Actual Department Performance for 2010 The Pasco Fire Department met the Travel Time Performance Objective 87.6% of the time. 90% of the fire department incidents experienced a 1" unit response time of 6:19 minutes or less. Response time for the deployment of a full first alarm assignment at a fire suppression incident. Definition: The time from dispatch to arrival for the total number of personnel and equipment the fire department has recognized as the minimum needed to combat a fire in a single family residence. Through implementation of Automatic Aid it has been determined that a minimum of 18 personnel is actually needed, Response Time Standard for Full 1" Alarm Response: The Pasco Fire Department has adopted a travel time standard of 12 minutes for the arrival of the full complement of a I" alarm assignment to a fire suppression incident, which the department should meet 90% of the time. Further, the Pasco Fire Department has adopted a I" alarm response of 11 firefighters and or 2 engine companies (if applicable), 2 aid units, 1 ladder truck and 1 Command Officer (if applicable). Actual Department Performance for 2010 There was a significant improvement of the assembling of the full effective force necessary for structural fire operations noted after July 1, 2010. This was primarily due to the initiation of regional automatic aid agreements. These agreements allow each participating agency to leverage other agency manpower in order to obtain the necessary staffing for effective fire operations. The details of assembly for full effective force are as follows: 11 °0f It January 1-June 30, 2010 — The typical response to a structural fire within the City was two Type 1 Engines (and associated crews),one Aerial (with associated crew), and one ambulance (with associated crew). The department responded to 10 working structural fires during this time period. Our objective is to assemble 11 firefighters within 12 minutes 90% of the time. Performance Objective Time Actual Performance 11 Firefi hters 1 12 min 40% Additionally, we assembled a total of thirteen firefighters on the scene of a working structural fire 90% of the time (above the 12 minutes). Julyl-December 31, 2010 — On July 17 2010, automatic aid with regional lire agencies was initiated due to operational needs to increase the total number of personnel and equipment dispatched to a residential structure fire from 11 personnel to 18 personnel. The typical response currently, to a structural fire within the City is four Type 1 Engines (with associated crews), one Aerial (with associated crew), and two ambulances (with associated crews). The department responded to 11 working structural fires after initiation of automatic aid. Performance Objective Time Actual Performance 11 Firefighters 12 min 81.8/% Additionally, we assembled a total of twenty firefighters on the scene of a working structural fire 90% of the time (above the 12 minutes). The analysis of performance after the initiation of automatic aid agreements clearly shows that this project is successful. We were able to reduce the time needed for assembly of the full effective force and we were able to assemble nine additional firefighters, two additional Type I Engines, and one additional ambulance on the scene. 12 f Dew WIR qqqppp- Emergence Medical Services Travel Time Basic Life Support Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level capability at an emergency medical incident, Travel Time Standard: The Pasco Fire Department has adopted a travel time standard time of 6 minutes/seconds for the arrival of the first emergency medical unit with appropriately trained personnel on board to an emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2010 The Pasco Fire Department met the Emergency Medical Services, Basic Life Support Performance Objective 89.2% of the time. 900,% of the fire department incidents experienced an Emergency Medical Services response time of 6:10 minutes or less, Emerency Medical Services Response Time Advanced Life Support Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident, where this service is provided by the fire department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minuses for the arrival of an advanced life support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS emergency medical incident, which the department should meet 90% of the rime. Actual Department Performance for 2010 The Pasco Fire Department met the Emergency Medical Services Performance, Advanced Life Support Objective 89.1% of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 6:11 minutes or less, 13 a # Hazardous Materials Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Hazardous Materials Level "A" Technicians on board at a hazardous materials incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous materials incident, which the department should meet 90 % of the time. Actual Department Performance for 2010 The Pasco Fire Department met the Hazardous Material travel time Performance Objective 100% of the time. 90%of the fire department incidents experienced a Hazardous Materials response time of 4:44 minutes or less. Technical Rescue Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Technical.Rescue Technicians on board at the technical rescue incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Personnel on board to a technical rescue incident, which the department should meet 90% of the time. Actual Department rerformance for 2010 e _ There was one response in the city limits for this call category in 2010. This response did exceeded the minimum response time of 6:00. This response had a response time of 7:23. 14 � 7:70-T-740 r Aircraft Rescue and Firefighting Turnout and Travel Time Definition: Turnout and Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an. aircraft incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a turnout and travel time standard of 3 minutes for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which the department should meet 100% of the time. This standard is adopted to meet Federal Aviation Administration requirements, 14 CFR Parts 121 and 139. Actual Department Performance for 2010 The Pasco Fire Department met the Aircraft Rescue and Firefighting performance Objective 83.3% of the time. 90% of the fire department incidents experienced an Aircraft Rescue and Firefighting response time of 3;52 minutes or less. NFIRS Incident Type code 462 Note —this sheet only uses dispatch time to arrival time for the performance measure due to a lack of en route times by apparatus. Wildland Firefthdn2 Response Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately ti.-ained and equipped Wild land Firefighting personnel on board at a wild £ire incident, where this service is provided by the fire department. Response Time Standard: The Pasco Fire Department has adopted a response/ travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Wild Land Firefighting personnel on board to a wild land fire incident, which the department should meet 90% of the time. Actual Department Performance for 2010 The Pasco Fire Department met the Wildland Firefighting Performance objective. 91.7% of the time. 90% of the fire department incidents experienced a Wildland Firefighting response tirne of 5:26 minutes or less. 15 -_ F Predictable Results The year 2010 was another year of population growth for the City of Pasco. Surprisingly however, the calls for emergency services werc down slightly at 3815 for 2010. In the 2009 performance review we stated that there were 25 single family residential fires that we were not able to assemble our staffing goal of I 1 on-duty firefighters 90%of the time. On July 1, 2010, the Pasco Fire Department entered into an interlocal agreement with our neighboring fire agencies to bolster the first alarm assignment by utilizing existing staffing across jurisdictional boundaries. Before July 1, 2010, we were able to meet the first alarm staffing of 11 firefighters on scene 80% of the time. After July 1, 2010, we were able to meet full first alarm staffing of goal 1 I firefighters on scene 100% of the time. In our 2009 Performance Review, we stated several goals that dealt with reducing our total time to respond to an emergency. We identified critical actions that should be taken by the Franklin County Sheriff's Office/Communications Division as well as those actions that should be taken by the City of Pasco Fire Department, The fire department improved in several areas regarding response times as defined in the body of this report. The areas that did not show improvement, specifically call processing, are areas that are out of the immediate control of the fire department. We continue to work with the communications center to.increase efficiency in this area. The implementation of extensive automatic aid in 2010 highlighted a significant issue associated with timely dispatching. Most of the units responding automatic aid into the City of Pasco are dispatched from other communications centers. Extensive time delays (consistently 4-5 minutes) in transferring information and passing incorrectly routed cell phone calls from one communications center to the other are being experienced. Consideration of alternative dispatch solutions in the future may be appropriate. This consideration should include all fire/EMS agencies in Benton and Franklin counties if we are to see significant service improvements. Turnout times continue to be our biggest area of concern. The goals that were established in 2010 simply were not met. This is an area that can and should be improved through a combination of technical and adaptive changes. 16 � r Plan of Action Many of the goals established in 2010 have been accomplished. The incomplete goals from 2010 are listed below and we will continue to work on these through 2011. Turnout Times can lie improved. Our standards require a Turnout Time of 2 minutes, 85% of the time. The RCNA' requires that we trncasure our 90% time. The National Standard for Turnout Time is 1 minute 90% of the time. Reducing the turnout time will require a combination of technical and adaptive changes in the organization and a commitment by the membership to improve performance. Call Processing • Maintain the 2009 goal of processing calls within 60 seconds 90% of the time. • Improve communications systems between communications centers. Turnout Times— Continue working on these 2010 goals; • Develop alternative methods of fire station alerting that provides for the shortest alert processing. • Review the activities associated with the beginning of response to look for time savings. • Solve the ongoing mapping problems that reduce the reliability of the Mobile Data Terminal maps. • Proceed with "vehicle .routing" upgrade on the MDT's to reduce or eliminate the time spent looking at the wall map prior to responding. Travel Time—Continue working on these 2010 goals; • Review the current distribution of vehicles and staffing to determine the potential to reduce travel time. • Coordinate and communicate with the City Engineer's office on traffic management for future intersection development. • Implement Automatic Vehicle Location (AVL) as a dispatch method to allow for the dispatch of the closest available unit. Full Efiective Response Force—continue these 2010 goals; • Link neighboring CAD systems to provide the timeliest and most appropriate response force. • Develop a Means to dispatch simultaneously and on a common radio channel with neighboring communications centers to reduce call processing and automatic aid response times. 17 ATTACHMENT B 2010 RESULTS (Excludes mutual and automatic aid given events) Response Number Adopted Actual Percent Adopted Actual Percent Adopted Actual Percent Type of Turnouts Performance Meeting ISt Performance Meeting V'Fall Standard Meeting Responses Standard (Minutes) Standard Arrival (Minutes) Standard Arrival Performance Standard (Minutes) Response Response (Minutes) Minutes) Minutes Fire Before July Before Suppression 1, 7:35 July 1, Response 185 2:00 3:26 45.1% 6:00 6:19 87.6% 12:00 80%,after (NFIRS 100- After July July 1, 199) 1 9:52 100% First Arriving Medical Unit (BI.S or ALS} 2,807 2:00 2:35 89.2% 6:00 6:10 89.5% N/A N/A N/A First Arriving ALS Unit 2,583 2:00 2:27 77.4% 6:00 6:11 89.1% N/A NIA N/A Hazardous Material 2 2:00 3:02 54.1% 6:00 4:44 100.0% N/A N/A N/A Technical Rescue 1 2:00 1:'29 100% 6:00 7:23 0% N/A N/A N/A ARFF 5 N/A N/A N/A 3:00 3:52 83.3% N/A N/A NIA Wildland 36 2:00 4:35 39.8% 6:00 5:26 91.7% N/A N/A N/A Total 3,050 Measured alarms Responses with 6,677 2:00 2:44 70.8% 6:00 6:18 88.4% N/A NIA N/A apparatus l8 RCW 35.103.010: Intent, Page 1 of 1 RCW 35.103.010 Intent. The legislature intends for city fire departments to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments.The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before flash-over is a critical event during the mitigation of an emergency, and is in the public's best Interest. For these reasons,this chapter contains performance measures, comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and Is not intended to, in anyway modify or limit the authority of cities and towns to set levels of service. [2005 c 376§ 101.] http://apps.leg,wa.gov/rcw/defatilt.aspx?cite=35.103.010 4/8/2011 AGENDA REPORT FOR: City Council I Date: April 6, 2011 f TO: Gary Crutchtie .r Manager Workshop Mtg.: 04/11/11 Rick White, . Regular Mtg.: 04/18/11 Community & $conomic Development Director p-1 FROM: Angela R. Pitman, Block Grant Administrator6l SUBJECT: HOME Analysis of Impediments to Fair Housing 2010-2015 (MF# BGAP2011-002) 1. REFERENCE(S): 1. Analysis of Impediments to Fair Housing 2010-2015 Fair Housing Plan 2. Resolution Approving the Analysis of Impediments to Fair Housing 2010-2015 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 04/11111: DISCUSSION 04/18/11: MOTION: I move to approve Resolution No. approvuig the Fair Housing Plan entitled Tri-Cities Analysis of Impediments to Fair Housing 2010-2015 III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. The City in cooperation with the Tri-Cities HOME Consortium conducts an analysis of possible impediments to the provision of fair housing for all Pasco residents. This analysis is incorporated into the Consortium's 5-year Consolidated Plan which was approved by Council for the years 2010-2014 on October 19, 2009. B. The City's initial analysis, completed in 2005 and entitled "Analysis of Impediments to Fair Housing (Al)", did not require the City to meet strict citizen participation requirements, because the first plan was prepared outside the normal 5-year cycle of the Consolidated Plan. C. Subsequent fair housing plans and analysis must meet the same federal requirements as the Consolidated Plan, which is required to he updated at least once every five years, and must follow the guidelines of the City's HUD-approved Citizen Participation Plan. D. In September 2010, the Tri-Cities HOME Consortium contracted with a consultant to prepare an update to the Analysis of Impediments to Fair Housing for 2010-2014. V. DISCUSSION A. A HUD Fair Housing Plan has three components; analysis, action plan, and evaluation. The consultant analyzed impediments to fair housing choices in the Tri-Cities area, and prepared recommended actions to minimize those impediments. Performance of the action plan is evaluated in the City's annual Consolidated Annual Plan Evaluation Report (CAPER). B. Recommended actions for improving access to fair housing opportunities are routinely implemented each program year through planned activities of the Consortium. The City also encourages fair housing opportunities for Pasco residents by providing assistance to Limited English Proficient applicants, educating program partners of Fair Housing requirements, providing or assisting with community workshops, and advertising to increase awareness of fair housing issues. 4(g) Reference 1 - Analysis of Impediments to Fair Housing 2010-2015 Fair Housing Plan TRI-CITIES ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 2010-2015 Developed by John Epler & Associates February 2011 TABLE OF CONTENTS Page Executive Summary 1 Assessment Process 1 Tri-Cities Population and Housing 2 Summary of Recommendations 2 Fair Housing Laws 3 Federal Laws 3 State Laws 5 Background Information 6 Demographics 6 Households 7 Income 8 Housing Needs of Special Populations 9 Housing Availability 12 Fair Housing Complaints 12 National Trends 13 HUD Complaints in Tri-Cities 15 Complaints Filed with State Human Rights Commission 15 Complaints Filed with the NW Fair Housing Alliance 16 Conclusions on Complaint Data 16 Housing Sales and Financing 16 Home Mortgage Disclosure Act (HMDA) 16 Predatory Lending 18 Community Reinvestment Act I 19 Brokerage Services 20 Advertising 20 Fair Housing Policies and Actions in Tri-Cities 21 Public Policies and Administrative Actions 21 Current Fair Housing Actions 22 Impediments to Fair Housing 23 Conclusions and Recommendations 23 Appendix—Organizations Consulted 26 EXECUTIVE SUMMARY In 1968 the US Congress passed the Fair Housing Amendments of the Civil Rights Act of 1968 to provide protection against discriminatory practices in housing. Specifically,they required federal governmental agencies to administer their programs in ways which prevent discrimination in housing and encourage actions and policies that affirmatively further fair housing. The cities of Richland, Kennewick, and Pasco currently operate, individually and cooperatively, Federal programs administered by the US Department of Housing and Urban Development(HUD)to provide community development and housing assistance to low and moderate income persons.As a condition to receiving annual federal grants under the Community Development Block Grant Program and the HOME Program,the cities are required to periodically undertake steps that affirmatively further fair housing as follows; • Conduct an Analysis of Impediments to Fair Housing, • Take appropriate action to overcome the effects of impediments identified through that analysis, and • Maintain records reflecting the analysis and actions. This report provides the cities with an assessment of the impediments to fair housing found in the area and recommends steps to overcome the impacts of the identified impediments. It is intended to be a tool to the cities in working with other agencies, and organizations, including the banking and real estate industries toward elimination of unfair housing practices. THE ASSESSMENT PROCESS During the fall and winter of 2010 consultants hired by the three cities conducted the assessment using several sources of information and input on fair housing practices and issues in the Tri-cities area. Basic research was conducted on the characteristics of the populations protected by the Fair Housing Laws, housing needs and other demographic data pertinent to the community. Data on housing and demographics of the community was obtained from the US Census,the Washington State Office of Finance Management,the US Department of Housing and Urban Development (HUD),the National Low Income Housing Coalition,and the National Fair Housing Alliance, In addition, data and analyses in the recently adopted Tri-cities Consolidated Plan provided a base for understanding both local conditions and trends. Local laws, policies and practices were reviewed as well as public data and records on housing complaints filed over the past five years. Finally,interviews with representatives and staff of key private and public sector organizations (as noted in the Appendix)were a critical component in identifying issues and exploring specific recommendations. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 1 TRI-CITIES POPULATION AND HOUSING The Tri-Cities has a very diverse population,with marked differences between the cities.A substantial portion of the population Is Hispanic, particularly in Pasco. In addition to this diversity,the Tri-Cities can expect an increase in the relative number of elderly residents. Some will be due to the aging of the "baby boomers" and some to in-migration as people seek to take advantage of the more moderate climate, slower pace of living, and more attractive costs of living. This will result in changes in demand for housing and services—including types and costs of units, location of housing, access to services and care,and increased transportation options. Housing development in the Tri-Cities has tended toward single-family and,to a much lesser extent, higher-end multifamily, in recent years. Housing costs In the Tri-Cities have not plummeted, as they have in other areas, in response to the economic recession.A significant factor discussed by individuals interviewed for this report is the lack of available rental housing, particularly housing affordable to lower-income households, the elderly and persons with disabilities.Vacancy rates hovering around 1% provide limited choice and increase barriers to attaining housing stability. SUMMARY OF RECOMMENDATIONS Three Impediments to Fair Housing were identified through the process.These are briefly outlined below along with specific recommendations for the community to consider in working toward the elimination of those impediments. For the best possible success,the cities should work together with the broader community in a cooperative effort overtime to impact these issues. Many of the protected populations seeking rental or homeownership opportunities lack the skills and knowledge to obtain and remain in affordable housing. Recommendations • Post information about fair housing and remedies on public web sites, at libraries, Laundromats, and other locations with wide public access. Post information in Spanish, at a minimum. • Provide fair housing information to agencies working with protected classes. • Support programs and activities which provide consumers with the knowledge and skills to identify and respond to their rights under fair housing laws and to understand both rental agreements and purchase agreements. • Support the provision of workshops and education on unfair lending practices, including predatory lending.Take full advantage of agencies providing no-cost education and/or financial counseling and encourage consumers to take advantage of those resources in advance of purchasing housing (and other consumer goods). Immigrants and refugees are particularly susceptible to predatory practices. • Support community activities and programs that provide counseling and training on application requirements, preventing/resolving credit history problems,and documentation issues. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 2 • Support the provision of English language classes for persons with limited English language skills. There is a lack of awareness of the issues related to fair housing and the impediments to fair housing in the Tri-Cities. Recommendations • Explore partnerships in the community (e.g., agencies, realtors, lenders, advocates)to provide a venue and materials for fair housing training. Many of the agencies interviewed in preparation of this document indicated a willingness to provide resources,space and time. • Work with realtors, landlords, lenders and others in the housing industry to have contracts provided in the language of the consumer, • Support activities to educate the community,Including landlords and tenants on the rights of persons with disabilities. • Support efforts to educate the community on the need for reasonable accommodations for persons with disabilities, including keeping service/companion animals. • In order to increase full community awareness, consider holding public forums and/or discussion sessions with public officials, including City Councils, on fair housing issues facing the Tri-Cities area. Extremely low rental vacancy rates,lack of new lower priced rental units and a housing stock that is increasingly balanced toward single family housing impact the ability of many households to obtain affordable housing meeting their needs. Recommendations • Continue to support land use,zoning and other policies that provide adequate housing choice to fit the needs of the population, including those with special needs and limited incomes. • Encourage the development of new housing to meet the projected need for elderly housing and the inclusion of an adequate supply of units accessible to the disabled. • Advocate for the retention of critical State social services programs operated by the County that provide services and support for persons with severe disabilities, • Advocate for additional housing funding resources at the state level such as the State Housing Trust Fund, Aggressively pursue funding sources to create new housing in the Tri-Cities. • Utilize the local "2060" housing assistance resources for housing which reflects these needs, FAIR HOUSING LAWS FEDERAL LAWS Title Vlll of the Civil Rights Act of 1968, as amended (fair Housing Act), prohibits discrimination in the sale, rental and financing of dwellings, and in other housing-related transactions, based on: Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 3 • Race or color • National origin • Religion • Sex • Familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under age 18) • Handicap (disability) The Fair Housing Act covers most housing.' In some circumstances,the Act exempts owner-occupied buildings with no more than four units,single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to members. In the sale and rental of housing: No one may take any of the following actions based on race, color, national origin, religion,sex,familial status or handicap(disability): • Refuse to rent or sell housing • Refuse to negotiate for housing • Make housing unavailable • Deny a dwelling • Set different terms, conditions or privileges for sale or rental of a dwelling • Provide different housing services or facilities Falsely deny that housing is available for inspection, sale or rental • For profit, persuade owners to sell or rent(blockbusting), or • Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing. In mortgage lending: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap(disability): • Refuse to make a mortgage loan • Refuse to provide information regarding loans • Impose different terms or conditions on a loan,such as different interest rates, points,or fees • Discriminate in appraising property • Refuse to purchase a loan, or • Set different terms or conditions for purchasing a loan. 'This discussion is taken directly from the HUD publication in 2002,Fair Housing:Equal Opportunity forAff (www.hud.gov/fairhousing) Tri-Cities Analysis of Impediments to Fair Mousing 2010-2015—Page 4 In addition, it is illegal for anyone to: • Threaten, coerce,intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise that right. • Advertise or make any statement that indicates a limitation or preference based on race,color, national origin, religion, sex, familial status, or handicap.This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act. Additional protections for persons with disabilities:The landlord may not refuse to allow: • Reasonable modifications to the dwelling or common use areas, at the tenant's expense and where the unit can be restored to the original condition, or • Reasonable accommodations in rules, policies, practices or services, if necessary for the disabled person to use the property. Buildings constructed after March 1991 are subject to accommodation requirements, depending on the number of units and presence of an elevator. Familial status is protected unless the building or community qualifies as housing for older persons, that is: • It is specifically designed for and occupied by elderly persons under a federal,state or local government program • It is occupied solely by persons who are 62 or older, or • It houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older. The US Department of Housing and Urban Development (HUD) has been given the authority and responsibility for administering this law.This authority includes handling of complaints,engaging in conciliation, monitoring conciliation, protecting individual's rights regarding public disclosure of information, authorizing prompt judicial action when necessary, and referring to the State or local proceedings whenever a complaint alleges a discriminatory housing practice. STATE LAW Washington State has adopted a fair housing law, which is substantially equivalent to federal law and extends protection to the same populations. In addition it extends protection on the basis of marital status,sexual orientation (2006 addition), and military or veteran status (honorable discharge) (2007 addition), Tri-Cities Analysis of impediments to Fair Housing 2010-2015—Page 5 Chapter 49,60 RCW is a state law that prohibits discriminatory practices in the areas of employment, places of public resort,accommodation, or amusement, in real estate transactions, and credit and insurance transactions on the basis of race,creed, color, national origin,families with children, sex, marital status,sexual orientation, age,honorably discharged veteran or military status, or the presence of any sensory mental, or physical disability or the use of trained dog guide or service animal by a person with a disability;and prohibits retaliation against persons who oppose a discriminatory practice, and those who file health care and state employee whistleblower complaints. (www.hum.wa,gov) The Washington State Human Rights Commission has a cooperative agreement with the Department of Housing and Urban Development to process and investigate dual-filed housing complaints for which the Commission receives funding under the Fair Housing Assistance Program (FHAP). Most of the Commission's housing cases are dual-filed with HUD—the exceptions are cases covered under State but not covered under federal law. BACKGROUND INFORMATION The Tri-Cities today is experiencing a relatively rapid population growth, including an increase in seniors because of the climate, pace of life and cost of living.The economy remains strong compared to most of the country and, importantly,while its economy has become more diversified over the years,its workforce needs are still heavily tied to the 586 square mile Hanford cleanup site and associated high- tech industries. Although the ultimate impact is not yet known,the rapid increase in federal resources allocated to the area in 2008 and 2009 will cause further volatility in the area's employment, population, and housing. At the same time, with the advent of the wine industry,the nature of the agricultural sector continues to evolve with less reliance on the food processing industry.While these and other factors bond the three communities, each of the communities has a special degree of distinction and its own identity. DEMOGRAPHICS All three communities have seen substantial growth between 2000 and 2009, most notably Pasco with 70% recent growth in population. Most of the growth Is the result of in-migration, although annexations have been important contributors, particularly in Kennewick where annexations between 2000 and 2009 accounted for 40% of the population growth. Rapid growth creates demand for housing and services.The current low vacancy rates (1%) are indicative of this demand.Several factors have contributed to the population growth, including an increase in mobility between the three cities with the 1-182 bridge over the Columbia River in 1985, and the development of several new residential subdivisions offering housing at relatively modest prices, Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 6 Table 1: Tri-Cities Population 1990-2009 _ Year Change Location _ 1990 2000 2009 2000-9 Kennewick 42,155 54,693 67,180 23% Pasco 20,337 32,066 54,490 70% Richland 32,315 38,708 47,410 22% Benton County 112,560 142,475 169,300 19% Franklin County 37,473 49,347 72,700 47% Washington State 13% Sources: US Census 1990,2000;Washington OFM 2009. A major impact over the next three years wilt be a large population influx as a result of new jobs resulting from federal funding to expedite the Hanford cleanup under the national economic recovery program—approximately$2 billion in federal funds have been allocated. Table 2; Race/Ethnicity 2000 Race Ethnicity'" Location White Non Hispanic Non- Alone White Hispanic Kennewick 83% 17% 16% 84% Pasco 53% 47% 53% 47% Richland 90% 10% 5% 95% Benton County 86% 14% 13% 17% Franklin County 62% 38% 47% 53% Washington State 82% 18% 8% 12% *May be of any race, Source: US Census. The Tri-Cities have a diverse population. Pasco, in particular, has a large Hispanic population.Agriculture and associated seasonal workers was the historical origin. Over the years,those workers have settled in the area, built families and businesses and are an integral part of Pasco,the other cities, and the counties. There continues to be a large percentage of foreign-born residents —Hispanic and non-Hispanic. People look for opportunities in agriculture and other economic sectors. Inability to speak English well,or at all, can be a barrier for those speaking Spanish,as well as those with other native languages (for example, Russian and Ukrainian). Inability to read English,or read at all, affects people's ability to understand contracts.This lack of understanding was noted as an important concern in issues related to fair housing, including predatory lending. HOUSEHOLDS Two-thirds of the households, or more, are family households, In 2000 there were more large families (5 or more persons) in Pasco than in the other two cities.The number of households comprised of single individuals is important to note. In 2000 about 9%of households in each of the cities were comprised of Tri-Cities Analysis of Impediments to Fair dousing 2010-2015—Page 7 single,elderly persons.As the "baby boomers" age and retired persons look for living opportunities in the Tri-Cities, this will change the demand for housing and services. Table 3: Types of Households 2000 Family Households Non-Family Households Location 2-4: 5+* Singles Other Kennewick 57% 11% 26% 6% Pasco 51% 24% 20% 4% Richland 60% 9% 27% 4% Benton County 60% 12% 23% 5% Franklin County 55% 23% 18% 4% Washington State 56% 10% 26% 8% *People in household. Source: US Census. INCOME Table 4 reflects the substantial diversity in household income between the three cities. It is also clear that median earnings for women and men differ, due in no small part to different occupations.This has implications,of course,for women raising children on their own and for elderly women whose financial circumstances may be reduced upon death of a spouse. Median household income varies by race and ethnicity as well, There are a number of contributing factors including educational attainment,which is tied to types of positions available. Disparities in median income,such as shown in the table, affect the ability to secure suitable, affordable housing. In addition, median income is the mid-point—50% of households are earning less, often substantially less. Table 4: Income 1999 Income Location Measure Kennewick Pasco Richland Median household $41,213 $34,540 $53,092 Median family $50,011 $37,342 $61,482 Median earnings male* $41,589 $29,016 $52,648 Median earnings female* $26,022 $22,186 $30,472 Median household white alone** 543,678 $42,665 $53,237 Median household Hispanic'"* $29,176 $26,673 $45,707 *working full-time,year-round. "Householder. Source: U5 Census. Table 5 examines the level of poverty in each of the cities as of the 2000 census. More than half of women with children under 5 years of age Sand no husband present) were living in poverty in Kennewick and Pasco, and nearly half in Kennewick. Persons with disabilities who must rely on S51 as a major or exclusive source of income and elderly residents living on limited fixed incomes are examples of Tri-Cities Analysis of Impediments to Fair Housing 2010.2015—Page 8 community members living in often extreme poverty. Poverty, compounded with special needs, reduces housing choice. Table 5: Persons Living in Poverty 1999 Population Location Kennewick Pasco Richland Individuals 13% 23% 8% Households 11% 21% 8% Families 10% 20% 6% Females alone w/children<5 56% 1 67% 43% Source: US Census. HOUSING NEEDS OF SPECIAL POPULATIONS FRAIL ELDERLY The elderly (and frail elderly) population of Tri-Cities communities is growing at a high rate and will require action in order to meet the specific needs of this population, both for housing and services. In 2007, there were 17,700 people over 65 in Benton County(11% of the total population), and 5,287 people over 65 in Franklin County(8%of the total population).2 Table 6: Population Over 65 as a Percent of Total Population 2000-2030 Year Location 2000 2005 2010 2015 2020 2025 2030 Benton County 10% 10% 11% 13% 15% 16% 18% Franklin County 9% 8% 1 7% 7% 8% 9% 1 9% Source: Washington OFM,Medium Forecast,October 7007. Table 6 shows a steady increase in population over 65 from 2000 to 2030. Benton County's elderly population will rise from 10%to 18%during that time.' Given the weak production levels of multi- family housing (19 units in the Tri-cities in 2008),there will be a supply side issue within a matter of a few short years. In addition, affordability is already a growing issue as the extremely low vacancy rates (in the 1% range)are driving rents up, During the Consolidated Planning focus group sessions, nutrition and affordable housing were identified as priority needs for the Tri-Cities elderly population.Assisted housing for the elderly, as well as subsidized affordable rental housing and increasing ADA accessibility was also noted as priority needs. A related issue was the aging of parent care-givers of children with disabilities, especially developmental disabilities. In 2007, 2,334 people over 65 years old had a disability in Franklin County—nearly half of the total population over 65(46%), compared to just 12%of the total population. 51milarly,46%of people over American Community Survey,2007 a Washington Office of Financial Management,Medium Forecast,October 2007. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 9 65 in Benton County had a disability in 2007-7,843 people.4 The 2007 American Community Survey found 2,158 people in Benton County and 504 people in Franklin County who were age 85 and older. Many frail elderly have difficulty obtaining suitable affordable housing with supportive services.Among the elderly,the incidence of low income is higher than in the general population and many of the frail elderly have fixed social security incomes. Many are limited to care that can be obtained through Medicaid. Independent living and in-home support costs force many into group living facilities and into facilities that have openings for Medicaid-paid care. Medicaid assisted living and nursing home beds are limited: six facilities between Richland and Kennewick advertise financially assisted residential care for the elderly or persons with disabilities. PERSONS WITH DISABILITIES In 2007, the American Community Survey reported 7,008 people in Franklin County with a disability (120% of the population). Of those, 1,023 were children ages 5 to 15, and 2,334 were over 65 years of age. In Benton County, 23,831 people were living with a disability (16%of the population)—1,784 were children age 5 to 15 and 7,843 were over 65. As many persons with disabilities rely on social security supplemental income (the majority income source within the disabled community), housing for persons with disabilities is a tremendous affordability problem. Persons on social security supplemental income can afford less than$200 a month for rent and utilities (approximately 1/3 of total SSI income), Without rent assistance,this extremely low-income group of individuals has little choice but to live in over-crowded or sub-standard units, reside in homes of parents or siblings homes well into adulthood, couch surf,or become homeless. Focus groups and survey respondents identified assisted living, affordable rental units,job training, and emergency assistance (shelter,food, medicine)as priority needs for Tri-Cities residents with disabilities, PERSONS WITH DEVELOPMENTAL DISABILITIES In 2006-2007 DSHS reported 583 clients in Kennewick, 287 in Richland,and 433 in Pasco with developmental disabilities.' Housing for adult developmentally disabled persons is a severe affordability need. As with other disabled persons, they most likely live on social security supplemental income and thus have extremely low incomes.With the advent of de-institutionalization, which began occurring in the 1970's, most persons with developmental disabilities live in community settings within the general population. Adult clients also pay for their own rent, food and transportation,though they may receive other funded 4 American Community Survey,2007. s Washington State Department of Sociai and Health Services, Data Analysis Division,February 5,2009 Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 10 services to pay for other living expenses,skills development or job training. Focus groups identified a major concern with the aging parents of children with developmental disabilities. MENTAL ILLNESS Mental illness ranges from mild and short-term depression to chronic, lifetime conditions such as schizophrenia. The Washington State Department of Social and Health Services provided clients with 1,670 mental health services in Kennewick in 2006-2007: 74 cases of inpatient evaluation and treatment, 35 cases with in-patient services in state institutions, and 1,664 cases in community services. In Richland,there were 1,010 clients: 59 inpatient evaluation and treatment, 20 state institutions, and 1,003 community services. In Pasco,there were 998 clients: 49 inpatient evaluation and treatment, 25 state institutions,and 991 community services.6 Focus groups revealed a need for a crisis response center to triage and provide immediate stabilizing services for persons with mental illness who are found in crisis. Currently,many people coming out of jails with mental illness or substance abuse issues do not have housing or financial resources creating a crisis. Both temporary housing (shelter and transitional)and permanent supportive housing with intensive services,were described as critical needs.The 2009 homeless count noted that 32%of the individuals found homeless suffered from mental illness.A total of 54%of the homeless persons surveyed in the count indicated that"mental illness"was a reason forthern becoming homeless.' PERSONS WITH HIVJAIDS As of 2008, Benton County had a cumulative history of 115 HIV diagnoses. Of those, 19 were newly diagnosed between 2003 and 2008. Eighty-five people in Benton County currently have HIV, and 53 of those people have AIDS. Franklin County records a total history of 71 persons diagnosed with HIV—26 of them diagnosed between 2003 and 2008.Of those currently living, 57 people have HIV and 34 of them have AIDS.e Locally the incidence of the disease is relatively small; however,the disease is becoming increasingly prevalent in suburban and rural areas. Locally the Benton-Franklin Health District has developed a Bilingual Outreach Project to educate migrant farm workers about the risks of contracting HIV/AIDS. A Spanish-speaking outreach worker provides information at labor camps, English as a second language classes,jails,and alcohol and drug dependency treatment facilitie5.9 s Washington State Department of Social and Health Services, Research and Data Analysis Division, February 2009. Note7 these numbers do not add up,likely due to an overlap of cases between programs. '2009 Point in Time Count Review of Findings, Benton-Franklin Community Action Committee,July 2009, n Washington State's HIV/AIDS Surveillance Report,September 2004. 9 Washington State Department of Health's Health Education and Resource Exchange, Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 11 HOUSING AVAILABILITY The housing markets of Pasco, Kennewick,and Richland are surprisingly different given the proximity of the communities. Even more remarkable is the sudden growth in owner-occupied units overall and especially in Pasco, which has traditionally experienced the lowest incidence of homeownership. Kennewick is the closest to Pasco in new development for buyers although the new developments in Kennewick tend to offer larger and more costly housing units. The Tri-Cities housing stock in 2000 was primarily made up of single-family detached homes with the highest percentage in Richland (63%),followed by Pasco (54%) and Kennewick(53%).Those percentages have increased significantly in Pasco and Kennewick since 2000,as new-single family subdivisions have been developed.The vast majority of housing permits in the two-county area have been for single- family housing—98%of all residential permits in 2008. Rental housing is relatively less expensive than single-family housing—yet households at the lower income levels (50•/6 of median income or less) are typically already priced out of the single-family homeowner market and face limited opportunities without receiving some type of financial assistance. Given the significant low-Income population in the Tri-Cities(particularly in Pasco), its high growth rate, and low production levels of new rental housing, very low-income families and individuals—plus large families requiring several bedrooms—face significant challenges in obtaining adequate housing they can afford. As discussed above, persons with special needs face particular challenges in finding housing and may be more vulnerable to discrimination, whether actual or as a result of limited choice. Governmental assistance will be necessary to bring housing costs into affordable ranges, The limited amount of funds available from the HOME and CDBG entitlements limits the potential for impacting the need for affordable housing. In 2008 and 2009,state-generated funding from the Housing Trust Fund and from the "2060" Revenues has fallen, resulting in reduced ability of the cities and developers to leverage HUD funds for new rental housing. FAIR HOUSING COMPLAINTS Several Federal, State and local agencies have roles in working with persons who have complaints on The Washington State Department of Financial Institutions provides both education and legal assistance in cases of financial fraud.They also regulate and examine all state-chartered financial services institutions as well as provide outreach to protect consumers from fraudulent activities. The Washington State Human Rights Commission has a cooperative agreement with the Department of Housing and Urban Development to process and investigate dual-filed housing complaints for which the Commission receives funding under the Fair Housing Assistance Program (FHAP). Most of the Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 12 Commission's housing cases are dual-filed with HUD—the exceptions are cases covered under State law but not covered under federal law. The Northwest Fair Housing Alliance has an established mission to eliminate housing discrimination and to ensure equal housing opportunity for the people of Washington State through education,counseling and advocacy. The fair Housing Center of Washington plays a role in promoting and enforcing fair housing through its community education programs, complaint investigation and advocacy and its information and referral system. HUD has the responsibility of enforcing the Fair Housing Act. Complaints that are filed may be investigated directly by HUD or may be investigated and processed by local certified agencies. In the state of Washington,the Washington State Human Rights Commission is the certified agency for fair housing and receives reimbursement from HUD under the Fair Housing Assistance Program.The Commission has separate jurisdiction over claims of discrimination covered under State law that are not otherwise covered under federal law, The Northwest Fair Housing Alliance (NWFHA), located in Spokane, assists people in Eastern and Central Washington who have been discriminated against in housing because of race, color, national origin, disability, familial status (presence of children), marital status, religion,gender (sexual harassment or domestic violence may qualify), or sexual orientation with the investigation and filing of fair housing complaints with the Department of Housing and Urban Development(HUD) and the Washington State Human Rights Commission (WSHRC).1D Their mission statement indicates the Alliance's goal is to eliminate housing discrimination and to ensure equal housing opportunity for people in Washington State through education, counseling and advocacy. After a complaint is filed, it is normally investigated to determine whether there is reasonable cause to believe the Fair Housing Act has been violated, HUD wilt also try to help conciliate the complaint and resolve the issue before taking It further. If conciliation is not reached and there is reasonable cause, the complaint goes before an Administrative Law Judge to be heard. The Administrative Law Judge can order relief, and award damages, attorney's fees and costs. Either the respondent or complainant may choose to have the case decided in federal District Court, NATIONAL.TRENDS HUD annually prepares a report outlining the fair housing complaints filed nationally.The most recent report, The State of Fair Housing Report--Annual Report on Farr Housing FY2009, summarized that a total of 10,242 complaints were received during the year—8,165 by Fair Housing Assistance Programs (FHAPs) and 2,077 by HUD. Forty-four percent (44%) of the complaints were filed for discrimination k0 www.n%vfairhouse.org. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 13 based upon disability, 31%based upon race/ethnicity, 21% based on familial status, 13% based on national origin and 10% based on sex, The most common complaint was based on the terms and conditions of sale or rental of property while 22%were based on a lack of reasonable accommodation (for disabilities). The 2010 Fair Housing Trends Report prepared by the National Fair Housing Alliance"was based on the analysis of 30,213 fair housing claims and complaints reported by member agencies, HUD,the Department of Justice and state and local government agencies in 2009 (this compares with the 17,453 complaints filed just 10 years before in 1999). Of the total complaints made in 2009, 19,924 were received by the Fair Housing Alliance member organizations.The Alliance estimates that the more than 30,000 total complaints received nationally in 2009 from all sources represents less than 1%of the total fair housing law violations that occurred in the country.12 A series of national studies on the experiences of African Americans,Hispanics,and Asians and Pacific Islanders in the housing market has found evidence of consistent adverse treatment in cases of refinancing of existing mortgages. While there was a 97% approval rate of refinancing applications by Whites, only 50% of Blacks received approvals.13 Although disability was the most common basis for discrimination in national complaints filed with HUD and FHAP agencies in FY 2005 (49%), a recent HUD study suggests that those complaints also represent only a small fraction of incidents of disability discrimination in the housing market. In July 2005, HUD released its first study of housing discrimination against persons with disabilities.The study, Discrimination against Persons with Disabilities, Barriers at Every Step,examined the Chicago-area rental market and found that hearing-impaired people experienced adverse treatment in half the calls made using a telephone-operator relay to search for rental housing, Mobillty-impaired people using wheelchairs experienced consistent adverse treatment 32%of the time when they visited rental properties.1' In December 2010,the Washington State Department of Financial Institutions(WDFI) announced that, as a result of charges filed against Countrywide Home Loans (CHL) for discriminating against ethnic and racially protected classes by offering loan products that were less favorable than those offered to non- protected classes, a $650,000 settlement had been reached benefitting victims of the company's practices. In the settlement, DFI identified 123 victims of alleged discriminatory pricing. Each of these Washington residents will receive a settlement ranging from$997 to$26,176.The amount received depends upon the type of loan,the number of predatory features in the loan and whether or not the consumer was foreclosed upon.15 11 www.natiorialfairhousing.org 12 National Fair Housing Alliance.2010 Foir Housing Trends Report, 13 FY2009 Annual Report on Fair Housing,HUD Office of Fair Housing and Equal Opportunity. 14 FY2005 Annual Report on Fair Housing,HUD Office of Fair Housing and Equal Opportunity. 15 WA State Department of Financial institutions,December 23,2010 News Release, www.dfi.wa.gov. Tri-Cities Analysis of Impediments to Fair Housing 2020-2015—Page 14 HUD COMPLAINTS IN TRI-CITIES Over the past five years 27 fair housing complaints have been filed with the Department of Housing and Urban Development involving cases in the three cities.16 The bases for the formal complaints were (note several included multiple allegations): • Disabilities(13) • Sex (6) • Race (4) • Familial status (4) • National Origin (3) The complaints covered the following issues: • Refusal to rent/negotiate to rent (16) • Discrimination In terms/conditions/privileges relating to facilities or services (10) • Failure to make reasonable accommodation for disabilities/design issues (7) • Discrimination in terms/conditions/privileges relating to rental agreements (3) • Steering (1) • Other(1) All but one of these cases is closed. Most of them (17)were closed with a "no cause determination" indicating that a violation was not established in the case.There were successful conciliations negotiated in the process of resolving 4 other cases and 5 cases were withdrawn by the complainant. Notably, in 3 of the 4 cases that were successfully resolved, reasonable accommodations was the issue. COMPLAINTS FILED WITH WASHINGTON STATE HUMAN RIGHTS COMMISSION The Washington State Human Rights Commission database reveals that a total of 37 fair housing complaints were filed in Benton County alone,with additional complaints in Franklin County from 1999 to 2008.17 The number of complaints over the last 5 years of the period was significantly higher than in the early years, with 26 of the complaints filed after 2003. These complaints do not necessarily represent complaints associated with violations exclusive to Washington State law.While the Commission has responsibility for those complaints, they also receive complaints filed with HUD.Therefore, the reported complaints from 1999 to 2008, most likely include cases reported above in the discussion of federal cases. Given that, family status, race and disability account for the majority of the bases of complaints. Circumstances around rental terms and conditions were the most frequent alleged violations,followed by refusal to rent. is FOIA Request tc the Seattle Office of the US Department of Housing and Urban Development.Report of complaints filed between January 1,2006 and December 31,2010. 17 Washington State Human Rights fair housing complaints database 1999—2008. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 15 Records on disposition of the complaints revealed that more than one-half resulted in a determination of"no reasonable cause" and approximately 25% resulted in "pre-finding settlement" or "administrative closure/genera!/resolved" while most of the rest were "withdrawn." COMPLAINTS FILED WITH THE NORTHWEST FAIR HOUSING ALLIANCE According to the Northwest Fair Housing Alliance (NWFHA) since October 1,2008 when they began maintaining an electronic database on inquiries,36 contacts were made from individuals in the three cities involving fair housing and non-fair housing issues." Records of the NWFHA for the five year period from January 8,2006 through January 7,2011 indicate 22 fair housing intakes from persons in the three cities were processed. By far the most frequent were the 15 cases involving disabilities (6 of these requested a reasonable accommodation). Other intakes involved 5 National Origin (Hispanic), one based on sex and one based on familial status. One of the National Origin cases was filed as a complaint to HUD in 2010. CONCLUSIONS ON COMPLAINT DATA It is generally believed that complaints actually filed represent only a small percentage of the complaints that could be filed. On the other hand, as we can see in the data of each of the organizations handling complaints,that most are determined to be without appropriate cause under the Law. The following observations can be made from a review of the data.The most common bases for complaints filed with the organizations were disabilities, followed by familial status, race and national origin. Refusal to rent and discrimination in terms/conditions/privileges relating to rental agreements and to facilities and services were the most commonly alleged violations.The data of the State Human Rights Commission clearly demonstrated that while the number of complaints filed remains small, it has grown significantly in the past five years. It is not clear whether this is a result of increased awareness by consumers,diligence by local agencies or a growing number of situations leading to filing complaints. HOUSING SALES AND FINANCING HOME MORTGAGE DISCLOSURE ACT (HMDA) The Federal Financial Institutions Examination Council(FFEIC) prepares and distributes aggregate reports on behalf of the Federal Deposit Insurance Corporation, Federal Reserve Board, National Credit Union Administration, Office of the Comptroller of the Currency, Office of Thrift Supervision,and the a Records of the NWFHA.January 1, 2006—January 7, 2011. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 16 Department of Housing and Urban Development.The Home Mortgage Disclosure Act (HMDA) data cover home purchases and home improvement loans, The data include information on race, ethnicity, gender and income of applicants,which allows an analysis of lending nationally and at the local (regional) level. Table 7 shows the applications that resulted in loan originations and the percent denied by type of institution broken down by race,ethnicity, overall minority status and income of applicants.This is consistent with the census which in recent decades contains expanded race identifiers, including the option of selecting more than one race, While lending institutions have been more rigorous about collecting demographic information about applicants,there are still gaps which should be recognized in interpreting the summary data. The 2009 summary was derived from loan applications reported by 97 institutions with a home or branch office in the Metropolitan Statistical Area/Metropolitan Division (MSA/MD)and 239 institutions without a home or branch office in the area.The MSA/MD is an area that has at least one urbanized area of 50,000 or more population, plus adjacent territory that has a high degree of social and economic integration with the core as measured by commuting ties. The data in Table 7 include loan applications for single family and small multifamily units (1 to 4 dwellings).The largest number of applications(9,331) was for refinance loans—3 to 4 times as many applications than for conventional home purchase loans and FHA,VA, FSA/RHS loans. Most (79%)of the FHA, VA, FSA/RHS loan applications resulted in a loan origination and just 9%were denied.The remainder were approved but not accepted, withdrawn by the applicant, or were incomplete. Among conventional loan applications in 2009, 76% resulted in a loan origination and 9%were denied, A much lower percentage of refinance loan applications resulted in loan originations—just 56% of refinance loan applications in 2009 resulted in a loan origination and 19% were denied. Not surprisingly across all loan types presented,the percent of loan originations increased and denials decreased as incomes of applicants increased. The HMDA data are useful in indentifying possible discrepancies in loans. Review of the 2009 aggregate reports for the Kennewick-Pasco-Richland MSA/MD does demonstrate that Hispanic/Latino and minority applicants had lower percentages of loan originations and higher percentages of denials than non- Hispanic/Latino and non-minority applicants,especially with regard to conventional and refinance loans. The information did not provide enough data to determine if this was due to a consistent pattern of racial discrimination or if there are other factors affecting decision. Lenders consider many factors in rating loans, such as debt to income ration,employment history, credit history, collateral and cash on hand. Additional research is required to determine the real cause of differences observed in the table. Tri-Cities Analysis of Impediments to Fair housing 2010-2015—Page 17 Table 7: 2009 Home Mortgage Disclosure Act(HMDA)Aggregate Report Disposition by Race/Ethnicity of Applicant, Kennewick-Pasco-Richland MSA/MD Race,Ethnicity FHA,VA, Conventional Refinance and Income FSA/RHS Loans Loans Loans of Applicant N Orig-* Denied N Orig. Denied N Orig. Denied By Race White(Hispanic&Non-Hispanic) 2,437 79% 8% 1,877 1 77% 9% 7,973 58% 18% By Ethnicity Hispanic/Latino 422 73% 14% 142 58% 18% 983 34% 37% Non-Hispanic/Latino 2,045 80% 7% 1,790 78% 8% 7,331 60% 16% By Minority Status White, Non-Hispanic/Latino 1,961 1 81% 7% 1,681 78% 8% 6,876 60% 16% Minority and/or Hispanic/Latino 1 556 75% 13% 291 68% 13% 1,590 42% 31% By Income of Applicants Less than 50%of MSA/MD Median 426 72% 14% 192 61% 190/0 657 36% 38% 50%-7V.of MSA/MD Median 904 80% 8% 355 72% 14% 1,457 45% 26% 80%-99%of MSA/MD Median 426 78% 9% 228 79% 10% 1,203 5-;% 24% 100%-119%of MSA/MD Median 312 86% 4% 245 76% 9% 1,147 55% 180/0 120%or more of MSA/MD Median 550 81% 7% 1,108 79% 6% 3,946 63% 14% Total Applications 2,631 1 79% 9% 2,147 76% 9% 9,331 56% 19% *Applications accepted and resulting in origination of a loan.There were also applications that were approved but not accepted by the applicant or withdrawn. Source: FFIEC,2009 Home Mortgage Disclosure Report Aggregate Report.(www.ffiec,gov) PREDATORY LENDING State Interest and Usury Law, RCW 19.52.020(1), limits the amount of interest that can be charged to consumers at either 12% per year or 4% above the auction quotes for Federal Reserve 26-week Treasury Bills(whichever is the greater).The usury law applies to consumer loans that are not related to a credit card debt, a retail installment contract or a consumer lease. In recent years there has been a proliferation of"Payday Loan Stores" which are often located in areas where low and moderate income persons and/or where ethnic/minority groups are prominent.These stores offer short term loans to meet the emergency cash needs of borrowers. Many of the loans have resulted in pushing persons further into poverty and ruining credit. The state has limited the number of payday loans that can be made to 8 per individual and has placed limits on the amount of the loan. According to the State Department of Financial Institutions (WDFI), the following are among the common predatory lending practices:19 • Equity stripping: The lender makes a loan based upon the equity in your home, whether or not you can make the payments. If you cannot make payments,you could lose your home through foreclosure. 19 WA State Department of Financial Institutions website information,www.dfi.wa.gov. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 19 • Bait-and-switch schemes: The lender may promise one type of loan or interest rate but without good reason, give you a different one. Sometimes a higher(and unaffordable) interest rate does not kick in until months after you have begun to pay on your loan. • Loan Flipping: A lender refinances your loan with a new long-term, high-cost loan. Each time the lender "flips" the existing loan you must pay points and assorted fees. • Packing: You receive a loan that contains charges for services you did not request or need. "Packing" most often involves making the borrower believe that credit insurance must be purchased and financed into the loan in order to qualify. • Hidden Balloon Payments: You believe that you have applied for a low rate loan requiring low monthly payments only to learn at closing that it is a short-term loan that you will have to refinance within a few years. Falsification of documents is another predatory practice, including falsification of appraisals to sell properties for more than they are worth and encouraging misrepresentation on loan documents. One practice reported in the Tri-Cities was use of another person's social security number,which resulted In the document being illegal. People who are illiterate or unable to read and understand contracts they are signing are vulnerable to predatory practices. Other unregulated predatory lending businesses have offered very low interest rates for home loans in order to entice less knowledgeable homeowners or homebuyers to take out a loan.These businesses often charge extremely high fees and/or include quickly escalating interest rates which go far beyond regulated lending industry standards. Persons with limited financing experience, limited English skills or fear of loss of their property if immediate lending is not approved often fall prey to these practices and in doing so end up damaging their credit when they are unable to meet payments. A recent phenomenon is the rise of on-line internet services offering payday loans, Many of these operate outside of the regulations and are not licensed in the State of Washington.A recent cease and desist order was obtained in October 2010 by WDFI against an on-line payday loan business operating out of Costa Rica. COMMUNITY REINVESTMENT ACT The Community Reinvestment Act (CRA)was enacted by Congress in 1977 to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low and moderate Income neighborhoods 2c The CRA requires supervisory agencies to assess performance periodically.The four federal bank supervisory agencies are:the Office of the Comptroller of the Currency (OCC), Board of Governors of the Federal Reserve System (FRB), Office of Thrift Supervision (OTS), and Federal Deposit Insurance Corporation (FDIC). Performance is evaluated in terms of the institution (capacity, constraints and business strategies),the community(demographic and economic 20 This discussion and ratings were taken from the Federal Financial Institutions Examination Council web site(www.ffiec.gov). Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 19 data, lending, investment, and service opportunities), and competitors and peers. Ratings assigned are: outstanding, satisfactory, needs to improve, and substantial noncompliance. The following ratings pertain to banks rated between 1994 and 2010 in Pasco and Kennewick. No listings were shown for financial institutions in Richland. All institutions shown had satisfactory or better ratings. Table 8: FFIEC Interagency CRA Ratings 1994-2010 Bank Name City ! Date Agency Rating Assets Exam (thousands) Method Bank Reale Pasco 2009 FDIC Satisfactory $36,464 Small bank Columbia Trust Bank Pasco 2003 FDIC Satisfactory $134,568 Small bank American National Bank Kennewick i 1994 OCC Satisfactory $66,988 NR* Community First Bank Kennewick 2010 FDIC Satisfactory $135,829 Small bank Pacific One Bank Kennewick 1997 OCC Satisfactory $163,520 NR* ' Not reported, Source:Interagency CRA ratings,www.ffiec.gov. BROKERAGE SERVICES Real estate brokers are a key contact for potential home buyers. The broker is in a position to influence choice of location and type of housing as well as providing information about financing options. National studies(HUD 2000 Housing Discrimination Study)indicate that minority customers are given full information about housing options less frequently than white customers_ Hispanic home seekers,for example,experience this type of discrimination at least 25%of the time. ADVERTISING The Fair Housing Act makes it illegal to advertise any preference, limitation, or otherwise encourage discrimination because of race, color, religion, sex, national origin, handicap, or familial status. Most newspapers will publish a statement to that effect, and perhaps include the HUD Equal Housing Opportunity logo along with information on where to phone to complain of discrimination. These inform the public that discriminatory advertising is illegal,that the newspaper screens ads with obviously discriminatory statements, and provides an avenue forvictims of discrimination. The surge in internet advertising has changed the rental and sales marketing dramatically in recent years.This makes it difficult to track and enforce fair housing violations in current advertising practices. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 20 FAIR HOUSING POLICIES AND ACTIONS IN TRI-CITIES PUBLIC POLICIES AND ADMINISTRATIVE ACTIONS There are three primary areas of local public policies that touch on fair housing issues — local building codes, zoning ordinances and maps, and comprehensive plans. BUILDING CODES Each of the three cities updates their local Building Codes related to handicapped accessibility as the Washington State Building Codes are adopted (2003 ANSI/IBC). This will assure that construction will take into account the latest standards to improve accessibility for the elderly and disabled. ZONING ORDINANCES AND MAPS Richland is the most fully developed with limited land available for new development while Pasco has large tracts of property available for development. over the past few years, housing growth has occurred primarily in Pasco, which has permitted more housing than the other two cities combined in the past two years. However,this growth has been largely single family as there were no multi-family housing developments permitted from 2005-2008. Pasco has recently revised its Municipal Code to allow for an increase in housing density in its R-2 to R-4 zoning classifications which can have the impact of increasing the number of units developed and increasing affordability. In addition,the City is in the process of considering changes to allow additional re-zoning of R-1 designations for R-2 and R-3 development. Richland updated its zoning ordinance in 2009 to provide for mix-use development In the Central Business District.These will allow less expensive and small apartments in the core area next to transportation and services. It will also increase the potential access of elderly and persons with disabilities to affordable housing, Kennewick allows accessory apartments in all residential zones provided they are built within the existing structure, Its Alternative Residential Provisions allow densities to increase in all residentially- zoned properties. The City is currently considering a staff recommendation to amend the zoning ordinance to permit mixed-use zones as an incentive to constructing affordable housing. COMPREHENSIVE PLANS Comprehensive Plans set the policies on which current quality of life and future development of a community is based. As such,they provide a guide to local public planning which may affect fair housing. Some examples follow. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 21 The 2009 Kennewick Comprehensive Plan provides in Housing Goal 3 that policies will support the development"....of a variety of housing types and densities to meet the diverse needs of the population." Among the tools described are housing for special needs populations,accessory apartments, and zero lot lines in order to promote affordability of housing for all segments of the community. Pasco's 2007 Comprehensive Plan Housing Goal 1"Encourages housing for all economic segments of the city's population." It further describes the goal of providing a diversity of housing types to accommodate the elderly,physically challenged,mentally impaired,and the special needs populations, e.g., congregate housing." The Housing Element of the City of Richland's Comprehensive Plan provides in Housing Goal 2 for flexibility in zoning codes to allow for variety in housing types and locations to meet diverse housing needs.This includes allowing "...a range of housing choices for seniors and special needs households—" CURRENT FAIR HOUSING ACTIONS The three cities have taken a number of affirmative steps to increase fair housing opportunities since the last Assessment of Impediments in 2005. Many of these have been carried out in conjunction with other agencies and organizations in the area. Among these activities are: • Provided workshops in cooperation with local banks to discuss homeownership opportunities and discuss ways to avoid predatory lending. • Kennewick and Richland cooperated to hire the NW Fair Housing Alliance to provide a half-day workshop on fair housing attended by 100 persons. • Distributed flyers and posters on fair housing to libraries and sub-recipients, • Richland placed fair housing information materials written in both English and Spanish in the utility bill mailings. • Partnered with HUD and the Washington State Human Rights Commission to conduct a half-day workshop on fair housing. • Partnered with Consumer Credit Counseling of the Tri-Cities to conduct a workshop which had fair housing as one of its areas of focus. • All three cities partnered with the NWFHA to staff a booth at the Columbia Center during Homeownership Month. • All three cities partnered to conduct a fair housing workshop at Columbia Basin Community College for 65 persons. • The Richland ADA officer distributed information on programs and facilities of the city which are accessible. • The City of Richland received two complaints which were referred to HUD for resolution. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 22 IMPEDIMENTS TO FAIR HOUSING Impediments to fair housing are defined as:21 • Any actions,omissions, or decisions taken because of race, color, religion, sex, disability,familial status, or national origin that restrict housing choices or the availability of housing choice. • Any actions,omissions,or decisions that have this effect. Impediments to fair housing choice include actions that: • Constitute violations,or potential violations,of the Fair Housing Act. • Are counterproductive to fair housing choice,such as: • Community resistance when minorities, persons with disabilities and/or low-income persons first move into white and/or moderate-to high-income areas. • Community resistance to siting of housing facilities for persons with disabilities because of the persons who will occupy the housing. • Have the effect of restricting housing opportunities on the basis of race, color, religion, sex, disability,familial status, or national origin. CONCLUSIONS AND RECOMMENDATIONS 1. Many of the protected populations seeking rental or homeownership opportunities lack the skills and knowledge to obtain and remain in affordable housing. As a result,they are particularly susceptible to discriminatory unfair rental and lending practices.A well-informed consumer is a major factor in preventing discrimination in housing. Lack of awareness of the law is an impediment, as is lack of awareness of options and/or fear of seeking redress. Educating consumers should include rights of legal immigrants and illegal immigrants, as well as general information about fair housing. Recommendations • Post information about fair housing and remedies on public web sites, at libraries, laundromats, and other locations with wide public access. Post information in Spanish, at a minimum. • Provide fair housing information to agencies working with protected classes. • Support programs and activities which provide consumers with the knowledge and skills to identify and respond to their rights under fair housing laws and to understand both rental agreements and purchase agreements. U.S.Department of Housing and Urban Development,Office of Fair Housing and Equal Opportunity,Fair Housing Planning Guide, Volume 1. 7ri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 23 • Support the provision of workshops and education on unfair lending practices, including predatory lending. Take full advantage of agencies providing no-cost education and/or financial counseling and encourage consumers to take advantage of those resources in advance of purchasing housing(and other consumer goods). Immigrants and refugees are particularly susceptible to predatory practices. • Support community activities and programs that provide counseling and training on application requirements, preventing/resolving credit history problems, and documentation issues. • Support the provision of English language classes for persons with limited English language skills. • Encourage the availability and use of reliable translation services to benefit persons with limited English language skills. 2. There is a lack of awareness of the issues related to fair housing and the impediments to fair housing in the Tri-Cities. While it is important to educate consumers, it is also important to continue to work with realtors, lenders, appraisers, landlords, condominium boards, builders and other providers to raise awareness about fair housing and impediments to fair housing. The dialogue should be extended to city officials,city attorneys, planning commission members, and others in a position to make decisions about housing and policies in the Tri-Cities. Recommendations • Explore partnerships in the community(e.g., agencies, realtors, lenders, advocates) to provide a venue and materials for fair housing training. Many of the agencies interviewed in preparation of this document indicated a willingness to provide resources,space and time. • Work with realtors, landlords, lenders and others in the housing industry to have contracts provided in the language of the consumer. • Support activities to educate the community, including landlords and tenants on the rights of persons with disabilities. • Support efforts to educate the community on the need for reasonable accommodations for persons with disabilities, including keeping service/companion animals. • In orderto increase full community awareness, consider holding publicforums and/or discussion sessions with public officials, including City Councils, on fair housing issues facing the Tri-Cities area. 3. Extremely low rental vacancy rates,lack of new lower priced rental units and a housing stock that is increasingly balanced toward single family housing impact the ability of many households to obtain affordable housing meeting their needs. First,the Tri-Cities rental vacancy rates are in the 1% range,while the housing industry considers 5% a "balanced rental market."As a consequence Tri-Cities rents have increased by 9%from 2009 to 2010, placing pressure on lower income persons and households. In addition, people with limited Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 24 income with disabilities and other special needs,or who are elderly, in larger families, people with poor credit/rent history or with criminal histories,and those lacking citizenship documentation are particularly vulnerable. Having multiple applicants for vacant units creates a situation in which landlords and sellers can be highly selective,with the effect of reducing housing choice, particularly for the most vulnerable. Recommendations • Continue to support land use, zoning and other policies that provide adequate housing choice to fit the needs of the population, including those with special needs and limited incomes. • Encourage the development of new housing to meet the projected need for elderly housing and the inclusion of an adequate supply of units accessible to the disabled. • Advocate for the retention of critical State social services programs operated by the County that provide services and support for persons with severe disabilities. • Advocate for additional housing funding resources at the state level such as the State Housing Trust Fund.Aggressively pursue funding sources to create new housing in the Tri-Cities. • Utilize the local "2060" housing assistance resources for housing which reflects these needs. Tri-Cities Analysis of Impediments to Fair Housing 2010-2015—Page 25 APPENDIX Organizations Consulted • Banner Bank, Kennewick • Aging and Long Term Care,Area Agency on Aging • Columbia Legal Services • Consumer Credit Counseling • Kennewick Housing Authority • Windermere Group One, Richland • Northwest Justice Project • Pasco/Franklin County Housing Authority • Lourdes Counseling Center • Benton Franklin Community Action Committee • Pasco Planning Department • Richland Planning Department • Washington State Human Rights Commission • Seattle Regional and Spokane Field Offices • Northwest Fair Housing Alliance • Benton Franklin Rental Owners Association • Benton and Franklin Counties Department of Human Services • Tri-Cities Hispanic Chamber of Commerce Note that the Consolidated Plan was recently completed for the Tri-Cities.Development of the plan including extensive outreach in the community, including discussion of housing availability, vulnerable populations, barriers to affordable housing, and impediments to fair housing. Tri-Cities Analysis of Impediments to Fair Hotising 2010-2015—Page 26 Reference 2 - Resolution Approving the Analysis of Impediments to Fair Housing 2010-2015 RESOLUTION NO. A RESOLUTION APPROVING THE TRi-CITIES ANALYSIS OF IMPEDIMENTS TO FAIR HOUSrNG 2010-2015 AS A SUPPLEMENT TO THE CONSOLIDATED PLAN. WHEREAS, the Cities of Pasco, Richland and Kennewick have contracted with John Epler & Associates, a HUD Consultant, to prepare an update to the Analysis of Impediments to Fair Housing; and WHEREAS, the Consultant analyzed community needs and barriers to fair housing in the Tri-Cities; and WHEREAS, the HOME Consortium, City staff, and City Council have reviewed the Analysis of Impediments to pair Housing and received a briefing regarding input and results of this effort; NOW THEREFORE; BE IT RESOLVED BY THE CITY COUNCIL OF PASCO: That the Tri-Cities Analysis of Impediments to Fair Housing 2010-2015 is adopted as a supplement to the Consolidated Plan. PASSED by the City Council of the City of Pasco this day of , 2011, CITY OF PASCO: Matt 1Natkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Ken- CMC City Clerk City Attorney AGENDA REPORT FOR: City Council April 5, 2011 TO: Gary Crutchfie Manager Workshop Mtg.: 4/1]./11 FROM: Rick Wliite, 4 Community & Economic Development Director SUBJECT: Quasi Judicial Hearing Procedures I. REFERENCE(S): I. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/11: DISCUSSION: 1111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Previous Council discussion indicates that use of the video recordings of the Planning Commission hearing would augment Council's understanding of die "record." It has also been suggested that Planning Commissioners and City Council meirbers be permitted to view the site of an application (rezone, subdivision or special permit). B. At past Council workshops, there was consensus to provide for a photographic exhibit of the site of an application for inclusion in the record. Council also discussed the merits of staff providing a city controlled video recording of a hearing only upon appeal of a land use decision, and of providing the ability for Council to view any of the Planning Commission hearings as broadcast on the City's cable channel. V. DISCUSSION: A. A photographic exhibit of the site and surroundings will insure that decision makers are gettitig the same information about a site and avoid the probability of "ex parte" communications. B. In order to provide a complete record for the conduct of closed record appeals, the proposed ordinance specifies that Council members will be provided an unedited video recording of the hearing in addition to the transcript. C. The proposed ordinance also allows Council members to view broadcasts of hearings at will, as long as any item coming before Council in a closed record appeal has been reviewed in its entirety by transcript and/or video recording. 4(h) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 4.02.030 "Definitions" and Section 4.02.100 "Permit Procedures" Permitting Video Record of Proceedings WHEREAS, as a service to the public, the City has initiated the unedited video recording and broadcast of City meetings, including meetings of the City of Pasco Planning Commission and the City of Pasco Code Enforcement Board; and WHEREAS, the video recordings of these proceedings are broadcasted to the public and retained as an accurate public record of the proceedings; and WHEREAS, the City Council, from time to time, sits in a quasi-judicial capacity of hearing closed record appeals of hearings held before both the City of Pasco> Planning Commission and the City of Pasco Code Enforcement Board; and WHEREAS, the City Council recognizes that such technology provides an accurate and more engaging method of preserving the record, including the ability to view and judge the demeanor of the witnesses, thereby providing the Council a better opportunity to accurately perceive the proceedings; and WHEREAS, the use of a record, supplemented by video recording of the proceedings benefits the citizens who have matters pending in such proceedings by providing a better record, and therefore, contributing to a better result; and WHEREAS, Arith the introduction of the video record as a part of the official record of proceedings, negates the video record from constituting an ex parte communication, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 4.02.030 entitled "Definitions" of the Pasco Municipal Code, shall he and hereby is amended and shall read as follow: 4.02.030 DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this Title. (1) "Closed record appeal" means an administrative appeal on the record following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. (2) "Director" means the Director of Community and Economic Development unless another department or agency is in charge of the project permit in which case it refers to the chief administrative officer of that depaltrient or agency. Ordinance Amending Sections 4.02.030 and 4.02.100 Page 1 (3) "Open record hearing" means a hearing, conducted by a single hearing body or officer that creates the record through testimony and submission of evidence and information. An open record hearing may be held prior to a decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open appeal hearing," if no open record predecision has been held on the project permit. (4) "Project permit" or "project permit application" means any land use or environmental permit or license required from the City for a project action, including but not limited to subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption of amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. (5) "Public meeting" means an infonnal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to a decision. A public meeting may include,but is not limited to, a design review of architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation maybe included in the local government's project permit application file. (6) "Record" means the memorialization of testimony, evidence and other communication submitted or created during a hearing and obtained through unedited audio, video or other lawful means of recordation. (Ord. 3151 Sec. 1, 1996). Section 2. That Section 4,02.100 entitled "Permit Procedures" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 4.02.100 PERMIT PROCEDURES_ (1) All project permits and project permit applications, except zone changes, plats, street vacations, and other legislative decisions, shall be processed and reviewed in the following manner, upon receipt of a completed application: (a) For an application requiring legislative action or which is illegal, the application shall be denied or processed in accord with subsection (2). (b) For applications which involve more than one permit, the City will prepare a temporary schedule for review by all interested agencies, departments, and the applicant. The schedule will be prepared during the application completion determination in accord with Section 4.02.060. Ordinance Amending Sections 4,02.030 and 4,02.100 Page 2 (c) Depending upon the scope of the project, the City will schedule necessary public meetings to coordinate the permit process and gather infotmiation following appropriate notification as provided in 4.02.090. (d) Unless otherwise required, no open record hearing will be held unless there is a bona fide objection to some portion of the permit or from some determination made during the course of the permit processing. When required, only one open record hearing will he held. The open record hearing will be before the officer or body having jurisdiction over the matter in dispute or over the matter requiring the open record hearing. If the matter disputed or for which an open record hearing is required falls within the jurisdiction of more than one department or agency, a joint hearing will he held if practical. (e) A decision or joint decision if possible, shall be issued and notice given thereof, including the time for appeal and the person or body to whom the appeal must be made. Unless another time is provided, an appeal must be filed within ten days of the decision. The longest appeal period following a joint hearing controls if there are multiple appeal periods, (f) The body or bodies with appellant jurisdiction shall hold a joint closed record appeal. An open record appeal may be held for matters for which no open record hearing has previously been held. The decision of the person or bodies hearing the appeal may be joint or separate. Every effort shall be made in the event of separate decisions to ensure that they are issued simultaneously. Any review of the decision or decisions must be made to the superior court within 21 days. (g) In the event that no appellant body is designated for a matter, the matter shall be heard by the Hearing Examiner. (2) In a closed record appeal before the Pasco City Council: (a) The record shall include an unedited video record of the proceeding, (b) Each City Council member shall have reviewed the entire record by transcript and/or video record. (c) No City Council member shall be disqualified on the basis of appearance of fairness from partici-rtating in the proceeding due to having reviewed a City broadcast of the proceeding so long as that Council member has complied with the requirements of subsection (b) above. (23) If the decision on an application must be made by the Pasco City Council, the application will normally be denied until legislative approval has been obtained. Except for comprehensive plan amendments which may never be processed other than as part of the annual review, an applicant may request combined processing in accord with subsection (1) of this section. Ordinance Amending Sections 4.02.030 and 4.02.100 Page 3 (44) The actual costs of any hearing or appeal not otherwise required will be borne by the person requesting the review or objecting to a decision. Security for the costs must be posted prior to the setting or notice of hearing or appeal. The failure to post security is a waiver of any objection. Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of ) 2011. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Mending Sections 4.02.030 and 4,02,100 Page 4