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HomeMy WebLinkAbout2011.07.25 Council Workshop Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. July 25, 2011 1. CALL TO ORDER 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS (a) Interlocal Annexation Agreement: 1. Agenda Report from Clary Crutchfield, City Manager dated July 21, 2011, 2. Map, Pasco UGA with City Boundary. 3. Mats, Current Annexation Opportunities. 4. RCW 35A.I4.480. 5. Letter from Franklin County Fire District No. 3,dated July 20, 2011. MOTION: 1 move to authorize initiation of the lnterlocal Amir—xation Agro=."l ptocess provided In,ILC.W 35A_14.480. 4. ADJOURNMENT AGENDA REPORT TO: City Council ; July 21, 2011 FROM: Gary C.rutchft Manager Special Mtg.: 7/25/11 SUBJECT: Interlocal Anne atio Agreement 1. REFERENCE(S): 1. Map, Pasco UGA with City Boundary 2. Map, Current Annexation Opportunities 3. RCW 35A.14.480 4. Letter from Franklin County Fire District No. 3, dated. July 20, 2011 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7125: MOTION: I move to authorize initiation of the Interlocal Annexation Agreement process provided by RCW 35A.14.480. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Pasco Urban Growth Area (UGA), as fixed by action of the Franklin County Commission in the 1990s, includes all land south of Powerline Road, representing about 30 square miles. All but about two square miles have been incorporated by the city over the past 20 years (see Reference 1). B) Annexation has been facilitated largely by the use of "Annexation Agreements," signed by property owners at the time of connection to the city's water system (or purchasers at the time of purchasing homes connected to the city water system) in the unincorporated area. Once 60% of the assessed value of a given area is represented by annexation agreements, annexation can occur via passage of an ordinance by the City Council incorporating the affected area. At present, there are two portions oftlie unincorporated "donut hole" that could be annexed.; having at least 60% of their respective value committed via annexation agreements (see Reference 2). C) State law was amended two years ago to provide a mechanism by which areas like the Pasco donut hole can be more readily annexed by the city surrounding the donut hole, but only in a fashion which fosters an agreement between the annexing city and the affected fire district and county (see Reference 3). Use of such a process (tri-lateral agreement) offers the opportunity to better plan for annexation through mutual agreement by the involved agencies, rather than use the old system of"reaction" to the effects, after the fact. It also would eliminate the need to require property owners to sign agreements or petitions regarding annexation. D) The rationale for annexation of the donut hole principally relates to efficiency and malting best use of local tax resources. At present, the city travels through the donut hole daily to provide services to the balance of the city; Franklin County and Fire District No. 3 do likewise when providing services to the balance of the unincorporated areas, Another factor is that state-shared revenues for cities are allocated on population at a higher rate than are counties; thus, the Pasco community will receive an estimated $100,000 annually more from the state than received presently by the county for the same population. 3(a) V. DISCUSSION: A) City staff have shared with Franklin County Fire District #3 the observation that certain parts of the donut hole could be annexed this year, and suggested the city and District entertain use of the new local agreement procedure. Preliminary discussions with District representatives indicate there may be room to reach mutual agreement on an annexation plan, to include mitigation of potential impacts; the results would be a path of timely annexation certainty for the city and of reliable mitigation for the District, in essence a potential "win-win." Staff have had no discussion with Franklin County as of yet, as the District has historically been the most affected by annexation. 8) The new statute requires the agreement process to commence formally by the city giving written notice to the District and the county of its desire to seek a mutual agreement and providing 45 days for a response. Given the potential positive outcome, staff would expect detailed discussions to ensue over the next 45-60 days, providing a more-clear picture of the probability associated with this procedure. If an agreement is not forthcoming, an annexation of the two immediate areas (Reference 2) could proceed without agreement of the District or county. If an agreement is expected by year end, staff would recommend its pursuit. To start the process, staff recommends City Council authorize initiation of the 45-day notification process. ,�'' a _ _ - - �^ tllllf■111/11�.!wlllll - -- tt . r■IA vqunamul�.-`InutfJ. �";'4r— �'���t{lam1{ ',�_w ���s��r■■=�=��trlli•.•� ctt . i }14 ���` �.�■i=;.111 nf: _ � ..u,r;+r,_C�■ iii } �iula'flu_� xal �� wnuelt / f C'3"TX OF PAS C Q _Irll11 ' n1u n � ' ` �l Rain I����:►i��Gll lllilD!�II��N��i���ll n.ai NE VIZ.�.i i*'426:5 .. \ •f. ', ��►` ��� - �°I—� ii.;IMr� ,. • ;� ..., " _ _rte_ 1' �f �'.L 7`.ry>j_��� Hrl ��TjAl►.Iltll`M �. `�`•.: �, � 1, �1�*i�Y .- ���, rn■ n� i i.. i f 1,-• \. +... �� .:,II. tl \•n+p f • I ` 1'��, rrr��� IIl1 ■111=�1- .. 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(1)(a) An annexation by a code city proposing to annex territory served by one or more fire protection districts may be accomplished by ordinance after entering into an interlocal agreement as provided in chapter 39.34 RCW with the county and the fire protection district or districts that have jurisdiction over the territory proposed for annexation, (b) A code city proposing to annex territory shall initiate the interlocal agreement process by sending notice to the fire protection district representative and county representative stating the code city's interest to enter into an interlocal agreement negotiation process.The parties have forty-five days to respond in the affirmative or negative.A negative response must state the reasons the parties do not wish to participate in an interlocal agreement negotiation.A failure to respond within the forty- five day period is deemed an affirmative response and the interlocal agreement negotiation process may proceed.The interlocal agreement process may not proceed if any negative responses are received within the forty-five day period. (c)The interlocal agreement must describe the boundaries of the territory proposed for annexation and must be consistent with the boundaries identified in an ordinance describing the boundaries of the territory proposed for annexation and setting a date for a public hearing on the ordinance. If the boundaries of the territory proposed for annexation are agreed to by all parties, a notice of intention must be filed with the boundary review board created under RCW 36.93.030. However,the jurisdiction of the board may not be invoked as described in RCW 36.93.100 for annexations that are the subject of such agreement. (2)An interlocal annexation agreement under this section must include the following; (a) A statement of the goals of the agreement. Goals must include, but are not limited to: (1) The transfer of revenues and assets between the fire protection district and the code city; (ii)A consideration and discussion of the impact to the level of service of annexation on the unincorporated area, and an agreement that the impact on the ability of fire protection and emergency medical services within the incorporated area must not be negatively impacted at least through the budget cycle in which the annexation occurs; (iii)A discussion with fire protection districts regarding the division of assets and its impact to citizens inside and outside the newly annexed area; (iv) Community involvement, including an agreed upon schedule of public meetings in the area or areas proposed for annexation; (v)Revenue sharing, if any; (vi) Debt distribution; (vii) Capital facilities obligations of the code city,county,and fire protection districts; (viii)An overall schedule or plan on the timing of any annexations covered under this agreement; and (ix) A description of which of the annexing code cities'development regulations will apply and be enforced in the area. (b) The subject areas and policies and procedures the parties agree to undertake in annexations. Subject areas may include, but are not limited to: (i) Roads and traffic impact mitigation; (ii) Surface and storm water management; (iii) Coordination and timing of comprehensive plan and development regulation updates; (iv) Outstanding bonds and special or improvement district assessments; (v)Annexation procedures, (vi) Distribution of debt and revenue sharing for annexation proposals, code enforcement, and inspection services; (vii) Financial and administrative services; and (viii) Consultation with other service providers; including water-sewer districts, if applicable. (c)A term of at least five years, which may be extended by mutual agreement of the code city, the county,and the fire http://apps.leg,wa.gov/rew/default,aspx?cite=35A.14.480 6!1312011 FRANKLIN LINTY July 20, 2011 R D I T R1 C Gary Crutchfield City Manager PRE-VENT FMS City of Pasco IT'S Y, OUR JOB! 525 N Third Ave. Pasco, WA 99301 Mr. Crutchfield, RCW 35.13.238 allows for annexation by resolution of the city council after inter local agreements are signed by the Fire District, the County Commissioners and the city. The Commissioners of Franklin County Fire District#3 feel it is in the best interest of the district and those we serve to explore this process and therefore are intcrested in pursuing this inter local agreement. The district understands that it will be participating in public meetings to consider and address the concerns of affected residents. The District understands that at some point the whole Riverview area will become a part of the city due to the fact that this is the normal progression and a function of the Urban.Growth Plan. If done in bits and pieces with no ability to negotiate compensation the district will suffer from loss of Assessed Valuation. A negotiated Inter Local Agreement between FCFD#3 and the city will allow the district to plan and prepare for changes to the district's service area needs. There are efficiencies to be gained through a planned and negotiated process of annexation rather than done piecemeal. Many of the opportunities within the RCW will be lost if the city uses the traditional metbod_ This RCW will provide an opportunity to, among other benefits, do better quality long term strategic planning and clear up confusing boundary lines in relation to dispatch and response of resources to emergencies. Sincerely, Todd Blackman Chairman of the Board of Commissioners L'es Lit:, ger Fire Chief 2108 N. Road 84, Pasco, WA 99301 509-547-9306 —fax: 509-547-2535 — email: fcfd3 @charter.net AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 25, 2011 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) County-Wide Public Safety Sales Tax: 1. Agenda Report from Gary Crutchfield,City Manager dated July 20, 2011. 2. Pasco City Council Agenda Report dated June 10, 2009. 3. Joint Resolution of Pasco and Franklin County (Pasco Resolution No. 3170). (b) Municipal Code Amendments on Gross Misdemeanors: 1. Agenda Report from Stan Strebel,Deputy City Manager dated July 19, 2011_ 2. Draft Ordinance. (c) Municipal Code Amendments for Vehicle Impounds: 1. Agenda Report from Stan Strebel, Deputy City Manager dated July 19, 2011. 2. Draft Ordinance. (d) Refunding 2001 Limited Tax General Obligation Bonds: 1. Agenda Report from Stan Strebel, Deputy City Manager dated July 19, 2011. 2. Savings Summary from Piper Jaffray dated June 23,2011. (e) Community Survey: 1. Agenda Report from Gary Crutchfield, City Manager dated July 19,2011. (f) Code Enforcement Board Authority: 1, Agenda Report from Stan Strebel, Deputy City Manager dated July 20, 2011. 2. Draft Ordinance. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 4:00 p.m.,Monday, July 25, Ben-Franklin Transit Office— Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) 2. 7:30 a.m., Thursday, July 28, 7130 W. Grandridge Blvd — Tri-Cities Visitor & Convention Bureau Board Meeting. (COUNCILMENIBER MIKE GARRISON,Rep,; TOM LARSEN, Alt.) 3. 12:00 p.m., Thursday, July 28, 1404 E. Ainsworth— Port of Pasco's 15th Annual Tenant Appreciation BBQ. (ALL COUNCILMEMBERS INVITED TO ATTEND) 4. 4:00 p.m., Thursday, July 28, 7130 W. Grandridge Blvd — TRIDEC Board Meeting, (COLENCII,M.F,MBER N41KE GARRISON,Rep.; TOM LARSEN, Alt.) 5. 5:30 p.m., Thursday, July 28, 710 W. Court Street—Benton-Franklin Community Action Committee Meeting. (COUNCILMEMBER AL YENNEY,Rep.; REBECCA FRANCIK,Alt.) 6. 7:30 a.m., Friday, July 29, Riclrland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.) AGENDA REPORT TO: City Counci July 20, 2011 FROM: Gary Crutch t1 i Manager Workshop Mtg.: 7/25/11 SUBJECT: County-Wide ublic Safety Sales Tax 1. REFERENCE(S): 1. Pasco City Council Agenda Report dated June 10, 2009 2. Joint Resolution of Pasco and Franklin County (Pasco Resolution No. 3170) 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/25: Discussion III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) Over the past several years, Franklin County has noted the growing; need to add jail space and renovate the existing jail, The only two plausible financing options for such a project are: 1) excess property tax levy (voter approved); 2) public safety sales tax (up to 3 tenths) authorized by state law and subject to voter approval. The city and county agreed in 2009 to jointly finance a public safety building project near the Courthouse, to include a new jail and new municipal court room space, subject to voter approval of the sales tax option in November 2009 (please refer to reference 41, the June 2009 agenda report which explains the project concept, financing options and the preferred course of action at that time). B) The County has recently been reviewing its options as to a revised jail project and has indicated it may place the public safety sales tax question on the November 2011 ballot for voter decision. V. DISCUSSION: A) Council should discuss the background of the public safety sales tax issue, the potential use of funds and advise Franklin County if there is any change in the city's previous support and/or potential use of the proceeds of the sales tax, if approved by the voters, 4(a) AGENDA REPORT TO: City Council June 101 2009 FROM: Gary Crutchfield, City Manager Regular Mtg,: 6/15/09 SUBJECT: Franklin County .fail Expansion I. REFERENCE(S); 1. Conceptual Illustration of new Jail Building 2. Conceptual "Ground Level"/Jail Footprint 3. Conceptual "Upper Level" Footprint 4. Conceptual Floor Plan for Municipal Court Space 5. Pre-Design Construction Estimate 6, Criminal Justice Sales Tax Estimate (2008) T Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 6/15: MOTION: I move to approve Resolution No. , a joint resolution with Franklin County, regarding construction of new jail and municipal court space and the financing thereof. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The 25-year-old Franklin County jail requires renovation and is inadequate in size to meet current or future jail space needs. Renovation cost is estimated at $445 million and construction of an additional 225 beds in an expansion of the jail is estimated to cost about $28 million, The renovation and expansion, combined, are expected to accommodate jail space needs in Franklin County for another 25 years (minimum), B) Franklin County has two options for funding such a project, both subject to voter approval: a) traditional property tax bond; or b) criminal justice sales tax. If financed via property tax bond, the estimated debt service of $2 million annually would require an annual extra levy, of about 46 cents per thousand of assessed value; thus, the owner of a $200,000 home would pay an additional $92 per year in property tax while a business with $1.5 million in taxable real/personal property would pay nearly $700 per year additional property tax. The same debt service would require a sales tax increase of 3 110 of a cent county-wide, as the county's share (60%) would approximate $I.9 million. Given the greater flexibility associated with the sales tax option and the fact it will grow over time (thus allowing some future problems to be addressed without additional tax burdens), the county prefers use ofthe 3/10 criminal justice sales tax option and seeks the city's opinion/support. C) One of the city's priority needs is to make room for the overcrowded police department and to pay for a new municipal court facility. The space currently occupied by the municipal court at the county's public safety building was constructed in the early 1970's and paid by the city as a long-term lease; that 40-year lease terminates in 2012 and the city has no place to conduct court thereafter. The police department has simply outgrown its space at City Hall due to the dramatic expansion of its staff, in keeping up with the city's population growth. A space-needs analysis and conceptual floor plan completed last year has identified a need for a new building on the east end of the City Hall campus to house the police department (S1 1 million) and possibly a new municipal court ($3 million). D) Estimated debt service for a police station building combined with a new municipal court space approximates $1 million annually. If financed via property tax, an additional levy rate of about 37 cents per thousand dollars would be required; that represents an additional $74 per year for the owner of a $200,000 home. The city's additional property tax levy would be in addition to the county levy, if the county chooses to use property tax as a financing mechanism. The city's statutory share of the criminal justice sales tax (proportionate share of incorporated population applied to 40% of the total 3/10 sales tax annually)would approximate $1,2 million. V. DISCUSSION; A) Although the county is legally responsible to provide jail space for felony crimes within the county, the city is responsible for housing city misdemeanants. Clearly, the best option for the city is to contract with Franklin County to house misdemeanants at the county jail (doing so avoids construction of a separate jail at city expense as well as transport costs between a separate jail and municipal court); this method has the added advantage of helping the county provide for operating costs associated with the jail (essentially, the city pays a large share of the annual operating cost for the county jail, in the form of daily prisoner housing cost). In essence, the city and county both benefit from a mutual contracting arrangement. As the county has nearly tripled in population since the current jail was built, expansion is clearly needed no",v and for future growth as well. The question is not whether a jail expansion is necessary; the question is "how best to finance?" such a project. B) As evidenced during the discussion of this matter during the recent joint "city/county" meetings, the county's jail expansion project could include new floor space for Pasco's municipal court (just as the city and county collaborated in 1970, a new long-term agreement could be developed whereby the city would pay for new court space as part of the jail expansion project). Thus, the county's jail project not only would provide a long- term solution to the city and county jail space need, but would also answer the question "where does the city conduct municipal court?" A long-term agreement (at least in principle) could be developed prior to the financing solution. C) Assuming the city is committed to including new court space in the jail expansion project, the financing question appears easily answered. To finance both projects via property tax would require two separate ballot issues (one county-wide for the jail; one within the city for the municipal court space and possibly the new police station); the effect, assuming voter approval, would be a total of 93 cents per thousand additional property tax on city property owners (assumes jail, court and police station), or ` 186 per year for a $200,000 home. On the other hand, the county-wide sales tax option would require one ballot question, county-wide, and the result (assuming approval of the 3/10 sales tax) would provide adequate funding for the jail expansion, municipal court and the police station. In addition, the revenue stream associated with the criminal justice sales tax (unlike the property tax) would tend to grow over time, thus absorbing growth in operating costs over time and minimizing the need to seek increased property or sales tax rates in the future. D) Given the space needs of the city (new municipal court and police station), the simplicit} of the sales tax option (one, county-wide ballot), the ability of the criminal justice sales tax to fully support all three projects; the improved opportunity to collaborate with and mutually benefit the city and county criminal justice operations; and the reality that the criminal justice sales tax will grow over time, staff urges Council to prefer use of the county-wide criminal justice sales tax as the financing option for the jail expansion, municipal court space and new police station. That recommendation, however, is conditioned or. the assumption that a satisfactory "agreement in principle" can be established prior to formal action. To that end, staff further recommends a joint resolution (city and county) which would spell out those principles in fonnal accord and express mutual support for the criminal justice sales tax ballot, presumably in November this year. E) Following Council discussion at the May 11 workshop meeting, city and county staff developed a joint resolution which outlines the basic rationale for a joint project agreement and the principles to be included in that agreement. In addition, the resolution declares the intent of the County Commission, with support of the Pasco City Council, to place a ballot proposition before the voters on the ballot, proposing the three-tenths of one percent sales tax addition. F) Continuing discussion between city and county staff over the past two weeks has identified the following language for the principles regarding the term of city occupancy of the court facility to be fully paid by the City; City will have minimum of 40 year lease of the space; county will have periodic right to terminate after 40 years, with at least 3 years notice and payment of depreciated value based on 80 year life of building space and industry standards. If City Council concurs in the revised principles, the joint resolution can be approved by City Council at its June 15 meeting. JOINT RESOLUTION OF THE CITY OF PASCO AND FRANKLIN COUNTY PASCO RESOLUTION NO. }70 FRANKLIN COUNTY RESOLUTION NO. _*J 41 IN THE MATTER OF JOINTLY PLACING A BALLOT PROPOSITION BEFORE THE VOTERS OF THE COUNTY IN NOVEMBER 2009, PROPOSING AN ADDITIONAL THREE-TENTHS OF ONE PERCENT LOCAL SALES TAX and JOINTLY DEVELOPING AN AGREEMENT TO FACILITATE CONSTRUCTION AND OCCUPANCY SPACE FOR PASCO MUNICIPAL COURT AS PART OF THE NEW JAIL PROJECT PLANNED BY FRANKLIN COUNTY. WHEREAS, Franklin County is planning construction of a new 225-bed jail as well as renovation of the jail, as both are needed to provide the capacity for housing local offenders as the County continues to grow; and WHEREAS, the City contracts with Franklin County for housing of City misdemeanant offenders being adjudicated through Pasco Municipal Court, so having adequate jail space for pre-trial as well as post-trial confinement is critically important to the maintenance of public safety in the Pasco community; and WHEREAS, the City has operated its Municipal Court within space at the Franklin County Courthouse under the terms of a 40-year lease which will expire in 2012, thus, necessitating that the City find new space in which to conduct its Municipal Court functions; and WHEREAS, the Franklin County Board of Commissioners and the Pasco City Council, during recent joint meetings, discussed the probability of the City paying for new Municipal Court space in conjunction with the County's construction of a new jail; and WHEREAS, the Franklin County Commission and Pasco City Council, having duly considered the efficiencies to be gained for both parties, jointly find that the citizens and taxpayers of both jurisdictions will be greatly benefitted by the parties executing an agreement whereby the Pasco Municipal Court functions can be housed, long-term, at the Franklin County Courthouse,provided that the agreement is consistent with certain principles; and WHEREAS, the cost of such a facility requires the issuance of debt by the County, the repayment of which will require a voter-approved source of revenue; and WHEREAS, the County Commission and the Pasco City Council have considered the only two available options, an excess property tax levy or a three-tenths of one percent sales tax increase; and PASCO RESOLUTION NO. (7� FRANKLIN COUNTY RESOLUTION NO.—"' U I.I 9 4 1 WHEREAS, the County Commission and the Pasco City Council both find that the sales tax option is much preferred because it provides sufficient funding for construction of both the jail and court facilities but will also provide sufficient funds for operation of those and other criminal justice functions throughout the County as well as the City and avoids an increase in the existing property tax burden on owners of property throughout the County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO AND THE BOARD OF COMMISSIONERS OF FRANIKLIN COUNTY, WASUINGTON: Section 1. The Franklin County Commission and Pasco City Council hereby agree to develop a detailed agreement to facilitate construction and occupancy of sufficient space for Pasco Municipal Court as part of the new jail project planned by Franklin County_ Section 2. The Franklin County Commission and Pasco City Council hereby agree that any such agreement will be wholly consistent with the following"Principles of Agreement": • Total floor area to be occupied solely by the City will be determined mutually but not less than 10,000 square feet in area. • City will pay for all construction cost attributed directly to the space mutually agreed to house Municipal Court and its related functions. • City will pay proportional cost of construction of"common areas"of new building directly related to the space mutually agreed to house Municipal Court. • City payment for construction costs will occur on the same schedule as any debt repayment schedule incurred by County for construction debt. • City will have minimum of 40-year lease of the space; County will have periodic right to terminate after 40 years, with at least three years notice and paynwnt of depreciated value based on 80-year life of building space and industry standards. • City will pay proportional share of operating costs (utilities,janitorial, etc.) based on occupied space. • The prisoner housing contract will remain substantially in its current form and content. County will not include jail construction or renovation costs in calculating the daily fee for city use of the jail facilities. Section 3. The County Commission; as authorized under RCW 82.14,450 and with support of the Pasco City Council, will place a ballot proposition before the voters of the County during the 2009 General Election, proposing an addition of three-tenths of one percent to the local sales tax, principally for construction and operation of a County jail and other public safety purposes. PASCO RESOLUTION NO. 3110 FRANKLIN COUNTY RESOLUTION NO. '! PASCO CITY COUNCIL PASCO, WASHINGTON APPROVED this ['5-day of June, 2009. Joyce 1s06mayor ATTEST: APPROVED AS TO FORM: polo `-4 Debra Clark, City Clerk Leland B. Kerr, City Attomey BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON APPROVED this J5 day of June,2009. Rick Miller, Chairman /el�zo/F7� Robert E. Koch, Chair Pro-Tern Brad Peck, Member ATTEST; APPROVED AS TO FORM: SAO Clerk to Board Ryan,, Veerhulp Chief Civil Deputy Prosecutor AGENDA REPORT FOR: City Council July 19, 2011 TO: Gary Crutchfiel anager Workshop Mtg.: 7/25/11 Regular Mtg.: 8/1/11 FROM: Stan Strebel, D t City Manager SUBJECT: Municipal Code Amendments on Gross Misdemeanors I. REFERENCE(S): 1. Draft Ordinance H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 7/25: Discussion 8/I: MOTION: I move to adopt Ordinance No. , amending sections of the Pasco Municipal Code redefining the maximum incarceration for gross misdemeanors and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The 2011 State Legislature passed SSB 5168 which reduces the maximum period of incarceration, for a person convicted of a gross misdemeanor, from one year to 364 days. B) In order to be consistent with the new law, which is effective July 22, staff has identified all PMC references to gross misdemeanors which must be revised. The attached draft ordinance will amend the municipal code to Iimit any incarceration penalty for these offenses to a term not to exceed 364 days, as required by statute. V. DISCUSSION: A) Staff recommends adoption of the ordinance- 4(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Sections 1.01.130 "Violations - Penalty"; 1.08.040 "Fraudulent Registration of Unqualified Persons"; 5.27.270 "Penalty"; 5.45.200 "Penalty"; 5.46.060 "Violations and Penalties; 5.70.050 "Violation and Penalty"; 5.78.030 "Violations"; 9.01.090 "Gross Misdemeanor - Penalty"; 9.02.020 "Penalty"; 9.85.040 "Penalties"; and 26.04.120 "Enforcement" Redefining the Maximum Incarceration for Gross Misdemeanors WHEREAS, the Washington legislature by Substitute Senate Bill 5168, recognized that a maximum sentence by a Court in the State of Washington for gross misdemeanors can, under Federal law, result in the automatic deportation of a person who has lawfully immigrated to the United States, is a victim of domestic, violence, or a political refugee, even when all or a portion of the sentence or confinement is suspended; and WHEREAS, the legislature further has found that under the present definition of"gross misdemeanor", there is a disproportionate outcome, when compared to a person who has been convicted of certain felonies, which under the State's determinate sentencing law, must be sentenced to less than one (1) year. As a result, an inequity exists which may he cured by reducing the maximum sentence for gross misdemeanors by one (1) day; and WHEREAS, such legislation has amended RCW 3.50.440 by which the Municipal Courts are empowered to provide punishment for gross misdemeanor violations including imprisonment for a maximum of 364 days, and requires amendment of the City's code to be consistent with this change in the law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY Of PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 1.01.130 entitled "Violations -- Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 1,01,130 VIOLATIONS - - PENALTY. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Any person violating any of the provisions or failing to comply with any of the mandator), requirements of this code, except for traffic infractions under the Washington Model Traffic Ordinance as adopted by the City of Pasco and for such violations specifically noted in this code as a "civil infraction", shall upon conviction of a gross misdemeanor, be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for a period of not more than three hundred and sixty-four (364) days, or by both such fine and imprisonment or upon conviction of a misdemeanor, be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment for a period of not more than ninety (90) days, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalties herein above provided, any condition caused or permitted to exist in violation of the provisions of this code shall be deemed a public nuisance and may be, by this City, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. (Ord. 3481 Sec. 1, 2001; Ord. 2743 Sec. 1, 1989; Ord. 2593 Sec, 1, 4-7-86; Ord. 2549 Sec. 6, 1985; Ord. 2391 Sec. 1, 1982; Ord. 1438 Sec. 13, 1970.) Section 2. That Section 1.08.040 entitled "Fraudulent Registration of Unqualified Persons" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 1.08.040 FRAUDULENT REGISTRATION OF UNQUALIFIED PERSONS. Every deputy registrar who fraudulently registers an unqualified person is guilty of a gross misdemeanor-arid upon---coiivietion kher hall-tbe�db�e e% ;;dig 01fee h09&e de1I. �y-J it ffipf . (Prior code Sec. 1-2.16) Section 3. That Section 5.27.270 entitled "Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.27.270 PENALTIES. A) Any violation of this chapter shall be a gross misdemeanor, and shall be subject to a fine not to exceed Five Thousand Dollars ($5,000), or to imprisonment for a term not to exceed one (1) year three hundred and sixty-four (36) days, or both such fine and imprisonment. Each day or portion thereof such violation continues or occurs shall be considered an additional and separate offense. B) Any person violating any of the provisions of this chapter shall also be subject to license suspension or revocation as set forth herein, (Ord. 3262 Sec. 3, 1997.) Section 4. That Section 5.45.200 entitled "Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows; 5.45.200 PENALTY. Any Operator, Driver, or passenger violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not more than one (1) year three hundred and sixty-four (364) days, or by both such fine and imprisonment. (Ord. 3335 Sec, 2, 1998.) Section 5. That Section 5.46.060 entitled "Violations and Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.46.060 VIOLATIONS AND PENALTIES. Every person, whether acting as an individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, employee or operator, or acting as a participant or worker in any way directly or indirectly, who acts in violation of any of the provisions of this chapter shall be guilty of a gross misdemeanor and upon conviction, such Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors -2 person shall be punished by a fine not to exceed $5,000 or by imprisonment for a period not to exceed ene yea three hundred and sixty-four (364) days, or by both such fine and imprisonment. (Ord, 2841 Sec. 1, 1991.) Section 6. That Section 5.70.050 entitled "Violation and Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5.70.050 VIOLATION AND PENALTY. Every person, except those persons who are specifically exempted by this chapter, whether acting as in individual owner, employee of the owner, operator or employee of the operator, or whether acting as a mere agent or independent contractor for the owner, or acting as a participant or worker in any way directly or indirectly who gives massages or operates a massage business, or any of the services defined in this chapter, without first obtaining a license or permit and paying a fee to do so as required by this chapter, or violates any provisions of this chapter, shall be guilty of a gross misdemeanor and upon conviction, such person shall be punished by a fine not to exceed $5,000 or imprisonment for a period not to exceed one-year- three hundred and sixty-four (364) days, or by both such tine and imprisonment. (Ord. 2840 Sec. 1, 1991.) Section 7. That Section 5.78.030 entitled "Violations" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 5,78.030 VIOLATIONS. A) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, shall upon a finding that the act or omission had been committed, be punished by a fine of not more than $500 dollars and shall be guilty of a code infraction. Each such person is guilty of separate code infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or pennitted by such person and shall be punished as aforestated. B) Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, shall, in addition to the penalties provided in subsection (A) above, be guilty of a gross misdemeanor arid. _ nortt f ►e d o a ��, �ffld eni-e st-k t°° r• r for each and every day during any portion of which any violation of this subsection shall be committed. C) In addition to the penalties provided above, any violation of this chapter may result in the revocation of the business licenses provided in this title. Any violation of this chapter including the determination by the City after an inspection of the dwelling unit, that a condition exists which substantially endangers or impairs the health or safety of a tenant may, in addition to the penalties provided above, result in the issuance of a notice of civil violation by subject to the penalties as imposed under the provisions of this code. (Ord. 3231 Sec, 2, 1997.) Ordinance Rudefiningthe Maximum Incarceration for Gross Misdemeanors-3 Section 8. That Section 9.01.090 entitled "Gross Misdemeanor - - Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.01.090 GROSS MISDEMEANOR - - PENALTY. Every person convicted of a gross misdemeanor defined in this code shall be punished by imprisonment in the county jail for a maximum term fixed by the court, of not more than one yea three hundred and sixty-four 364 days, or by a fine in an amount fixed by the court, of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. (Ord. 3482 Sec, 1, 2001.) Section 9. That Section 9.02.020 entitled "Penalty" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.02.020 PENALTY. The penalty for willful failure to appear shall be a fine of not more than Five Thousand Dollars ($5,000,00) or imprisonment for not more than erne ve tlu-ee hundred sixty-four (364) days, or both. The penalty imposed under this Section shall not exceed the maximum penalty for the original crime charged or, if there has been no charge, the offense for which the person was arrested. (Ord. 2592 Sec. 1, 3-7-86.) Section 10. That Section 9.85.040 entitled "Penalties" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (1) Fines and Imprisonment, Any person violating this Ordinance shall be guilty of a gross misdemeanor and punished by a fine of$250 dam- for the first offense; $500 dollars for the second offense; and $1,000 dear for each subsequent offense, or by imprisonment in the city jail lisr-a tvtm nm-to efteeed-si myt d ef by be!h .ia ne. and i m. it die ti n of the-eeurt. (2) Restitution. In addition to any punishment specified in this section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. (3) Community Service. In lieu of, or as part of, the penalties specified in paragraph one of this section, a minor or adult may be required to perform community service as described by the court based on the following minimum requirements: (a) The offender shall perform at least 50 hours of community service, (b) The entire period of community service shall be performed under the supervision of a community service provider approved by the Courts, (c) Reasonable efforts shall be made to assign the offender to a type of community service that is reasonably expected to have the most rehabilitative effect on the offender, including community service that involves graffiti removal. (Ord. 3370 Sec. 2, 1999.) Ordinance Redefining the Maximum Incarceration for Gross Misdemeanors-4 Section 11. That Section 26.04,120 entitled "Enforcement" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 26,04.120 ENFORCEMENT. Any person violating the provisions of this title is guilty of a gross misdemeanor and shall be subject to a fine of not less than or undfed-�+00) dellafs $100 or more than { $300 or to imprisonment not exceeding ninety(90) three hundred and sixty-four (364) days or both. The City Attorney shall commence an action to enjoin further violations or attempted violations and to compel compliance with this title. (Ord. 3398 Sec, 2, 1999.) Section 12. 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: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Redefining the Maximum Incarceration for Gross Misdemeattors- 5 AGENDA REPORT FOR: City Council duly 19, 2011 T(7: Gary Crutchfield, anager Workshop Mtg.: 7/25111 Regular Mtg.: 8/l/11 FROM: Stan Strebel, De i Manager SUBJECT, 'Municipal Code Amendments for Vehicle Impounds I, REFERENCE(S): 1. Draft Ordinance II, ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 7/25: Discussion 8/I: MOTION: I move to adopt Ordinance No. , amending Title 10 of the Pasco Municipal Code regarding impoundment of vehicles and, further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The 2011 State Legislature passed legislation known as "Hailey's Law" which requires the mandatory impound of vehicles of those who are arrested for driving under the influence of alcohol and for having physical control of a vehicle while under the influence of alcohol or drugs. B) Staff has prepared the attached draft Ordinance which amends PMC 10.18.010 to be consistent with the new law and creates a new Section I0.18.015 on "Mandatory Impound"requirements. V. DISCUSSION: A) Staff recommends adoption of the ordinance. 4(C) ORDINANCE NO, AN ORDINANCE of the City of Pasco, Washington, amending Section 10.18.010 "Authority to Impound Vehicles"; and creating a new Section 10.18.015 "Mandatory Impound" providing for mandatory impound upon arrest for driving while under the influence (RCW 46.61.502) and physical control of a vehicle under the influence (RCW 46.61.504) WHEREAS, the Washington State legislature has by the adoption of "Hailey's Law" required the mandatory impound of vehicles to those who are arrested for driving under the influence of alcohol (RCW 46.61.502), and having physical control of a vehicle while under the influence of alcohol or drugs (RCW 46.61.504); and WHEREAS, it is necessary to bring the Pasco Municipal Code in compliance with these changes in the State law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 10.18.010 entitled "Authority to Impound Vehicles" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 10.18.010 AUTHORITY TO IMPOUND VEHICLES. (A) Grant of authority. City law enforcement officers are hereby authorized. and empowered to remove, tow and impound a vehicle from a public street, highway or right-of way to a designated vehicle impound facility including the business location of a registered tow truck operator under the circumstances hereinafter enumerated. (1) Whenever a driver of a vehicle is arrested in violation of l4' €r1 5 influenee) RCW 46.20.342 (Driving While License Invalidated); or RCW 46.20.345 (Operation Under Other License or Permit While License Suspended or Revoked) such vehicle is subject to summary impoundment pursuant to the terms of this Chapter at the direction of a law enforcement officer. (2) In addition, a law enforcement officer may take custody of a vehicle, at his or her discretion after consideration of reasonable alternatives, and provide for its prompt removal to a place of safety or designated vehicle impound facility under any of the following circumstances: (a) Whenever a law enforcement officer finds a vehicle standing upon the roadway in violation. of any of the provisions of RCW 46.61.570 (Stopping, Standing, or Parking Prohibited in Specified Places), the officer may provide for the removal of the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the roadway; (b) Whenever a law enforcement officer finds a vehicle unattended upon a public street, highway or right-of-way where the vehicle constitutes an obstruction to traffic or jeopardizes public safety; (c) Whenever a law enforcement officer finds an unattended vehicle at the scene of an accident or when the driver of a vehicle involved in an accident is physically or mentally incapable of deciding upon steps to be taken to protect his or her property; (d) Whenever the driver of a vehicle is arrested and taken into custody by a law enforcement.officer; (e) Whenever a law enforcement officer discovers a vehicle that the officer determines to be a stolen vehicle; (f) Whenever a vehicle without a special license plate, plaque, or decal indicating that the vehicle is being used to transfer a person with disabilities under RCW 46.16.381 is parked in a stall or space clearly and conspicuously marked under RCW' 46.61.581 which space is provided on private property without charge or on the public property; (g) Upon determining that a person is operating a motor vehicle without a valid a_n_d;if reuired,_sp.�ciall en�,darsed driver's license in violation of RCW 46.20.005, or with a license that has been expired for ninety (90) days or more; (h) Whenever a vehicle is illegally occupying a restricted parking zone including, but not limited to, truck or commercial loading zone, bus or taxi loading zone, posted street construction or maintenance, or other similar zone, where, by order of the Director of Public Works, Chief'of Police or Fire Chief, of or their designees, parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at all times, if the zone has been established with signage restricting parking for at least twenty-four (24) hours giving notice to the public that a vehicle will be removed if illegally parked in the zone, and where the vehicle is interfering with the proper and intended use of the zone, Signage must wive notice to the public that a vehicle Vvih be removed if illea. II narked in that zone. (i) Whenever the driver of a vehicle is arrested for violation of RCW 46.61.503 (Driver Under Twenty-One Consuming Alcohol); (i) When a vehicle with an expired registration of more than fortv-five (45) days is parked on a public street. Ordinance Amending Section 10.18.010 and Creating Section 10.18,015 -2 Nothing in this section may derogate from the powers of a law enforcement officer under the Revised Code of Washington, including but not limited to RCW 46.55.0805 RCW 46.55.085, RCW 46.55.113 or RCW 9A.88,140, any, other section of the Pasco Municipal Code, or the common law. (3) When an arrest is made for violation of RCW 46.20.342 (DWLS), if the vehicle is a commercial vehicle or farm trans orb t vehicle and the driver of the vehicle is not the owner of the vehicle, before summary impoundment directed under subsection (1) of this section, the law enforcement officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120 (1)(a)(ii). Farm transport vehicle means a motor vehicle owned by a farmer and that is being, actively used in the transportation of the farmer's or another farmer's farm, orchard, aquatic farm. or dairy products, including livestock and plant or animal wastes, from point of production to market or disposal, or supplies or commodities to be used on the farm orchard aquatic farm or dairy, and that has a gross vehicle weight rating of 7,258 kilojZrams (16.001 pounds) or more. (B) Notice to Owner of Liability for Costs and Fees. When any vehicle is removed, towed or impounded pursuant to this chapter the owner of the vehicle shall pay the towing and storage costs against the said vehicle, as well as any costs and fees assessed pursuant to this chapter, before said vehicle is released. Notice of impound required by RCW 46.55.1 10 shall be given by the tow truck operator, (C) Tow Truck Operator, The City shall appoint by competitive bid, contract, rotational call agreement, or any combination of these methods, one or more properly licensed tow truck operator registered with the State of Washington to provide such services. The Police Department shall arrange for towing and storage of the impounded vehicle through a properly licensed tow truck operator registered with the State of Washington and contracted with the City of Pasco. It is required that the tow truck operators who contract with the City have a City business license. A copy of the Touring Contractors current towing and storage rates shall be on file with the Chief of Police and the Administrator of Pasco Municipal Court. An appointment may be rescinded by the City upon evidence that the appointed tow truck operator is not complying with the laws or rules relating to removal and storage of vehicles or this chapter. The rates for towing and storage shall he imposed in accordance with the rate schedules oil file with the Chief of Police and the Administrator for Pasco Municipal Court. (D) Costs. Any costs incurred in the removal of an impounded vehicle shall be paid by the owner of the vehicle so removed, and the same shall be a lien upon such vehicle. (Ord. 3796, 2006; Ord. 3405 Sec.l, 2000; Ord. 3 341 Sec. 1, 1998.) Section 2. That a new Section 10,18.015 entitled "Mandatory Impound" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Ordinance Amending Scction 1018.010 and Creating Section 10,18.015 - 3 10.18.015 MANDATORY IMPOUND. (A) When a driver of the vehicle is arrested for a violation of RCW 46.61 502 (DrivinR Under the Influence) or RCW 46.61.504 Whvsical Control of Vehicle Under the Influence as adopted by reference in PMC 10.05.010, the vehicle is subject to swnmary imlLound and except for a commercial or a farm transportation vehicle under subsection E of this section,the vehicle must be impounded. With the exception of the 12-hour hold as provided in subsection (C) below, procedures for notice, redemption, storage, auction, and sale shall remain the same as for other impounded vehicles under this chapter. (B) If the police officer directing that a vehicle be impounded under this section has: (1) Waited thirty minutes after the police officer contacted the police dispatcher reel stingy a rist_e_red tow truck operator and the tovy truck rsyon }has not arrived, or If the police officer is presented with exigent circumstances such as being called to another incident or due to limited available resources being required to return to patrol- the police officer may pjqge the cornRjqjqd impound ordef and invgtljgry inside ft vehicle and secure the vehicle by closing the windows and locking the doors before leavinz.Neither the City nor the police officer shall be liable for anyarnnes to or theft of the vehicle or its contents that occur between the time the officer leaves and the time that the registered tow truck o erator takes custody of the vehicle or for the actions of W person who takes or removes the vehicle before the registered tow truck operator arrives upon securing the vehicle as provided above. (C) When a driver of a vehicle is arrested for a violation of RCW 46.61.502 (Driviniz Under the Influence) or RCW 46.61.504 (Physical Control of Vehicle Under the Influence), and the driver is the registered owner of the vehicle, the impounded vehicle may ngl be redeemed within a 12-hour period following the time the impounded _vehicle arrives at the m istered tow truck operator's storage facility as noted in the registered tow truck operator's master log, unless there are two or more registered owners of the vehicle or there is a legal owner of the vehicle that is not the driver of the vehicle, either whom may redeem the impounded vehicle after it anives at the registered tow truck operator's storage facility as noted in the registered tow truck operator's master log. The driver of such vehicle shall be notified that the impounded vehicle may not be redeemed within a 12-hour period following the time the impounded vehicle arrives at the registered tow truck operator's storage facility unless there are two or more registered owners or there is a l_gal owner who is not the driver of the vehicle. The police officer shall notifv the driver that the impounded vehicle max be redeemed by either a registered owner or legal owner. who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility. (D) When a driver of a vehicle is arrested for viqlation of RCW 46,61.502 (Driving, Under the Influence) or RCW 46.61.504 (Physical Control of Vehicle Under the Influence) and the driver is not a registered owner of the vehicle, the impounded vehicle may be redeemed by a registered owner or legal owner,who is not the driver of the vehicle. after the impounded vehicle Ordinance Amending Section 10.18.010 and Creating Section 10.18.015-4 arrives at the re istered tow truck o erator's storage facilit v as noted in the re istered tow truck operator's master log. The police officer directing, the impound shall notify the driver that the impounded vehicle may be redeemed by a registered istered owner or lop-al owner who is not the driver of the vehicle, after the impounded vehicle arrives at the registered tow truck operator's storage facility. E If the vehicle is a commercial vehicle or farm transport vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection A of this section. the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner is not in the vehicle at the time of the stoR and arrest., (F) The registered tow truck operator shall notify the Pasco Police Department when the vehicle arrives at the registered tow truck operator's storage facility and has been entered into the master to std arting the 12-hour period. 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 L. CIark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Section 10,18.010 and Creating Section 10.18.015 -5 AGENDA REPORT FOR: City Council # July 19, 2011 t TO: Gary Crutchfie thrlanager Workshop Mtg.: 7125/11 FROM: Stan Strebel, Doputy SUBJECT: Refunding 2001 Limited Tax General Obligation Bonds 1. REFERENCE(S): 1. Savings Summary from Piper Jal'fray dated June 23, 2011 IL ACTION REQUESTED OF COUNCIL J STAFF RECOMMENDATIONS: 7125: Discussion III. FISCAL IMPACT: Estimated net present value savings of$419,000 IV. HISTORY AND FACTS BRIEF: A) In 2001 the City issued $6,9 million of Limited Tax General Obligation (LTGO — non-voted) Bonds associated with refinancing and funding various construction projects including City Hall, the library, a fire station and the Road 68 Softball Complex. B) Due to favorable market conditions, Piper Jaffray, the City's bond underwriter, estimates that the City can save approximately $419,000 by refunding the 2001 bonds, while maintaining the current repayment schedule. The last bond payment is scheduled for December 1, 2020. C) Staff is in the process of working with the underwriter and bond counsel to authorize the details of a refunding bond issue. V. DISCUSSION: A) If Council agrees that the anticipated savings make sense, staff will prepare for the presentation of more details at the workshop meeting of August 8 with a possible bond sale scheduled for August 15, 2011. 4(d) Piperjaffray, SAVINGS City of Pasco, WA Limited Tax General Obligation Bonds LTGO Refunding Bonds, 2011 (Refunding 2001 LTGO Bonds) Present Value Prior Refunding to 09/01/2011 Date Debt Service Debt Service Savings @ 2.4441464% 1210112011 104,337.50 91,387.50 12,950.00 12,871.59 12/01/2012 598,675,00 549,450.00 49,225.00 48,133.37 12/01/2013 600,930,00 551,350.00 49,580.00 47,258.46 12/01/2014 601,865.00 553,900.00 47,965.00 44,594.48 12/0112015 601,440.00 551,000.00 50,440.00 45,714.93 1210112016 599,840.00 547,800.00 52,040.00 45,980.97 12/01;2017 601,810.00 549,800,00 52,010.00 44,825.22 12/01/2018 602,307.50 551,000.00 51,307.50 43,131.12 12/01!2019 601,307.50 551,400.00 49,907.50 40,91820 12/01!2020 598,785.00 546,000.00 52,785.00 42,199,76 5,511.297.50 1043.087.50 468,210.00 415,628.09 Savings Summar PV of savings from cash flow 415,628.09 Plus:Refunding funds on hand 3,666.45 Net PV Savings 419,294.54 Jun 23,2011 4:09 pm Prepared by Piper Jaf[ray&Co, (Finance 6.020 Pasco:LTGU-REI:UNDOI,REFLIND41) Page 6 AGENDA REPORT TO: City Council July 19, 2011 FROM: Gary Crutchifli Tanager Workshop Mtg.: 7/25/11 Regular Mtg.: 8/1/11 SUBJECT: Community Survey 1. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/25: Discussion 8/1: MOTION: I move to authorize the City Manager to contract for conduct of the 2011 National Citizen Survey, not to exceed $11,000. 1I1. FISCAL I_NIPACT: S 1 1,000 IV. HISTORY AND FACTS BRIEF: A) The city has contracted with the National Research Center in Boulder (Colorado) every other year since 2005 for the conduct of the "National Citizen Survey" in Pasco. The survey is a nationally standardized survey used by communities throughout the country to gauge the citizens' perception of municipal service delivery. The report has been useful in defining concerns for Council to address during its 2006, 2008 and 2010 biennial retreats (spring of each even-numbered year) and has also been used to gain citizen response to specific questions selected by the Cit} Council (in addition to the standard survey questions), In anticipation of the 2012 Council retreat; staff is preparing to contract for the National Citizen Survey to be conducted in late 2011, for receipt of the report in January 2012 (providing plenty of time to incorporate the results in preparation for the Council retreat in spring 2012). B) In addition to its use for Council retreat, the survey is an integral part of the city's on-going effort to measure its performance, from citizens' perspective, in the provision of key services. With the benchmarks established by prior surveys, staff will be able to track trends for certain service functions, thereby adding a qualitative perspective to the quantitative information that the city also develops. Thus, it is important that the survev be conducted on a regular basis (every two years). C) The base cost for the survey is $9,900 and may include up to three policy questions. The data may also be compiled in a "Normative Comparisons'' report which compares Pasco's survey data with that of other jurisdictions of comparable size around the country; the additional cost for this report is $1,100. V. DISCUSSION: A) Staff strongly recommends the survey be conducted in late 2011; thus, the commitment must be tiled with the National Research Center by late September. Doing so will result in the report being provided to the city by late January, B) The use of the specific questions option has been beneficial in previous years, and it may be for the 2011 survey as well. Staff would appreciate direction on what specific questions to include; it is understood that the specific questions need not be identified until early-October. C) Staff requests authorization to contract for the survey, and Council direction regarding questions to be included. 4{e} AGENDA REPORT FOR: City Council r July 20, 2011 TO: Gary Crutch' of Manager Workshop Mtg.: 7,125/11 Regular Mtg.: 8/1/11 FROM: Stan Strebel, Dgputy 'i Tanager SUBJECT: Code Enforcement Board Authority I. REFERENCE(S): 1. Draft Ordinance H. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 7/25: Discussion 811: MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code Section 11.02.010, regarding applicability of procedures for "Civil Infractions," to include violations of Title 13, "Water and Sewers" and, further, authorize publication by summary only. 111. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The City Code Enforcement Board has, for some time, taken jurisdiction of civil infractions regarding the City's water and sewer system under the assumption that jurisdiction is established through the building code as found in Title 16. Experience suggests that some of the areas fall outside of the building code (i.e., backflow prevention devices) and are more appropriately regulated under Title 13, Water and Sewer. B) As the Code Enforcement Board is experienced in dealing with the typical Title 13 violations, staff' proposes that Code Board authority be amended to clearly include the title. V. DISCUSSION: A) The attached ordinance will give proper authority and staff recommends its adoption. 4(f) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Pasco Municipal Code Section 11.02.010, regarding applicability of procedures for "Civil Infractions" to include violations of Title 13, "Water and Sewers." WHEREAS, the City Council has determined the Code Enforcement Board requires the authority to hear cases involving infractions of water and sewer ordinances; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section entitled "Applicability of Chapter" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 11.02.010 APPLICABILITY OF CHAPTER. The provisions of this chapter shall apply to enforcement of Title 5 (excluding Chapters 5.12 - Pawnbrokers and Second-Hand Dealers and 5,46 - Private Detective Agencies, Private Detectives, Private Security Guards, and Private Security Companies), Title 6 - Health and Sanitation, 'Title 12 - Streets and Sidewalks, Title 13 - Water and Sewers, Title 16 - Building Code, Title 17 - Sign Code, Title 18 - Fire Prevention, Title 19 - Mobile Homes, Title 25 - Zoning, and Chapters 8.02 (excepting Sections 8.02.130, 8.02.170 and 8,02,320 — Animal Control), 9,60 - Public Nuisances, 9.61 - Noise Regulation, and 9.62 - Abandoned Vehicles and Vehicle Hulks. (Ord, 3534 Sec, 2, 2002; Ord. 3190 Sec. 1, 1996.) Section 2. 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 L. Clark, City Clerk Leland B, Kerr, City Attorney