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HomeMy WebLinkAbout2012.09.10 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. September 10, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Recreation Services Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented by Carleen Hanscom, Recreation Services Manager. (b) Code Enforcement Survey Discussion: 1. Agenda Report from Rick White, Community & Economic Development Director dated September 6, 2012. 2. Survey. 3. Survey Results and Comments. 4. Graphs of Population, Occupied Properties and Staffing Levels. (c) Interlocal Agreement for Emergency Management Services: 1. Agenda Report from Gary Crutchfield, City Manager dated September 5, 2012. 2. Proposed Interlocal Agreement. 3. 2013 Schedule of Local Assessments. (d) Lewis Street Property Acquisition: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 5, 2012. 2. Vicinity Map with Subject Parcels Highlighted. (e) Street Closure Requests: 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 6, 2012. 2. Proposed Revision to Special Events Approval Process. (f) Lodging Tax Advisory Committee Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated September 5, 2012. 2. Resolution No. 2314. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. ADJOURNMENT REMINDERS: 1. 12:00 p.m., Monday, September 10, Pasco Red Lion - Pasco Chamber of Commerce Membership Luncheon. (Presenter: Chris Strow, Executive Director, US Chamber of Commerce Northwest Region) 2. 5:30 p.m., Monday, September 10, City Hall, Conference Room #1 - Reserve Officer's Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 3. 10:00 a.m., Tuesday, September 11, Senior Center - Senior Citizens Advisory Committee Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 4. 2:00 p.m., Tuesday, September 11, BF Health Department - Continuum of Care Task Force Meeting. ( COUNCILMEMBER AL YENNEY) 5. 7:00 a.m., Thursday, September 13 - BFCG Tri-Mats Policy Advisory Committee Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 6. 7:00 p.m., Thursday, September 13, Transit Facility - Ben - Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council September 6, 2012 TO: Gary Crutch fie anager Workshop Mtg.: 9/10/12 FROM: Rick White, C munity & Economic Development Director �,V f SUBJECT: Code Enforcement Survey Discussion vl I. REFERENCE(S): 1. Survey 2. Survey results and comments 3. Graphs of population, occupied properties and staffing levels IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/10: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In presenting results of the National Citizens Survey (conducted in the fall of 2011), staff noted the percent of respondents rating Code Enforcement services as "Excellent' or "Good" had declined over the last three surveys (39% in 2007; 30% in 2009 and 27% in 2011). Hoping to identify more specific reasons for the ratings drop, staff prepared a written survey instrument which was distributed in every 10th utility bill for the month of June. With a total of approximately 1,500 surveys sent out. The City received 175 completed surveys, which, in staffs opinion represents a very good response rate, considering the effort required to produce and distribute the survey. B. In the June 2012 survey, 52% of respondents indicated code enforcement services as "Excellent" or "Good" ( "Excellent' @ 12% and "Good" @ 40 %). The June survey also indicated that 47% of respondents indicated the services were "Fair" or "Poor" ( "Fair @ 27% and "Poor" @ 20 %). Of those indicating "Fair" or "Poor," about one -half (52 %) believed that there was "Not Enough/Not Apparent' code enforcement. C. The written responses received through the survey also suggest that those dissatisfied with code enforcement efforts generally believe there are un -kept properties needing enforcement that have not received it. V. DISCUSSION: A. Code Enforcement is responsible for a wide array of enforcement issues. These include property nuisances, housing code violations, mobile and itinerant vendor monitoring, noise complaints, dust control, business license enforcement and rental inspections. Code Enforcement staff also renewed annual enforcement efforts for unlicensed dogs in 2009 which involves considerable staff attention during the months of March, April and May. B. By far, the most common enforcement issues involve general property nuisances such as excessive vehicles on a property or stored on the street, outside storage of junk or debris and lack of property or building maintenance. C. The city currently employs 3 code enforcement officers. One of these officers is fully devoted to the rental inspection program. One officer is fully devoted to the properties in Census Tracts 201, 202, 203 and 204 (generally properties east of US 395) due to funding through the Block Grant Program, and one officer provides services to the remaining properties west of US 395. 4(b) D. In order to provide additional enforcement resources and address the most common point of dissatisfaction, the following options have been developed: Reduction of the week -end patrol. This was originally set up to provide enforcement of the City's dust control measures for new construction projects and was particularly needed during the period of explosive growth between 2002 and 2007. It may be possible to discontinue the week -end patrol — particularly in the fall and winter. This option could add up to 8 hours per week in additional enforcement productivity at no additional cost; however it would reduce other off -hour enforcement. Examples of off -hour enforcement issues are informal car sales at busy intersections, week -end itinerant vendors and unpermitted minor construction (fences or sheds). • Redistrict and reallocate officers. This would revise the officer allocation described in Discussion "C" above so that the existing three officers would each be responsible for all enforcement efforts (rentals, property nuisances, license enforcement...) in a given set of districts. This option could add approximately 200 hours in additional enforcement productivity per year at no additional cost. Increase the number of code enforcement officers to four total. This would bring staffing back to 2006 levels and would be used in conjunction with one or both of the options described above. It is expected that any additional staffing resource would be devoted to systematic and proactive enforcement efforts aimed at entire neighborhoods. This would also add one FTE in additional cost (approximately $50,000 per year). F CITY OF PASco ulllll������I�IIIIIIIIII�������IIIUu You have been randomly selected for a survey on the City's Code Enforcement and Animal Control services. Your opinions are very valuable as the City looks to improve its services to the public. Please take a moment to fill out this short survey and return it in the provided envelope by June 30. If you have any questions about this survey, contact Deputy City Manager Stan Strebel at (509) 545 -3485. Thank you! Code Enforcement investigates citizen complaints and identifies others through proactive inspections. Some of the most common code violations pertain to weeds, accumulations of waste or garbage materials, blowing dust, obstructions to public rights -of -way, potential fire hazards, zoning code and sign code requirements, business license requirements and portions of the noise ordinance. Code Enforcement also oversees the city's Residential Rental Program. A rental dwelling license is required for all rental properties, including single family homes. 1. Have you had any direct experience with Code Enforcement in the last three years? Yes No 2. Please rate the City's Code Enforcement service (even if you have had no direct experience with it recently) _ Excellent Good Fair _ Poor _ No Opinion 3. If you indicated "Fair" or "Poor" on the City's Code Enforcement service, what is the primary reason for your dissatisfaction? _ Not enough enforcement /Enforcement not apparent —Too much enforcement _ I felt I was unfairly targeted by Code Enforcement _ Other /Additional Comments 4. If you indicated "Excellent" or "Good" on the City's Code Enforcement service, what is the primary reason for your satisfaction? _ City neighborhoods look clean and well -kept _ Code Enforcement is responsive when I call — Other (please specify) Tri Cities Animal Shelter and Control Services performs contract animal control services for the City of Pasco, including: Enforcement of Pasco Municipal Code (Title 8, Animal Control), complaints and referrals regarding animal control, apprehension and impound of stray dogs and cats, distressed animals, Pasco random patrols, and pet adoptions. 5. Have you had any direct experience with Animal Control in the last three years? _ Yes No 6. Please rate the City's Animal Control efforts (even if you have had no direct experience with it recently) _ Excellent _ Good _ Fair _ Poor _ No Opinion 7. If you indicated "Fair" or "Poor" on the City's Animal Control service, what is the primary reason for your dissatisfaction? —Too much control _ Licensing fees too expensive _ When called, Animal Control takes too long to respond _ Animal Control not on -duty when needed _ Other /Additional Comments: 8. If you indicated "Excellent" or "Good" on the City's Animal Control service, what is the primary reason for your satisfaction? _ Animal Control is responsive when I call _ Loose animals in the City are kept to a minimum _ Other (please specify): 9. Do you have additional comments about the City's Code Enforcement and /or Animal Control services? THANK YOU for helping improve our community! uuesuon Have you had any direct experience th Code Enforcement in the last three Yes 1 511 29% No 1 123 71% Total Responses, #1 1 174 Please rate the City's Code Tabulated percentages forcement service (even if you have excluding "No Opinion" d no direct experience with it recently) responses: Excellent 15 Good 51 Fair 35 Poor 26 Total 129 If you indicated "Fair" or "Poor" on the ty's Code Enforcement service, what is a primary reason for your 4. If you indicated "Excellent" or "Good" on the City's Code Enforcement service, what is the primary reason for your satisfaction? Responses with "No Opinion ": 1 49 All Responses, #2 1 176 i Not enough 40 56% enforcement/Enforcement 16 22% not apparent 41 52% Too much enforcement 5 6% 1 felt I was unfairly targeted by Code Enforcement 6 8% Other /Additional Comments 27 34% City neighborhoods look clean and well-kept 40 56% Code Enforcement is responsive when I call 16 22% Other leasespecify) 16 22% Total Responses, #4 72 5. Have you had any direct experience with Animal Control in the last three years? Yes 57 33% No 118 67% Total Responses, #5 1 175 6. Please rate the City's Animal Control Tabulated percentages efforts (even if you have had no direct excluding "No Opinion" experience with it recently) responses: Excellent 161 13% Good 461 38% Fair 261 22% Poor 32 27% Total 120 100% Responses with "No Opinion": 49 29% All Responses, #6 169 7. If you indicated "Fair" or "Poor" on the City's Animal Control service, what is the primary reason for your dissatisfaction? Too much control 2 2% Licensing fees too expensive 9 10% When called, Animal Control takes too long to respond 22 25% Animal Control not on -duty when needed 22 25% Other /Additional Comments: 32 37% Total Responses, #7 87 8. If you indicated "Excellent" or "Good" on the City's Animal Control service, what is the primary reason for your satisfaction? Animal Control is responsive when I call 14 21% Loose animals in the City are kept to a minimum 41 62% Other leasespecify): 11 17% Total Responses, #8 66 9. Do you have additional comments about the City's Code Enforcement and /or Animal Control services? Responded (see below) 1 52 Written Responses to #3 Dissatisfied with Code Enforcement): Code Enforcement - Grass - Weeds - Some Businesses have to plant grass - others use rock or nothing - weeds? 1. Be more proactive - many areas in W. Pasco are degrading 2. Get the word out on "What are the homeowners res onsibilites" Letters are threatening, not informative It took several calls before any action took place - problem with Aho Construction failure to control blowing sand - currently have need for clean up behind my home. Some Neighborhoods look clean, some are awful. Code Enforcement very kind but not aware of the reason behind the code. They do "not" enforce barking dog ordinance Loud car stereo blaring I have had relatives unfairly targeted when neighbors were far worse - almost like harassment. Code enforcement appears to "target" easy offenders while by passing more severe problems. People do not purchase garage sale licenses. A Pasco police officer laughed when I said I purchased one for my sale. I have a friend on Nixon and the neighbor behind her house on Sylvester has a very large open unkept field with piles of tree shavings and occasional parked vehicles. Call to the city continue to be ignored. house on road 40 in need of cleaning up again (between Ella & Pearl) Staff member was not very friendly and I had no problem with the violation - knew it needed to be cleaned up. Barking dogs - city doesn't give a s * *t! I was targeted by neigbors have not had to get permits for fences like I had to. Not enough residential construction dust control Not realistic treatment for violation on animal license violation. Felt like a criminal with little notice. They do not respond to all the reports or return your phone call My neighbors fence is falling into my yard due to garbage but no action Very Poor - Wrong people unjustly targeted! I live across the street from a house that has a speaker system to blast Hispanic "cowboy" music at full decibel. When I've called the Police about 9 -10, 1 get "they are allowed to have music ". I defy anyone in city government to put up with it - as neighbors we can't use our own patios within the block as you can't speak normally over the music. I live in a brick house, and d * *n bass makes my windows vibrate - but no help from the city. Pasco is a dirty, garbage & trash laden town - parking lots are full of whatever falls out of the car. When utility bills go out there should be some instructions about how garbage should be properly bagged or crated, not piles those trash they expect someone else to pick up. It's a state law to have a garbage sack in your car. Inconsiderate citizens cause blow -ups of tempers. I think certain areas of Pasco are better policed - but in middle class /poor neighborhoods the rules are ignorned & not enforced. "Fair" does not mean dissatisfied. Warnings not followed through on but Code Enforcement responsive when I call I have neighbors with poorly maintained fences near mailbox & has a dog that poses safety problem. The house is on the corner of Suffolk & Mustang. I also have a neighbor whose backyard is keddy corner to mine who has repeatedly violated noise ordinance. My neighbor to my left has called in more than once with no relief. City was notified when they came door to door about animals owned - nothing was done where neighbors has 4 dogs. I called 2 times to the graffiti hot line about graffiti between 6th & 7th Agate & Pearl on a cement block fence. It is still there. Too many work vehicles, boats, RV parked too long on streets. They never give you enough time to complete repairs. They backdate the letters they send out and you end up being lucky if you have a week. They need to come enforce themselves on our neighbors - Bringing the entire street value down. Written Responses to #4 (Satisfied with Code Enforcement): They have been very helpful and easy to talk to. Took their time to explain everything. The explanations were clear and easy to follow. I have heard & seen many letters regarding cleaning up yards Watch the Code Enforcement hearings on TV. Need to enforce problem address 421 S. 25th Ave. - truck in front yard - no engine - 9 years My daughter is home from Tacoma for the summer and just commented on how clean everything is kept! Watch the Board on TV & appreciate their hard work to keep city clean They answer emails & questions about codes and enforce codes. We appreciate the emails about potential wind storms. Enforced situation with neighbor whose front yard had tackweed encroaching on the sidewalk. Still has pile of gravel in driveway. We just bought our first house and haven't fully experienced much of the services yet. Written Responses to #7 (Dissatisfied with Animal Control): Neighbors are scofflaws - owners w /chronic pet problems should be court ordered for appropriate fencing Would not listen to explanations Problem still exists Too many dogs roaming residential neighborhoods - what happened to the "leash law "? Always too many cats around. Dogs everywhere. No collar - in the street When turning in animals of uncertain origin without identification I am confronted with absurd documentation requirements Animal control won't take stray cats without charging you a high fee for each cat. People on Social Security can't pay to keep someone elses strays. Feed them one time and their yours. Not fair to animals or people. Need to have free spay & neuter in Tri- Cities. Other towns have it. Too many animals, especially cats, allowed to roam free with little to no control. Too many dogs running loose in my neigborhood. Especially small ones. Even though Animal Control comes out and talks to my neighbors at 6305 Thistledown Drive, their dogs are still running loose, barking after 10:30pm and using my front lawn to defecate. Wish they would patrol early morning for stray dogs They have gone home, don't answer phone Won't pick up stray cats /dogs when needed to The city doesn't have anyone to even take care of the animal shelter like it should be. There is ill cats especially and dogs & no money (supposedly) for a vet. How can a dog catcher be put to work if the city does this to our animal shelter ?? Also, there are animals loose at times on Sylvester from 4th to overpass. When it is time for licensing, they are right here. In the last 3 years, my husband has been chased twice by pit bulls. After one incident, somebody was attacked and hurt. Not sure if it was the same dogs, but there shouldn't be a question. Too many dogs running loose - leash law not enforced enough. All citizens need to be made aware of the ordinance - maybe especially in Spanish. Lots of stray cats I don't like letters about dogs & cats that do not belong to me No experience Failure to respond! "Not their duty" There is never a person - only get a recording & by the time they respond - animal is gone. I live surrounded by 4 pit bulls and I wonder if they are licensed & tested. Also in the same houses are 6 "yappers" - these dogs use my front yard every a.m.!! I have seen these dogs take after kids on bikes, moms with strollers, etc. I have called animal control - not much happened. I finally had to build additional fencing to keep the dogs out of my back yard - hunting cats. (I got a permit to build - I don't think others did who followed suit - does the city keep track of that? Cats are an uncontrolled problem they c * *p in our yard and gardens In my opinion they're a health hazard. "They" being all neighborhood cats Tired of all the loose animals running around the neighborhood One time was 30 days before they responded. Many free - roaming dogs in downtown /east Pasco. Any patroller would notice the dogs. This tells me there is no one patrolling. Too many dogs running the neighborhood Too long of response time and only normal work hour patrol 8:30 -4:30. Too many little dogs running around neighborhoods around Mya Angelo School area Does not respond when services are needed at Pasco Schools. (says would take too long to get there to take care of stray animals.) Dogs have been let to the owner's poor policies too often - no enforcement Harassing, not accurate with their records was harassed by visits & phone calls when dogs had been licensed. They don't have their processes in order. No officers available when called or after normal business hours. My kids have lost both of their kittens. City of Pasco came around our neighborhood licensing dogs. The man knocked on my door with a lit cigarette in his hand, so when I opened the door all his smoke came in my home. I was not happy!! If they smoke it should not at at the front door of in front of any residence. Written Responses to #8 (Satisfied with Animal Control): Overall was ok with results I do not see many loose dogs in my area of Road 37/ Sylvester As noted above, the next door neighbors pay no attention to the animal control codes! Animal control does a great job with the resources that are available to them. Seem to have the desire to have all dogs registered. News that the City continue to track pets by visiting home has increased licensing. Animal control check for pets licensed They are doing the best they can in an old building with limited resources. I have not seen any strays in my area. Took stray cat to the Animal Shelter - not ours. They came to the rescue - lost dog However, where we take walks in our 7th Street area, there are always loose dogs. Between Agate & Pearl. Adopted a dog The dogs we seem to have a problem with happen before gam usually. By the time we get a hold of them the dogs are gone. Otherwise we have been hap w /Animal Control. Written Responses to #9 (Additional Comments): Animal Services - Have not seen loose animals, must be doing a good job Weed Control - Different rules for different people, or not enforcing codes? Some streets have weeds, some have rock, some have grass. I was told 60% street side was to be in vegetation not rock or weeds Relax a bit Just moved in; no experience yet Need to increase staff (Animal Control) I have called to report blowing dust from a construction site - absolutely no response. There are some areas in the older sections of Pasco that could use some cleaning up. Too much junk around. Speed limit reminders (signs) may help in my neighborhood since we have too many speeders. Animal Control- shouldn't be any fees Code Enforcement - Municipal Code is restrictive and not comparable to Richland and Kennewick. No wonder there are No Annex signs! Code should be revised! Fees reviewed and inspectors aware of the REASON behind the rules. Code is also inconsistenly applied, as admitted by city employees. Known that some residents have no permit but are NOT sent a NOTICE OF CORRECTION but others are. Why do you offer multiple choice favorable comments but offer "no" "unfavorable comment" choices. I would like to see a new and improved shelter I know its very difficult with all the pay cuts over all keep up your hard work! We just moved from Kennewick to Pasco. Is there ever information sent out about our current codes and regulations and what they say? I haven't called to complain yet but there are two homes right across from my home in the alley that certainly should be cleaned up. They both face Shoshone St. on is on the corner of 18th St. There are weeds and junk that needs to be cleaned up. The next house is a rental and there are old mattresses & frames out back of the shed. Plus the yard needs mowing. Our neighborhood has owners who let their dogs run at night and use our yard as their "potty ". Also, our paper lady claims she was bitten while delivering our paper at 3 -4am. Animal Control should be out on street by 0600am. The strays are out by 0530. 1 volunteer at Lourdes and almost every day there are small dogs running loose - from 14th to 4th St. Especially close to the park. People must let them out to pottie in the park & HOPE they make it home safely! - They can't do a good job if there's not funds! We are great animal lovers and take excellent care of our many pets. The animal shelter does good, much needed work. The city should aid them in a program to deal better with aggressive dogs. I wouldn't mind some of my tax dollars going that direction. Thanks Code Enforcement in Pasco does a great job - Necessary function of City - Better than neighboring cities There are so many intersections where you can't see cross traffic due to walls & plants until driving way past the white stop line. I see a lot of dogs running around loose and without tags. My two dogs are licensed, everyone else's should be too. The city should cite home owners with unkept yards because they make the neighborhoods look ugly. Please check the Sylvester Road location between 30 -40th (unsure of exact St #) open field on north side that remains unkept. Too many animals loose in our neighborhood. Always the same dogs from the same houses. I think they need more animal control. I see dogs running loosed on Sylvester & 20th, and downtown all the time. Barking dogs are they real? More research should go into deciding wether or not to give stop work orders when it may be your neighbors work. Not yours. A lot of homes in the central city of Pasco have dead lawns & fields for lawns, esp. around Sylvester Park area & Pasco High area & over grown or dead evergreens all in front yards & too many cars per house, there should be a limit of how many cars one house can have, theres nos ace for others to park at their home Animal control needs to be disbanded /closed - Code enforcement "targets" residents - reason to sell all property and leave Pasco What happened to a "patrol dog catchers" - Pasco neighborhoods are full of cats and dogs that mess the whole neighborhood. Fines should be so high that it makes owners nervous. (I have a garden box which I had to replace three times in various areas before I put enough spikes in it to keep the cats out, using it as a litter box.) Annexing the "doughnut hole" would certainly simplify animal control services, among many other services. Some people in our neighborhood allow their dogs to run freely and the owners do not pick up the dog droppings. Loud music not enforced in a way to deter. Dogs run rampant, not on leash, c * *p in my yard. Vehicles with loud music up and down Pearl St. Music in area so loud cannot enjoy being outside on deck. Area needs to be policed for campers, motor homes, trailers, and boats parked on the street for extended periods of time. I have absolutely no experience with this in any way. Sorry. The man that came was very courteous & caring for the dog. Should enforce the vehicle per house. There's tons of cars parked on the streets and driveways. Sorry, I'm not much help. Lived in Pasco 3 weeks only! I think its good that these codes and services are in place! Bought a boat and parked it on the street while my driveway was extended. I was immediately sent a letter, seemed excessively quick. The boat was only on the street 3 weeks (total time). My concern is the neighbors & visitors in the driveway but across the sidewalk. Is this an enforcement issue? Linda Loviisa - Des Monies Lane & Salem. City need harsher penalties for construction (except sheds) w /out a permit. Over the last several years, there has been a definite decline in fulfilling the vision and mission to substain the maintenance standards and improvement of our community. Vacant lots and buildings are overgrown and littered throughout the city. Even some active buisnesses fail to maintain their property. Yard sale boxes and signs are left all over the city. A limited number of taco trucks were orginally permitted to park in specific areas of the city. Currently, they are all over east and central Pasco, making an unpleasant sight. In conclusion, I am hopeful that our city leaders will initiate a campaign to clean up Pasco neighborhoods and restore the pride. Random after normal work hours patrols needed - such as 5am -8am and 8pm -10pm. Need to have the older homes cleaned up more Do random drive by patrols Get some control Give more time or stop backdating letters you send out. I can read the postmarks, it doesn't take 6 weeks to go from Pasco to my house. Animal control need to have better record keeping skills and communicate with other areas where pets may be licensed. Problem dogs called in, yet they still run loose, even when told address of owner. Come meet my neighbors.:) Too many dogs let loose; too many dead cars ■eai ZW TTOZ OTOZ 6002 Soot LOOZ 9002 Z Z Z Z Z - c c um�aaQsairy�wgcs Fa�caa+„ga ap�am �ousaoQp ,sjaaujo Iuamaodo ;u3 apo:) TEIol aca; ZIOZ IIOZ GIN 6002 SOOZ LOOZ 90OZ 0 000`Z 000'17 000`9 000`S 000`OI Own OOO`t T Sh4`17I st 17t 000 °9i 6617'9T ?hL'[T SLZ`ST - 000`S[ (Ppiammoz) S ieuuapisim) sawodua paidm30 ZTOZ ITOZ OIOZ 6002 SON LOOZ 9002 000017 . Oof`9S 0o0`T9 OL9`Z9 nouelndod iNi N w - 00009 OT9'L17 0iZ`OS - OOOSS 4 41VA - 00099 TO: City FROM: Gary SUBJECT: Inter I. REFERENCE(S): AGENDA REPORT Manager September 5, 2012 Workshop Mtg.: 9/10/12 Regular Mtg.: 9/17/12 br Emergency Management Services 1. Proposed Interlocal Agreement 2. 2013 Schedule of Local Assessments II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/10: Presentation by FCEM Director, Sean Davis Discussion 9/17: MOTION: I move to approve the Interlocal Agreement for Emergency Management Services and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Approximately $10,000 annually IV. HISTORY AND FACTS BRIEF: A) State Law (RCW 38.52) requires all cities and counties in the state of Washington to establish a local emergency management program so as to assure that all citizens are afforded the prescribed level of emergency preparation at the local level. RCW 39.34 (Interlocal Cooperation Act) further authorizes cities and counties to jointly exercise their responsibilities through an interlocal agreement. Franklin County and the four municipalities within the county (Pasco, Mesa, Connell and Kahlotus) entered into an interlocal agreement in the late 1980s to create the Franklin County Emergency Management Agency. That agreement has been updated several times over the course of the past 20+ years and the current agreement expires at the end of 2012. B) The proposed agreement will continue the existing agency in the same fashion it has existed for the past 20 years. The financial provision (Section 8) remains the same; that portion of the operating budget not covered by grants from state or other agencies must be provided by the participating jurisdictions based on their respective share of the county -wide population. This means Pasco pays approximately 75% of the local assessment for the operating budget. V. DISCUSSION: A) The proposed agreement is essentially the same as the expiring agreement and will extend the agency through December 2020. The city would likely spend more than $10,000 annually if it were to operate its own emergency management function. Staff recommends Council approval of the interlocal agreement. 4(c) FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 EMERGENCY MANAGEMENT ORGANIZATION INTERLOCAL AGREEMENT January 2013 — December 2020 THIS AGREEMENT, made and entered into by and between the COUNTY OF FRANKLIN, a political subdivision of the state of Washington, and CITY OF PASCO, CITY OF MESA, CITY OF CONNELL, and the CITY OF KAHLOTUS, all incorporated municipalities of the State of Washington. WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and directs each political subdivision of this state to establish a local organization for emergency management in accordance with the State Emergency Management Plan and Program and, specifically permits the General of the State Military Department to authorize two or more entities to join together in the establishment and operation of a local organization for emergency management; and, WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative agreement; and, WHEREAS, the Board of County Commissioners of Franklin County and the incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to join together to establish and operate a program to mitigate, prepare for, respond to, and recover from, disasters and other extraordinary emergencies, both natural and human caused; NOW, THEREFORE, in consideration of the promises and agreements herein contained, and subject to terms and conditions hereinafter set forth, it is mutually understood and agreed by the parties signatory to this Agreement as follows: Section 1. Definitions. The following terms when used herein are defined as follows: A. "Agency" refers to Franklin County Emergency Management. B. "Board" refers to the Board of Directors of Franklin County Emergency Management. C. "County" refers to the County of Franklin. D. 'Director" refers to the Director of Franklin County Emergency Management. U: T CEM \MOU\FCEM_InterLocalAgrecmnt- 2013 -20. docx Page 1 of 12 E. "Emergency or Disaster" shall mean an event or set of circumstances which: (a) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (b) reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. F. 'Emergency Management' refers to the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from emergencies or damage; resulting from disasters caused by all hazards, whether natural or man-made, and to provide support to search and rescue operations for persons or property in distress. However, "emergency management' does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. G. "Hazard" is a dangerous event or circumstance which has the potential to escalate into an emergency or a disaster. H. "Incorporated Municipalities" refers to the cities of Pasco, Mesa, Connell, and Kahlotus. Section 2. Aeency Established. A. The Agency hereby established by this agreement is to be comprised of the County and the Incorporated Municipalities and shall be designated The Franklin County Emergency Management Agency as defined in RCW 38.52.005. B. The Agency shall commence its existence upon the approval of this agreement by appropriate ordinance or resolution adopted by the Board of Franklin County Commissioners and the Councils of the Incorporated Municipalities, subject to the approval of the State Emergency Management Division. C. Any incorporated city or town within the county may become a participating member of this agency upon the adoption of the resolution by its council to that effect, its agreement to the provisions hereof, and the deposit with the Director of Franklin County Emergency Management, a copy of this agreement duly executed by such city or town. Section 3. Powers and Responsibilities of the Aeency. In accordance with RCW 38.52.070, the agency is designated as the local organization for emergency management for the incorporated municipalities, and shall: A. Operate and have emergency powers as authorized by RCW 38.52.070 and exercise disaster control and coordination through the agency office or through the Emergency U: \FCEM \MOU\FCEM_InterLocalAgreeimu- 2013- 20:docx Page 2 of 12 Operations Center. B. Provide service, equipment, and personnel to the member jurisdictions to assist them with emergency management functions. C. Provide an emergency management organization to coordinate organizational activities and to minimize death, injury, and damages during natural disasters or man- made disasters. D. Coordinate local emergency service planning with the federal government, State of Washington, neighboring counties and states, military organizations, and other support networks. E. Provide for the effective utilization of resources within or from outside the Incorporated Municipalities to minimize the effects of disaster and to request assistance as needed through established emergency service avenues, county to state, state to region, region to national levels. Seek compensation coverage for volunteers who suffer injury or equipment loss or damage as a result of emergency service duty. G. Establish and maintain training and public information programs. H. Identify and develop capability and protection for the population to monitor and decontaminate the effects of radioactivity. I. Develop a system for warning and providing information and instruction to the general public. Perform routine office procedures, correspondence, and inventory. Section 4. Board of Directors. A. Board of Directors is created to directly govern the Agency for the executive heads of the Incorporated Municipalities signatory to this Agreement and to establish policies and to do all things necessary to insure efficient and functional operation thereof. B. The Board of Directors shall consist of seven (7) members as follows: The executive head of the County of Franklin or his or her officially designated representative. 2. One appointee by the executive head of the County of Franklin or his or her officially designated representative. UAK EM W OUT CEM _InlerLocalAgreemnb2013- 20.doex Page 3 of 12 3. The mayor of the City of Pasco or his or her officially designated representative. 4. One appointee by the executive head of the City of Pasco or his or her officially designated representative. 5. The executive head of the City of Mesa or his or her officially designated representative. 6. The executive head of the City of Connell or his or her officially designated representative. 7. The executive head of the City of Kahlotus or his or her officially designated representative. The Director of the Agency shall be the ex- officio, nonvoting member of the Board. C. The Board shall follow the approved By -laws of the Agency. Section S. Powers and Responsibilities of the Director. A. Subject to the direction and control of the Board, the Director shall have direct responsibility for the day to day development, operation, and management of the Agency, including, but not limited to: Implementation of policies, programs, and directives of the Board. 2. Issuance of recommendations and reports to the Board as deemed necessary by the Board. 3. Representation of Agency programs on behalf of the Board in dealings with public and/or private organizations pertaining to emergency services and disasters. 4. Recruitment, development, and training of employees and volunteers in the coordination, advancement, and exercising of an overall Agency effort for the purposes of this Agreement. 5. Maintaining of the Franklin County Comprehensive Emergency Management Plan for the County and its Incorporated Municipalities which conforms to the State Comprehensive Emergency Management Plan and Program. 6. Preparation and submittal to the Board of an annual budget and work program for the Agency. B. In the event of a disaster as defined by RCW 38.52.010(6) or as declared by the U:\FCEM\MOU \FCEM InterLocalAgree ,nnt- 2013- 20.docx Page 4 of 12 Governor of the State of Washington as provided by law, the Director shall be empowered, with the concurrence of the Board: To make and issue regulations and rules on matters reasonably related to the immediate protection of life and property as affected by such disaster, provided, however, such rules and regulations shall be confirmed by the Board at the earliest practicable time. To obtain vital supplies, equipment, and such other properties found to be lacking and necessary for the protection of life and property, and to bind the Agency for the fair value thereof, and, if required immediately to commandeer the same for public use in accordance with law. To acquire emergency services of any officer or employee of the parties signatory to this Agreement, to requisition necessary personnel or material of any County department or agency with concurrence of the Chair of the Board of Franklin County Commissioners or of any city department or agency with concurrence of the Mayor of such city, to command the aid of as many citizens of Franklin County as deemed necessary in the execution of the Director's duties, such persons to be entitled to all privileges, benefits, and immunities provided by State law for registered emergency workers. 4. To execute the special powers conferred upon the Director by this Agreement, or by resolution adopted pursuant hereto, or conferred upon the Director by statute, or by agreements approved by the Board, or other lawful authorities. Section 6. Fund Establishment. A. There is hereby created and established aspecial pooled fund designated the "Franklin County Emergency Management Fund ". It is agreed upon by the parties signatory to this Agreement that said fund shall be administered by the Treasurer of Franklin County. Any and all unexpended Agency monies at year end shall be carried forward into the following fiscal year budget. B . All monies collected and received on account of the Agency, including financial contributions by the parties' signatory to this Agreement in accordance herewith, shall be deposited into said fund. C. The Director of the Agency shall authorize expenditures from said fund in accordance with the Director's Extent of Administrative Authority approved by the Board. Section 7. Budgets. U:\FCEM\MOU\FCEM—InterLocalAgreesunt-2013-20.doex Page 5 of 12 Fiscal year budgets for the Agency shall be prepared by the Director not later than October 30, for the following year, subject to approval by the Board 2. Budgets shall not be approved at any meetings of the Board without at least fourteen (14) days notice thereof to members of the Board. Approval shall be by a simple majority of the voting members of the Board Section 8. Funding. A. Deficit portions of Board approved Agency budgets not funded by grants or gifts shall be funded by contributions paid by the parties' signatory to this Agreement. B. The contribution amounts shall be reviewed yearly by the Board for inclusion into the annual budgets of the parties' signatory to this Agreement and shall be calculated by the following formula: POPULATION OF INCORPORATED MUNICIPALITY DIVIDED BY = % OF DEFICIT PORTIONS TOTAL COUNTY POPULATION FUNDED BY SIGNATORIES C. In the event of an emergency which results in costs to the agency above and beyond the normal, budgeted expenses for operation and administration, such excess costs shall be borne by the party or parties affected by the emergency and promptly remitted to the Agency fund, provided, that the Director of the agency shall obtain approval of the affected parties at the earliest opportunity. If in any case, the Board is unable to agree upon the proper contributions of the parties signatory to this Agreement for the cost of emergency management, the question of such decision shall be referred to the State Emergency Management Council for arbitration and the decision of that Council shall be final and binding upon the parties signatory to this Agreement. Section 9. Propertv. A. For the purposes of this agreement, both monies and property shall be considered a part of the agency fund. B. The Director of the Agency shall maintain the custody and control of all property and equipment acquired by or loaned to the Agency fund. C. The ownership of all property, equipment, or monies acquired by or through the Agency fund on or after the execution of this Agreement shall be shared by the parties' signatory to this Agreement in proportion to the financial and contributed service value of each party in the year of acquisition of such property, equipment, or monies. D. The ownership of property or equipment loaned or contributed for use by the Agency by any party signatory to this Agreement shall remain the property of the loaning or U.\FC EM\M O U1FC EM_InterLocalAgreemnt- 2013- 20.docx Page 6 of 12 contributing party. E. In the event that any party signatory to this Agreement withdraws from this Agreement prior to its termination as provided herein, any property or equipment loaned or contributed by such party shall be returned to such party within ninety (90) days following the date of such party's withdrawal. Section 10. Liability. Liability for Agency operations shall be limited as provided by Chapter 38.52 RCW. Section 11. Compensation Board Established. A Compensation Board if required, shall be established, meet, and perform such duties in the manner authorized and required by RCW 38.52.210 -280. Section 12. Severabilitv. If any portion of this Agreement or its application to any person, place, or circumstance is held invalid, the remainder or application to other persons or circumstances shall not be affected. Section 13. Duration. The duration of this Agreement shall commence upon approval by the Washington State Military Department, Emergency Management Division and thereafter on or after the first day of January, 2013, and shall terminate at midnight on the thirty -first day of December, 2020, unless this Agreement is terminated earlier. Section 14. Withdrawal. Any party signatory hereto may withdraw from this Agreement effective December 31, of any year by providing written notice to the Board at least 6 months prior to the planned termination date. Section 15. Amendments. This Agreement may be amended or extended in duration for additional successive periods by approval of each member agency's legislative body. U: \FC EM\MOU \FCEM _huert-ocal Agreeinnt- 2013- 20.doex Page 7 of 12 COUNTY OF FRANKLIN County Commissioner County Commissioner County Commissioner U:\FCEM\MOUT-CEM—ititerLocalAgreeilmt-2013-20.docx ATTEST: County Clerk to the Board Approved As To Form: Prosecuting Attorney, Deputy Page 8 of 12 CITY OF PASCO ATTEST: Mayor U:\FC EMUMOU\FCEM_InterLoca]Agree=t- 2013- 20.doex City Clerk Approved As To Form: City Attorney Page 9 of 12 CITY OF CONNELL ATTEST: Mayor U: \FCEM \MO U \FCEM_InterLocal Agreemnt- 2013- 20.docx City Clerk Approved As To Form: City Attorney Page 10 of 12 CITY OF MESA Mayor U:\FC EM \MO U \FCEM _ hrterLocalAgreemnt- 2013 -20. docx ATTEST: City Clerk Approved As To Form: City Attomey Page I I of 12 CITY OF KAHLOTUS ATTEST: Mayor U:\FC EM \MOU\FCEM_InterLocalAgreemnt- 2013- 20.doez City Clerk Approved As To Form: City Attomey Page 12 of 12 FRANKLIN COUNTY EMERGENCY MANAGEMENT 502 Boeing Street Pasco, WA 99301 (509) 545 -3546 Fax: (509) 545 -2139 September 4, 2012 MEMORANDUM TO: Franklin County Emergency Management Board FROM: Franklin County Emergency Management (FCEM) SUBJECT: 2013 Local Jurisdiction Assessment 2013 Local Jurisdiction Assessment Jurisdiction Population' % ASSESSMENT MINUS MATCH 2013 NET ASSESSMENT $20,719.09 $10,200.00 $10,519.09 Pasco 62,670 75.96% $15,738.97 $7,748.29 $7,990.68 Franklin County 13,820 16.75% $3,470.76 $1,708.65 $1,762.11 Connell 5,320 6.45% $1,336.07 $657.75 $678.32 Mesa 495 0.60% $124.31 $61.20 $63.11 Kahlotus 195 0.24% $48.97 1 $24.11 $24.86 TOTALS: 82,500 100% $20,719.09 1 $10,200.00 1 $10,519.09 68,680 Incorporated population for the cities 13.820 Unincorporated population for the county 82,500 Total estimated Franklin County Population for 2012 * Population data was taken from the State of Washington, Office of Financial Managements April 1 Population report for 2012 * Does not include expenses incurred for the MCC in 2012 c:\ PoEMWSSessmentl201 ] @Oi2JUtlamcporoASSessmenl 9IM3°12 AGENDA REPORT FOR: City Council TO: Gary Crutch ity Manager FROM: Stan Strebel, puty City Manager4 Y SUBJECT: Lewis Street Property Acquisition i REFERENCE(S): 1. Vicinity Map with Subject Parcels Highlighted September 5, 2012 Workshop Mtg.: 9/10/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/10: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On August 6, Council adopted an Ordinance amending the city's prior Ordinance ( #3968) identifying property necessary for the Lewis Street Overpass. The amendment added one additional property, located at the intersection of Lewis Street and Oregon Avenue, for which partial acquisition is needed to construct the project. With the exception of the additional parcel, negotiations enabling the city to acquire all other parcels needed for the project have now been successful. B) While negotiations are continuing with the representative of the property owner, staff feels it is necessary for the city to take the next step in the process, Council's authorization of initiation of a Petition for Condemnation in Franklin County Superior Court. The petition will provide for the acquisition of the property by eminent domain and for the determination of just compensation. Council authorization at this time will allow for filing with the Court in the event negotiations hit impasse. V. DISCUSSION: A) If Council concurs with this approach, staff will prepare the necessary resolution for approval at the meeting of September 17. 4(d) DNVMN0N3 - sxwA% onena OOSVd 10 ADD 10 I ,,',• -C ; •e Nor r3S> ° FRIO 1" a I 1' r�s . Ilk a a a a C �m O im Ww W a W a 1061§ rorV�aa�o 3 3 3 V 3 3 NNN z 333333 � µNQ .NN W v .1 .J 4 �izonCiu,r» a a I N � b N N ti •� ¢ t t z z V V in � � m Z m m a m V m U• 2� .� Y • �, 3 3 3 �!. � '�, 1 0 0 ,�. .� 1ST'_'''.' 1" a I 1' r�s . Ilk a a a a O 2 2 Ww W 2 W 0 N x 3 3 3 V 3 3 u 3 z 333333 � W v 4 N a a N N N N N ti O ¢ t t z z Z Z z z m Z m m 3 3 3 3 3 3 ry 0 0 0 0 0 N r w N m sry z •� •1 z j z z ti W N a s o o o 0 z z z N N O O N N J O U �Qw €f 0 0 Q o aC et 2 W ¢ e 0 g 0 a a a a a a o i=? o 5 o o o oaioo iZ zF gY Y a 0 u a N a m O O C O W y O O ? C 0 oo > F F > 0 > F F 0 F WW 0 p Q 0 0 0 0 U u uuU Vi -I W St a]] ti ti N N aUUZ� emi N„ .ml .NI el N emi m z o o 0 N m W o W W 0 0 u 0 0 o N N LL W o o °°° 0 a o 0 0 0 0 0 o g 0 0 0 0 0 0 W O H i .m1.mi N M N N N N N N N M m ~ m o a 'L m O N m N b N o 0 N 0 b N o N N o N qU a o 0 9 9 g 9 q 9 q 0 0 F Z ¢ 0 '01,01,01 0 0 ON W V� b 0 0 N X O N p TIT o o „ 0 0 0 0 0 0 Ix lx 0 0 0 0 a � N N m n 0 X 0 0 m m m m m m n n n N n n N n a m n N r >> a 0 a a a a 2 2 2 2 0000 - 333333 � a a a � W ¢ t t z z Z Z z z 3 3 3 3 3 3 3 ry 0 0 N r w N m sry •i M •� •1 .0i ti N N N 0 N z J U z 0 0 Q a 0 z 0 g 0 a a a a r ? i a o i=? N z z z G w a . S > > W p Q 0 0 0 0 0 0 N N N w a]] aUUZ� i m z o o 0 N m W o W W 0 0 u W o 0 N 0 o N N LL W o o °°° j a m 0 W O H i .m1.mi N O O .i M N i ti N N N m m m. m o a 'L m O N m N b N o 0 N 0 b N o N N o N o 0 9 9 g 9 q 9 q 0 0 w n.i V� o o „ 0 0 0 0 0 0 0 0 0 0 0 0 N N m n 0 X 0 m m m m m m n n n N n n N n a m n 0. V¢ m U G W u l9 S_ Y f Z O LL CJ C AGENDA REPORT FOR: City Council TO: Gary Crutchfie4 Manager FROM: Stan Strebel, Deputy City Manager SUBJECT: Street Closure Requests I. REFERENCE(S): Proposed Revision to Special Events Approval Process September 6, 2012 Workshop Mtg.: 9/10/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/10: Discussion — Provide Direction to Staff III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of August 27, Council reviewed and discussed the issues associated with street closure for special events as described herein below. Council's general consensus and direction was for staff to develop a process for review of road closures under the general approach suggested in D)2 below, Pre - Screen Applications. The attached proposed new section to be added to the Special Events Approval Process incorporates: 1. Minimum requirements for all applicants — utilizing the best risk management practices. 2. A committee consisting of the City Engineer, Fire and Police Chiefs (or designees) to review all applications for special circumstances and against specific criteria as listed. 3. Appeal of the committee's decision can be made to the City Manager, as with other appeals on Special Events application determinations. If Council concurs with the approach presented, staff can prepare the appropriate ordinance for the next meeting. A) The City adopted a formal process for review and approval of Special Event permits in 2001. The purpose statement included within the regulations concludes "...for the purpose of regulating those events, which are intended to draw large numbers of people, involve the use of public facilities and to establish a fee required to defray the costs of assuring the public health and safety." B) Special Event applications are often accompanied by requests for temporary street closures in order to accommodate the event. Requests for events range from multi -day community -wide festivals to fairly limited duration block or private parties. C) The Manual on Uniform Traffic Control Devices ( MUTCD) is the standard for traffic control signage, markings, barricades, etc., and provides specific detail on acceptable barricades and methods for temporary street closures. Requiring compliance with MUTCD standards for such closures is an important part in accident prevention and risk management. While large, well- organized events typically have greater resources to access necessary personnel and equipment for proper temporary closures, this becomes more of a challenge for smaller, informal or private groups where a lack of funding, time and experience may contribute to substandard closure methods. Further, because of potential for accidents or liability claims associated with 4(e) temporary traffic control situations, the issues of indemnification and insurance must be considered. Given Council's decision to opt for a high dollar deductible under the City's WCIA liability pool participation, it becomes even more important to carefully manage the potential risk associated with temporary street closures for special events. D) Staff request Council's direction with respect to street closure for special events so that a clear written policy can be adopted. Some possible policy options, together with plausible cost, administration and public perception implications are as follows: 1. Accept and process all applications for street closures under uniform requirements, including insurance, MUTCD compliance, with applicant to bear all costs. Implementation: simplifies review process and minimizes risk to City. Avoids questions or the "reasonableness" of closure applications, as long as requirements are met. 2. Pre - screen applications for street closure under a "public need" or "public interest" criteria. Deny narrow interest applications which do not meet criteria. Regulate approved applications for closure under uniform requirements, etc. (as above). Implementation: tends to reduce the number of applications that are formally considered. Requires a "decision maker" to apply the criteria. Minimizes accident risk to City; could give rise to claims /issues with respect to screening decision. 3. Process applications for street closures based on size /length/complexity (i.e., potential risk — a dead end street is less risk to close than main street). Apply insurance and technical standards, which can vary, depending on complexity of closure, traffic volumes, etc. Implementation: requires more specific criteria to determine potential risk. Most likely more administration oversight and cost. This approach may seem more flexible to applicants of smaller events. E) Finally, Council may want to consider that the City has (in the past) sponsored or partnered in many events, providing time and equipment, in varying degrees, to effect closure. A policy to outline future City involvement may be appropriate. Some applicants have requested street closure for limited private purposes (i.e., birthday parties); it seems that both "why" and "how" are appropriate questions to address in policy. New Section 5.25.115 STREET AND INTERSECTION CLOSURES A) Each application for a special events permit which includes a request for a closure (or partial closure) of a street or intersection shall include the following: 1. Indemnity. The applicant shall be required to sign a statement that he or she shall defend, indemnify and otherwise hold harmless the City of Pasco, its officers, employees and agents from any and all claims or liability arising from the City's grant of permission for or the actual conduct of the special event associated with, and including, such street closure. 2. Insurance. The applicant shall provide evidence of liability insurance coverage, for review by the City's risk manager, with the City of Pasco, its officers, employees and agents named as additional insured parties and offering death, personal injury and property damage liability in an amount not less than $1 million. 3. Notice. The applicant shall provide for payment of one newspaper publication and posting, at each end of the to be closed portion of the street and at all intersecting streets, of the notice of street closure (for closures of duration in excess of twelve (12) hours) pursuant to RCW 47.48.020; or for closures of less than twelve (12) hours, posting of such notice, posting only as outlined above. 4. Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic cones or signs, in conformance with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Washington and approved by the City Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend traffic control equipment except for City- sponsored events and closures. B) Each street closure request contained within an application for special event shall be reviewed by a committee consisting of the City Engineer (or designee), the Police Chief (or designee) and the City Fire Chief (or designee). The committee shall determine if requested street or intersection closures will be allowed, together with any additional requirements for or traffic flow, public safety, access or public notice. Any appeal of the decision of the committee may be made to the City Manager pursuant to section 5.25.090. C) The committee shall approve an application for a street or intersection closure which satisfies the requirements set out in subsection A, above; together with such other requirements as the committee may impose, pursuant to subsection B, unless it finds one or more of the following conditions, in which case the application shall be denied: 1. That the closure is likely to unreasonably interfere with vehicle or pedestrian traffic flow or 2. That the closure is likely to create an unmitigatable danger to vehicular or pedestrian traffic or 3. That the closure will cause irrevocable interference with previously approved and/or scheduled construction, maintenance or other activities or 4. That the closure will seriously inconvenience the general public's use of public property, services or facilities or 5. That there are not sufficient public safety personnel or other necessary city staff to accommodate the closure so that it may occur in a reasonably safe manner or 6. That the closure would endanger public safety or health or 7. That the closure would be likely to cause unreasonable damage to public properties or facilities. 8. That the closure is not necessary to accommodate an event or activity sponsored by a public entity or available to the general public for the period of the closure. Chapter 5.25 — Special Events and Entertainment Page 2 TO: City Council FROM: Gary SUBJECT: Lodging Tax I. REFERENCE(S): Resolution No. 2314 AGENDA REPORT Committee Appointments September 5, 2012 Workshop Mtg.: 9/10/12 Regular Mtg.: 9/17/12 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/10: Discussion 9/17: MOTION: I move to confirm the Mayor's appointment of the following individuals to the 2012 Lodging Tax Advisory Committee: • Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; • User Representatives: Colin Hastings, Pasco Chamber of Commerce and Amy Kuchler, Downtown Pasco Development Authority; • City Council: Mike Garrison. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No. 2314 in June 1997 to comply with state requirements imposed at that time relating to the use of the city's lodging tax ( "hotel /motel tax "). The purpose of the committee is to advise the City Council on use of lodging tax each year. V. DISCUSSION: A) The appointments in the past have been structured so as to typically appoint the manager of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the smaller facilities (Sleep Inn). The "user" representative positions have been the executive directors of the respective organizations noted (Pasco Chamber of Commerce and Downtown Pasco Development Authority). B) The Mayor has identified individuals willing to fill the current vacancies. Council is requested to confirm the nominees at the September 17 meeting so that the required meeting of the Advisory Committee can occur timely for budget consideration. 4(f) NO.a3L�1. A RESOLUTION establishing a Lodging Tax Advisory Committee. WHEREAS, the City of Pasco currently levies a lodging tax pursuant to Chapter 67.28 RCW; and WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB) 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain previous lodging tax authority and adds new lodging tax authority; and WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted dunder Chapter 67.28 RCW in a city with a population over 5,000, be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on a lodging tax by the city; and WHEREAS, Senate Bill 5867 replaces the current lodging tax authority with a new statutory scheme effective July 27,1997; and WHEREAS, the City of Pasco relies on the receipts of the current lodging tax to fulfill its contractual obligation to Franklin County for its share of the debt and operating expenses associated with the TRAC facility, as well as the bonds issued to finance construction of the professional baseball stadium in Pasco; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax within the City of Pasco, it is deemed to be in the best interest of the city that a lodging tax advisory committee be created immediately and that a proposal be submitted to this committee regarding continuation of a lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS Section 1. There is hereby created a City of Pasco Lodging Tax Advisory Committee to serve the functions prescribed in Senate Bill 5867, which was enacted as Chapter 452, Laws of 1997. Section 2. The membership of the lodging tax advisory committee shall consist of five persons appointed by the City Council. One member shall be an elected official of the city, who shall serve as chair. Two members shall be representatives of businesses required to collect the tax and two members shall be persons involved in activities authorized to be funded from revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Any appointments to the committee shall be made by the City Council. Section 3. The following persons are hereby appointed to initially serve as members of the lodging tax advisory committee: (A) Elected 011zciah Councilman Mike Garrison. (B) Businesses requwed to collect the lodging tax shall be represented by: (1) Alan Paty, General Manager, Doubletree Hotel. (2) Dorothy Hildebrant, Manager, Goal Post Motel. (C) Persons involved in activities authorized b use proceeds of the lodging tax shall be represented by: (1) Dorothy Schoeppach, Executive Director, Pasco Chamber of Commerce. (2) Rosemary Doup6, Executive Director, Pasco Downtown Development Association, Section 4. In accordance with SSB 5867, the City Council shall submit to the lodging tax advisory committee, for its review and comment, proposals on the imposition of any tax authorized under SSB 5867; any increase in the rate of such a tax; repeal of any exemption from such a tax; or a change in the use of the revenue received from such a tax. Comments by the committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long -range stability of the special fund created for the lodging tax revenues. Section 5. In accordance with Section 4 of this Resolution, the City Council hereby submits to the lodging tax advisory committee the following proposal for its immediate review and comment: To ensure the continued levy of the lodging tax as . authorized by Chapter 67.28 RCW, the city should re- enact an Ordinance levying a special excise tax on the sale or charge made for furnishing of lodging that is subject to tax under Chapter 82.08 RCW. Section 6. In order to take all steps necessary or indicated by SSB 5867 with regard to re- enactment of lodging taxes levied by the city, the lodging tax advisory committee is hereby requested to conduct its first meeting not later than June 30, 1997, and to report back to the City Council its comments with respect to the tax proposal set forth in Section 5 of this Resolution no later than July 19, 1997. Section7. This Resolution shall take effect immediately upon passage. PASSM by the City Council of the City of Pasco at a regular meeting this 16th day of June, 1997. Charles D. Kilbury, ¢�' I:V toy Catherine D Seaman, Deputy City Clerk AP TO FORNL• v LelandR Kerr, City Attorney Resolution establishing a Lodging Tax Advisory Committee - Page 2