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Interlocal Agreement Regarding Snohomish County Law and Justice Planning Office1 91Iq I Ito ? _3 INTERLOCAL AGREEMENT REGARDING SNOHOMISH COUNTY LAW AND JUSTICE PLANNING OFFICE This agreement entered into this 14th day of September 1976 is between Snohomish Count ? y (hereinafter called the "County" and the Cities signatory hereto: WHEREAS, the State Office of Community Development has subcontracted to the County by the Planning Grant Award Contract (hereinafter called "Contract") certain law and justice planning and coordinating tasks within the region of Snohomish County, required to be performed under State contract with the Law Enforcement Assistance Administration pursuant to the Omnibus Crime Control and Safe Street Act of 1968 and the Crime Control Act of 1973 (hereinafter called "Acts"); and WHEREAS, the County and Cities desire that the aforementioned planning and coordinating tasks continue to be assigned to the Law and Justice Planning Office of Snohomish County; and WHEREAS, by Section 1B of said Contract the County has assured that the Legislative bodies in the County will establish a regional supervisory mechanism representative of criminal justice agencies, units of general local government, public and private agencies maintaining programs within the region to prevent and reduce crime and delinquency, and citizens of the region; and by Section 4 of said Contract has represented that persons performing the services required by the Contract shall be fully qualified and shall be authorized to perform such services, and has designated the professional "Regional Planner/Coordinator"; and WHEREAS, the County has previously formed the Snohomish County Law and Justice Planning Office (hereinafter called "Office") and designated a Regional Planner/Coordinator within such Office, and has made said Office a division of the Grants Administration Office in order to afford increased fiscal and program management control; NOW, THEREFORE, it is mutually agreed as follows: _D __the ggptract Section 1. As provided by Section 1B 4 the County and the Cities opt to form � g oral Supervisory Unit" composed of two bodies consisting of: the Board of Snohomish County Commissioners, which has final decision making authority, except as hereinafter provided; and the Snohomish County Law and Justice Regional Planning Committee (hereinafter called "Committee"), which shall be representative of the criminal justice system, and the community (as described in Section 1B of the contract) and which shall review acid advise on all matters pertaining to law and justice planning within Snohomish County including the preparation of annual comprehensive plans for law enforcement and administration of justice, and making recommendations on funding projects under the aforementioned Acts. For those funding applications for which the local matching is being provided in whole or in part by local governments other -1- than the County, only after review and concurrence by such other agencies may revisions be made to the application by the Board of County Commissioners. Section 2. Office Tasks. The Office shall perform the following functions pursuant to the fulfillment of the terms and conditions of the contract: A. Provide staff support to the Committee; B. Assist prospective applicants in the development, preparation and submission of applications for projects pursuant to the annual comprehensive plan for the region and the State; C. Certify and comment upon all applications for funding of projects submitted to the Office by units of general local government within the region; D. Provide technical assistance to units of general local government within the region in regards to the preparation of progress reports, financial reports and requests for reimbursement; E. Maintain familiarity with, and monitor the progress and adminis- trative systems operations of all projects within the region which receive financial assistance from the Acts, and advise the appli- cant agency of any corrective action required thereto, unless the applicant agency has otherwise assigned these responsibilities and so advise the Committee. F. Provide such additional work or assistance reasonable or necessary to accomplish the purposes of the Contract as is recommended by the Committee, directed by the Board of Snohomish County Commissioners, and/or approved by the State Office of Community Development. Said Office tasks shall specifically be/directed towards the fulfillment of the purpose, responsibility, annual regional plain, assistance to applicants, monitoring, and additional work sections of the Contract. Secti . Regional Planner. Coordi_I,_tor. The County has designated June Lloyd as the Snohomish County Regional Planner/Coordinator. Except in an emergency situation, no changes in such designation shall be made without concix.­ ence of the Committee. Section 4. Planning Authorization. The County and Cities hereby authorize the Committee as previously constituted to review and advise on all matters pertaining to criminal justice. The Committee shall be advised by the County of any revisions made to the plans and/or project applications by the County, prior to the County submittal of same to the State Law and Justice Planning Office, and of the reasons therefore, which -revisions shall first be approved by the Committee prior to their submittal to the State Office. Section_ 5. Local Cost. Participants to this agreement shall finance the local share of the cost of the Planning Office; such costs shall be distributed on the basis of population within the jurisdiction of the agency. The local -2- share of the cost for individual projects shall be borne by the applicant and/or benefiting agency thereof. In computing the "local share" unpaid shares of any non -participating government and the amount of any reimbursements due which have not been received shall be included and distributed to all of the benefiting agencies. Section 6. Duration. This Interlocal Agreement shall remain in effect so long as the State Office of Community Development continues to subcontract the aforementioned Law and Justice Planning and Coordinating Task to the County; provided, that the Supervisory Unit and the Office, as constituted herein, continue to satisfy the requirements of the Acts and applicable regulations of the Law Enforcement Assistance Administration and the State Office of Community Development; and provided farther, that subsequent to December 31, 1976, this Interlocal Agreement may be terminated by any party hereto, with respect to its obligations hereto, after giving ninety (90) days notice of an intention to terminate to the other parties at the end of any fiscal year. SNOHOMISH COUNTY, WASHMGTON ATTEST: HENRY WHALEN, Snohomish County Auditor and Ex-Officio CHAT E Clerk of the Board Commissioner By. CATHY SEAM, eputy Audit Commi.sjoner DATED: , 1976 ATTEST: Clerk 7W- Mayor, City of Edmonds DATED: September 14 1976 -3- LAW AND JUSTICE PLA1 T?NING IN WASHINGTON STATE President Ford recently signed into law legislation reauthorizing and extending the Law Enforcement Assistance Administration (LEAA) through Fiscal Year 1979. The authorized appropriations will be approximately $2,500000,000, with $880,000,000 earmarked for Fiscal Year 1977 and $800,000,000 each for Fiscal Year 1978 and 1979. The purpose of LEAA is "to provide financial and technical aid and assistance, to encourage states and units of general local government, to develop and adopt compre- hensive law enforcement and criminal justice plans based on their evaluation of State and local problems of law enforcement and criminal justice." These resources serve as a catalyst to assist state and local units of government in the examination of the functions of the criminal justice process and problems of crime and crime reduction. These funds will enable the development of plans which include innovative methods designed to impact crime and problems that hinder the effective functioning of the criminal justice process. The major provisions and the reauthorization of the crime control act are as follows: 1. State planning agencies must be established by statute on or before December 31, 1978. 2. State legislatures, upon their requests, are authorized to review and comment on state comprehensive plans preliminary to the plans submission to LEAA by the Chief Executive. 3. A set aside of $15,000,000 annually is authorized for community and anti - crime programs through the Office of Community Crime Prevention. 4. Statewide comprehensive plans must address the prevention of crime against the elderly. 5. Each state regional and local planning agency must assure broad participa- tion of the planning process. 6. Approximately 20% of the LEAA Crime Control Act funds must be directed at juvenile programs each year. 7. Legal and procedural arrangements must be developed for the award of mini block grants to local units of governments, if in compliance with the requirements of the act, LEAA, and the State Planning Agency. 8. Judicial planning in each state may be performed by a planning committee established by and at the discretion of the Chief Justice. Judicial plans will be developed in accordance with priorities established by the state supervisory board and are subject to review and approval by the super- visory board. 9. The placement of increased emphasis on civil rights compliance and dis- criminatory practices related to the program. For 1978, Comprehensive Criminal Justice Planning Expectations have been approved. The general theme of the current planning expectations is the minimization of burdensome regulations, red tape, and production of massive documents. The intent is to concentrate on a planning process which allows the unique situations and problems of each region of Washington State to be addressed. Major emphasis is given to defining the ingredients of a comprehensive planning process and providing definition for what is expected in the production of the 1978 Regional Comprehensive Criminal Justice Plans. The Major Emphasis of the 1978 Comprehensive Criminal Justice Plan Expectations are as follows: 1. The planning emphasis is multi -year in nature, concentrating on identify- ing problems and the effectiveness levels of the key criminal justice functional areas of prevention, diversion apprehension, prosecution/ defense disposition and punishment/habilitation. 2. Verification or approval of the planning process will be conducted via onsite reviews by members of the Governor's Committee on Law and Justice and staff of the Law and Justice Planning Office. Based upon substantial compliance with the "planning expectations," regions will receive a target amount of funds against which to plan. 3. Development of local/regional plan addressing the unique local problems of juveniles, Indian reservations, cities of 10,000 or more and counties. Criminal justice planning processes are being initiated throughout the state. The first onsite reviews are scheduled to be conducted in the latter two weeks of January 1977 and projects are scheduled for interim approval during April 1977 and final approval during May 1977. 4. Development of a judicial plan under the aegis of the Chief Justice of the state. Activities in this regard will be in accordance with statutory provisions of the Act as amended. Additional information regarding the law and justice program, the 1978 comprehensive criminal justice planning expectations or related activities may be obtained from your local Law and Justice Planning Office or Dan Greening, of the State Law and Justice Planning Office in Olympia at (206) 753-4936. Staff will be made available at your request to provide addi- tional information at your state, regions or local meetings and to address other concerns you may have regarding law and justice planning in Washington state. -3- THESF "INUTES SUBJECT TO S, 21BER 21 APPROVAL EDMONDS CITY COU14CIL MINUTES September 14, 1976 The regular meeting of the Edmonds City Council was called to order at 7:50 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould J. Herb Gilbo, M.A.A. Max Gellert Phil Clement Leif Larson, City Engineer John Nordquist Robert Anderson Joe Wallis, City Planner Tom Carns Marlo Foster, Police Chief Mike Herb Harry Whitcutt, Building Official John Wallace, City Attorney Irene Varney Moran, City Clerk Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:51 p.m.) Councilman Gellert requested that the Minutes of September 7 be removed from the MOTION: Consent Agenda for a correction. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA._ MOTION CARRIED. The remaining Consent Agenda contained the following item: (B) Acknowledge -Receipt of Claim for Damages - Kim Robert Cramer. Copy of claim sent immediately upon receipt to insurance company. APPROVAL OF MINUTES OF SEPTEM BER 7, 1976 (Item (A) removed from Consent Agenda) 7:53 p.m. Councilman Gellert asked that a correction be made in the minutes on page 4, the item "PROPOSED ORDINANCE TO PLACE PARK BOND ISSUES ON BALLOT." The sentence reading "Councilman Gellert said he could only vote in favor of a proposition which eliminates the pool cover if the utility tax could not be a part of the ballot." should be corrected to read "Councilman Gellert said he could only vote for the pool cover if the utility tax were a part of the ballot title." The minutes were then approved as amended. COUNCIL PARTICIPATION (7:54 p.m.) Councilman Herb said he would like to suggest placing on the agenda the question of whether or not the organizational structure of the Parks and Recreation Depart- ment should be reviewed. He referred to an article received from the Park Board, entitled "Parks and Recreation --Should they Separate?" Councilman Carns felt that as a committee is presently working on job descriptions for every department in the City it would be better to postpone such a discussion until that project is complete. Councilman Gellert noted, however, that the job descriptions are based on the duties and the committee has not made any effort to concern itself MOTION: with any reorganization. A MOTION WAS THEN MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE ON THE OCTOBER 12 AGENDA A DISCUSSION OF THE QUESTION OF WHETHER OR NOT THE PARKS AND RECREATION DEPARTMENT STRUCTURE SHOULD BE RE-EVALUATED AND WHETHER OR NOT IT SHOULD BE REORGANIZED. MOTION CARRIED, WITH COUNCILMAN CARNS VOTING NO. Councilman Gellert asked that copies of the referenced .MOTION: article be distributed to the Councilmen. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE SAME QUESTION BE PUT BEFORE THE PARK BOARD PRIOR TO THE OCTOBER 12 MEETING. MOTION CARRIED. Mayor Harrison said he had been requested to sign an Interlocal Agreement Regarding Snohomish County Law and Justice Planning Office, and June Lloyd, the Planner/ 1 Coordinator of the Snohomish County Law and Justice Planning Office, was present to answer any questions. Chief Foster had reviewed the agreement in a memorandum and had indicated that the cost to the City in 1977, as its match for the support of the Snohomish County Planning Office, would be $603.16. A question was raised about the total budget of the office and Ms. Lloyd distributed copies of the budget. The question was also raised of representation on the part of the City. Representation is outlined in the by-laws, but the the by-laws will be redrawn after the signing of the agreement. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GELLERT, TO AUTHORIZE THE MAYOR TO SIGN THE. INTERLOCAL_AGREEIENT REGARDING SNOHOMISH COUNTY LAW AND JUSTICE PLANNING OFFICE, THAT THE CITY'S FINANCING RESP014SIBILITY OF $603.16 BE MET, AND THAT THE CITY'S COST BE TAKEN FROM THE POLICE DEPARTMENT FUND. MOTION CARRIED. Councilman Carns commented that the background material on this had been received just this evening, and he did not like to expend money without having time to study the material'. City Planner Joe Wallis said that John Johnson had asked if the Mayor and Council could go out to view his property on Saturday, September 18. Mr. Johnson's property had been declared open space, and it had been suggested that he might want to donate it to the City of Edmonds on his death, as he did intend to donate it to some foundation or other entity to keep it open space. It was determined that the Councilmen would meet at Councilman Gellert's home at 8:00 a.m., September 18, and would then go to Mr. Johnson's property. Mr. Wallis requested that the hearing on the Comprehensive Policy Plan, scheduled for September 21, be removed from the agenda and said he would reschedule it at a later date. The Planning Commission wants to examine it more thoroughly before making a recommendation. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THIS ITEM BE DELETED FROM THE AGENDA, TO BE RESCHEDULED BY. THE CITY PLANNER. MOTION CARRIED. DISCUSSION ON CLAIM FROM RICHARD WALKER (Continued from September 7) (8:35 p.m.) M.A.A. Herb Gilbo reviewed the claim. A written report had been distributed to the Council. City Attorney John Wallace advised that the problem the City faces insofar as the Council authorizing any expenditure of funds for damage claims is that there must be liability or a possibility of liability before it can do so. He said if there is an absence of negligence there would be no liability, that the whole system of the right of recovery is based upon fault. He said if there is no fault, there is no duty to pay, and the City would then fall within the State constitutional provision against gifts of city monies or credit. He said if funds are spent to pay something for which there is no legal obligation to pay, it cannot be construed to be anything else but a gift, and that would be a violation of the State constitutional provision against giving any.of the city's assets, monies, resources or credit. Councilman Gellert felt there should be some provision for the rare incidents when neither the City nor the claimant is negligent and asked if it was not possible to make some kind of provision for expanded liability. Mr. MOTION: Wallace said he would have to research that. After further discussion A MOTION (Withdrawn) WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT BECAUSE OF THE FACT THAT LEGAL COUNSEL HAS ADVISED THAT THE CITY CANNOT PAY CLAIMS FOR DAMAGES UNLESS THE CITY IS SHOWN TO BE NEGLIGENT, AND BECAUSE THERE IS APPARENTLY NO NEGLIGENCE ON THE PART OF THE CITY, THAT THE CLAIMS FOR DAMAGES BE DENIED BY THE CITY COUNCIL. Discussion followed on whether the Council should act on a claim, and Mr. Wallace advised that the City's policy in the past has been to refer the claims to the insurance companies and defer to their judgment, but he said the Council had the right to review any claim. He said if the City were sued, the insurance company would have to afford the City a defense. COUNCILMAN NORDQUIST MOTION: THEN WITHDREW HIS SECOND, AND COUNCILMAN CARNS WITHDREW HIS MOTION. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE SUBJECT OF EXPANDED LIABILITY FOR UNFORESEEN DAMAGES BE PLACED ON THE OCTOBER 5 AGENDA. MOTION CARRIED. DISCUSSION ON CONSENT AGENDA (9:05 p.m.) City Clerk Irene Varney Moran reviewed the use of the Consent Agenda to date. She felt it had been an aid in speeding up the meetings and did not feel a resolution EDMO NDS CITY COUNCIL MINUTES September 14, 1976 - Page 2 SNOHOMISH COUNTY LAW & JUSTICE PLANNING OFFICE 4TH FLOOR - COUNTY ADMINISTRATION BLDG. EVERETT, WASHINGTON 98201 TEL. (206) 259-9521 October 14, 1976 u a CO E� U E D CITY OF EDJJMONDS BY.._.. ...... J..._.. ............ CITY 'CLERK Ms. Irene Varney Moran Edmonds City Clerk City of Edmonds Civic Center Edmonds, WA 98020 Dear Ms. Moran: Enclosed is your copy of the fully executed Law & Justice Planning Interlocal Agreement for your records. Thank you for your cooperation in this matter. Very truly yours, June Lloyd Planner/Coordinator Snohomish County Law & Justice Planning Office JL:dd Enclosure