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HomeMy WebLinkAbout2012.05.14 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. May 14, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS: (a) From Councilmembers. (b) Presentation: Tri -Cities Ranked One of the Most Secure Mid -Size Communities in Nation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Farmers Insurance Group. 4. ITEMS FOR DISCUSSION: (a) Housing Authority Board Interviews: 1. Agenda Report from Gary Crutchfield, City Manager dated May 9, 2012. 2. Applications (4) (Council packets only). (b) Medical Marijuana (MF #CA2011 -003): 1. Agenda Report from Rick White, Community & Economic Development Director dated May 8, 2012. 2. Proposed Ordinance. 3. Memorandum to the City Manager. 4. Resolution No. 3340. 5, US Department of Justice Memorandum (June 29, 2011). (c) Extension of Final Plat Approval Period (MF #CA2012 -005): 1. Agenda Report from Rick White, Community & Economic Development Director dated May 7, 2012. 2. Proposed Ordinance. 3. HB 2152. (d) Franklin County Homeless Housing and Assistance Interlocal Agreement: 1. Agenda Report from Rick White, Community & Economic Development Director dated May 8, 2012. 2. April 19, 2012 letter from Benton Franklin Counties Department of Human Services, and proposed amendment to the Franklin County Homeless Housing and Assistance Interlocal Agreement. 3. Original December 2005 Interlocal Agreement. (e) Interagency Agreement for Summer School Services: 1. Agenda Report from Robert Metzger, Chief of Police dated May 8, 2012. 2. Proposed Interagency Agreement. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT Workshop Meeting 2 May 14, 2012 1. 12:00 p.m., Monday, May 14, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Mike Schwisow, Director of Government Relations for the Columbia Basin Development League will discuss the importance of the Columbia Basin Project to the local agricultural economy. In addition, 9th District Senator Mark Schoesler will give a brief legislative update.) 2. 6:00 p.m., Monday, May 14, City Hall Conference Room #1 — Old Fire Pension Board Special Meeting. ( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 3. 9:30 a.m., Wednesday, May 16, Hal Holmes Center, Ellensburg — Columbia River Policy Advisory Group Meeting. (MAYOR MATT WATKINS) 4. 1:00 p.m., Thursday, May 17, 3426 Angelo Lane — Celebration of Achievement & Dedication of the "2012 Team Pasco Home" presented by the Pasco School District and Team Pasco Homes Board of Directors. (ALL COUNCILMEMBERS INVITED TO ATTEND) 5. 11:30 a.m., Friday, May 18, Kennewick City Grill — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) FOR: City FROM: Gary SUBJECT: How AGENDA REPORT I. REFERENCE(S): anager Interviews 1. Applications (4) (Council packets only) May 9, 2012 Workshop Mtg.: 5/14/12 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS 5/14: Council to conduct brief interviews with Kenneth Colon, Lester Domingos, Greg Garcia and Cara Gonzalez. III. HISTORY AND FACTS BRIEF: A) The Housing Authority is a separate municipal corporation governed by its appointed board of directors. The Authority's basic mission is to provide safe and habitable housing for households with incomes below 80% of the regional medium household income. In the case of the Pasco Housing Authority, it owns and operates about 300 housing units in Pasco and offers other housing opportunities as other federal programs are made available and deemed appropriate by the Board. B) A Joint Housing Authority for the City of Pasco and Franklin County was formed in 1981 by joint Resolution. The Housing Authority Board is comprised of five Commissioners who are appointed for a term of office of five years. The Commissioners for Position Nos. 1 and 3 are selected by the Franklin County Commissioners. Likewise, the Commissioners for Position Nos. 2, 4 and 5 are selected by the Pasco City Council and must reside within the City. C) At the present time, there is one position whose term has expired. 1. Position No. 4 (currently Lester Domingos) D) At the present time, there is one vacancy on the Commission: 1. Position No. 5 (vacant) term expiration date of 1/28/16 E) After Council Screening Committee review of all applications, the following have been selected to interview for possible appointment: 1. Kenneth Colon ...... ............................... 2. Lester Domingos .................................. 3. Greg Garcia ........... ............................... 4. Cara Gonzalez ....... ............................... IV. DISCUSSION: .......................4019 Bond Lane ....... 3808 Desert Plateau Drive ...................... 2120 N. Road 34 ..........4419 Indian Ridge Drive A) After conduct of interviews at the May 14 Workshop meeting, it is proposed that appointments be made at the May 21 meeting. 4(a) AGENDA REPORT FOR: City Council TO: Gary Crutchfie anager FROM: Rick White e 1� l-j Community & Economic Development Director SUBJECT: Medical Mariivana (MF# CA2011 -003) I. REFERENCE(S): 1. Proposed Ordinance 2. Memorandum to the City Manager 3. Resolution 3340 4. U.S. Department of Justice Memorandum (June 29, 2011) May 8, 2012 Workshop Mtg.: 5/14/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Umli 111.916311410 III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In 1998, Initiative 692 was passed by Washington voters that permitted the use of marijuana for medicinal purposes. The Initiative was codified as Chapter 69.51A of the Revised Code of Washington even though marijuana still remained illegal under the Federal Control Substance Act. B. In 2007, the State Legislature clarified RCW 69.51A by determining that a medically authorized person could posses a 60 -day supply of medicinal marijuana. However, cultivating marijuana still remains a felony under Federal law. C. The 2011 State Legislature attempted to address this through Engrossed Second Substitute Senate Bill (E2SSB) 5073 which passed the Legislature in April of 2011. This bill provided for collective gardening of medical marijuana and allowed local cities and counties to adopt zoning and health regulations governing the production and distribution of medical marijuana. D. A majority of E2SSB 5073 was vetoed by Governor Gregoire. Section 403 remains in place which allows qualifying patients to jointly maintain collective gardens for cultivating cannabis for medical use. The legislation also permits growing marijuana in collective gardens with no more restrictions than it cannot be grown in public view and contain no more than 15 plants per patient up to a total of 45 plants. E2SS13 5073 went into effect on July 22, 2011. E. City Council approved Resolution 3340 on September 6, 2011 establishing a 12 month moratorium on collective medical marijuana gardens in all zoning districts. A key component of the moratorium was the assumption that the State Legislature would act this past session to remedy the confusion caused by the partial veto of E2SSB 5073. However, action by the Legislature did not occur this past session. The moratorium is set to expire this July 61h. V. DISCUSSION: A. Possession of marijuana — even for medicinal purposes — is contrary to the Federal Controlled Substance Act (CSA). The CSA also pre -empts both the State and the City from passing and enforcing an ordinance that would make possession of medicinal marijuana legal. A city may further limit collective gardens and dispensaries beyond those imposed by Chapter 69.51A RCW, as long as they meet the general police power requirements and do not, in any way, permit or authorize an activity that is prohibited by the federal CSA. The City Attorney's position is that the City is not required to enact an ordinance allowing and then governing collective gardens and dispensaries and has the ability to prohibit both, so long as there remains a conflict between the State statute and the pre - empting federal law. C. As a solution to the immediate issue, staff recommends that the moratorium on collective medicinal marijuana gardens be repealed and the Pasco Zoning Code amended to prohibit uses that are in violation of federal, state or local laws. This simply prohibits activities involving medicinal marijuana until State and Federal regulations are changed to eliminate the potential of the City becoming an accessory to a federal crime. D. Staff requests Council discussion on this matter. If Council concurs with the direction suggested by staff, an amendment to the zoning code as contained in the proposed ordinance and a repeal of the moratorium on collective medicinal marijuana gardens will be initiated. 4(b) ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING THE MORATORIUM ON MEDICAL MARIJUANA COLLECTIVE GARDENS AND AMENDING CHAPTER 25.08 OF THE PASCO MUNICIPAL CODE WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I drug; and WHEREAS, the voters of the State of Washington approved Initiative 692 (codified as RCW 69.51A in November 1998); and WHEREAS, the intent of Initiative 692 was that qualifying "patients with terminal or debilitating illnesses who, in the judgment of their physicians, would benefit from the medical use of marijuana, shall not be found guilty of a crime under state law, "(RCW 69.51A.005); and WHEREAS, the Washington State Legislature passed ESSSB 5073 in 2011, which provides that a qualifying patient or his/her designated care provider are presumed to be in compliance, and not subject to criminal or civil sanctions /penalties /consequences, if they possess no more than 15 cannabis plants, no more than 24 ounces of usable cannabis (other qualifications apply); and WHEREAS, Washington's Governor vetoed all of the provisions relevant to medical marijuana dispensaries in ESSSB 5073 but left the provisions relating to cultivation of marijuana for medical use by qualified patients individually and in collective gardens; and WHEREAS, RCW 69.51A.130 allows local jurisdictions to adopt zoning requirements, business license requirements, health and safety requirements, and impose business taxes on the production, processing or dispensing of cannabis or cannabis products; and WHEREAS, the City adopted Resolution 3340 imposing a moratorium on medical marijuana collective gardens dispensaries it was predicted that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, Based on experiences from other jurisdictions, there is significant increase in criminal activity surrounding marijuana- related activities, regardless of local, state, or federal legal status; and WHEREAS, The Washington State Legislature did not adopt any new regulations on medical marijuana; and WHEREAS, the City has been placed in an untenable position between State and Federal law, and has therefore chosen to amend Section 25.08.010 of the Municipal Code by adding the following statement, and adopt this as the City's official position; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Resolution 3340, moratorium on medical cannabis dispensaries is hereby repealed. Section 2. That Section 25.08.010 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.08.010 INTERPRETATION. In interpreting and applying the provisions of this Title, the provisions and standards contained herein shall be deemed to be the minimum standards or requirements with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative authority of the City Council to further restrict permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this Title, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. (Ord. 3354 Sec. 2, 1999.) This Title does not allow any use which is in violation of any local State or Federal laws regulations codes and /or ordinances. Section 3. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, at its regular meeting of 2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney MEMORANDUM DATE: May 3, 2012 TO: Gary Crutchfield, City Manager FROM: Rick White, Community and Economic Development Director SUBJECT: Medical Mariivana (Cannabis) Collective Gardens (MF# CA 2011 -003) This memo is a recommendation for the legislation of Medical Marijuana Collective Gardens, in reference to Resolution No. 3340 passed by Pasco City Council on September 6, 2011. The City of Pasco adopted a 6 -month moratorium (Resolution 3330) on July 18, 2011 prohibiting medical marijuana collective gardens in all zoning districts within the City. City Council held a public hearing on September 6, 2011 and adopted Resolution 3340 retaining and extending the moratorium for 12 months. The Work Plan attached to Resolution No. 3340 required staff to research cities /states with similar circumstances /laws pertaining to medicinal marijuana, latest developments from the Washington Cities Insurance Association (WCIA), the Association of Washington Cities (AWC) and the Municipal Research and Service Center (MRSC), and current State law concerning cultivation, possession and distribution of medicinal marijuana, and attempt to reconcile the discrepancy of federal laws with the State law. Since the State Legislature did not act, the work plan was largely rendered useless, and other local jurisdictions are maintaining a legislative "holding pattern," pending a decisive State outcome. The City has researched the secondary land use impacts of medical marijuana collective gardens in preparation for the drafting of zoning regulations, and has concluded that State law places local jurisdictions in an untenable position relative to the Federal Controlled Substance Act (CSA). Issues with medical marijuana legislation include the following: 1) Based on the existing State law, the City may adopt further limitations on collective gardens beyond those imposed by Chapter 69.51A RCW, as long as they meet the general police power requirements and do not, in any way, permit or authorize an activity that is prohibited by the federal CSA. However, exercising police powers by licensing, permitting, collecting fees or taxing marijuana- related activities potentially places the City in the position of accessory to federal crime. 2) In the absence of the ability to license, permit, tax, or otherwise exercise bona -fide police powers, any code enforcement activities are rendered ineffective, and any permissive local marijuana legislation will likely lead to uncontrollable marijuana - related activities. Pa�­c 1 (11'2 3) Based on experiences from other jurisdictions, there is significant increase in criminal activity surrounding marijuana - related activities, regardless of local, state, or federal legal status. 4) The 2012 Legislative session did not make any progress towards reconciling these conflicts or protecting local jurisdictions from possible federal action. Given the above issues, public health, safety, and welfare will not be promoted accommodating collective marijuana gardens. Recommendations Given the untenable position the City has been placed in between State and Federal law, the recommended option is to amend Title 25 of the City of Pasco Municipal Code by adding the following statement to the preface and adopt this as the City's official position: "The City of Pasco Zoning Code (PMC Title 25) does not allow any use which is in violation of any local, State, or Federal laws, regulations, codes, and /or ordinances" An alternative may be to extend the moratorium indefinitely until the State Legislature clarifies its position and aligns the state laws to match Federal statutes. However, this does not provide closure to the issue and is difficult to justify legally. Y�s� 2 oi'2 RESOLUTION NO. 3 3'TO A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING MEDICAL CANNABIS COLLECTIVE GARDENS IN ALL ZONING DISTRICTS WITHIN THE CITY. WHEREAS, the Washington legislature by Engrossed Second Substitute Senate Bill 5073 (the Medical Cannabis Bill) provided for the establishment of State regulated medical cannabis dispensaries and collective cannabis gardens to provide a source of medical cannabis for qualifying patients, however, Washington Governor Christine Gregoire vetoed significant portions of the Bill including all State agency regulations of the production, processing and distribution of medical cannabis; and WHEREAS, as a response to the Governor's veto, the legislature attempted, in the last hours of the 2011 legislative session to introduce Senate Bill 9555 addressing the concerns raised by the Governor's veto, however, this Bill did not survive the closing of the legislative session and, therefore, further legislative action is unlikely until the convening of the 2012 legislature; and WHEREAS, the portions of the Medical Cannabis Bill that survived the veto permits collective cannabis gardens subject to the City's determination of appropriate zoning, business license, health and safety requirements to serve the best interests of the City; and WHEREAS, the veto of major sections of the Medical Cannabis Bill has resulted in great confusion as to its application and future legislation including a recently filed Initiative which raises further questions in regards to the future effect and application of this act; and WHEREAS, it is anticipated that collective cannabis gardens will require an increased risk to health and safety, require increased code enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate regulations; and WHEREAS, the City Council has determined that it is in the best interest of the City that the moratorium be retained to provide the City an opportunity to develop appropriate regulations for such collective gardens, and to develop a work plan for the implementation of such regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City of Pasco makes the following findings: A. The City of Pasco does not currently have specific regulatory provisions addressing the conditions or locations of collective cannabis gardens within the City. B. The City adopted a moratorium on collective medicinal marijuana gardens in all zoning districts through City of Pasco Resolution 3330 on July 18, 2011 and heard citizen comments that medical marijuana dispensaries are needed for residents of the greater Pasco — Kennewick— Richland area and that currently, medicinal marijuana users must resort to illegal means to secure medicinal marijuana. Resolution - 1 C. The City of Pasco held a public hearing on the propriety of the moratorium on August 15, 2011 and received a report from staff on issues of concern related to collective medicinal marijuana gardens, and heard testimony from I citizen relating to the contradictions within State law, the need for collective medicinal marijuana gardens, the adverse effects of resorting to illegal means of procuring medicinal marijuana, the need for building and zoning regulations for collective gardens and the potential positive financial impact of taxing medicinal marijuana. . D. The City Council finds that zoning, licensing and permitting regulations should be established, pending review of appropriate locations and other requirements for collective gardens, and the impacts of the newly amended law and its interaction with federal law must be compared and analyzed. E. The City must ensure that proposed locations for collective gardens are appropriate and that any potential secondary impacts arising from the operation of collective gardens are minimized and mitigated. These secondary impacts include, but are not limited to burglaries associated with the marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of collective medical marijuana gardens. F. The Pasco Police Department (PPD) has expressed concerns that collective medical marijuana gardens will invite vandalism, theft and trespass and compromise neighborhood safety and has expressed the need for development of regulations that will minimize these expected impacts. Section 2. Moratorium Retained. The moratorium established by Pasco Resolution 3330 on July 18, 2011 is retained prohibiting the establishment, maintenance, cultivation, or operation of a collective garden for growing medical cannabis as defined by Section 1, Subsection 2 of the Engrossed Second Substitute Senate Bill 5073 and RCW 69.51 A.010 as amended, within all zoning districts within the City of Pasco. Section 3. Term of Moratorium. The moratorium imposed by Resolution 3330 shall continue in effect for an initial period of 12 months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall automatically expire upon the effective date of zoning regulations adopted by the City Council to address collective gardens for medical cannabis within the City of Pasco. Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by the City Council of the City of Pasco this T day of IO 2011. Matt Watkins, Mayor ATTEST�4 City Cler j J Resolution - 2 APP R VED S TO FORM: Leland B. Kerr�City Attorney AS. Department of Justice Office of the Deputy Attorney General Wxslu'ngwn, D.C. 20530 June 29, 2011 MEMORANDUM FOR UNITED STAAT s OR ,XS FROM: James M. Cole Deputy Attom 53 General SUBJECT: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Mariivana for Medical Use Over the last several months some of you have requested the Department's assistance in responding to inquiries from State and local governments seeking guidance about the Department's position on enforcement of the Controlled Substances Act (CSA) in jurisdictions that have under consideration, or have implemented, legislation that would sanction and regulate the commercial cultivation and distribution of marijuana purportedly for medical use. Some of these jurisdictions have considered approving the cultivation of large quantities of marijuana, or broadening the regulation and taxation of the substance. You may have seen letters responding to these inquiries by several United States Attorneys. Those letters are entirely consistent with the October 2009 memorandum issued by Deputy Attorney General David Ogden to federal prosecutors in States that have enacted laws authorizing the medical use of marijuana (the "Ogden Memo "). The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug and that the illegal distribution and sale of marijuana is a serious crime that provides a significant source of revenue to large scale criminal enterprises, gangs, and cartels. The Ogden Memorandum provides guidance to you in deploying your resources to enforce the CSA as part of the exercise of the broad discretion you are given to address federal criminal matters within your districts. A number of states have enacted some form of legislation relating to the medical use of marijuana. Accordingly, the Ogden Memo reiterated to you that prosecution of significant traffickers of illegal drugs, including marijuana, remains a core priority, but advised that it is likely not an efficient use of federal resources to focus enforcement efforts on individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or their caregivers. The term `caregiver" as used in the memorandum meant just that: individuals providing care to individuals with cancer or other serious illnesses, not commercial operations cultivating, selling or distributing marijuana. The Department's view of the efficient use of limited federal resources as articulated in the Ogden Memorandum has not changed. There has, however, been an increase in the scope of Memorandum for United States Attorneys Page 2 Subject: Guidance Regarding the Ogden Memo in Jurisdictions Seeking to Authorize Marijuana for Medical Use commercial cultivation, sale, distribution and use of marijuana for purported medical purposes. For example, within the past 12 months, several jurisdictions have considered or enacted legislation to authorize multiple large - scale, privately- operated industrial marijuana cultivation centers. Some of these planned facilities have revenue projections of millions of dollars based on the planned cultivation of lens of thousands of cannabis. plants. The Ogden Memorandum was never intended to shield such activities from federal enforcement action and prosecution, even where those activities purport to comply with state law. Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law. Consistent with resource constraints and the discretion you may exercise in your district, such persons are subject to federal enforcement action, including potential prosecution. State laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct, including enforcement of the CSA. Those who engage in transactions involving the proceeds of such activity may also be in violation of federal money laundering statutes and other federal financial laws. The Department of Justice is tasked with enforcing existing federal criminal laws in all states, and enforcement of the CSA has long been and remains a core priority. cc: Lanny A. Breuer Assistant Attorney General, Criminal Division B. Todd Jones United States Attorney District of Minnesota Chair, AGAC Michele M. Leonhart Administrator Drug Enforcement Administration H. Marshall Jarrett Director Executive Office for United States Attorneys Kevin. L. Perkins Assistant Director Criminal Investigative Division Federal Bureau of Investigations AGENDA REPORT FOR: City Council May 7, 2012 TO: Gary Crutchfie ' y Manager Workshop Mtg.: 5/14/12 Regular Mtg.: 5/21/12 FROM: Rick White, f Community & Economic Development Director SUBJECT: Extension of Final Plat Approval Period (MF# CA2012 -005) I. REFERENCE(S): 1. Proposed Ordinance 2. HB 2152 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/14: DISCUSSION 5/21: MOTION I move to adopt Ordinance No. , amending PMC 26.28.010 extending the final plat approval time period from seven years to nine years and amending PMC 26.28.070 revising terms of approval of final plats. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. RCW 58.17 specifies the time limit for submittal of a final plat once preliminary plat approval is received. B. Until June 10, 2010, this time limit was five (5) years, at which time the State Legislature changed the time limit to seven (7) years (SB 6544). C. The State Legislature has again amended RCW 58.17 by adopting HB 2152 providing an extension of the period for completion of final plats after preliminary plat approval to nine (9) years as long as preliminary plat approval was received before December 31, 2007. HB 2152 is effective as of June 7, 2012. D. The Bill (HB 2152) also revises final plat vesting provided the requirements of RCW 90.58 (Shoreline Management Plan) do not apply and provided changed plat conditions do not create a serious threat to public health or safety. V. DISCUSSION: A. The revisions to PMC 26.28.010 and 26.28.070 reflect revisions to State platting law. These revisions should be enacted in Pasco Municipal Code to establish consistency between State law and local regulations. 4(c) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending Section 26.28.010 "Application" and Section 26.28.070 "Terms of Approval" Providing for the Extension of a Period for Final Plat Approval. WHEREAS, the State legislature has amended Chapter 58.17 providing an extension for the period for completion of final plats after preliminary plat approval in response that the delays in residential developments caused by the downturn of the economy; and WHEREAS, it is necessary to bring the City procedure for preliminary and final plat approval into conformity with these changes in State law, NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 26.28.010 entitled "Application" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow: 26.28.010 APPLICATION. (1) Within F (5) years F the appfeval of .. preliminary plat the subdivider shall prepare .J submit for .. r .al final plat F ... ing sogether with eh supP' ,�€ f: °~Feates and bends as may be required T together final plat ,.ha l o s4fnit4ed to the City Planner at least fifteen (15) days before the City Couneil ffleetiRg at whieh appreval is sought-.Except as provided in subsection (2) below, a final plat meeting all of the requirements of this Chapter shall be submitted to the City Council for approval within seven (7) years of the date of the prelimingy plat approval if the date of the preliminary plat approval is on or before December 31 2014 and within five (5) years of the date of preliminary plat approval, if the date of preliminary plat approval is on or before January 1, 2015. (2) A final plat meeting all ll requirements of this Chapter shall be submitted to the City Council for approval within nine (9) years of the date or preliminary plat approval if the project is within the City limits not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the Dreliminary plat approval is on or before December 31, 2007 The proposed final plat shall be submitted for recording purposes, together with such supplementary information, certificates and bonds as may be required, to the City Planner at least fifteen (15) days before the City Council meeting at which approval is sought. (24) A complete application shall consist of the original signed, dated and stamped mylar drawing of the subdivision with ten (10) copies, a title certificate, applicable instrument identified in PMC 26.28.050 to cover the cost of outstanding improvements, and digital copy of the final plat in a format specified by the City Engineer. (Ord. 3398 Sec. 2, 1999.) Ordinance Amending Section 26.28.0 10 and Section 26.28.070 - I Section 2. That Section 26.28.070 entitled "Terms of Approval" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 26.28.070 TERMS OF APPROVAL. (1) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, zoning ordinances, and regulations in effect on the date of the preliminary plat approval for a period of five (5) seven 7 years after final plat approval if the date of the final plat approval is on or before December 31 2014• and for a period of five (5) Years after the final plat approval if the date of final plat approval is on or after January 1 2015 unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (2) A subdivision shall be governed by the terms of approval of the final plat, and the statutes zoning ordinances and regulations in effect at the time of approval of the preliminary plat for a period of nine (9) years after final plat approval if the project is located within the City limits not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline Management Plan) and the date of the final plat approval is on or before December 31, 2007, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 3398 Sec. 2, 1999.) Section 3. This Ordinance shall take full force and effect on June 7, 2012, 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 Matt Watkins, Mayor ATTEST: Debbie Clark, City Clerk Ordinance Amending Section 26.28.010 and Section 26.28.070 - 2 2012. APPROVED AS TO FORM: Leland B. Kerr, City Attorney CERTIFICATION OF ENROLLMENT ENGROSSED HOUSE BILL 2152 Chapter 92, Laws of 2012 62nd Legislature 2012 Regular Session PLATS -- TIMELINES EFFECTIVE DATE: 06/07/12 Passed by the House March 3, 2012 Yeas 95 Nays 0 FRANK CHOPP Speaker of the House of Representatives Passed by the Senate March 1, 2012 Yeas 48 Nays 0 BRAD OWEN President of the Senate Approved March 29, 2012, 1:15 p.m. CHRISTINE GREGOIRE Governor of the State of Washington CERTIFICATE I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2152 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER Chief Clerk FILED March 29, 2012 Secretary of state State of Washington ENGROSSED HOUSE BILL 2152 AS AMENDED BY THE SENATE Passed Legislature - 2012 Regular Session State of Washington 62nd Legislature 2012 Regular Session By Representatives Angel, Takko, Dammeier, Rivers, Kristiansen, Springer, Buys, Tharinger, and Liias Read first time 12/07/11. Referred to Committee on Local Government. 1 AN ACT Relating to timelines associated with plats; amending RCW 2 58.17.140 and 58.17.170; and repealing 2010 c 79 s 3 (uncodified). 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 58.17.140 and 2010 c 79 s 1 are each amended to read 5 as follows: 6 (1) Preliminary plats of any proposed subdivision and dedication 7 shall be approved, disapproved, or returned to the applicant for 8 modification or correction within ninety days from date of filing 9 thereof unless the applicant consents to an extension of such time 10 period or the ninety day limitation is extended to include up to 11 twenty -one days as specified under RCW 58.17.095(3): PROVIDED, That if 12 an environmental impact statement is required as provided in RCW 13 43.21C.030, the ninety day period shall not include the time spent 14 preparing and circulating the environmental impact statement by the 15 local government agency. 16 (2) Final plats and short plats shall be approved, disapproved, or 17 returned to the applicant within thirty days from the date of filing 18 thereof, unless the applicant consents to an extension of such time 19 period. P. 1 EHB 2152.SL 1 (3) (a) Except as provided by (b) of this subsection a final plat 2 meeting all requirements of this chapter shall be submitted to the 3 legislative body of the city, town, or county for approval within seven 4 years of the date of preliminary plat approval if _ the _ date—of 5 preliminary plat approval is on or before December 31 2014 and within 6 five vears of the—date—of iDreliminarv—lDlat—alpy)roval—if the—date—of 7 preliminary plat approval is on or after January 1 2015 8 (b) A final plat meeting all requirements of this chapter shall be 9 submitted to the legislative body of the city for approval within nine 10 years of the date of preliminary plat approval if the project is within 11 city limits, not subject to requirements adopted under chanter 90.58 12 RCW and the date of preliminary plat approval is on or before December 13 31, 2007. 14 (4) Nothing contained in this section shall act to prevent any 15 city, town, or county from adopting by ordinance procedures which would 16 allow extensions of time that may or may not contain additional or 17 altered conditions and requirements. 18 Sec. 2. RCW 58.17.170 and 2010 c 79 s 2 are each amended to read 19 as follows: 20 (1) when the legislative body of the city, town or county finds 21 that the subdivision proposed for final plat approval conforms to all 22 terms of the preliminary plat approval, and that said subdivision meets 23 the requirements of this chapter, other applicable state laws, and any 24 local ordinances adopted under this chapter which were in effect at the 25 time of preliminary plat approval, it shall suitably inscribe and 26 execute its written approval on the face of the plat. The original of 27 said final plat shall be filed for record with the county auditor. One 28 reproducible copy shall be furnished to the city, town or county 29 engineer. One paper copy shall be filed with the county assessor. 30 Paper copies shall be provided to such other agencies as may be 31 required by ordinance. 32 (2)(a) Except as provided by (b) of this subsection any lots in a 33 final plat filed for record shall be a valid land use notwithstanding 34 any change in zoning laws for a period of seven years from the date of 35 filing if the date of filing is on or before December 31 2014 and for 36 a period of five years from the date of filing if the date of filing is 37 on or after January 1, 2015. EHB 2152.SL p, 2 1 (b) Any lots in a final Plat filed for record shall be a valid land 2 use notwithstanding — any_ chancre_ in_zoning_laws_£or_a_period_of_ nine 3 years from the date of filing if the project is within city limits not 4 subject to requirements adopted under chapter 90.58 RCW, and the date 5 of filing is on or before December 31 2007. 6 (3) (a) Except as Provided by (b) of this subsection a subdivision 7 shall be governed by the terms of approval of the final plat, and the 8 statutes, ordinances, and regulations in effect at the time of approval 9 under RCW 58.17.150 (1) and (3) for a period of seven years after final 10 plat approval if_ the_ date_ of _final_plat_approval_is_on_or_ before 11 December_31,_2014._and_for_a _ period_of_five ears_ after_ final_ plat 12 approval if the date of final plat approval is on or after January 1 13 2015, unless the legislative body finds that a change in conditions 14 creates a serious threat to the public health or safety in the 15 subdivision. 16 (b) A subdivision shall be governed by the terms of approval of the 17 final Plat, and the statutes ordinances and regulations in effect at 18 the time of approval under RCW 58.17.150 (1) and (3) for a period of 19 nine_vears_after _ final_plat_approval_if_ the_project_is_ within _ city 20 limits, not subject to requirements adopted under chapter 90.58 RCW,_ 21 and the date of final plat approval is on or before December 31 2007 22 unless the legislative body finds that a change in conditions creates 23 a serious threat to the public health or safety in the subdivision 24 NEW _ SECTION. Sec. 3. 2010 c 79 s 3 (uncodified) is hereby 25 repealed Passed by the House March 3, 2012. Passed by the Senate March 1, 2012. Approved by the Governor March 29, 2012. Filed in Office of Secretary of State March 29, 2012. p• 3 EHB 2152.SL AGENDA REPORT FOR: City Council ( )i Date: May 8, 2012 ?bFROTO: Gary Crutchfie Manager Workshop Mtg.: 5/14/12 M: ��J1 Regular Mtg.: 5/21 /12 Rick White, /J Community & Economic Development Director l4j SUBJECT: Franklin County Homeless Housing and Assistance Interlocal Agreement I. REFERENCE(S): April 19, 2012 letter from Benton Franklin Counties Department of Human Services, and proposed amendment to the Franklin County Homeless Housing and Assistance Interlocal Agreement Original December 2005 Interlocal Agreement II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/14/12: DISCUSSION 5/21/12: MOTION I move to approve the Amendment to the Interlocal Agreement with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering the Washington State Homeless Housing and Assistance Act generated funds for housing programs, and further, authorize the Mayor to sign the Amendment. III. FISCAL IMPACT IV. HISTORY AND FACTS BRIEF: A. In 2005, the State Legislature approved House Bill (HB) 2163 which authorized a $10.00 surcharge for certain recorded documents. The surcharge is to be used to reduce homelessness by 50% in 10 years. B. RCW 36.22.179 directs 2 % of the funds collected be retained by the Auditor and 60% retained by the county where the funds were collected and used to accomplish the purposes of the local homeless housing plan. Of that 60% retained by the County, 6% may be used for costs related to administration of the homeless housing plan. The remaining funds are remitted to Washington State for deposit in the state homeless housing account. C. In December of 2005, City Council approved an Interlocal Agreement for a 10 year period with Franklin County, Connell, Mesa and Kahlotus regarding local homeless housing programs and plans. In January of 2006, City Council approved a 10 year plan for reducing homelessness. The Plan was prepared by the Benton Franklin Community Action Committee (CAC) and is a regional and cooperative effort to address homelessness. D. The 2005 Interlocal Agreement charged CAC with the responsibility of administering HB 2163 funds. Recently Franklin County directed the Benton Franklin Counties Department of Human Services (BFHS) to have administrative responsibility for these same funds. V. DISCUSSION: A. The Amendment to the Interlocal Agreement replaces references to CAC with BFHS. All other provisions of the existing Interlocal remain in effect and unchanged. B. Staff recommends approval of the motion, noting that the existing Interlocal Agreement expires in December of 2015, providing another opportunity for review and assessment. 4(d) BENTON AND FRANKLIN COUNTIES DEPARTMENT OF HUMAN S April 19, 2012 Mayor Matt Watkins City of Pasco 525 N. 3rd Pasco, WA 99301 Re: Franklin County Homeless Housing and Assistance Interlocal Agreement Dear Mayor Watkins: Pasco City Hall RECEIVED APR 2 0 2012 City Manager's Office The Franklin County Homeless Housing and Assistance (2163) Interlocal Agreement was originally signed on December 14, 2005 for a term of ten (10) years. As you may be aware, funds for the 2163 Homeless Housing Assistance agreement are from document recording fees, dependent on the local economy. For the last few years Community Action Connections has administered these funds. Recently, an Amendment to the current Interlocal was approved to form by Franklin County Deputy Prosecuting Attorney Ryan Verhulp. The Amendment permits Benton and Franklin Counties Department of Human Services to be the responsible department to administer and disperse these funds to community base organizations within the community to provide homeless housing services to residents of Franklin County. The amendment of the Interlocal Agreement will allow for continued services within Franklin County. During this last year new projects and service providers have come forth and the goal is to provide a wide range of comprehensive services. Please review the enclosed Interlocal Amendment document, sign, and return all three of the original signature pages to the Department of Human Services so that we may proceed to the next step. Please do not hesitate to contact me if you have any further questions on this process. Sincerely, Tracy Diaz Deputy Administrator Department of Human Services cc: Ed Thombrugh 7102 WEST OKANOGAN PLACE, SUITE 201 ♦ KENNEWICK, WA 93336 PHONE (509) 783 -5284 f FAX (509) 783 -5981 WHEN RECORDED RETURN TO: City of Pasco City of Connell City of Mesa City of Kahlotus 525 North 3id PO Box 1200 PO Box 146 PO Box 100 Pasco, WA 99301 Connell, WA 99326 Mesa, WA 99343 Kahlotus, WA 99335 AMENDMENTTO INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN, AND: THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS; IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS This Amendment to the Interlocal Agreement is made and entered into by and between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY," with its principal offices located at 1016 North 4d' Avenue, Pasco Washington, 99301; the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301; the City of Connell, a municipal corporation with its principal offices located at 104 E Adams Street, Connell, Washington, 99326 -1200; the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; the City of Kahlotus, a municipal corporation with its principal offices located at E 130 Weston, Kahlotus, Washington 99335; hereinafter all the aforementioned cities referred to collectively as "CITIES." In consideration of the mutual benefits and covenants contained herein, the parties agree that the Interlocal Agreement, numbered as Franklin County Resolution No. 2005 -532 and approved on December 14, 2005, Section 4 (6) and Section 5 (2) shall be amended and replaced in their entirety with the following: Section 4 (6): As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179, shall enter into a separate Professional Services Agreement with Benton and Franklin Counties Department of Human Services (BFDHS) to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program /plan. Compensation to BFDHS in the Professional Services Agreement shall be a COUNTY administrative cost in an amount not to exceed six percent (6 %) of the balance of the Homeless Housing and Assistance Fund or Account as determined by the COUNTY. Section 5 (2): By executing this Agreement, agree with the use and compensation of BFDHS per Section 4(5)(v) of this Agreement to organize and support a local homeless task force to facilitate the creation of the local ten (10) year homeless housing program /plan. Except as expressly provided in this Amendment, all other provisions of the above referenced Interlocal Agreement, and subsequent amendments, addenda, or modifications thereto shall be unchanged and remain in full force and effect. CITY OF PASCO Matt Watkins, Mayor Attest: Approved as to Form: Title: Title: FRANKLIN COUNTY RESOLUTION NO. ini.6 532 BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY, WASHINGTON RE: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS WHEREAS, the Homeless Housing Assistance Act (HHAA — E2SHB2163), passed by the 2005 Washington State Legislature, requires governments to adopt ten year plans by December 31, 2005, to address homelessness; and WHEREAS, pursuant to RCW 36.01,010 and RCW 36.32.120 the legislative authority of each county is authorized to enter into contracts on behalf of the county and have the care of county property and management of county funds and business; and WHEREAS, under the authority of RCW 36.22.179 and Chapter 43.185C RCW, the Board of County Commissioners constitutes the legislative authority of Franklin County and desires to enter into an agreement with the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus in providing for local homeless housing and assistance programs; NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners hereby approves the attached Interlocal Agreement between Franklin County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kablotus in providing for local homeless housing and assistance programs/plans. APPROVED this 14t° day of December 2005, Attest: .io ri :., . Originals: Auditor Minutes City of Connell City of Kahlotus City of Mesa City of Pasco BOARD OF COUNTY COMMISSIONERS FIN COUNTY, WASH Frank H ftrk, Chair E. cc; Accounting Prosecutor's Office Treasurer Pro Tem J:\ Resol- 2005 WgreementHomelessHousing.doc 2,,03-2,5 CONFORMED COPY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIP 67484531P FRANKLIN COUNTY LONMISSIONERACREE 42.00 Franklin Co, WA WHEN RECORDED RETURN TO: City of Pasco City of Connell City of Mesa City of Kahlotus 525 North 3id PO Box 1200 PO Box 146 PO Box 100 Pasco, WA 99301 Connell, WA 99326 Mesa, WA 99343 Kahlotus, WA 99335 INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS This Interlocai Ag ment, hereinafter referred to as "Agreement," is entered Into as of theay of � , 200 between Franklin County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY," with its principal offices located at 1016 North 4th Avenue, Pasco Washington; and the City of Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco, Washington 99301; and the City of Connell, a municipal corporation with its principal offices located at 104 E Adams Street, Connell, Washington 99326 -1200; and the City of Mesa, a municipal corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343; and the City of Kahlotus, a municipal corporation with its principal offices located at E 130 Weston, Kahlotus, Washington 99335; hereinafter all the aforementioned cities referred to as "CITIES." This Agreement is entered into by the COUNTY under the authority of RCW 36.32.120, RCW 36.22.179, and Chapter 43.185C RCW. This Agreement is entered into by the CITIES under authority of RCW 36.22.179 and Chapter 43.185C RCW. This Agreement is in conformity with Chapter 39.34 RCW, the Interlocai Cooperation Act. To cant' out the purposes of this Agreement and in consideration of the benefits to be received by each party it is agreed as follows: Sec. 1. Purpose, The purpose of this Agreement shall be to provide for the collection, administration, and expenditure of RCW 36.22.179 funds to accomplish the INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, �� �� 532 THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS PAGE 1 OF 10 purposes of chapter 484, Laws of 2005, RCW 36.22.179, and Chapter 43.185C RCW in the COUNTY'S and CITIES' providing of local homeless housing programs/plans. See. 2. Parties: The parties to this Agreement shall be Franklin County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus. Sec. 3. Tenn: This Agreement shall be for ten (10) years from the date of execution unless any party elects to terminate the Agreement. Renewal of this Agreement shall be by separate written agreement of the parties. Sec. 4. The COUNTY shall: 1) By resolution approve and operate a homeless housing program/plan as authorized per Chapter 43.185C RCW. 2) File the homeless housing program /plan with the State of Washington Department of Community, Trade, and Economic Development. 3) Collect all RCW 36.22.179 funds. 4) By ordinance create a Homeless Housing and Assistance Fund or Account for deposit of the specified percentage of RCW 36.22.179 funds detailed in Section 4(5xii) of this Agreement. 5) Administer all collected RCW 36.22.179 funds in the following sequential order as follows: i) Retain two percent (2 %) of all collected RCW 36.22,179 funds as a COUNTY collection fee. ii) Deposit sixty percent (60 %) of the remaining balance of collected RCW 36.22.179 funds into a created Homeless Housing and Assistance Fund or Account to be used by the COUNTY and CITIES to accomplish the purposes of chapter 484, Laws of 2005. iii) Shall have the discretion to use six percent (6 %) of the balance of the Homeless Housing Assistance Fund or Account for COUNTY administrative costs related to the homeless housing program/plan. IV) After satisfaction of the requirements of Sec. 4(5)(i) -(iii) of this Agreement, shall use the remainder of the Homeless INTERLOCAL AGREEMENT 9ETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS PAGE 2 OF 10 Housing Assistance Fund or Account balance to accomplish the goals of the homeless housing program /plan per the requirements of RCW 36.22.179, Chapter 43.185C RCW, and this Agreement. v) Remit the remaining portion of collected RCW 36.22.179 funds not deposited in the Homeless Housing Assistance Fund or Account to the state treasurer for deposit in the state homeless housing account. 6) As permitted by Section 4(5xiii) of this Agreement and RCW 36.22.179, shall enter into a separate Professional Services Agreement with the Benton - Franklin Community Action Committee (CAC) to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program /plan, Compensation to CAC in the Professional Services Agreement shall be a COUNTY administrative cost in an amount not to exceed six percent (6 %) of the balance of the Homeless Housing and Assistance Fund or Account as determined by the COUNTY. 7) Abide by the terms of this Agreement. Sec. 5. The CITIES' shall: 1) Each by resolution shall individually elect to join and support the COUNTY approved homeless housing program /plan as authorized per Chapter 43.185C. The CITIES shall each provide a copy of their resolution to the COUNTY on or before December 15, 2005, 2) By executing this Agreement, agree with the use and compensation of CAC per Section 4(5xv) of this Agreement to organize and support a local homeless housing task force to facilitate the creation of the local ten (10) year homeless housing program /plan. 3) Abide by the terms of this Agreement. Sec. 6. Mutual Cooperation: All parties to this Agreement agree to provide mutual cooperation and make good faith efforts to assist one another in fulfilling the terms of this Agreement. Sec. 7. No Property Acquisition or Joint Financing: This Agreement does not provide for the acquisition, holding, or disposal of property. Nor does this Agreement contemplate the financing of any joint or cooperative undertaking. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS PAGE 3 OF 10 Sec. 8. Termination: Notwithstanding any other provision of this Agreement, any party may terminate this Agreement anytime upon ninety (90) days written notice of intent to terminate, with the termination to become effective upon expiration of ninety (90) days from the notice of termination date. Such notice of termination shall be by appropriate action of the elected governing body of the terminating party and shall be provided to all parties subject to this Agreement. Termination date shall be the date upon which the elected governing body of the terminating party took formal action to terminate this Agreement. Sec. 9. Notice: Any formal notice or com Agreement shall be deemed property given, prepaid and addressed: To: Franklin County To: Attn: County Administrator 1016 North 4th Avenue Pasco, WA 99301 To: City of Connell 104 E Adams Street/ P O Box 1200 Connell, WA 99326 -1200 To: City of Kahlotus E 130 Weston /P O Box 100 Kahlotus, WA 99335 munication to be given under this if delivered, of if mailed postage City of Pasco 525 North Third Pasco, WA To: City of Mesa 103 Franklin Street/ P0 Box 146 Mesa, WA 99343 Sec. 10. Independent Contractors: The parties and their employees or agents performing under this Agreement are not deemed to be employees, officers, or agents of the other parties to this Agreement and shall be considered independent contractors. Sec. 11. Record Keeping, All parties to this Agreement shall maintain books, records, documents, and other evidence that properly reflect all costs of any nature expended in the performance of this Agreement. Such records shall reflect financial procedures and practices, participant records, statistical records, property and materials records, and supporting documentation. These records shall be subject at all reasonable times to review and audit by the parties to this Agreement, the Office of the Washington State Auditor, and other officials so authorized by law. Sec. 12. Non - Discrimination: All parties to this Agreement certify that they are equal opportunity employers. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS PAGE 4 OF 10 Sec. 13. Liability: Each party to this Agreement shall assume the risk of, be liable for, and pay all damage, loss, cost and expense of its officers, officials, and employees arising out of any duty performed, or not performed, while acting in good faith within the scope of this Agreement. Sec. 14. No Third -Party Beneficiaries: The parties to this Agreement do not intend by this Agreement to assume any contractual obligations to anyone other than the parties to this Agreement. The parties do not intend that there be any third -party beneficiaries. Sec. 15. Assignment: No parties to this Agreement shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other parties. Sec. 16. Amendments or Modifications: This Agreement may be amended, altered, or changed in any manner by the mutual written consent of all parties. Sec. 17. Waiver: No waiver by any party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of the same or a different provision of this Agreement, Sec. 20. Severability: If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect. Sec. 21. Administrator Designee For This Interlocal Cooperation Agreement: The Board of Franklin County Commissioners is designated as the administrator responsible for overseeing and administering this Agreement which provides for a joint and cooperative undertaking. Sec. 22. Filing: Copies of this Agreement, together with the resolutions of all the parties' governing bodies' approval and ratification of this Agreement, shall be filed with the Franklin County Auditor and the Secretary of the State of Washington after execution of this Agreement by all parties. Sec. 23. Counterparts: This Agreement may be executed by facsimile and in any number of current parts and signature pages hereof with the same affect as if all parties to this Agreement had all signed the same document. All executed current parts shall be construed together, and shall, together with the text of this Agreement, constitute one and the same instrument. INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL. THE CITY OF MESA, ANO THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 6 OF 10 Sec. 24. Effective: This Agreement shall become effective upon approval by the parties and recording with the Franklin County Auditor. DATED this _ day of 200 BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY, WASHINGTON H. Brock, Chairman Neva J. G6*ru6, Chalrrnan Pro Robert E. Koch, Member Attest: Clerk cIfAhe Board Approved To Form; Ryan C. Verhuip Deputy Prosecuting Attorney INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO. THE CITY OF CONNELL. THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMSIPLANS PAGE 6 OF 10 Approved As To Form: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, THE CITY OF CONNELL. THE CITY OF MESA, AND THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS PAGE 7 OF 10 AGENDA REPORT FOR: City Council May 8, 2012 TO: Gary CrutchfI Manager Workshop Mtg.: 5/14/12 Regular Mtg.: 5/21/12 FROM: Robert Metz2e Chie of Police SUBJECT: Interagency Agreement for Summer School Services I. II. III. IV REFERENCE: Proposed Interagency Agreement ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 5/14: Discussion 5/21: MOTION: I move to approve the Interagency Agreement with the Pasco School District for summer school services and, further, authorize the Mayor to sign the agreement. FISCAL IMPACT: Pasco School District Funds - $9,938.88 HISTORY AND FACTS BRIEF: A) School Resource Officers (SRO) are full -time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2012 Summer School at Pasco High School. Normally, SRO services are not provided during summer months. The School District has summer school programs at Pasco High School, Chiawana High School, and New Horizons High Schools. As a proactive measure, the School District has requested SRO's services for up to eight hours each day of summer school. There are 20 summer school days from June 18 to July 13. SRO's are assigned to work normal patrol duties when school is not in session. B) The proposed Interagency Agreement is effective June through July 2012, and provides two School Resource Officers for the 2012 Summer School. The School District will reimburse the City for the salary and fringe benefits costs for two officers during 20 days of summer school. C) Staff recommends approval of the attached proposed agreement. 4(e) INTERAGENCY AGREEMENT between Pasco School District No. 1 and City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement, This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to 1. Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 5 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti - Harassment and Bullying Project and other intervention and prevention efforts by the District. It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign two full -time uniformed police officers for eight consecutive hours each day from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific schools June 18 — July 13, 2012 (except July 4, 2012) in accordance with the following schedule. 1. New Horizons High School: June 18 —July 13, 2012 Monday — Friday 2. Chiawana High School: June 18 — July 13, 2012 Monday — Friday 3. Pasco High School: June 18 — July 13, 2012 Monday — Friday One SRO will be assigned to Chiawana High School beginning June 18". The second SRO will cover duties at the remaining schools for the first full week of classes. The second SRO will be assigned to Pasco High School beginning June 18. Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on -duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; Interagency Agreement between Pasco School District No. I and the City of Pasco. Page 2 of 5 e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 18, 2012 and be completed on July 13, 2012 with July 4 scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section 1.a. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for (estimated) 232 hours as follows: a. For June 18, 2012 through July 13, 2012, an estimated total of nine thousand nine hundred thirty eight dollars and eighty eight cents ($9,938.88). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current estimated wage rate with benefits is $42.84 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non - discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. Interagency Agreement between Pasco School District No. I and the City of Pasco. Page 3 of 5 In the event of non - compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five -year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non - criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and /or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. Interagency Agreement between Pasco School District No. I and the City of Pasco. Page 4 of 5 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to cant' out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street, Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue, Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. In Witness whereof, the parties have executed this agreement effective this day of 2012. City of Pasco: Matt Watkins, Mayor Attest: Debbie Clark, City Clerk Approved as to Form Leland Kerr, City Attorney Pasco School District No. 1 Sherry Lacon, President, Board of Education Saundra L. Hill, Superintendent John Morgan, Executive Director, Operations Sarah Thornton, School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 5