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HomeMy WebLinkAbout2020.11.23 Council Remote Workshop Packet AGENDA Remote Workshop Meeting 7:00 PM - Monday, November 23, 2020 GoToWebinar Page 1. REMOTE WORKSHOP INSTRUCTIONS (a) The Pasco City Council Workshops are broadcast live on PSC- TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-only" mode is: (213) 929-4212and use access code555-318-622. 2. CALL TO ORDER 3. ROLL CALL 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 3 - 8 (a) Renewal Agreement with Visit TRI-CITIES for the Promotion of Tourism 9 - 47 (b) 2020 Proposed Budget Supplement 48 - 51 (c) Continued Discussion ORDS - 2021-2022 Operating & Capital Project Budgets 52 - 63 (d) Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal 64 (e) December 2020 Council Meeting Cancellations 6. MISCELLANEOUS COUNCIL DISCUSSION Page 1 of 67 7. EXECUTIVE SESSION 8. ADJOURNMENT 9. ADDITIONAL NOTES 65 - 67 (a) CITY COUNCIL 2020-2021 GOALS (b) REMINDERS: • Monday, November 23, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Virtual Meeting (COUNCILMEMBER PETE SERRANO, Rep.) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanishlanguage interpreterservice may be provided upon request. Please provide two business day's notice totheCity Clerk to ensure availability.) Page 2 of 67 AGENDA REPORT FOR: City Council November 17, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/23/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Renewal Agreement with Visit TRI-CITIES for the Promotion of Tourism I. REFERENCE(S): Renewal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Unknown, dependent on economic recovery of tourism industry. IV. HISTORY AND FACTS BRIEF: By way of individual agreements with the Cities of Kennewick, Pasco, and Richland, promotional services have been contracted through the Tri-Cities Visitor & Convention Bureau (Visit TRI-CITIES) since the Tourism Promotion Area formation in 2004. Through this agreement, the City of Pasco receives a multi-faceted approach to marketing Pasco to visitors, business investors, and those looking to relocate. Further, Visit TRI-CITIES dedicates resources to focus on increasing tourism related to sports, business travel, and leisure. To provide promotion of tourism, Visit TRI-CITIES receives 50% of the annual average hotel/motel tax receipts collected from the first 2% levied for the five-year period immediately preceding each year of the contract period for its services in promoting tourism. The current agreement with Visit TRI-CITIES expires December 31, 2020. Page 3 of 67 V. DISCUSSION: The attached renewal agreement mirrors as the current agreement with the exception that a provision was added to address economic downturns. The COVID -19 pandemic has severely impacted the tourism industry, a slow recovery could have lasting impacts on the availability of services to promote the Tri-Cities as a destination for conventions and sporting tournaments in the future. The added provision (Section II) would trigger a joint conversation between all parties (Cities and Visit TRI-CITIES) in the event of an economic downturn resulting in a decrease of 15% or more in hotel/motel taxes over a period of (6) months. The renewal agreement was negotiated among the TPA cities and Visit TRI-CITIES. Staff is seeking Council discussion, and future action to renew the agreement. Page 4 of 67 Renewal Agreement for the Promotion of Tourism - Page 1 RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as "Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: I. The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1. Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2. Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3. Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4. Act as a membership organization and liaison to small businesses located in the City of Pasco that are dependent on tourism spending for financial success. 5. Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A. Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri-Cities and the City. B. Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering Page 5 of 67 Renewal Agreement for the Promotion of Tourism - Page 2 convention and sports planning assistance. C. Preparing and distributing invitational convention and sports bid packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7. Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8. Assist future conventions and sporting events in maximizing attendance through pre-event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri-Cities events. 9. Operate a visitor information center in the Tri-Cities to promote the Tri-Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10. Include advertising material in promotional packets and other releases promoting regular tourism related Tri-City activities and events. 11. Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12. Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan. The work plan will be presented to the City for approval in March of each year. II. For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 1st of each month for the services provided the month prior. 1. Provision for Economic Downturn: In the event of an economic downturn wherein there is a -15% decline in hotel/motel taxes over a period of six months the parties agree to a payment for services as described herein. Page 6 of 67 Renewal Agreement for the Promotion of Tourism - Page 3 A. The base for comparison will be the same six-month period during the prior year, or the average of 2017, 2018 and 2019 (whichever is greater). B. The -15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contract to establish, in good faith, a mutually agreeable annual contract payment amount. C. Should the parties be unable to come to an agreement the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. D. The duration of Payment Adjustment will be a minimum of six months, a new calculation will be performed at the end of six months to determine if another six- month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2. Future Annual Contract Payment Calculations: For purposes of calculating the five- year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted will be replaced with the prior year’s annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. 3. Reporting: On or before August 15 each year, the Bureau shall deliver a mid-year review and provide a written status report detailing the services provided and the activities and accomplishments of the Bureau. A formal presentation to the City Council will be made if requested. III. Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use of hotel/motel tax funds as set forth in relevant part as follows: “... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism- related facilities, or operation of tourism-related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into this Agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1. The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28 RCW. 2. At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. Page 7 of 67 Renewal Agreement for the Promotion of Tourism - Page 4 3. In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4. The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days’ notice of its intent to inspect the same. 5. Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6. In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. IV. This Agreement shall be effective on January 1, 2021, and shall expire on December 31, 2025; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed this _____ day of ___________________, 2020. CITY OF PASCO: APPROVED AS TO FORM: __________________________________ _________________________________ Saul Martinez Kerr Ferguson Law, PLLC Mayor City Attorney TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation d/b/a Visit Tri-Cities APPROVED AS TO FORM: ___________________________________ _________________________________ Michael Novakovich, President & CEO Kerr Ferguson Law, PLLC Page 8 of 67 AGENDA REPORT FOR: City Council November 20, 2019 TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/23/20 FROM: Richa Sigdel, Director Finance SUBJECT: 2020 Proposed Budget Supplement I. REFERENCE(S): 2020 Proposed Budget Supplement Details 2020 Proposed Budget Supplement Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Revenue - Increase of $24,718,942 Expense - Increase of $16,911,173 IV. HISTORY AND FACTS BRIEF: The proposed budget supplement for revenues and expenditures includes previously reported changes to capital project schedules and budget, expense and revenue impact of COVID-19 pandemic response, as well as expenses that were unanticipated or indeterminable at the time the 2019-2020 Biennial Budget and mid-biennium adjustment was prepared. V. DISCUSSION: The majority of adjustments to the City's funds have been reviewed and authorized by the Council in the form of grant authorizations, bids, and land purchase approvals. In the current process, City aggregates all budget-related actions approved by the Council throughout the year and presents them in the form of a supplement or mid-biennium adjustment, depending on the timing. With the exception of COVID-19 pandemic related activities, the 2019/2021 Biennial Page 9 of 67 budget went largely as predicted with some opportunities associated most significantly with capital projects. A detailed list of proposed adjustment is attached, some of the highlights are as follows: • General fund (010) - Revenues and expenditures increased by $4.0M and $3.4M respectively. The increase in expenditures is largely due to receipt of LocalCARES grant, and higher than anticipated revenue, as well as Business and Utility Assistance grants and COVID-19 related supplies, services, and labor. Requesting related. proceeds LTGO bond are projects Capital all authorization to move projects previously allocated from Capital Improvement (REET) fund to LTGO proceeds. The projects meet the requirement of the bond ordinance and it is prudent to expend bond proceeds in a timely manner. • Street fund (110) - Reduction in revenue from residential overlay program due to COVID-19 pandemic placed limitations on work to be performed. This reduction was offset due to a review of resource allocation that resulted in multiple vehicles to be sold to utilities, and savings for replacement of such vehicles being returned to this fund. Reduction in labor, services, and supplies due to delay in overlay program. Requesting $400k in subsidy to maintain a healthy fund balance in the event of emergencies. • Arterial Street fund (120) - Reflects a $0.25M in revenue due to reduced usage of fuel during the pandemic and subsequent reduction in Motor Vehicle Fuel Tax (MVET). Increase in project costs due to the actual cost of capital projects. • School Impact Fees fund (182) - Pass through, reflects a higher number of new homes than budgeted. The city collects then distributes to the school district. • (192) fund Development Park - Revenu increase than higher reflects e anticipated housing starts and associated impacts fees, and reduction in expense is due to the removal of Animal Shelter - Little League Parking Lot project. 2019-2020 budget includes $1.4M that will be carried over for NW Park property, and park improvements, Chapel Hill Park and Rd 84 Park purchase. • Capital Improvement (REET) fund (193) - Increased revenues are reflective of a highly active real estate market. Requesting authorization to move projects previously allocated from Capital Improvement (REET) fund to LTGO proceeds. • LID Bond (250) - Reflects the reduced cost of Chapel Hill Road. project. • Capital Improvement Project (367) - This fund is used to complete non-utility capital projects. All projects currently authorized in 2019-2020 Capital budget like Lewis Street Overpass project will be carried over to following year. The increase requested in the current supplement is related to anticipated increases in costs for Wrigley Drive, Training Facility Bathroom, and the need to use internal funds for some portion of Lewis Street Overpass work. • Utilities (410, 411, 420, 450, 460, 470) - Operationally, increases in revenues and expenditures are almost uniformly the result of a significant increase in accounts (revenue) and demands (expenses) due to new homes. Capital fluctuations are associated with the combination of favorable bids (overall) costing less than estimates, added project(s) e.g. $2M for bio-solids disposal at PWRF and $1M for embankment repair. Page 10 of 67 • Equipment Replacement (515 & 516) -Review of resource allocation found vehicles that needed to be moved between funds. This process resulted in the need to make adjustments to revenue and expenses across several funds. $608K worth of vehicles were moved between different funds. • Loan, subsidy, and transfer (across multiple funds) - Council approved various inter and intra fund loans for 2020, however, the resolution did not include a specific language that staff would prefer to have included. Hence, the Council will see these supplements for revenue and expenses at the rate of $9.6M and $9.4M respectively. Details on all funds provided in the attachment. As with other operations, COVID-19 has created unique challenges to the City's finances. Furthermore, various grants received by the City like CDBG and Local CARES grant create complication to the supplement request. Council has approved several grant programs to assist businesses and residents with COVID-19. These programs are ongoing and could change reimbursement within different funds. This summary provides Council a helpful summary of anticipated changes, however, staff anticipates some variation to the supplemental request numbers between the workshop meeting and consideration of the final ordinance which will be presented on December 7, 2020. In total, the proposed supplement reflects increases in revenues and expenses of $24.7M and $16.9M respectively. Page 11 of 67 General ActivityFund Revenue ExpenseRevenue Comments Expense CommentsGeneral Fund 4,000,000.00 6,051,000.00 Operation 4,000,000.00 3,340,000.00 CARES Grant, increased other net increase in revenue due to higher sales tax and building permits but lower gaming taxes. Business grants, COVID-19 related labor, supplies, services.Capital Projects 2,711,000.00 Realign funds originally allocated to REET funds to LTGO proceeds. See REET fund.Street 55,942.00 (475,000.00) Reduction in Motor Vehicle Fuel Taxes and delay in overlay work. Review of resources allocated to Street identified numerous vehicles that mainly benefits utilities fund. Those vehicles are proposed to be moved to the appropriate funds in this supplement budget. Reduction in labor, services & supplies due to less overlay work.Arterial (250,000.00) - Reduction in Motor Vehicle Fuel Taxes.Capital Projects 181,000.00 Increase for mostly Wrigley Drive, Signage and Striping at Rd 68 & Burden and Argent Road improvement.I-82 Impact Fee 600,000.00 - Higher than anticipated growth.Capital Projects 145,000.00 Usage of funds for work related to lewis street overpass when other funding was not available.CBDG - 200,000.00 CBDG Business Assistance Grant.MLK 7,000.00 31,000.00 Local CARES Grant reimbursement. Higher than anticipated overhead cost allocation and COVID-19 related impacts to salary and supplies cost. Ambulance 2,450,000.00 100,000.00 Higher than anticipated GEMT reimbursement & anticipated LocalCARES reimbursement. COVID-19 related impact to operations.Cemetery 150,000.00 150,000.00 Higher than anticipated acitivity. Higher than anticipated acitivity.Blvd Maintance 140,000.00 5,000.00 Higher than anticipated growth. Higher than anticipated overhead cost allocation.Athletics (125,000.00) (120,000.00) COVID-19 pandemic paused athletics acitivity. COVID-19 pandemic paused athletics acitivity.Golf Course (400,000.00) - COVID-19 pandemic closed facility and reduced overall activity like proshop and restaurant. No corresponding savings due to high cost of management of facilities.Senior Center (140,000.00) (100,000.00) COVID-19 pandemic paused acitivity. COVID-19 pandemic paused acitivity.Multi Modal - - Marina 370,000.00 66,000.00 Insurance recovery.Higher than anticipated overhead cost allocation.Litter Abatement - - Revolving Abatement 185,000.00 (80,000.00) write off recoveries and increase in noncourt penalties Less contract services for abatement clean up/repairs due to COVID-19.Park Development 200,000.00 - Higher than anticipated growth.Capital (615,000.00) Removal of Animal Shelter - Little League Parking Lot.Capital Improvement (REET) 800,000.00 - Higher than anticipated real estate activity & higher home prices.Capital (2,198,000.00) Realignment of Fire Station remodels, design, and community center from this fund to LTGO proceeds from General Fund to spend down bond proceeds and preserve internal fund balance.Econ Dev 2,000,000.00 500,000.00 Sale of assets and reimbursement of facility plan by PWRF users. Purchase of land and other farm activity.LID - - Capital (500,000.00) Reduced project cost for Chapel Hill Blvd.Utility 2,691,500.00 1,697,673.00 Utility Ops 2,691,500.00 2,655,673.00 Embankment repair insurance recovery estimate, service fees, and CARES grant. Embankment repair, payment of facilities plan to Economic Development Fund, debt service costs.Utility Capital - (958,000.00) Change in scope and cost of work for Road 52 & Pearl Lift Station and Wrigley Drive Extension.Eqpt O&M Govt - 100,000.00 Additional external resources needed for specialized vehicles.Eqpt O&M Entp - - Eqpt Replacement Govt 610,000.00 710,000.00 Vehicle transfer between Street and Utilities, increased costs or unanticipated purchases Vehicle transfer between Street and Utilities, increased costs or unanticipated purchasesEqpt Replacement Entp 475,000.00 475,000.00 Vehicle transfer between Street and Utilities, increased costs or unanticipated purchases Vehicle transfer between Street and Utilities, increased costs or unanticipated purchasesMedical/Dental - - Prior period adjustment, no need for budget authorization Central StoresOld Fire Pension 510,000.00 - Gain on sale of investmentCemetary EndowmentPage 12 of 67 Total Operation 14,329,442.00 7,557,673.00 Total Capital (1,234,000.00) Total 14,329,442.00 6,323,673.00 Accounting Entries - Loan and Subsidy RelatedFund Revenue ExpenseRevenue Comments Expense CommentsLID 5,300,000.00 1,300,000.00 Early payoff of LID loans Paying down debt back to General Fund at a higher rate than anticipatedGeneral Fund 2,500,000.00 2,500,000.00 Accounting change to account for B&O taxes in General Fund Transfer the B&O taxes received to appropriate fundsGeneral Fund 1,300,000.00 - Early payoff of LID loan from General fund to LIDAmbulance 700,000.00 700,000.00 Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.General Fund 700,000.00 - Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Marina - 242,000.00 Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.General Fund 242,000.00 450,000.00 Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Previously approved, staff feels it is prudent to include it in this supplement due to language of the resolution.Economic Development 1,500,000.00 1.5M assessment to Columbia East Lift Station and Force MainSewer 3,000,000.00 Irrigation (815,000.00) (302,500.00) Loan not needed.Savings in debt service for loan that was not needed.Water (302,500.00) Loan not needed, reducing revenue for the debt service.Total9,624,500.00 9,389,500.00 Clearing AccountsFund Revenue ExpenseRevenue Comments Expense CommentsSchool Impact 720,000.00 963,000.00 Higher than anticipated growth Higher than anticipated growth.General Construction 500,000.00 500,000.00 Increase in cost for Wrigley Drive, Lewis Street and Training Facility Bathroom addition. Increase in cost for Wrigley Drive, Lewis Street and Training Facility Bathroom addition.Lodging (TPA) (150,000.00) (150,000.00) Total1,070,000.00 1,313,000.00 Tourism Related Funds Fund Revenue ExpenseStadium/Convention Center (160,000.00) (195,000.00) COVID-19 pandemic impact to revenue. Reduction in debt service cost.Hotel/Motel Excise Tax (145,000.00) (220,000.00) COVID-19 pandemic impact to revenue. Managing COVID-19 pandemic impact to revenue.TRAC - 300,000.00 Anticipating higher than usual subsidy.Total(305,000.00) (115,000.00) Final Total 24,718,942.00 16,911,173.00 Page 13 of 67 OverviewSupplement to City’s biennial budgetEach fund is its own unit and transfers between them need to be accounted as separatetransactionsMost of supplement is related to change in capital project status Payment of debt by lien holders at a faster pace than budgetedImpacts of COVID-19 pandemic – both in revenue and expensesLocalCARES grant reimbursements will be submitted by 12/5 and will change current supplement request. Staff will make updates to ordinance when the changes are knownPage 14 of 67 General ActivityFund Revenue ExpenseTotal Operation 14,329,442.00 7,557,673.00 Total Capital (1,234,000.00) Total 14,329,442.00 6,323,673.00 Page 15 of 67 Overview – Loan, Transfer, & Subsidy ActivityFund Revenue ExpenseLID 5,300,000.00 1,300,000.00 General Fund 2,500,000.00 2,500,000.00 General Fund 1,300,000.00 - Ambulance 700,000.00 700,000.00 General Fund 700,000.00 - Marina - 242,000.00 General Fund 242,000.00 450,000.00 Economic Development 1,500,000.00 Sewer 3,000,000.00 Irrigation (815,000.00) (302,500.00) Water (302,500.00) Total9,624,500.00 9,389,500.00 Page 16 of 67 Clearance AccountsFund Revenue ExpenseSchool Impact 720,000.00 963,000.00 General Construction 500,000.00 500,000.00 Lodging (TPA) (150,000.00) (150,000.00) Total1,070,000.00 1,313,000.00 Page 17 of 67 Tourism Related FundsFund Revenue ExpenseStadium/Convention Cente(160,000.00) (195,000.00) Hotel/Motel Excise Tax (145,000.00) (220,000.00) TRAC - 300,000.00 Total(305,000.00) (115,000.00) Page 18 of 67 General Fund – Operating CostSupplement RequestRevenue +$4.0M Expense +$3.3M Revenue◦Higher than expected sales tax and building permits◦Reduced gaming and admissions taxes◦Local CARES Grant◦Accounting change to record all B&O taxes to General Fund. Net impact is 0 as revenue is transferred out to other fundsExpense◦Local CARES grant – COVID-19 related expenses Page 19 of 67 General Fund – Capital CostSupplement RequestRevenue +0.0MExpense $2.7MExpense◦Bids for Fire Station Relocation came in lower than anticipated◦Proposing usage of LTGO Bonds instead of Capital Improvement Fund (Real Estate Excise Tax) to fund following projects◦Fire Station 81 and 82 Remodel◦Training Facility Bathroom Addition◦Community CenterPage 20 of 67 General Fund – Other ActivitySupplement RequestRevenue +4.7MExpense +2.9MRevenue & Expense◦All activities are related to loan, subsidy, and transfer activity.◦Chapel Hill LID payoffs happened at a quicker rate than first anticipated.◦Other loans were previously approved by the Council but staff feels its prudent to add this tosupplement as resolution language included “Loan Authorization” and not “Budget Authorization”. ◦Some loans were not needed due to delay in capital projects for which the loan was required.Page 21 of 67 Capital Improvement Fund (REET)Supplement RequestRevenue $0.8MExpense +$2.2M Revenue◦High real estate activity in home sales and pricesExpense◦Proposing usage of LTGO Bonds instead of Capital Improvement Fund (Real Estate Excise Tax) to fund following projects◦Fire Station 81 and 82 Remodel◦Training Facility Bathroom Addition◦Community CenterPage 22 of 67 Street FundSupplement RequestRevenue +$56KExpense ($475K)Revenue◦Decrease in Motor Vehicle Fuel Taxes ◦Inability to complete overlay due to COVID-19 related restrictions◦Sale of vehicles and reimbursement on funds set aside for such vehicles added to this proposed supplementExpense◦Reduction in labor, supplies and services costs◦Will require at least $400K in subsidy from General Fund to manage impact of COVID-19 and be able to sustain emergencies in future like major snow eventPage 23 of 67 Arterial Street FundSupplement RequestRevenue ($250K)Expense +$181K Revenue◦Decrease in Motor Vehicle Fuel Taxes Expense◦Professional services cost to complete projects like Wrigley Drive, Signage & Striping at Road 68 & Burden, and Argent RoadImprovementsPage 24 of 67 I-182 Impact Fee FundSupplement RequestRevenue +$600K Expense +$145KRevenue◦Higher than anticipated growthExpense◦Lewis Street Overpass matching fundsPage 25 of 67 Martin Luther King Center FundSupplement RequestRevenue +$7KExpense +$31KRevenue◦Local CARES grant reimbursementExpense◦Higher than anticipated overhead cost allocation and COVID-19 related impacts to salary and supplies costPage 26 of 67 Ambulance FundSupplement RequestRevenue +$2.4MExpense +$100KRevenue◦GEMT Reimbursement higher than anticipated◦Local CARES grant reimbursementExpense◦COVID-19 pandemic related costs Page 27 of 67 Ambulance Fund – Other ActivitySupplement RequestRevenue +$700KExpense +$700KRevenue◦Council approved subsidy in prior years. Accounting entry/authorization needed to record subsidyExpense◦Council approved subsidy in prior years. Accounting entry/authorization needed to record subsidyPage 28 of 67 Cemetery FundSupplement RequestRevenue +$150KExpense +$150KRevenue◦Revenue higher than expectedExpense◦Expenses related to higher activityPage 29 of 67 Boulevard Maintenance FundSupplement RequestRevenue +$140KExpense +$5KRevenue◦Revenue higher than expectedExpense◦Higher than budgeted overhead cost allocationPage 30 of 67 Athletics FundSupplement RequestRevenue ($125K) Expense ($120K) Revenue◦COVID-19 pandemic paused athletics activityExpense◦Reduction of costs related to paused athletics activityPage 31 of 67 Golf Course FundSupplement RequestRevenue ($400K) Expense $0KRevenue◦COVID-19 pandemic paused activityExpense◦Reduction of costs related to paused activityPage 32 of 67 Senior Center FundSupplement RequestRevenue ($140K) Expense ($100K) Revenue◦COVID-19 pandemic paused servicesExpense◦Reduction of costs related to paused servicesPage 33 of 67 Revolve Abatement FundSupplement RequestRevenue +$185KExpense ($80K) Revenue◦Revenue higher than expectedExpense◦Less abatement activity due to COVID-19Page 34 of 67 Marina FundSupplement RequestRevenue +$370KExpense +$66KRevenue◦Insurance recovery for dock replacementExpense◦Increased overhead cost allocation due to Marina Dock replacement project in prior years.Page 35 of 67 Marina FundSupplement RequestRevenue +$0KExpense +$242KExpense◦Council approved loan in prior years. An extension of the loan will be requested on December 7thdue to cash flow issues in this fund. Page 36 of 67 Park Development FundSupplement RequestRevenue +$200KExpense ($615K) Revenue◦Higher than expected growthExpense◦Removal of Animal Shelter – Little League Parking Lot Page 37 of 67 Economic Development FundSupplement RequestRevenue +$2.0MExpense +$0.5MRevenue◦Sale of assets and reimbursement of facility cost services Expense◦Land purchase and other farm acitivitiesPage 38 of 67 Economic Development Fund – Other ActivitySupplement RequestRevenue +$0.0MExpense +$1.5MExpense◦Proposed allocation of $1.5M for Columbia East Force Main and Lift Station projectPage 39 of 67 Tourism Related FundsHAPO Center (TRAC)Expense COVID-19 Impact +$300K Stadium/Convention CenterRevenue COVID-19 Impact($160K) Expense COVID-19 Impact($195K) Hotel/Motel Excise TaxRevenue COVID-19 Impact($145K) Expense COVID-19 Impact($220K) Page 40 of 67 LID FundSupplement RequestRevenue +$5.3MExpense +$450KRevenue◦Quick payoff of LID debt by lienholders Expense◦Debt service payment at a faster rate than previously anticipated Page 41 of 67 General Construction FundSupplement RequestRevenue +$500Expense +$500KRevenue◦Revenue from other funds or grantsExpense◦Expenses related to Wrigley Drive, Lewis Street, and Training Facility BathroomPage 42 of 67 Utilities Fund -OperationsSupplement RequestRevenue +$2.7MExpense +$2.7MRevenue◦Anticipated insurance recovery for embankment failure◦Higher than anticipated revenue Expense◦Embankment repairs, payment of facilities plan, and debt service costsPage 43 of 67 Utilities Fund - CapitalSupplement RequestRevenue +$0KExpense +$1.0MExpense◦Changes to capital projects cost and schedule. Mainly $3M proposed investment from Sewer to PWRF for Columbia East Lift StationPage 44 of 67 Equipment ReplacementSupplement RequestRevenue +$1.1MExpense +$1.2MExpense◦Vehicle transfer between different funds and payback of savings to Street fund◦Increased vehicle costs as well as few unanticipated vehicle purchasesPage 45 of 67 Old Fire PensionSupplement RequestRevenue +$0.5MExpense◦Gain on sale of investments.◦Funds pension cost for pre-LEOFF firefighters.◦Internally managed investment portfolio.Page 46 of 67 Inter/Intra Fund Loans•Inter-fund loans are issued when there is a limited term need for projects/activity. Intra-fund loans are rare but usually between distinct services within funds for internal tracking purposes•Usually longer than one year and need not significant to issue external debt•Water to PWRF Fund - Intra-fund loans proposed in this budget cycle is Process Water Reuse Facility (PWRF) service if Federal and State loans are not able to be withdrawn by end of this year. Loan would be provided by other service like Water or Sewer within UtilitiePage 47 of 67 AGENDA REPORT FOR: City Council November 20, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/23/20 FROM: Dave Zabell, City Manager Executive SUBJECT: Continued Discussion ORDS - 2021-2022 Operating & Capital Project Budgets I. REFERENCE(S): Spreadsheet – CIP Plan/Proposed Capital Budget Comparison II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Over the course of the past several weeks, the City Council and public have been presented the preliminary 2021/2022 Biennial Operating and Capital budgets. Budget materials have previously been provided to the City Council and made available electronically to the public along with opportunity for public input through the requisite public hearings and through email and personal contact. It is anticipated that the City Council will consider and take action on the Biennial Budget at their December 7, 2020 regular meeting. V. DISCUSSION: Per previous discussions and schedule, staff programmed into the budget process additional time to wrap up any outstanding questions raised by Council or the public, which were unable to be adequately addressed during the formal budget presentations. The one outstanding question that was not practical to address during the presentation of the Capital budget were the differences between the years 2021 and 2022 in the Page 48 of 67 adopted 2021-2026 Capital Improvement Plan (CIP) and the 2020-2021 Preliminary Capital Budget. The primary differences between the two are largely due to the carryover, as previously discussed by Director Sigdel and the fact that several projects which were included in the CIP but were unsecured in terms of funding, were not included in the Capital Budget. All projects in the Capital Budget are funded or contingent on likely funding and will not begin until funded, except where a phase is appropriated (property acquisition, design, planning, etc.). The attached spreadsheet illustrates the delta between the CIP and Capital Budget by the fund and by project and provides further explanation. Staff will be available to discuss specifics on all projects. Page 49 of 67 Area/Project2021-2022 Adopted CIP2021-2022 Proposed Budget Remarks Regarding CIP and Proposed Capital BudgetFire12,157 4,158 Fire Station 84 Replacement4,250 3,040 Carry over budget to 2021-2022Fire Station 85 Addition6,750 449 Reduced pending Maintenance and Improvement Plan effort and staff funding planFire Station 87 Property Purchase265 265 Station Alerting System262Training Center Improvements142 142 Irrigation849 620 Well Capacity Upgrades470 470 Annual Irrigation Upsize - Development100 100 Annual Irrigation System Improvements - Development 50 50 Columbia River Intake Capacity Upgrades229 - Carry over budget to 2021-2022Parks & Recreation8,896 3,667 Generally, reductions are reflective unsecured projects - Parks/Rec Master Plan will prioritize. Sacajawea Levee Lowering 2,589 2,657 Adjusted based on 30% estimateFranklin County Irrigation District (FCID) Trail - Phases 1 and 2 415 415 Road 84 Park 270 270 Marina Dock Replacement - Dock B1,650 200 Insufficient resources for construction, design and pursue grant option.Highland Park Parking and Field Expansion- 75 Road 48 Park 925 50 Funding unsecured, Parks Master Plan prioritization.Dog Park450 - Funding unsecured, Parks Master Plan prioritization.Sacajawea Trail Burlington Northern Santa Fe (BNSF) Crossing 1,650 - Alternate route being explored due to BNSF feedbackRoad 54 Erwen Property 420 - Funding unsecured, to follow once scope of levy lowering project determinedA Street Sporting Complex - Phase 1287 - Funding unsecuredPasco Sporting Complex240 - Funding unsecuredPWRF36,571 31,745 Process Water Reuse Facility (PWRF) Primary Treatment Improvement 27,141 26,641 $500K scheduled for carryover to 21-22Columbia East Lift Station & Force Main 9,430 5,104 Carry over budget to 2021-2022Process Water Reuse Facility (PWRF) Irrigation Pump Station (IPS) Improvements 27,141 - CIP amount belongs in PWRF pretreatment Improvements, not IPS. This was an entry error in thSewer 32,866 31,969 WasteWater Treatment Plant (WWTP) Improvements - Phase 1 19,000 19,660 Northwest Area Trunkline 3,708 3,681 Northwest Area Lift Station3,500 3,250 Carry over budget to 2021-2022WasteWater Treatment Plant (WWTP) Improvements - Phase 2 2,700 2,700 Court and Sylvester Sewer Main Improvement 1,500 1,500 Road 52 and Pearl Street Lift Station - Riverview 984 300 Scope reduced and carry over budget to 2021-2022Southeast Industrial Trunkline200 200 Annual Sewer Upsize - Development 200 200 Annual Sewer System Improvements - Development 200 200 Pearl Street Lift Station374 144 Carry over budget to 2021-2022Road 36 Lift Station Upgrades500 134 Carry over budget to 2021-2022Stormwater779 779 Sylvester Pipe Relining330 330 1st Avenue Pipe Rehab249 249 Annual Stormwater Improvements - Development 200 200 Transportation37,280 26,992 Lewis Street Overpass24,282 16,452 Carry over budget to 2021-2022Citywide Traffic Controller Upgrades - Phase 2 3,123 2,870 Carry over budget to 2021-2022Page 50 of 67 Area/Project2021-2022 Adopted CIP2021-2022 Proposed Budget Remarks Regarding CIP and Proposed Capital BudgetAnnual Pavement Preservation Program1,777 1,777 Lewis Street Corridor Improvements - 2nd Avenue to 5th Avenue 1,767 1,635 Carry over budget to 2021-2022Sandifur Parkway Widening - Road 52 to Road 60 965 958 Carry over budget to 2021-2022Argent Road & Road 36 Intersection Improvements 742 620 Carry over budget to 2021-2022Sylvester Street Safety Program - Phase 1522 522 Sylvester Street Safety Program - Phase 2476 476 Argent Road Improvements - Saraceno Way to Road 36 420 420 North Road 100 Pedestrian/Bicycle Improvements 350 350 Pedestrian/Bicycle Access Sylvester Street Overpass 300 300 Court Street & Road 68 Intersection Improvements 183 183 Burns Road Pedestrian/Bicycle Pathway - Road 100 to Road 90 108 152 Adjusted based on planning level estimatePedestrian/Bicycle Access Road 100 Interchange 120 120 Burns Road Pedestrian/Bicycle Pathway - Road 90 to Road 84 - 111 Rescheduled from 23 to 22South 10th Avenue & W. Lewis Street Advanced Intersection Warning 47 47 Burns Road Pedestrian/Bicycle Pathway - Road 84 to Road 68 63 - Rescheduled from 2022 to 2023Road 68 Widening - Interstate 182 to Chapel Hill Boulevard 220 - Carry over budget to 2021-2022Argent Road Improvements - 20th Ave to Saraceno 1,366 - Carry over budget to 2021-2022Water 22,054 19,749 Reservoir Storage Tank7,050 6,450 Carry over budget to 2021-2022Butterfield Water Treatment Plant (WTP) Improvements 5,000 5,000 Transmission Main - West Pasco Water Treatment Plant (WPWTP) to Zone 3 2,500 2,500 Automated Meter Reading1,750 1,750 West Pasco Water Treatment Plant (WPWTP) Improvements 3,040 1,475 Carry over budget to 2021-2022Emergency Power Improvements1,100 1,100 Water Main Replacement - Richardson Road (Road 92 to Road 96) 460 460 Water Main Replacement - Star Lane (Road 100 to Road 97) 235 235 Annual Water System Improvements - Development 200 200 Annual Water Upsize - Development200 200 Water Main Extension - Alton Street (Wehe Avenue to the alley west of Owen Street) 327 187 Adjusted project scheduleWater Main Extension - Road 103 (Maple Street to Willow Way) 113 113 Water Main Replacement - South 18th Avenue (Court Street to WA Avenue) 79 79 Page 51 of 67 AGENDA REPORT FOR: City Council November 10, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/23/20 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Ordinance - Amend PMC 6.05.010 Definitions - Potentially Dangerous Animal I. REFERENCE(S): Draft Ordinance Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None Identified IV. HISTORY AND FACTS BRIEF: Through a community effort, as well as discussion and direction provided by City Council at their most recent retreat, Council has instructed staff to facilitate a process by which Council may consider the retention, amendment, or removal of references to specific dog breeds currently listed within Section 6.05.010 of the Pasco Municipal Code (PMC). Most recently, Council enacted a minor revision to the aforementioned PMC sections as a matter of consistency to the Revised Code of Washington (RCW) on November 25, 2019. In short, aforementioned amendment provided an additional alternative means by which pet owners of potentially dangerous breeds can test their animals in order to meet eligibility requirements for licensing and residency within the City limits. While this action was to ensure compliance with the associated RCW, Council opened up the floor for comments from the community in attendance at the aforementioned meeting. The majority of those members of the public speaking to the issue that evening alluded to a preference to remove all breed specific references within the Page 52 of 67 PMC. State imposed COVID-19 pandemic limitations on public meetings to items "necessary and routine" precluded discussion of this topic previously. Once this limitation was relaxed, subsequent conversation by Council at their goal setting retreat, which for the same reason had been delayed until September, indicated a desire to take up the issue of breed specific language in Title 6 prior to the end of the year. V. DISCUSSION: Breed specific laws, particularly with respect to pit-bulls is a nationally discussed issue. Further, there have been some recent policy changes in other cities in the region which has led the desire of some community members that Pasco also reconsider the matter. Currently, the PMC lists specific breeds as being potentially dangerous, but allows said breeds to be possessed by Pasco residents if they are able to pass a "Canine Good Citizen" test through the American Kennel Club (AKC) or equivalent organization. Passage of this test is valid for two (2) years as stipulated within Sec. 6.05.330(6) of the PMC. As written, this section allows for potentially dangerous dogs to reside in Pasco, with an added measure of accountability for good behavior leading to a reduction in dangerous dog bites, or severe veterinary and medical incidents to other people or animals. Community members opposed to this section of the PMC have expressed concern that while not an outright ban on potentially dangerous breeds, the provisions create an excessive burden upon the owners of these animals through additional process and cost, as well as potentially hinder adoptions of certain breeds, thus contributing to over-population or long-term residency of certain dogs in public animal shelters. To initiate the policy discussion, staff has prepared for Council's consideration an amended ordinance which removes language specifying individual dog breeds within the definition of "Potentially Dangerous Animals" more specifically referenced within Sec. 6.05.010 Definition of Terms. The amendment retains provisions pertaining to the enforcement for potentially dangerous animals and associated penalties. The amendment is focused on the removal of any reference to specific breeds within the ordinance: Sec. 6.05.010 Definition of Terms “Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals, or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Page 53 of 67 Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. There is a long history surrounding the appropriateness of breed specific language which has been considered multiple times by the Pasco City Council, resulting in the language being retained. At workshops on both October 26, 2020 and November 9, 2020, the City Council deliberated on this issue. In the most recent session, a Council majority have indicated they are ready to consider the aforementioned code amendment. According to staff research, and presented at the November 9, 2020 City Council Workshop, over a seven (7) year period, Pasco averages around twenty-five (25) dog bite cases per month, 3 of which (on average) came from breeds defined in the PMC as "potentially dangerous. In response to a request for information on cities who have lifted the ban on breeds within their codes, staff found no statistically sound information from which conclusions could be made. Following deliberations at the November 9 meeting, staff was directed to provide information on criminal penalties and the methods by which Animal Control staff enforces the tenets of the Animal Control sections of the Code, as well as the extent to which records kept on violations of said code. Both Pasco Police and Animal Control enforce leash laws within the PMC, with Tri Cities Animal Control being the primary enforcement body. Statistics on these violations are classified as "Animal At Large" and is one of the more frequent violations filed every month. Infraction of this code are driven by severity and frequency of violation. Typical process is education of owner, then infractions for repeat violations. Files and photos are kept with Animal Control in order to track each case, beginning with initial contact and education regardless if the case is severe enough to construe a written infraction. With regard to Dangerous Dog, Vicious Dogs, or Dog Bite cases, Animal Control takes immediate action whether it is from a direct contact by the public or through a law- enforcement agency. Initial contact is made, and consultation with the victim is conducted. Then it is determined whether education of the dog owner is taken, or the case results in immediate written infractions. In cases of severe vicious animals, the animal in question is impounded. This is determined at the discretion of the individual animal control officer. Infractions of this nature trigger a 10 -day compliance period, wherein the owner of the animal has to demonstrate proof of rabies shot, home or rental insurance with a dog policy, update to city licensing (where applicable), and conform to a permit where the dog will have to be leashed and muzzled when off the confined property of the owner. This is also the time wherein the dog must undergo the required canine good citizen test. This is monitored by Animal Control; however, if there is no compliance, then the case is turned over to the City Prosecutor. Violations of this section of the Code Page 54 of 67 constitute a gross misdemeanor, as stipulated in 6.05.330.8 of the PMC. The City Attorney will be availble to dicuss in greater detail enforcement and penalties. Based on Council's prior discussion, staff anticipates bringing back a code amendment for Council consideration at the December 7 meeting. Page 55 of 67 Ordinance – Amend PMC 6.05.010 - 1 ORDINANCE NO. ______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 6.05.010 “DEFINITION OF TERMS” WHEREAS, with a review of the provisions of the Animal Control Sections of the Pasco Municipal Code, including consideration of the provisions of the newly enacted RCW 16.08.110, it is appropriate to amend and update certain sections of Chapter 6.05 PMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 6.05.010, entitled “Definition terms” of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 6.05.010 Definition of terms. As used in this chapter, unless the context indicates otherwise: “Abandon” means the knowing or reckless desertion of an animal by its owner or the causing of the animal to be deserted by its owner, in any place, without making provisions for the animal’s adequate care. An animal left without adequate care for three or more days shall be prima facie evidence that the animal has been abandoned. “Animal” includes, but is not limited to dogs and cats. “Animal Control Authority” means the joint power authority formed by interlocal agreement of the cities of Richland, Pasco and Kennewick, to implement and provide animal control and sheltering services within the respective cities. “Animal Control Officer” refers to that person employed by or under contract to the Animal Control Authority to enforce the provisions of this title. “At Heel” means that the dog is positioned and controlled in such a manner so as to remain within a distance of two feet from its owner or other competent person having charge of such dog. “At large” means off the premises of the owner or upon the public streets, alleys, public grounds, school grounds or parks within the City. A dog shall not be deemed at large if: (a) It is attached to a leash or chain of sufficient strength to restrain the dog and not more than eight feet in length, when said leash or chain is held by a person competent to restrain and control the dog off the owner’s premises; (b) It is properly restrained within a motor vehicle or housed in a veterinary hospital; Page 56 of 67 Ordinance – Amend PMC 6.05.010 - 2 (c) It is accompanied by and at heel beside the owner or a competent responsible person; (d) The dog or dogs are left unattended on the owner’s premises, and it or they shall be so confined, tied or restrained as to be unable to range beyond the owner’s premises. “Cat” means and includes female, spayed female, male and neutered male cats. “Commercial kennel” means any lot, premises, building or structure where four or more dogs or four or more cats over six months of age are kept. “Competent person” means any person who, by reason of age, physical ability, and training, is capable of maintaining control of an animal to the extent required by this chapter. “Dangerous animal” means any animal that (a) has inflicted severe injury on a human being without provocation, (b) has killed a domestic or livestock animal without provocation, or (c) has been previously found to be potentially dangerous, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals. “Dog” means and includes female, spayed female, male and neutered male dogs. For the purpose hereof, "dog" means a domesticated member of the family canidae, specifically species Canus lupus familiaris, and excludes nondomesticated members of the family canidae and any hybrids thereof, including but not limited to wolves, coyotes, wolf-dog hybrids, and coyote-dog hybrids. “Domestic animal” means a tame animal in the house or home, or on the property, living with or used by people for companionship, work, and/or a food source. “Health Officer” includes any person designated as such by the Benton-Franklin district health office, or any other person designated as such by the City Council. “Livestock” includes, but is not limited to, horses, mules, cattle, sheep, swine, goats and fowl kept or raised on a farm, ranch, or other spread of land, which are raised for home use, profit, or hobby. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal for three consecutive days or more. An animal is deemed to be harbored if it is fed or sheltered for three consecutive days or more and knowingly permitted to remain on the premises occupied by that person. If the owner of the animal is a juvenile, a parent or other custodian of such juvenile shall for the purposes of this chapter be treated as the owner of the animal. “Person” includes any person, firm, organization, partnership, corporation, trust or association of persons. Page 57 of 67 Ordinance – Amend PMC 6.05.010 - 3 “Potentially dangerous animal” means any animal that when unprovoked: (a) inflicts injury on a human or a domestic animal or livestock, or (b) chases or approaches a person upon the streets, sidewalks, any public grounds, or upon private property other than that of the animal’s owner, in a menacing fashion or apparent attitude of attack, or (c) has a known propensity, tendency, or disposition to attack, or to cause injury or otherwise to threaten the safety of humans or domestic animals. , or (d) is a Pit Bull Terrier, which means any American Pit Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog or any mixed breed of dog that contains as an element of its breeding the breed of American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier so as to be identifiable as partially of the breed American Pit Bull Terrier, Staffordshire Bull Terrier, or American Staffordshire Terrier. “Poundmaster” means the chief officer appointed by the Animal Control Authority for the enforcement of animal control laws and regulations. The Poundmaster may include or employ Animal Control Officer(s) and/or a Chief Animal Control Officer. “Proper enclosure” means, while on the owner’s property, a dangerous or potentially dangerous animal shall be securely confined indoors or in an outside enclosed and locked pen or structure, resistant to tunneling, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides not less than five feet high and a secure top, and shall provide protection from the elements for the animal. The requirement for a secure top on the enclosure may be waived by the Poundmaster upon showing that it is unnecessary. This section shall not apply to guard dogs or watchdogs utilized to secure premises enclosed by a fence or wall, not less than five feet high and resistant to tunneling, located within an industrial or commercial zone, and engaged in a commercial business. “Severe injury” means any physical injury that results in death, broken bones or disfiguring lacerations requiring one or more sutures or cosmetic surgery. “Veterinary hospital” means a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals. “Welfare check” means tending to the well-being of an animal. Whenever a type or breed of animal is described in this chapter, it includes any hybrid, crossbreed or mixed breed of such animal to any degree that the type or breed can be identified by either the animal’s appearance, behavior or pedigree. Whenever a power is granted to, or a duty is imposed upon, the Poundmaster or Chief Animal Control Officer or other public officer, the power may be exercised or the duty performed by an agent of the officer or by any person duly authorized unless this chapter expressly provides otherwise. All other words and phrases used in this chapter will have their commonly accepted meanings. [Ord. 4475, 2019; Ord. 3870, 2008; Ord. 3756 § 1, 2006; Ord. 3723 § 1, 2005; Ord. 3714 § 1, 2005; Ord. 3326 § 1, 1998; Code 1970 § 8.02.010.] Page 58 of 67 Ordinance – Amend PMC 6.05.010 - 4 Section 2. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _______________, 2020. _____________________________ Saul Martinez, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 59 of 67 Sec. 6.05 –Animal Control Potentially Dangerous Dog LanguagePage 60 of 67 Sec. 6.05 Animal Control History and Recap RCW Conformity Nov 19, 2019 Hearing Recent Information Dog Bite Cases Average 25 cases per month (7 year sample) 3 from Potentially Dangerous Breeds City Case Studies No statistically sound data Recent cases, scant information Page 61 of 67 Penalties and Laws Enforcement and Penalties Leash Law Animal Control Primary Respond to Calls Classified as “Dog at Large” Initial Contact: Education Photo and File Kept Tickets for Habitual Offenders Dangerous Dog/Vicious Dogs/Dog Bites Animal Control Primary Contact Victim First Determine severity and course of action Owner Contacted Education provided at first, Infraction Next Case Dependent Discretion of Officer Sometimes Impoundment Page 62 of 67 Dangerous Dogs 10 Day Compliance Rabies Shot Insurance Rider Permit Leash and Muzzle Licensing Where applicable Good Citizen training (or equivalent) ACO Follow Up and Track No compliance Case turned to City Prosecutor Violations = Gross Misdemeanor Page 63 of 67 AGENDA REPORT FOR: City Council November 17, 2020 TO: Dave Zabell, City Manager Remote Workshop Meeting: 11/23/20 FROM: Dave Zabell, City Manager Executive SUBJECT: December 2020 Council Meeting Cancellations I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City Council has historically cancelled the second regular December meeting of the City Council and the two December workshop meetings. When there has been a need to meet, a special meeting has been scheduled at the convenience of the Council. The Council agendas for the October and November meetings were increaased, as well as the agenda of the first regular meeting of December to bring to conclusion the 2020 Council work plan by the December 7 regular meeting. V. DISCUSSION: The meeting and workshop dates for December include the December 21 regular meeting and December 14 and 28 workshops. There are no items pending for these dates. With Council's concurrence, staff will prepare a motion for consideration by the City Council at their December 7 regualar meeting to cancel the remaining scheduled December meetings. Page 64 of 67 2020-2021CITVCOUNCILGOAISUsigCommunityDevelopmentBlockGrant(CD55)andotherpublicandprivatecapitaltorevitaiizeolderneighborhoodsandsaferoutestoessentialservices.Continuingeffortstowarddesigning,siting,programmingneeds,andsiteselectionforacommunitycenterandpursuingacquisitionoflandforfuturecommunitypark.DevelopingPhaseIoftheAStreetSportingComplexandcontinueeffortstoprovideadditionalsoccerandspans?elds.CoordinatingwiththePascoPublicFacilitiesDistricttodevelopapubliceducationcampaign,?nancialanalysisandprepareaballotmeasureconcerningthedevelopmentofaregionalaquaticfacilityforconsiderationbythepeople.Completingconstructionofanewanimalcontrolfacility.Ongoingeffortstoimproveefficiencyandeffectivenessofpublicresourcesinthedeliveryofmunicipalservices,programs,andIong~termmaintenanceandviabilityofpublicfacilities.Collaboratingwiththeinclusion,DiversityandEquityCommissionandcommunityleaderstoenhanceengagementeffortsandorganizationalculturalcompetency.Updatingdesignstandardsforthedevelopmentofnewneighborhoodsandredevelopmenttopromotegreaterneighborhoodcohesionthroughdesignelements,eg.:walkabillty,aesthetics,sustainability,andcommunitygatheringspaces.UpdatingParksandFacilitiesComprehensivePlantoinclude:publicfacilitiesinventory,needsassessment,levelofservice,andcentersevaluation.TeamingwithlocalandregionalpartnerstodevelopaHousingActionPlanwithafocusonstrategiesthatemphasizeaffordablehousing.Regularevaluationofservicesandprogramstocon?rmimportancetocommunity,adequacy,andcost—bene?t.ContinuationofcostofserviceandrecoverytargetsinevaluatingCityservices.Ongoingevaluationofcosts,processesandperformanceassociatedwithdeliveryofCityservicesIncludingcustomerfeedbackandsatisfaction,staffing,facilities,andpartnershipopportunities.instillingandpromotinganorganizationalcultureofcustomerserviceacrossallbusinesslines.Updatingpoliciesrelatingtourbanizationoftheunincorporatedislandstoassureconsistencywithlong~rangeplanning,communitysafety,andfiscalsustainability.Page 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2020-1011CITVCOUNCILGOAISlDvelopingaComprehensivePoliceStrategicMasterPlanthroughatransparentprocesstoevaluatefutureservicelevelsofthedertmenttoassuresustainability,publicsafety,andcrimecontroloverthenext5-10years.Collaboratingwithregionalandcommunitypartnerstoevaluateandimplementstrategiestoreducetheincidenceofhomelessness.Leveragingandexpandingpartnershipstomaintainandenhancebehavioralhealthservicestocommunitymembersincrisisbeingassistedbypoliceandfire.Continuingeffortstoimprovepoliceandcommunityrelations.WorkingtoachieveandmaintaintargetfireresponsetimesthroughoperationalImprovementsandlong-rangestrategicplanningoffacilitiesandstaf?ng.Focusingonthelong-terrngoalofsustainingaWashingtonStateRatingBureauClass3communityrating.Leveraginginfrastructuredatabaseofsidewalks,streetllghtsandpavementconditionsalongwithevaluatingpoliciesandmethodstoaddressneedsandinequities.CommencementandcompletionofconstructionoftheLewisStreetOverpassproject,ContinuedemphasisonimprovementsinRoad68/l~182/BurdenBlvd.corridortoimproveoperationandsafety.Data-drivenpro-activeneighborhoodtrafficcalmingefforts.ContinuedcollaborationwithBenFmnklinTransittoenhancemobilityandaccess.CompletionofaTransportationSystemMasterPlanandutilitationofitsrecommendationstodeveloppolicies,regulations,programs,andprojectsthatprovideforgreaterconnectivity,strategicinvestment,mobility,multi-modalsystems,accessibility,efficiencyandsafety.DowntownrevitalizationeffortsofDowntownPascoDevelopmentAuthority(DPDA),post-COVIDrestart,andCityinitiativessuchasDowntownMasterPlanprocessandsigncodemodi?cations.TheconstructionofPeanutsParkandFarmersMarketandcontinuedeffortstopursuestreetscapeandgatewayupgrades.ThecompletionoftheComprehensiveLandUsePlanUpdateandBroadmoorMasterPlanefforts,adoptionofUrbanGrowthAreaexpansionalternative,implementationofadoptedlong-rangeplanningeffortswithappropriateanalysisandadoptionofplanningactionsincluding:zoningcodechanges,phasedsigncodeupdate,anddevelopmentregulationsandstandards.Page 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2010-2011CITVCOUNCILGOAL‘IncreasedeffortstopromotethecommunityasadesirableplaceforcommercialandIndustrialdevelopmentbypromotingsmallbusinessoutreachandassistance,predictabilityinprojectreview,andexcellentcustomerservice.PartnershipsandencouragementofDepartmentofNaturalResources(DNR)tofacilitatedevelopmentoftheremainingstate-ownedpropertiesatRoad68/l-182.ContinuedcoordinationwiththePortofPascotocompleteandimplementawaterfrontdoningplanandprovideforpublicinfrastructure.Activepartnershipsintheplanninganddevelopmentofstrategiestopromotetourismanddeploymentofassetstospureconomicactivity.Inconcertwithcommunitypartners,developmentofacomprehensiveeconomicdevelopmentplan.nInuedeffortsofcommunitysurveyingthroughtraProvidingopportunitiesforcommunityengagementthroughboards,commissions,volunteeropportunities,socialmedia,forums,andotheroutlets.Enhancedinter-agencyandconstituentcoordinationdevelopedduringthepandemic.Continuedeffortsofthecommunityidentity/imageenhancementcampaigntoincludepromotionofcommunityandorganizationalsuccesses.Enhancedparticipationandsupportofculturaleventsoccurringwithintheoommunity.SupportoftheArtsandCultureCommissioninpromotingunityandthecelebrationofdiversitythroughartandcultureprograms.Ionameosaneappicauononewecnoogies.Page 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