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HomeMy WebLinkAbout2007.10.15 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 15,2007 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated October 1, 2007. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$792,934.91 ($181,907.82 in the form of Wire Transfer Nos. 4811,4812 and 4817 and $611,027.09 consisting of Claim Warrants numbered 162526 through 162763). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $272,038.22 and, of that amount, authorize $221,154.49 be turned over for collection. (c) Professional Services Agreement for Indigent Defense Services: 1, Agenda Report from Debbie Clark, City Clerk dated October 4, 2007. 2. Proposed Agreement. To approve the Professional Services Agreement for Indigent Defense with Carlos Villarreal and, further,to authorize the Mayor to sign the agreement. (d) Amendment No.4 to Professional Services Agreement with CH2MHi11: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 3,2007. 2. Amendment No.4 to Professional Services Agreement. To approve Amendment No. 4 to the February 22, 2005 Professional Services Agreement with CH2MHIll authorizing additional professional engineering services not to exceed$57,000 for the Water Filtration Plant Improvements (07-2-05) and Raw Water Pump Station and, further, authorize the Mayor to sign the agreement. (e) Tree Ordinance Update and Management Plan: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 3, 2007. 2. Proposed Professional Services Agreement. To approve the Professional Services Agreement with Community Forestry Consultants, Inc., and, further,to authorize the City Manager to sign the agreement. (f) Special Meeting for Budget Workshop: 1. Agenda Report from Gary Crutchfield, City Manager dated October 4, 2007. To fix 7:00 p.m., Monday, October 29, 2007 in the City Hall Council Chambers as the time and place for a special meeting for presentation of the 2008 Preliminary Operating and Capital Budgets. SRO MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Domestic Violence Awareness Month." Mayor Joyce Olson to present Proclamation to Denis Austin,Chief of Police, Pasco Police Department, 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 October 15,2007 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through September 30, 2007. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Parking Ordinance Revision: 1. Agenda Report from Michael McShane, City Engineer dated September 25,2007. 2. Map. 3. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance prohibiting parking on various streets, and amending Section 10.56.080 of the Pasco Municipal Code. MOTION: I move to adopt Ordinance No. , adding parking restrictions on certain streets and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: *(a) Resolution No. , a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of intersection of West Brown Street and Road 28/28'h Avenue. 1. Agenda Report from David I. McDonald, City Planner dated October 11, 2007. 2. Proposed Resolution and Vicinity Map. MOTION: I move to approve Resolution No. , fixing 7:00 p.m., November 5, 2007 as the time and date for a public hearing to consider the proposed vacation. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Award 2007 Handicap Ramps,Project No.07-3-06: 1. Agenda Report from Michael McShane,City Engineer dated October 10,2007. 2. Bid Summary. 3. Vicinity Map. (RC.) MOTION: I move to award the low bid for the 2007 Handicap Ramps Project No. 07-3-06 to A&B Asphalt in the amount of$126,460 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter Regular Meeting 3 October 15,2007 REMINDERS: 1. 6:00 p.m., Monday, October 15, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 5:00 p.m., Tuesday October 16, TRAC Facility— TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, October 17, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; MAYOR JOYCE OLSON,Alt.) 4. 12:00 p.m., Thursday, October 18, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; MATT WATKINS, Alt.) 5. 7:30 a.m., Friday, October 19, Richland City Council Chambers—Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; JOE JACKSON,Alt.) 6. 11.30 a.m., Friday, October 19, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 7. 12:00 p.m., Friday, October 19, Three-Rivers Convention Center — TRIDEC Membership Luncheon. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN) MINUTES REGULAR MEETING PASCO CITY COU7VCIL OCTOBER 1, 2007 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL, CALL: Councilniembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer and Denis Austin, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 17, 2007. (b) Bills and Communications: To approve General Claims in the amount of$1,151,665.35 ($68,496.98 in the form of Wire Transfer No. 4804 and $1,083,168.37 consisting of Claim Warrants numbered 162288 through 162525). To approve Payroll Claims in the amount of$1,646,178.94, Voucher Nos. 36987 through 37126; and EFT Deposit Nos. 30018959 through 3001.9438. (c) Council Representation on Boards and Committees. To approve Councilmember Matt Watkins as City Council representative to the LEOFF Board, replacing Councilmember Rebecca Francik. (d) Deed for Future Street Right-of-Way (MF#INFO-054): To accept the deeds from Helmes Development for street right-of-way along the north side of Coles Estates and Broadmoor Estates. (e) Water Filtration Plant Improvements (Valve Purchase) Project No. 07-2-05: To approve the purchase of materials for the Water Filtration Plant Improvements Project No. 07-2-05 from HDS Waterworks in the amount of$199,384.66 plus applicable sales tax and freight charges. (t) Resolution No. 3043, a Resolution accepting work performed by Sierra Electric under contract for the Road 68 and Wrigley Traffic Signal, Project No. 05- 5-24. To approve Resolution No. 3043, accepting the work performed by Sierra Electric under contract for the Road 68 & Wrigley Traffic Signal Project No. 05-5-24. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for September 2007 "Yard of the Month" to: MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2007 Carlos and Blanca Gomez, 423 N. Elm Avenue Bud and Mina Rogers, 114 Muirfeld Lane Daniel and Tiffany Coffland, 5003 Mariola Lane Leonid and Kyudmila Khomin, 4618 Muris Lane Mayor Olson presented a Certificate of Appreciation for September 2007 `Business of the Month Appearance Award"to: The Flower Basket, 4307 W. Court Street REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Tri-Cities Visitor & Convention Bureau Board meeting and the TRIDEC Board meeting. Mr. Larsen attended the Emergency Medical Services Board meeting. Ms. Francik attended the Advisory Committee for Aquatic Facilities meeting, the Tri Cities Joint Parks Board meeting and the Benton-Franklin District Board of Health meeting. Mr. Hoffmann also attended the Advisory Committee for Aquatic Facilities meeting. Mayor Olson attended the 25"Anniversary celebration of La Clinica and the Coirununity Action Committee Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3837, an Ordinance changing the name of street that was heretofore platted and named Billings Avenue. MOTION: Mr. Garrison moved to adopt Ordinance No.3837, changing the name of Billings Avenue to Heritage Boulevard and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3838, an Ordinance of the City of Pasco, Washington, creating a new Section 5.40.110, entitled "Notice of Sex Offender Residence." Council and Staff discussed the proposed ordinance. Mr. Joel Fort, representing WA State Dept of Corrections, noted they share the same concerns as the city on this issue. MOTION: Mr. Watkins moved to adopt Ordinance No.3838, creating a new Section 5.40.110, entitled Notice of Sex Offender Residence and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 3044, a Resolution approving the purchase of certain real property by the Water Utility Fund. Council and Staff discussed the proposed purchase. MOTION: Mr. Watkins moved to approve Resolution No.3044, approving the purchase of certain real property for'a second water treatment plant. Mr. Jackson seconded. Motion carried unanimously. NEW BUSINESS: Special Permit: Migrant Head Start Building(WA State Migrant Council) (315 W. Court Street) (MIT#SP07-010): 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2007 MOTION: Mr. Watkins moved to approve the special permit for the Washington State Migrant Council Head Start building, at 315 W. Court Street, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit: School Master Plan (Tri-Cities Prep) (9612 St. Thomas Drive) (MIT #SP07-011): MOTION: Mr. Watkins moved to remand the Tri-Cities Prep special permit application back to the Planning Commission for the purpose of addressing the issue of stadium lighting on the sports fields. Mr. Jackson seconded. Motion carried unanimously. Road 28/Road 26/Brown Street Improvements Project No. 06-3-08: MOTION: Mr. Watkins moved to award the low bid for the Road 28/Road 26/Brown Street Improvements Project No. 06-3-08 and St. Paul Lane Improvements to A&B Asphalt in the amount of$171,239.50 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote Reconstruction of Alley Approaches Project No. 07-3-04: MOTION: Mr. Watkins moved to award the low bid for the Reconstruction of Alley Approaches Project No. 07-3-04 to A&B Asphalt in the amount of$71,750 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Community Survey Policy Questions: Council selected three 2007 Survey Policy Questions and discussed the wording of the questions. Mr. Brad Peck, 200 Rd 34, suggested rewording the pool question to include the cost of each option. Mr. Crutchfield informed Council that Rhoads Asphalt has been notified of the city's potential need to revoke the contract award for the Sun Willows Golf Course Cart Path improvements project if the required performance bond is not provided by October 4cn ADJOURNMENT: , There being no further business, the meeting was adjourned at 8:10 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 15`' day of October, 2007. ., 3 CITY OF PASCO Council Meeting of: October 15,2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the u er 4te reby c ity under penalty of perjury that the materials have been furnished,the services n Bbor perfo ed as described herein and that the claim is a just, due and unpaid obligatio aiand th a are authorized to authenticate and certify to said cl ' r` '1+ Gary ut eage James °se, Finance Manager We,th e undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4811,4812 and 4817 in the amount of$181,907.82, have been authorized;that Check No.s 162526 through 162763 are approved for payment in the amount of$611,027.09,for a combined total of$792,934.91 on this 15th day of October,2007. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 390.00 Judicial 12,045.80 Executive 7,680.66 Police 43,974.73 Fire 7,659.24 Administration& Community Services 71,682.22 Community Development 10,452.20 Engineering 13,379.84 Non-Departmental 43,52199 Library 1,504.20 TOTAL GENERAL FUND: 212,292.88 STREET 42,975.09 C. D. BLOCK GRANT 4,534.22 KING COMMUNITY CENTER 3,598.89 AMBULANCE SERVICE 2,516.61 CEMETERY 4,224.05 ATHLETIC PROGRAMS 448.80 SENIOR CENTER 6,105.18 MULTI MODAL FACILITY 1,823,91 RIVERSHORE TRAIL& MARINA MAIN 232,95 SPECIAL ASSESSMNT LODGING 20,380.23 REVOLVING ABATEMENT 3,916.49 PARKS FUND 0.00 TRAC DEVELOPMENT 0,00 STADIUM/CONVENTION CENTER 2,763.94 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 22,112.67 METRO DRUG FORFEITURE FUND 929.00 GENERAL CONSTRUCTION 860.90 WATER/SEWER 1 85,567.85 EQUIPMENT RENTAL-OPERATING 30,608.02 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 181,907.82 PUBLIC FACILITIES DIST 26,380.82 FIRE PENSIONS 0.00 PAYROLL CLEARING 36,902.60 'fRI CITY ANIMAL CONTROL 1,851.99 GRAND TOTAL ALL FUNDS: $ 792,934.91 3(b).1 AGENDA REPORT FOR: City Council DATE: 10/10/2007 TO: Gary Crutchfi 1 y anager REGULAR: 10/15/2007 Stan Zas s tive&Community Services Director FROM: Jim e cc Manager SUBJECT: BAD DE WRITE-OFF'S/COLLECTION. I. REFERENCE(Sl: Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$272,038.22 and,of that amount, authorize$221,154.49 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under $10 with no current forwarding address,or ate accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers;"the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Tho§e submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts,over 120 days past due or statements are returned with no forwarding address. Thossubmitted for collection exceed$10.00. Amount ` Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 79.49 6,918.26 6,997.75 Ambulance $ 50,804.24 8,898.84 59,703.08 Court A/R $ .00 197,288.00 197,288.00 Liens $ .00 6,890.00 6,890.00 Cemetery $ .00 1,009.39 1,009.39 General $ .00 150.00 150.00 i TOTAL: $ 50,883.73 221,154.49 272,038.22 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).2 AGENDA REPORT FOR: City Council October 4, 2007 TO: Gary Crutchfi onager W/Shop Mtg.: 10/0$/07 Stan Strebel, jervices ist ive & Community Director Regular Mtg.: 10/15/07 FROM: Debbie Clark, City Clerk SUBJECT: Professional Services Agreement for Indigent Defense Services I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08: Discussion 10115: Motion: I move to approve the Professional Service Agreement for Indigent Defense with Carlos Villarreal and further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $ 30,000 annually (min.) General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City has a panel of two attorneys for providing defense services to indigent defendants in Municipal Court. The agreement for one of the attorneys, Ryan Swinburnson, expires on December 31 of this year. Mr. Swinburnson has advised staff that he has chosen to terminate his agreement with the City of Pasco effective October 31, 2007 due to acceptance of a contract with Benton County. B) Staff has solicited applications and interviewed three applicants, for the period of November 1, 2007 through December 31, 2009. It is recommended that Carlos Villarreal be retained for providing public defense services for the timeframe of November 1, 2007 through December 31, 2009. Mr. Villarreal has experience in many of the courts in the area and has served as a conflict attorney in the Pasco Municipal Court. C) The proposed contract is the same in all material aspects as the existing contract with the City's other public defender. D) Staff recommends approval of the agreement. 3(c) PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective November 1, 2007, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City", and Carlos Villarreal, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall communicate with individuals confined to jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court wWch shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall be responsible for prosecuting the appeal in Superior Court. If and when the case is remanded to Pasco Municipal Court,Attorney shall continue to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the term of this Agreement. Professional Service Agreement- 1 D. The Attorney is expected to have knowledge of the court's schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A. SECTION II ` COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: (1) For the timeframe of November 1st, through December 31st, 2007: $ 130.00 for each case aligned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; and $410.00 for each case appealed to Superior Court. (2) For the 2008 calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation platter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. (3) For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made monthly with the first monthly payment to be made not later than the 28`1' day of December 2007, constituting compensation for the inunediately preceding month; subsequent payments being made not later than the 30`' day of each succeeding month and the final payments being made not later than the 30'x' day of January 2010. Professional Service Agreement-2 B. The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assignments per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. D. Definitions: (1) "Case assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the ` time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the terms of probation. (2) "Deferred or Probation Case Assigned". For the purposes of this Agreement shall inean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terms of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM Professional Service Agreement-3 ; The tenns of this Agreement shall be for the period conunencing November 1, 2007, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the (natter as set forth below, If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one (1) additional tern of one (1) year. The terms and conditions of the renewal tern shall be identical to the terms and conditions of the last year of the original tern (with appropriate modifications of installment payment dates) except that upon termination of the final tenn, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring tern. The ` giving of such notice shall make the agreement binding for the renewal terrn without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney's Law Finn may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five Professional Service Agreement-4 (45) days advance written notice to the other. This Agreement may be tenninated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbarment or suspension from the practice of law, this Agreement shall tenninate as of the effective date of such disbanment or suspension. In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section II above. SECTION VII INSURANCE AND INDEMNIFICATION ` During the tern of this Agreement, the Attorney shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Waslvngton, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of commencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty (30) days written notice to the City. DATED this day of October, 2007. CITY OF PASCO Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney ATTORNEY Carlos,Villarreal;Attorney at Law Professional Service Agreement-5 #b , T � �yy M7.• AGENDA REPOT NO. 24 FOR: City Council October 3, 2007 TO: Gary Crutchfi anager FROM: Robert J. Alberts, �rks Director Workshop Mtg.: 10/8/07 N Regular Mtg.: 10/15/07 SUBJECT: Amendment No. 4 to Professional Services Agreement with CH2MHill I. REFERENCE(S): 1. Amendment No. 4 to Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/8/07: Discussion 10/15/07: MOTION: I move to approve Amendment No. 4 to the February 22, 2005 Professional Services Agreement with CH2MHill authorizing additional professional engineering services not to exceed $57,000, for the Water Filtration Plant Improvements (07-2-05) and Raw Water Pump Station and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Utility IV. HISTORY AND FACTS BRIEF: A) The Capital Improvement Plan shows improvements at the Water Filtration Plant including valve replacement and modification to the settling basins. The replacement of the roof on the Raw Water Pump Station is scheduled for 2008. V. DISCUSSION: A) The services include the design and preparation of technical support documentation on bid documents for,the sedimentation weirs, isolation slide gate and the installation of 49 pipe gallery valves being furnished by the City. The services also include the pre-design work in identifying two options for replacing the Raw Water Pump Station roof. A new roof is needed to improve the access needed to replace pumps and screens. All of these improvements will improve the overall operation of the water filtration plant. The total fee for this work is based on a lump sum of$57,000. i Staff recommends approval of Amendment No. 4 to CH2MHill Professional Services Agreement. 3(d) AMENDMENT NUMBER 4 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005, with respect to on-going professional engineering services. NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide additional utility design and engineering services as described on Exhibit A. 1. Scope of Work: Tasks 1 —4 which include: • Design and preparation of technicral'support documentation for bid documents for the sedimentation weirs, isolations' slide gate and installation of 49 pipe gallery valves. • • Pre-design work in indentifying two options for replacing the Raw Water Pump Station roof. 2. Fee: The added services by the consultari;shall be for the lump sum total of$57,000. 3. Time of performance: The services shall be complete for the project on or before February 1, 2008. DATED THIS DAY OF ,2007. CITY OF PASCO: CONSULTANT—C112M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland.B. Kerr, City Attorney CH2M Hill 1 Amendment No.4 Professional Services Agreement—On-going Services EXH"IIT A Water Filtration Plant Modifications an&Raw Water Intake Pumping Station Roof Replacement GENERAL: The City of Pasco is intending to replace certain valving within the water filtration plant that has reached its useful life and/or where replacement parts for the existing valves are no longer being offered by the valve manufacturer. The City staff has prepared a listing of all valves to be replaced, and is currently placing an order for the replacement valves and operators with a selected manufacturer. The City of Pasco has requested that CH2M HILL prepare a contract for installation of the pre-purchased valves by a third party Contractor with work to be completed during the winter period in 2007-2008. In addition,the City has requested that CH2M HILL include minor improvements to the plant that include the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation basins, and provide one isolation slide plate between the two sedimentation basins in the filter inlet channel. Task 1 through 3 of this Scope of Services is intended to provide services for the Water Filtration Plant Valve Replacement,Sedimentation Basin Weirs,and the Isolation Slide Plate between the two Sedimentation Basins. In addition,the City of Pasco's Raw Water Intake Pumping Station at the Columbia River contains four raw water pumps, and two intake screens. Currently, the Pumping Station has a cast-in-place concrete roof with center pier. Equipment removal from the Pumping Station requires that each piece of equipment be dismantled and removed in pieces for maintenance and repair. Task 4 of this Scope of Services is intended to evaluate the alternates available for the replacement of the cast-in-place concrete roof. Scope of Services Task 1. Valve Replacement CH2M HILL will conduct an inspection of the valves to be replaced with the City staff. Each Valve will be photographed to identify its location. The electronic photograph will be used for identification of the extent of work to be performed by the third party Contractor. The extent of work will be listed on the face of the photo to include removal and replacement of the existing valve,re-connection to the existing operating air supply,re- connection to the existing electrical,and reconnection to the existing control system (if required). No new air piping, electrical, or control is anticipated in this Scope of Service. Task 2. Sedimentation Weirs CH2M HILL will prepare one plan drawing and one detail drawing for the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation basins. The drawings may be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 3. Isolation Slide Plate CH2M HILL will prepare one additional detail drawing(utilize the plan drawing in Task 2 for location) for the installation of one isolation slide plate between the two sedimentation basins in the filter inlet channel. The drawing•may be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 4. Roof Alternates CH2M HILL staff will visit the Raw Water Intake Pumping Station to assess the condition of the existing roof, and to identify up to two (2)Possible alternates for improved access to equipment within the Pumping Station. Based on the site visit,CH2M HILL staff will prepare a technical memorandum identifying the two (2) possible alternates for replacement of the cast-in-place roof along with an opinion of probable costs for each alternate. Alternates to be considered include a steel (possibly aluminum) roof structure (hipped or gabled), that could be removed from the entire structure during a maintenance and/or repair event by a land based crane. The second alternate would be a steel(possibly aluminum) roof structure (hipped or gabled) with sky light openings above pumping equipment and screens for equipment removal. Sketches of the alternates (plan and elevations) will be included in the technical memorandum. One meeting will be held with the City after delivery of the technical memorandum to go over the memorandum contents, and respond to any questions of the City staff. It is anticipated that agreement will be reached at the meeting on the preferred alternate, and that the City may modify this Scope of Services to proceed with the design of the preferred alternate. Basis of Compensation The compensation for Task 1 through Task 4 of this Scope of Services is based on LUMP SUM of$57,000.00. All Work will be conducted under the terms and conditions of the Professional Services Agreement between the City of Pasco and CH2M HILL signed February 22,2005. Assumptions: 1. Accurate drawings for the existing facilities will be provided to CH2M HILL by the City. 2. Access to the facilities will be made available to CH2M HILL staff for investigation and data collection. 3. Any agency or other regulatory submittals will be provided by the City. 4. Construction work will be bid using a single Contract Document package. a) Document format willibe CH2M HILL standard format including bidding requirements, technical specifications,and drawings. b) Drawings will be prepared using MicroStation CAD software. Final Drawing files will be provided to the City in AutoCAD format c) City will prepare the Bidding Documents utilizing the master Bidding Document prepared by CH2M HILL. Specificatiws will be prepared at 81/2.X 11 size. Drawings will be prepared at 11 X 17 size. Color Photos will be utilized in the Bidding Documents. ; d) Review Documents will be providedto the City at 50% and 90%design completion. City review comments will be obtainjd=and incorporated. 5. Bidding and contract award will be provi 2d by the City. 6. Any CH2M HILL services during bidding,contract award, and construction will be negotiated under a separate Scope of SeAke. Y r* AGENDA REPORT FOR: City Council Date: 10/03/07 TO: Gary Crutchfi anager W/Shop Mtg.: 10/08/07 Reg, Mtg.: 10/15/007 t FROM: Stan Strebel, his Live&Community i Director SUBJECT: Tree Ordinance Update and Management Plan I. REFERENCE(S): A) Proposed Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08 DISCUSSION 10 115 MOTION: I move to approve the Professional Services Agreement with Community Forestry Consultants, Inc and to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $8,500 Grant IV. HISTORY AND FACTS BRIEF: A) The City has been awarded a grant from the State Department of Natural Resources for the purpose of reviewing(and revising, if necessary)our tree ordinance and for the development of a tree management plan for the City. Both of these items will assist staff and citizens in maintaining healthy trees within our community. In addition, completion of these items will qualify the City for recognition as a"Tree City"by the department. B) Staff has identified a consultant who is experienced and qualified to do the work required by the grant. The consultant will review our existing ordinance regarding trees in the public rights-of way with input from the Park and Recreation Advisory Council. Any recommended updates to the ordinance, which was originally developed some 35 years ago, will be identified. In addition, the consultant will work with city staff to update our existing tree inventory and develop a management plan appropriate for Pasco. Work of the consultant will be completed in March, allowing the city time to complete all grant responsibilities before June 1, 2008. C) Staff recommends approval of the agreement. 3(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Community Forestry Consultants, Inc, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a review of the City's tree ordinance and make appropriate recommendations for revision and to recommend a tree management plan for the City. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to complete the work as outlined in the `Proposal for Services' that is dated September 5, 2007, and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, ro�vid_ed, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 1 A. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A (6 pages, attached), provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $8,500.00 plus travel expenses without prior authorization of the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall.be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product by March 1, 2007. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter 'individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 2 6. General and Professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability Insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 3 15, Covenant against contingent. fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage,brokerage fee, gift, or contingent fee. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco,WA 99301 Notices to the Consultant shall be sent to the following address: Jim Flott Community Forestry Consultants, Inc 2020 E 36`h Ave. Spokane, WA 99203 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 2007 CITY OF PASCO CONSULTANT: Community Forestry Consultants, Inc. By: Gary Crutchfield City Manager Title: Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 4 k 'r't r� CONSULTING ARBORISTS 2020 E. 36TH AVENUE SPOKANE, WA 99203 509-954-6454 509-534-2019 (FAX) cfconsults@comcast.net PROPOSAL FOR SERVICES September 5, 2007 Dan Dotta Facilities Manager Pasco Facilities Department 525 N. Third PO Box 293 Pasco, WA 99301 RE: Ordinance Review and Revision and Management Plan Generation Dear Mr. Dotta: Thank you for considering Community Forestry Consultants (CFC) to conduct an ordinance revision and develop a management plan for the community forest of Pasco. Community Forestry Consultants offers independent and objective arboricultural consulting services for trees, shrubs and other woody plants and their growing environments as well as program development and facilitation of public process, particularly in regards to urban forestry issues. CFC provides arboricultural, community forestry and horticultural consulting services for residential properties, attorneys, insurance corporations, universities, golf courses, utilities, counties, municipalities and other government agencies. Tree management services provided include TreeWorksT"' tree management software; management plans; tree inventories; ordinance development; tree appraisals; risk assessment and risk management plans; tree preservation plans; program development and assessments; contract and specification development and contract monitoring for removal, pruning and planting programs; diagnosis and pest management; training programs; expert witness, and forensic investigation. I am an International Society of Arboriculture (ISA) certified arborist; an ISA certified municipal specialist; and an American Society of Consulting Arborists (ASCA) registered consulting arborist. I have more than twenty years of work experience managing and supervising commercial and municipal arboriculture, urban forestry and horticulture projects. titer I. i A , � ri a ,5� ° 1 The company is licensed and insured. CFC carries one million dollars coverage for each in general liability, auto liability and errors and omission insurance and statutory workers compensation. I am pleased to submit the enclosed proposal for revising the tree ordinance and developing an urban forestry management plan for the City of Pasco. I am available to review this proposal with you. Please contact me if I can provide ' further information or if you have any questions. I look forward to discussing this document with you. Thank you for consideration of this submittal. Please contact me if you have any questions. Sincerely, Jim Flott ISA Certified Arborist, Municipal Specialist PNO920AM ASCA Registered Consulting Arborist#441 2 k:-Y may$ 'yi ���� ��J.i�i✓ i" ' .,. PROJECT PROPOSAL ORDINANCE REVISION Ordinances are considered by urban foresters to be most important component of a successful urban forestry program. Ordinances are regulations enacted by municipal government. Tree ordinances define the legal interaction between -the public, the city and its trees. They define, among other things, what a private individual can and cannot do to a public-owned tree. "Fhey should be revised as the urban forestry program and community values change. If well designed they will address standards by which the urban forestry program operates and should be sustainable beyond the tenure of current city staff, administration and elected officials. MANAGEMENT PLAN AND COMMUNITY PARTICIPATION Urban forestry management plans include input from local citizens, organizations, businesses, municipal staff and elected officials. They are integrated with other comprehensive community plans and create a blueprint for administration and management of the community tree program. Removing, pruning, planting, preservation, education, coordination and communication among citizens, tree committee, city staff and elected officials are critical components in the development of the urban forest management plan. The management plan appropriate to Pasco, and most likely to be approved in Pasco, is written with a thorough understandini':of the natural resource, community, political-economic climate and legallramework of the city. It involves input from city council, tree committee members and the community to develop goals for the program. Available interest, expe se, time and financial resources of the city will be considered when determining how to develop the plan. Good tree management involves setting goals and objectives and developing specific management strategies to meet them. Fundamental to a tree management program is the inventory. Tree inventories are the foundation of an effective tree management program. The tree inventory will provide data to support management objectives and recommendations contained in the urban forest management plan. CFC proposes to revise the ordinance and develop and write the management plan based on inventory data, community resources and values. 3 1 h s y "N. kat u_ STATEMENT OF QUALIFICATIONS WORK EXPERIENCE WITH CITY OFFICIALS, PUBLIC GROUPS AND COMMITTEES . r I have worked with various public and private agencies and provide advanced technical support in municipal urban forestry issues. My specialization is in managing community forestry programs. In previous career positions and consulting contracts, I have worked with citizens, property owners, city administrators, city planners, city engineers, elected officials and others who may impact trees in cities. My efforts are focused on people management as well as tree management. I have provided urban forestry consulting services, management plans, tree management software, tree inventories, removal programs, pruning programs, planting programs, and training workshops for the following communities and agencies in the last five years. Washington DNR Community Forestry program City of Spokane, WA Washington State University Cooperative Extension City of Starbuck, WA Oregon Department of Forestry City of Colville, WA Bonners Ferry County Extension, ID City of Odessa, WA Spokane Community College, WA City of Chelan, WA City of Walla Walla, WA City of Fairfield, WA City of Washtucna, WA City of Twisp, WA Colville Federated Tribes Park and Recreation, WA City of Pateros, WA City of Davenport, WA City of Marcus, WA Washington Recreation and Park Association Fairchild Air Force Base City of Richland, WA City of LaCrosse, WA City of Waverly, WA City of Eugene, OR City of Redmond, OR City of Lake Oswego, OR City of Colfax, WA City of Ketchum, ID University of Washington City of Evans, CO City of Post Falls, ID City of Sandpoint, ID Spokane Public Schools, WA Kamloops, BC, Canada Greenwich, CT Buffalo, WY PNW-ISA Chapter Utah ISA National Arbor Day Foundation American Forests Mid-Atlantic ISA Chapter City of Latah Creek, WA City of Sisters, OR Stevens County, WA Virginia Department of Forestry New England ISA Alaska Department of Forestry Mid-Atlantic ISA Washington State Parks Oregon State University Corvallis, OR 4 S w C11 :)u t PROJECT STAFF QUALIFICATIONS The tasks and responsibilities of this project will be handled by Jim Flott. I will personally conduct all activities required for this project. I have a BS in Horticulture from Iowa State University and MS in Forest Pathology from the University of Arizona. My education focused on urban forestry management, nursery production and forest pathology. I am an International Society of Arboriculture (ISA) certified arborist, ISA certified municipal specialist and an American Society of Consulting Arborists (ASCA) registered consulting arborist. My diverse background includes work experience in private and public arboriculture, horticulture, nursery production and all components of municipal ,arboriculture. I have over twenty-five years experience in the arboriculture, -horticulture and urban forestry professions. I have organized, designed and implemented urban forestry management programs for agencies across the United States and Canada. These programs included inventories, resource assessment, management plans, ordinance development, program reviews, public education and removal, pruning and planting projects. I speak regularly at national, regional and local conferences on various urban forestry topics. Recent lectures, articles and workshops have focused on proper tree planting. I teach Arboriculture classes at the Spokane Community College and serve on the boards of the Washington Community Forestry Council and the Pacific Northwest-International Society of Arboriculture. I am located in Spokane. I am available for staff presentations, public meetings and training programs during weekdays, evenings and weekends with reasonable notice. I am readily available by phone, fax and e-mail. PROJECT SCOPE • Compile all relevant information about the urban forestry (UF) program as it currently exists. Synthesize this information for incorporation into the management plan and for use in the revision of the ordinance. • Interview OF staff, OF committee members to determine priorities and goals of the OF program, as well as gain insight into the cultural, historical, political and budgetary context of urban forestry in Pasco. • Identify, with input and direction from OF staff, key stakeholders in urban forestry (besides OF staff and OF committee), including other City of Pasco departments and any non-profit organization or private industry group. Compile information gathered and incorporate into the management plan and ordinance revision. 5 y_ i a 9 � ..... K ..t • Research other Pacific Northwest cities' urban forestry ordinances and management plans. Identify elements of these ordinances, programs or plans the may improve urban forest management in Pasco. • Synthesize all information gathered in above tasks for incorporation into the management plan and ordinance revision. Develop a vision for the future management including recommendations and implementation strategies for improvements to urban forest management in Pasco. • Submit final draft of management plan and ordinance to OF staff for review. • Develop a presentation for city manager and city council summarizing the ordinance revision and management plan process and the final ordinance and management plan. • Present final ordinance and management plan. The following proposal outlines the fees associated with conducting the program. Ordinance Revision Process and Generation $3,500.00 Management Plan Process and Generation $5,000.00 Travel expenses (lodging, mileage ($0.50 per mile) billed as accrued) Sales tax is not included in fee estimates. Pricing Good Through 30 October 2007 6 i AGENDA REPORT TO: City Council October 4, 2007 FROM: Gary Crutchf el Manager Workshop Mtg.: 10/8/07 Regular Mtg.: 10/15/07 SUBJECT: Special Meeting for Budget Workshop I. REFERENCE(S): 1I. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to fix 7:00 p.m., Monday, October 29, 2007 in the City Hall Council Chambers as the time and place for a special meeting for presentation of the 2008 Preliminary Operating and Capital Budgets. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Staff typically completes the preliminary budget for the ensuing calendar year by the end of October and presents it to Council at a workshop in early November (usually the second Monday). The budget presentation usually consumes a solid two hours, so there is little time for other business. V. DISCUSSION: A) In view of the fact that October this year has five Mondays, staff recommends that a special meeting be conducted that evening to focus on the budget and avoid its usual impact on the ability to conduct other business at the regular workshop meeting on the second Monday of November. ft is important, however, that most, if not all, Councilmembers are available for the special meeting. 3(f) GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2007 CASH BASIS YTD %OF YTD TOTAL %OF 2007 2007 ANNUAL 2006 2006 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,862,556 5,205,000 55.0% 2,328,282 4,748,822 49.0% SALES 6,460,862 7,071,300 91.4% 5,929,319 8,063,165 73.5% UTILITY 5,162,482 6,350,000 81.3% 5,125,507 6,749,649 75.9% OTHER 686,372 945,000 72.6% 625,583 806,606 77.6% LICENSES&PERMITS 1,492,237 957,100 155.9% 1,628,176 1,912,608 85.1% INTERGOV 7 REVENUE 1,072,744 1,544,500 69.5% 1,044,260 1,408,019 74.2% CHARGES FOR SERVICES 1,968,926 2,549,340 77.2% 1,879,867 2,424,454 77.5% FINES& FORFEITS 710,584 721,000 98.6% 576,958 796,721 72.4% MISC. REVENUE 748,710 728,800 102.7% 691,297 973,277 71.0% OTHER FINANCING SOURCES 185,113 135,000 137.1% 28,125 38,030 74.0% TOTAL REVENUES 21,350,586 26,207,040 81.5% 19,857,374 27,921,351 71.1% BEGINNING CASH BALANCE 5,314,454 6,000,000 6,498,810 6,498,810 TOTAL SOURCES 26,665,040 32,207,040 82.8% 26,356,184 34,420,161 76.6% EXPENDITURES: CITY COUNCIL 73,672 106,150 69,4% 79,057 106,376 74.3% MUNICIPAL COURT 734,885 996,515 73.7% 672,089 977,330 68.8% CITY MANAGER 497,159 603,550 82.4% 454,516 617,137 73.6% POLICE 7,349,085 8,809,373 83.4% 6,283,657 8,570,660 73.3% FIRE 2,804,539 3,539,260 79.2% 2,936,301 3,848,386 76.3% ADMIN &COMMUNITY SVCS 3,524,595 4,706,185 74.9% 3,496,250 4,553,616 76.8% COMMUNITY DEVELOPMENT 1,055,442 1,070,450 98.6% 1,004,725 1,304,942 77.0% ENGINEERING 717,075 1,080,730 66.4% 895,451 1,206,579 74.2% MISC. NON-DEPARTMENT 2,947,882 5,642,855 52.2% 4,659,700 6,979,718 66.8% LIBRARY 830,383 1,030,000 80.6% 778,307 940,963 82.7% TOTAL EXPENDITURES 20,534,717 27,585,068 74.4% 21,260,053 29,105,707 73.0% ENDING FUND BALANCE 4,621,972 5,314,454 TOTAL EXPEND AND END FUND BAL 32,207,040 34,420,161 AVAILABLE CASH BALANCE 6,130,323 5,096,131 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS 75.0% • Authorized but non-budget expenditures of $349,840 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT NO. 20 FOR: City Council 2 September 25, 2007 TO: Gary Crutchfie anager Robert J. Albe 'Works Director FROM: Michael McShane, ity Engineer Regular Mtg.: 10/15/2007 SUBJECT: Parking Ordinance Revision I. REFERENCE(S): 1. Map 2. Ordinance TT. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/15/07: CONDUCT A PUBLIC HEARING 10/15/07: MOTION: 1 move to adopt Ordinance No. adding parking restrictions on certain streets, and further, authorize publication by summary only. TIT. FISCAL IMPACT: None TV. HISTORY AND FACTS BRIEF: A) On September 24, 2007 Council held a workshop regarding the proposed Parking Ordinance Revision and indicated a public hearing should be held specifically to address parking along the Road 26 / Brown / Road 28 Corridor, along with the additional revisions. B) Along the Road 26 / Brown / Road 28 Corridor, staff is proposing to continue to allow parking in front of four residences on Road 28 as well as residences along the south side of Brown Street. We are proposing restricting the parking on the remainder of the areas along Road 26/Brown/Road 28. V. DISCUSSION: A) This ordinance amends Section 10.56 080 (Schedule IR,, Parking Prohibited at All Times on Certain Streets) of the Pasco Municipal Codes to add the following streets to the list of prohibited parking streets. No Parking on Both Sides: Heritage Blvd. - from Lewis St to "A" Street Chapel Hill Blvd - from Cresent Rd to Broadmoor Blvd.; Court Street - from Road 68 to Road 84; Lewis Street—from Cedar Ave. to Heritage Blvd, Road 26—from Court St. to Brown St. Road 80 - from Court St. south; Road 84 - from Sunset Ln. south; Sandifur Parkway- from Road 60 to Road 44; No Parking on North Side Only: Ainsworth Avenue - from Railroad Ave to Oregon Ave; Brown Street - from Road 28 to Road 26; 7(a) No Parking on Fast Side Only: Road 28 - from Brown St. to Sylvester St. except for 315 feet of residential frontage on the south end; Road 44 - from Meadow View St. to Argent Pl.; Road 76 - from Sandifur Pkwy to a point 620 feet south of Wrigley Dr.; No Parkin on Side Only: Road 28 - from Brown St. to Sylvester St.; Road 44 - from Desert St. to Argent Pl.; Road 76 - from Sandifur Pkwy to Wrigley Dr.; 3 t »mw » » 1 -- FP TI Till Mf A DO �°DO � 1 I e � - 12 AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 15,2007 1. CALL TO CORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated October 1,2007. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$792,934.91 ($181,907.82 in the form of Wire Transfer Nos. 4811, 4812 and 4817 and$611,027.09 consisting of Claim Warrants numbered 162526 through 162763). 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of $272,038.22 and, of that amount, authorize $221,154.49 be turned over for collection. (c) Professional Services Agreement for Indigent Defense Services: 1. Agenda Report from Debbie Clark, City Clerk dated October 4,2007. 2. Proposed Agreement. To approve the Professional Services Agreement for Indigent Defense with Carlos Villarreal and, further, to authorize the Mayor to sign the agreement. (d) Amendment No.4 to Professional Services Agreement with CH2MHill: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 3, 2007. 2. Amendment No. 4 to Professional Services Agreement. To approve Amendment No. 4 to the February 22, 2005 Professional Services Agreement with CH2MHIll authorizing additional professional engineering services not to exceed$57,000 for the Water Filtration Plant Improvements (07-2-05) and Raw Water Pump Station and, further, authorize the Mayor to sign the agreement. (e) Tree Ordinance Update and Management Plan: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated October 3,2007. 2. Proposed Professional Services Agreement. To approve the Professional Services Agreement with Community Forestry Consultants, Inc., and, further, to authorize the City Manager to sign the agreement. (f) Special Meeting for Budget Workshop: 1. Agenda Report from Gary Crutchfield, City Manager dated October 4,2007. To fix 7:00 p.m., Monday, October 29, 2007 in the City Hall Council Chambers as the time and place for a special meeting for presentation of the 2008 Preliminary Operating and Capital Budgets. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Presentation of Proclamation for "Domestic Violence Awareness Month." Mayor Joyce Olson to present Proclamation to Denis Austin,Chief of Police,Pasco Police Department. 5. VISITORS- OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 October 15,2007 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through September 30,2007. (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Parking Ordinance Revision: 1. Agenda Report from Michael McShane, City Engineer dated September 25,2007. 2. Map. 3. Ordinance, CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance prohibiting parking on various streets, and amending Section 10.56.080 of the Pasco Municipal Code. MOTION: I move to adopt Ordinance No. , adding parking restrictions on certain streets and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: *(a) Resolution No. , a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of intersection of West Brown Street and Road 28/28"'Avenue. 1. Agenda Report from David I.McDonald, City Planner dated October 11, 2007. 2. Proposed Resolution and Vicinity Map. MOTION: I move to approve Resolution No. , fixing 7:00 p.m., November 5, 2007 as the time and date for a public hearing to consider the proposed vacation. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Award 2007 Handicap Ramps,Project No.07-3.06: 1. Agenda Report from Michael McShane, City Engineer dated October 10, 2007. 2. Bid Summary. 3. Vicinity Map. (RC) MOTION: I move to award the low bid for the 2007 Handicap Ramps Project No. 07-3-06 to A&B Asphalt in the amount of$126,460 and, further, authorize the Mayor to sign the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter Regular Meeting 3 October 15,2007 REMINDERS: 1. 6:00 p.m., Monday, October 15, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER MATT WATKINS) 2. 5:00 p.m., Tuesday October 16, TRAC Facility— TRAC Board Meeting. (MAYOR JOYCE OLSON and COUNCILMEMBER REBECCA FRANCIK) 3. 5:30 p.m., Wednesday, October 17, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON,Alt.) 4. 12:00 p.m., Thursday, October 18, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; MATT WATKINS,Alt.) 5. 7:30 a.m., Friday, October 19, Richland City Council Chambers---Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON,Rep.; JOE JACKSON,Alt.) 6. 11:30 a.m., Friday, October 19, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.; BOB HOFFMANN,Alt.) 7. 12:00 p.m., Friday, October 19, Three-Rivers Convention Center — TRIDEC Membership Luncheon. (COUNCILMEMBERS MIKE GARRISON and TOM LARSEN) MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2007 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff' present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney, Stan Strebel, Administrative & Community Services Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Michael McShane, City Engineer and Denis Austin, Police Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 17, 2007. (b) Bills and Communications: To approve General Claims in the amount of$1,151,665.35 ($68,496.98 in the form of Wire Transfer No. 4804 and $1,083,168.37 consisting of Claim Warrants numbered 162288 through 162525). To approve Payroll Claims in the amount of$1,646,178.94, Voucher Nos. 36987 through 37126; and EFT Deposit Nos. 30018959 through 30019438. (c) Council Representation on Boards and Committees. To approve Councilmember Matt Watkins as City Council representative to the LEOFF Board, replacing Councilmember Rebecca Francik. (d) Deed for Future Street Right-of-Way (MF#INFO-054): To accept the deeds from Helmes Development for street right-of-way along the north side of Coles Estates and Broadmoor Estates. (e) Water Filtration Plant Improvements (Valve Purchase) Project No. 07-2-05: To approve the purchase of materials for the Water Filtration Plant Improvements Project No. 07-2-05 from HDS Waterworks in the amount of$199,384.66 plus applicable sales tax and freight charges. (f) Resolution No. 3043, a Resolution accepting work performed by Sierra Electric under contract for the Road 68 and Wrigley Traffic Signal, Project No. 05- 5-24. To approve Resolution No. 3043, accepting the work performed by Sierra Electric under contract for the Road 68 & Wrigley Traffic Signal Project No. 05-5-24. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented Certificates of Appreciation for September 2007 "Yard of the Month" to: 1 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2007 Carlos and Blanca Gomez, 423 N. Elm Avenue Bud and Mina Rogers, 114 Muirfield Lane Daniel and Tiffany Coffland, 5003 Mariola Lane Leonid and Kyudmila Khomin, 4618 Muris Lane Mayor Olson presented a Certificate of Appreciation for September 2007 "Business of the Month Appearance Award" to: The Flower Basket, 4307 W. Court Street REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison reported on the Tri-Cities Visitor& Convention Bureau Board meeting and the TRIDEC Board meeting. Mr. Larsen attended the Emergency Medical Services Board meeting. Ms. Francik attended the Advisory Committee for Aquatic Facilities meeting, the Tri Cities Joint Parks Board meeting and the Benton-Franklin District Board of Health meeting. Mr. lloffi-nann also attended the Advisory Committee for Aquatic Facilities meeting. Mayor Olson attended the 25"'Anniversary celebration of La Clinica and the Community Action Committee Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3837, an Ordinance changing the name of street that was heretofore platted and named Billings Avenue. MOTION: Mr. Garrison moved to adopt Ordinance No.3837, changing the name of Billings Avenue to Heritage Boulevard and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Ordinance No. 3838, an Ordinance of the City of Pasco, Washington, creating a new Section 5.40.110, entitled "Notice of Sex Offender Residence." Council and Staff discussed the proposed ordinance. Mr. Joel Fort, representing WA State Dept of Corrections, noted they share the same concerns as the city on this issue. MOTION: Mr. Watkins moved to adopt Ordinance No.3838, creating a new Section 5.40.110, entitled Notice of Sex Offender Residence and, further, to authorize publication by summary only. Mr. Jackson seconded. Motion carried unanimously. Resolution No. 3044, a Resolution approving the purchase of certain real property by the Water Utility Fund. Council and Staff discussed the proposed purchase. MOTION: Mr. Watkins moved to approve Resolution No.3044, approving the purchase of certain real property for a second water treatment plant. Mr. Jackson seconded. Motion carried unanimously. NEW BUSINESS: Special Permit: Migrant Head Start Building (WA State Migrant Council) (315 W. Court Street) (MF #SP07-010): 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL OCTOBER 1, 2007 MOTION: Mr. Watkins moved to approve the special permit for the Washington State Migrant Council Head Start building, at 315 W. Court Street, as recommended by the Planning Commission. Mr. Jackson seconded. Motion carried unanimously. Special Permit: School Master Plait (Tri-Cities Prep) (9612 St. Thomas Drive) (Mh #SP07-011): MOTION: Mr. Watkins moved to remand the Tri-Cities Prep special permit application back to the Planning Commission for the purpose of addressing the issue of stadium lighting on the sports fields. Mr. Jackson seconded. Motion carried unanimously. Road 28/Road 26/Brown Street Improvements Project No. 06-3-08: MOTION: Mr. Watkins moved to award the low bid for the Road 28/Road 26/13rown Street Improvements Project No. 06-3-08 and St. Paul Lane Improvements to A&B Asphalt in the amount of$171,239.50 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote Reconstruction of Alley Approaches Project No. 07-3-04: MOTION: Mr. Watkins moved to award the low bid for the Reconstruction of Alley Approaches Project No. 07-3-04 to A&B Asphalt in the amount of$71,750 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Community Survey Policy Questions: Council selected three 2007 Survey Policy Questions and discussed the wording of the questions. Mr. Brad Peck, 200 Rd 34, suggested rewording the pool question to include the cost of each option. Mr. Crutchfield informed Council that Rhoads Asphalt has been notified of the city's potential need to revoke the contract award for the Sun Willows Golf Course Cart Path improvements project if the required performance bond is not provided by October 4"'. ADJOURNMENT: , There being no further business, the meeting was adjourned at 8:10 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 15'x' day of October, 2007. : 3 CITY OF PASCO Council Meeting of: October 15, 2007 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the u er igned,d reby c ity under penalty of perjury that the materials have been furnished,the services n ered or a labor perfo ed as described herein and that the claim is a just,due and unpaid obligatio ainst t e city and th a are authorized to authenticate and certify to said cl 3y Gary ut eld, ty Manage James W.rse, Finance Manager We,the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4811,4812 and 4817 in the amount of$181,907.82, have been authorized;that Check No.s 162526 through 162763 are approved for payment in the amount of$611,027.09,for a combined total of$792,934.91 on this 15th day of October,2007. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 390.00 Judicial 12,045.80 Executive 7,680.66 Police 43,974.73 Fire 7,659.24 Administration&Community Services 71,682.22 Community Development 10,452.20 Engineering 13,379.84 Non-Departmental 43,523.99 Library 1,504.20 TOTAL GENERAL FUND: 212,292.88 STREET 42,975.09 C. D. BLOCK GRANT 4,534.22 KING COMMUNITY CENTER 3,598.89 AMBULANCE SERVICE 2,516.61 CEMETERY 4,224.05 ATHLETIC PROGRAMS 448.80 SENIOR CENTER 6,105.18 MULTI MODAL FACILITY 1,823.91 RIVE RSHORE TRAIL&MARINA MAIN 232.95 SPECIAL ASSESSMNT LODGING 20,380.23 REVOLVING ABATEMENT 3,916.49 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 2,763.94 SUN WILLOWS RESIDENTIAL DEVELOPMENT 0.00 METRO DRUG TASK FORCE 22,112.67 METRO DRUG FORFEITURE FUND 929.00 GENERAL CONSTRUCTION 860.90 WATER/SEWER 185,567.85 EQUIPMENT RENTAL-OPERATING 30,608.02 EQUIPMENT RENTAL- REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 181,907.82 PUBLIC FACILITIES DIST 26,380.82 FIRE PENSIONS 0.00 PAYROLL CLEARING 36,902.60 TRI CITY ANIMAL CONTROL 1,851.99 GRAND TOTAL ALL FUNDS: $ 792,934.91 3(b).1 AGENDA REPORT FOR: City Council DATE: 10/10/2007 TO: Gary Crutchfi 1 anager REGULAR: 10/15/2007 Stan S is tive&Community Services Director FROM: Jim(.tease ce Manager SUBJECT: BAD DE WRITE-OFF'S/COLLECTION, I. REFERENCE(S): Write-off and collection lists are on file in the Finance Department. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$272,038.22 and, of that amount,authorize$221,154.49 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING -These are all inactive accounts, 60 days or older, Direct write-offs are under $10 with no current forwarding address,or afe accounts in"occupant" status. Accounts submitted for collection exceed$10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE-These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT -- LIENS — These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY—These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Tho§e submitted for collection exceed$10.00. 6. GENERAL- These are delinquent accounts over 120 days past due or statements are ` . returned with no forwarding address. Those'#submitted for collection exceed$10.00. Amount Direct Referred to Total Write-offs Collection Write-offs Utility Billing $ 79.49 6,918.26 6,997.75 Ambulance $ 50,804.24 8,898.84 59,703.08 Court A/R $ .00 197,288.00 197,288.00 Liens $ .00 6,890.00 6,890.00 ` Cemetery $ .00 1,009.39 1,009.39 General $ .00 150.00 150.00 TOTAL: $ 50,883.73 221,154.49 272,038.22 IV. ADMINISTRATIVE ROUTING: cc: Dot French,Municipal Court Clerk 3(b).Z AGENDA REPORT FOR: City Council October 4, 2007 TO: Gary Crutchfi anager W/Shop Mtg.: 10/08/07 Stan Strebel, A ist ive & Community ervices Director Regular Mtg.: 10/15/07 FROM: Debbie Clark, City Clerk SUBJECT: Professional Services Agreement for Indigent Defense Services I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08: Discussion 10/15: Motion: I move to approve the Professional Service Agreement for Indigent Defense with Carlos Villarreal and further, to authorize the Mayor to sign the agreement. III. FISCAL IMPACT: $ 30,000 annually (min.) General Fund Budget IV. HISTORY AND FACTS BRIEF: A) The City has a panel of two attorneys for providing defense services to indigent defendants in Municipal Court. The agreement for one of the attorneys, Ryan Swinburnson, expires on December 31 of this year. Mr. Swinburnson has advised staff that he has chosen to terminate his agreement with the City of Pasco effective October 31, 2007 due to acceptance of a contract with Benton County, B) Staff has solicited applications and interviewed three applicants, for the period of November 1, 2007 through December 31, 2009. It is recommended that Carlos Villarreal be retained for providing public defense services for the timeframe of November 1, 2007 through December 31, 2009. Mr. Villarreal has experience in many of the courts in the area and has served as a conflict attorney in the Pasco Municipal Court. C) The proposed contract is the same in all material aspects as the existing contract with the City's other public defender. D) Staff recommends approval of the agreement. 3(c) PROFESSIONAL SERVICE AGREEMENT For Legal Representation of Indigent Defendants Before the Pasco Municipal Court THIS PROFESSIONAL SERVICE AGREEMENT is entered into, effective November 1, 2007, by and between the City of Pasco, a Municipal Corporation, hereafter referred to as "City". and Carlos Villarreal, attorney authorized to practice law in the State of Washington, hereinafter referred to as "Attorney." THIS AGREEMENT is a Professional Service Agreement for the rendering of legal representation of indigent persons charged with misdemeanors or gross ` misdemeanors in the Pasco Municipal Court. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: SECTION I PROFESSIONAL SERVICES A. The Attorney shall represent in a professional manner, all individuals charged with misdemeanors or gross misdemeanors in the Pasco Municipal Court, for whose representation he/she is appointed. Such representation shall include preparation of appropriate pleadings and appearances in all phases of court proceedings following appointment, including pretrial hearings, motions, trial, sentencing, probation violations, and any other additional trials or hearings required by a remand or other order of a higher court. The Attorney shall cotmnunicate with individuals confined to jail in person or by telephone, prior to the individual's pretrial conference. The Attorney shall have no responsibility to represent individuals initially charged in the Pasco Municipal Court with felonies regardless of whether the felony charge is later reduced to a misdemeanor or gross misdemeanor. B. In the event a case to which the Attorney is appointed is appealed to Superior Court, the Attorney shall initiate the appeal by preparing and filing the Notice of Appeal in Superior Court which shall include a statement of the errors claimed to have been made and location of such errors in the record. The Attorney shall be responsible for prosecuting the appeal in Superior Court. If and when the case is remanded to Pasco Municipal Court,Attorney shall continue to provide defense services. C. The Attorney agrees not to accept appointments for indigent defense services in Franklin County Superior Court during the tenn of this Agreement. Professional Service Agreement- 1 D. The Attorney is expected to have knowledge of the court's schedule, including hours of operation and days of the week when hearings and trials are ordinarily set and heard. In its discretion, the court may alter the court's schedule to meet changing demands. The Attorney agrees to not accept other employment of any character that will unreasonably cause delay in the hearing of the cases assigned to Attorney or to cause the court scheduling difficulties as to Attorney's assigned cases. E. The professional services provided under this Agreement shall be in compliance with the City of Pasco's Indigent Defense Legal Representative Plan, Goals and Standards, a copy of which is incorporated as a part of this Agreement as Exhibit A. SECTION II COMPENSATION A. The City will compensate Attorney, as attorney fees and not as a salary, for the professional services provided as follows: (1) For the timeframe of November 1 st, through December 31st, 2007: $ 130.00 for each case Aigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court; and $410.00 for each case appealed to Superior Court. (2) For the 2008 calendar year: $ 130.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. (3) For the 2009 calendar year: $ 140.00 for each case assigned by the court to the Attorney; $ 300.00 for each case resulting in a jury trial actually tried to verdict; $ 50.00 for each deferred or probation matter assigned by the court, however, initiated by a prior public defender; and $ 410.00 for each case appealed to Superior Court. Payments shall be made monthly with the first monthly payment to be made not later than the 28`1' day of December 2007, constituting compensation for the inimediately preceding month; subsequent payments being made not later than the 30t1i day of each succeeding month and the final payments being made not later than the 30'" day of January 2010. Professional Service Agreement-2 B. The City agrees to compensate Attorney a minimum monthly amount of Two Thousand Five Hundred Dollars ($2,500.00) in the event the amounts received based on assigrunents per Section A above are below said minimum. C. It is expressly agreed that the monthly compensation fixed in Sections A and B above shall constitute full compensation for services required under this Agreement. D. Definitions: (1) "Case assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more underlying charges, occurring on or not more than two separate dates, against a defendant at the time court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trial or hearings, or the failure to abide the teens of probation. (2) "Deferred or Probation Case Assigned". For the purposes of this Agreement shall mean all proceedings relating to one or more probation or deferred cases, occurring on or not more than two separate dates, against a defendant at the tune court appointed counsel is approved by the court and on amendments to those charges including contempt of court for failure to pay fine, appear for trail or hearings, or the failure to abide the terns of probation. SECTION III EXPENSES The Attorney shall bear all expenses incurred in the representation of each individual to whom appointed except: A. Expenses incurred in obtaining expert testimony, scientific tests or other analysis when authorized by court order. B. Expenses of a private investigator used to aid in the preparation of the defense of a matter when authorized by court order. C. Expenses for the services of an interpreter determined appropriate by the court. SECTION IV TERM Professional Service Agreement-3 The terns of this Agreement shall be for the period commencing November 1, 2007, and concluding on December 31, 2009. Notwithstanding the foregoing, the Attorney's obligation to represent an individual in a matter to which the Attorney has been appointed shall continue through the disposition of the matter as set forth below, If this Agreement is not then in default, the Attorney shall have the option to renew this Agreement for one (1) additional term of one (1) year. The terns and conditions of the renewal tern shall be identical to the terns and conditions of the last year of the original tern (with appropriate modifications of installment payment dates) except that upon termination of the final tern, the Attorney shall no longer have any option to renew this Agreement. The renewal option must be exercised by written notice to the City, given not less than 120 days prior to the last date of the expiring term. The ` giving of such notice shall make the agreement binding for the renewal term without further act of the parties. It is understood by the parties hereto that the Attorney's obligation to provide representation pursuant to this Agreement includes the obligation to complete all cases or matters covered by this Agreement. The Attorney shall continue to provide representation for a period of six months, for those persons whom the Attorney was appointed to represent and whose case was not concluded during the duration of this Agreement. It is further understood by the parties that the Attorney's obligation to complete all cases or matters covered by this Agreement shall not result in any additional compensation over the amount specified herein. SECTION V NON-ASSIGNMENT No other person shall perform any of the services required of the Attorney by this Agreement nor shall the Attorney assign or subcontract their responsibility for the performance of any of the services required by this Agreement, provided, however, Attorney may, by mutual agreement with another attorney holding a current Professional Service Agreement for legal representation of indigent individuals with the City of Pasco, make substitute appearances for one another on as-needed basis; or with the approval of the City, a designated qualified member of the Attorney's Law Finn may perform the Attorney's contract and responsibilities on a temporary basis, or assign or subcontract such services with another qualified attorney. SECTION VI TERMINATION This Agreement may be terminated by either party without cause upon forty-five Professional Service Agreement-4 (45) days advance written notice to the other. This Agreement may be terminated for cause consisting of failing to comply with any of the provisions of this Agreement upon ten (10) days advance written notice. In the event of Attorney's disbanment or suspension from the practice of law, this Agreement shall tenninate as of the effective date of such disbarment or suspension, In the event of a termination without cause, the Attorney shall continue to accept and represent to conclusion court assigned cases during the forty (45) day period and will be compensated for such court assigned cases pursuant to Section 11 above. SECTION VII INSURANCE AND INDEMNIFICATION ` During the tenn of this Agreement, the Attorney shall maintain errors and omissions insurance coverage and shall include anyone else acting for or on behalf of the Attorney in the performance of this Agreement as an additional named insured on any such policy. Such insurance shall be obtained from any insurance company authorized to do business as such in the State of Washington, and shall have policy limits of Two Hundred Thousand Dollars ($200,000.00) or more. At the time of cozrunencement of the performance of services hereunder, the Attorney shall submit evidence that such insurance is in force and that such insurance will not be canceled without first giving thirty(30) days written notice to the City. DATED this day of October, 2007. CITY OF PASCO Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Cleric City Attorney ATTORNEY Carlos,Villarreal;Attorney at Law Professional Service Agreement-5 AGENDA REPOI#T NO. 24 FOR: City Council October 3, 2007 TO: Gary Crutchfi anager FROM: Robert J. Alberts, lrks Director Workshop Mtg.: 10/8/07 Regular Mtg.: 10/15/07 SUBJECT: Amendment No. 4 to Professional Services Agreement with CH2MHi11 I. REFERENCE(S): 1. Amendment No. 4 to Professional Serviees Agreement H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/8/07: Discussion 10/15/07: MOTION: I move to approve Amendment No. 4 to the February 22, 2005 Professional Services Agreement with CH2MHi11 authorizing additional professional engineering services not to exceed $57,000, for the Water Filtration Plant Improvements (07-2-05) and Raw Water Pump Station and further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Water Utility IV. HISTORY AND FACTS BRIEF: A) The Capital Improvement Plan shows improvements at the Water Filtration Plant including valve replacement and modification to the settling basins. The replacement of the roof on the Raw Water Pump Station is scheduled for 2008. f V. DISCUSSION: A) The services include the design and preparation of technical support documentation on bid documents for.the sedimentation weirs, isolation slide gate and the installation of 49 pipe gallery valves being furnished by the City. The services also include the pre-design work in identifying two options for replacing the Raw Water Pump Station roof. A new roof is needed to improve the access needed to replace pumps and screens. All of these improvements will improve the overall operation of the water filtration plant. The total fee for this work is based on a lump sum of$57,000. X a Staff recommends approval of Amendment No. 4 to CH2MHil1 Professional Services Agreement. 3(d) A AMENDMENT NUMBER 4 to PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City and The CH2M Hill entered into a Professional Services Agreement on February 22, 2005, with respect to on-going professional engineering services. NOW, THEREFORE, this agreement is amended to allow The CH2M Hill to provide additional utility design and engineering services as described on Exhibit A. 1. Scope of Work: j Tasks 1 —4 which include: x • Design and preparation of technicyal'support documentation for bid documents for the sedimentation weirs, isolations' slide gate and installation of 49 pipe gallery valves. 4 Pre-design work in indentifying two options for replacing the Raw Water Pump Station roof. 2. Fee: The added services by the consultant;shall be for the lump sum total of$57,000. 3. Time of performance: The services shall be complete for the project on or before February 1, 2008. DATED THIS DAY OF ,2007. I CITY OF PASCO: CONSULTANT—C112M Hill: Joyce Olson, Mayor Anthony Krutsch, Principle Project Manager ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney CH2M Hill 1 Amendment No. 4 Professional Services Agreement—On-going Services Em A 'T A Water Filtration Plant Modifications and+Raw Water Intake Pumping Station Roof Replacement GENERAL: The City of Pasco is intending to replace certain valving within the water filtration plant that has reached its useful life and/or where replacement parts for the existing valves are no longer being offered by the valve manufacturer. The City staff has prepared a listing of all valves to be replaced, and is currently placing an order for the replacement valves and operators with a selected manufacturer. The City of Pasco has requested that CH2M HILL prepare a contract for installation of the pre-purchased valves by a third party Contractor with work to be completed during the winter period in 2007-2008. In addition,the City has requested that CH2M HILL include minor improvements to the plant that include the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation basins, and provide one isolation slide plate between the two sedimentation basins in the filter inlet channel. Task 1 through 3 of this Scope of Services is intended to provide services for the Water Filtration Plant Valve Replacement,Sedimentation Basin Weirs,and the Isolation Slide Plate between the two Sedimentation Basins. In addition, the City of Pasco's Raw Water Intake Pumping Station at the Columbia River contains four raw water pumps, and two intake screens. Currently, the Pumping Station has a cast-in-place concrete roof with center pier. Equipment removal from the Pumping Station requires that each piece of equipment be dismantled and removed in pieces for maintenance and repair. Task 4 of this Scope of Services is intended to evaluate the alternates available for the replacement of the cast-in-place concrete roof. Scope of Services Task 1. Valve Replacement CH2M HILL will conduct an inspection of the valves to be replaced with the City staff. Each Valve will be photographed to identify its location. The electronic photograph will be used for identification of the extent of work to be performed by the third party Contractor. The extent of work will be listed on the face of the photo to include removal and replacement of the existing valve,re-connection to the existing operating air supply,re- connection to the existing electrical,and reconnection to the existing control system (if required). No new air piping, electrical, or control is anticipated in this Scope of Service. Task 2. Sedimentation Weirs CH2M HILL will prepare one plan drawing and one detail drawing for the installation of stainless steel weirs at the baffle wall inlets to the filter inlet channel from the sedimentation basins. The drawings may be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 3. Isolation Slide Plate CH2M HILL will prepare one additional detail drawing(utilize the plan drawing in Task 2 for location) for the installation of one isolation slide plate between the two sedimentation basins in the filter inlet channel. The drawingmay be supplemented with electronic photographs. All work to be performed by the third party Contractor will be identified on the drawings and/or on the supplemental electronic photographs. Task 4. Roof Alternates CH2M HILL staff will visit the Raw Water Intake Pumping Station to assess the condition of the existing roof, and to identify up to two(2);possible alternates for improved access to equipment within the Pumping Station. Based on the site visit, CH2M HILL staff will prepare a technical memorandum identifying the two (2) possible alternates for replacement of the cast-in-place roof along with an opinion of probable costs for each alternate. Alternates to be considered include a steel (possibly aluminum) roof structure(hipped or gabled),that could be removed from the entire structure during a maintenance and/or repair event by a land based crane. The second alternate would be a steel(possibly aluminum) roof structure (hipped or gabled) with sky light openings above pumping equipment and screens for equipment removal. Sketches of the alternates (plan and elevations) will be included in the technical memorandum. One meeting will be held with the City after delivery of the technical memorandum to go over the memorandum contents, and respond to any questions of the City staff. It is anticipated that agreement will be reached at the meeting on the preferred alternate,and that the City may modify this Scope of Services to proceed with the design of the preferred alternate. Basis of Compensation The compensation for Task 1 through Task 4 of this Scope of Services is based on LUMP SUM of$57,000.00. All Work will be conducted under the terms and conditions of the Professional Services Agreement between the City of Pasco and CH2M HILL signed February 22, 2005. Assumptions: 1. Accurate drawings for the existing facilities will be provided to CH2M HILL by the City. 2, Access to the facilities will be made available to CH2M HILL staff for investigation and data collection. 3. Any agency or other regulatory submittals will be provided by the City. 4. Construction work will be bid using a single Contract Document package. a) Document format willbe CH2M HILL standard format including bidding requirements,technical specifications, and drawings. b) Drawings will be prepared using MicroStation CAD software. Final Drawing files will be provided to the City in AutoCAD format q• y c) City will prepare the Bidding Documents utilizing the master Bidding Document prepared by CH2M HILL. Specificatiq�is will be prepared at 81/2 X 11 size, Drawings will be prepared at 11 X 17 size. Color Photos will be utilized in the Bidding Documents. ; d) Review Documents will be provided-to the City at 50% and 90%design completion. City review comments will be obtainid-and incorporated. 5. Bidding and contract award will be provi -2d by the City. 6. Any CH2M HILL services during bidding,contract award,and construction will be negotiated under a separate Scope of SeAdde. 7 AGENDA REPORT FOR: City Council Date: 10/03/07 TO: Gary Crutchfi anager W/Shop Mtg.: 10/08/07 Reg. Mtg.: 10/15/007 K FROM: Stan Strebel,AA- tive&Community i Director SUBJECT: Tree Ordinance Update and Management Plan I. REFERENCE(S): A)Proposed Professional Services Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/08 DISCUSSION 10/15 MOTION: I move to approve the Professional Services Agreement with Community Forestry Consultants, Inc and to authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $8,500 Grant IV. HISTORY AND FACTS BRIEF: A) The City has been awarded a grant from the State Department of Natural Resources for the purpose of reviewing(and revising, if necessary) our tree ordinance and for the development of a tree management plan for the City. Both of these items will assist staff and citizens in maintaining healthy trees within our community. In addition, completion of these items will qualify the City for recognition as a"Tree City"by the department. B) Staff has identified a consultant who is experienced and qualified to do the work required by the grant. The consultant will review our existing ordinance regarding trees in the public rights-of way with input from the Park and Recreation Advisory Council. Any recommended updates to the ordinance, which was originally developed some 35 years ago, will be identified. In addition, the consultant will work with city staff to update our existing tree inventory and develop a management plan appropriate for Pasco. Work of the consultant will be completed in March, allowing the city time to complete all grant responsibilities before June 1,2008. C) Staff recommends approval of the agreement. i 3(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Community Forestry Consultants, Inc, hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a review of the City's tree ordinance and make appropriate recommendations for revision and to recommend a tree management plan for the City. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to complete the work as outlined in the `Proposal for Services' that is dated September 5, 2007, and marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, rop vdea, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 1 A. Payment for work accomplished under the terms of this Agreement shall be as set forth on the fee schedule found in Exhibit A (6 pages, attached), provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of $8,500.00 plus travel expenses without prior authorization of the City. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the work product by March 1, 2007. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter :'Individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. Community Forestry Consultants, Inc.,Tree Ordinance and Management Plan 2 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. Community Forestry Consultants,Inc.,Tree Ordinance and Management Plan 3 IS. Covenant against contingent. fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Notices. Notices to the City of Pasco shall be sent to the following address: City of Pasco P. O. Box 293 Pasco, VVA 99301 Notices to the Consultant shall be sent to the following address: 0 Jim Flott Community Forestry Consultants, Inc 2020 E 36th Ave. Spokane, WA 99203 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF —12007 CITY OF PASCO CONSULTANT: Community Forestry Consultants,Inc. By: Gary Crutchfield City Manager Title: Community Forestry Consultants, Inc.,Tree Ordinance and Management Plan 4 �yy `, NSA( lJ ^`S,v /- CONSULTING A_RBORISTS 2020 E. 36 r" AVENUE SPOKANE, WA 99203 509-954-6454 509-534-2019 (FAX) cfconsu lts @comeast.net PROPOSAL FOR SERVICES September 5, 2007 Dan Dotta Facilities Manager Pasco Facilities Department 525 N. Third PO Box 293 Pasco, WA 99301 RE: Ordinance Review and Revision and Management Plan Generation Dear Mr. Dotta: Thank you for considering Community Forestry Consultants (CFC) to conduct an ordinance revision and develop a management plan for the community forest of Pasco. Community Forestry Consultants offers independent and objective arboricultural consulting services for trees, shrubs and other woody plants and their growing environments as well as program development and facilitation of public process, particularly in regards to urban forestry issues. CFC provides arboricultural, community forestry and horticultural consulting services for residential properties, attorneys, insurance corporations, universities, golf courses, utilities, counties, municipalities and other government agencies. Tree management services provided include TreeWorksTM tree management software; management plans; tree inventories; ordinance development; tree appraisals; risk assessment and risk management plans; tree preservation plans; program development and assessments; contract and specification development and contract monitoring for removal, pruning and planting programs; diagnosis and pest management; training programs; expert witness, and forensic investigation. I am an International Society of Arboriculture (ISA) certified arborist; an ISA certified municipal specialist; and an American Society of Consulting Arborists (ASCA) registered consulting arborist. I have more than twenty years of work experience managing and supervising commercial and municipal arboriculture, urban forestry and horticulture projects. + a r hr The company is licensed and insured. CFC carries one million dollars coverage for each in general liability, auto liability and errors and omission insurance and statutory workers compensation. I am pleased to submit the enclosed proposal for revising the tree ordinance and developing an urban forestry management plan for the City of Pasco. I am available to review this proposal with you. Please contact me if I can provide further information or if you have any questions. I look forward to discussing this document with you. Thank you for consideration of this submittal. Please contact me if you have any questions. Sincerely, Jim Flott ISA Certified Arborist, Municipal Specialist PN0920AM ASCA Registered Consulting Arborist #441 2 r mm W�3 i r < ATT .J ts PROJECT PROPOSAL ORDINANCE REVISION Ordinances are considered by urban foresters to be most important component of a successful urban forestry program. Ordinances are regulations enacted by municipal government. Tree ordinances define the legal interaction between the public, the city and its trees. They define, among other things, what a private individual can and cannot do to a public-owned tree. They should be revised as the urban forestry program and community values change. If well designed they will address standards by which the urban forestry program operates and should be sustainable beyond the tenure of current city staff, administration and elected officials. MANAGEMENT PLAN AND COMMUNITY PARTICIPATION Urban forestry management plans include input from local citizens, organizations, businesses, municipal staff and elected officials. They are integrated with other comprehensive community plans and create a blueprint for administration and management of the community tree program. Removing, pruning, planting, preservation, education, coordination and communication among citizens, tree committee, city staff and elected officials are critical components in the development of the urban forest management plan. The management plan appropriate to Pasco, apd most likely to be approved in Pasco, is written with a thorough understandin6'of the natural resource, community, political-economic climate and legal'iramework of the city. It involves input from city council, tree committee members'and the community to develop goals for the program. Available interest, expertise, time and financial resources of the city will be considered when determining how to develop the plan. Good tree management involves setting goals and objectives and developing specific management strategies to meet them. Fundamental to a tree management program is the inventory. Tree inventories are the foundation of an effective tree management program. The tree inventory will provide data to support management objectives and recommendations contained in the urban forest management plan. CFC proposes to revise the ordinance and develop and write the management plan based on inventory data, community resources and values. 3 I' ' • �� rya ! STATEMENT OF QUALIFICATIONS B , WORK EXPERIENCE WITH CITY OFFICIALS,;PUBLIC GROUPS AND COMMITTEES I have worked with various public and private agencies and provide advanced technical support in municipal urban forestry issues. My specialization is in managing community forestry programs. In previous career positions and consulting contracts, I have worked with citizens, property owners, city administrators, city planners, city engineers, elected officials and others who may impact trees in cities. My efforts are focused on people management as well as tree management. I have provided urban forestry consulting services, management plans, tree management software, tree inventories, removal programs, pruning programs, planting programs, and training workshops for the following communities and agencies in the last five years. Washington DNR Community Forestry program City of Spokane, WA Washington State University Cooperative Extension City of Starbuck, WA Oregon Department of Forestry City of Colville, WA Bonners Ferry County Extension, ID City of Odessa, WA Spokane Community College, WA City of Chelan, WA City of Walla Walla, WA City of Fairfield, WA City of Washtucna, WA City of Twisp, WA Colville Federated Tribes Park and Recreation, WA City of Pateros, WA City of Davenport, WA City of Marcus, WA Washington Recreation and Park Association Fairchild Air Force Base City of Richland, WA City of LaCrosse, WA City of Waverly, WA City of Eugene, OR City of Redmond, OR City of Lake Oswego, OR City of Colfax, WA City of Ketchum, ID University of Washington City of Evans, CO City of Post Falls, ID City of Sandpoint, ID Spokane Public Schools, WA Kamloops, BC, Canada Greenwich, CT Buffalo, WY PNW-ISA Chapter Utah ISA National Arbor Day Foundation American Forests Mid-Atlantic ISA Chapter City of Latah Creek, WA City of Sisters, OR Stevens County, WA Virginia Department of Forestry New England ISA Alaska Department of Forestry Mid-Atlantic ISA Washington State Parks Oregon State University Corvallis, OR i 4 i 3, PROJECT STAFF QUALIFICATIONS The tasks and responsibilities of this project will be handled by Jim Flott. I will personally conduct all activities required for this project. I have a BS in Horticulture from Iowa State University and MS in Forest Pathology from the University of Arizona. My education focused on urban forestry management, nursery production and forest pathology. I am an International Society of Arboriculture (ISA) certified arborist, ISA certified municipal specialist and an American Society of Consulting Arborists (ASCA) registered consulting arborist. My diverse background includes work experience in private and public ;arboriculture, horticulture, nursery production and all components of municipal ,arboriculture. I have over twenty-five years experience in the arboriculture, -horticulture and urban forestry professions. I have organized, designed and implemented urban forestry management programs for agencies across the United States and Canada. These programs included inventories, resource assessment, management plans, ordinance development, program reviews, public education and removal, pruning and planting projects. speak regularly at national, regional and local conferences on various urban forestry topics. Recent lectures, articles and workshops have focused on proper tree planting. I teach Arboriculture classes at the Spokane Community College and serve on the boards of the Washington Community Forestry Council and the Pacific Northwest-International Society of Arboriculture. I am located in Spokane. I am available for staff presentations, public meetings and training programs during weekdays, evenings and weekends with reasonable notice. I am readily available by phone, fax and e-mail. PROJECT SCOPE • Compile all relevant information about the urban forestry (UF) program as it currently exists. Synthesize this information for incorporation into the management plan and for use in the revision of the ordinance. • Interview OF staff, OF committee members to determine priorities and goals of the OF program, as well as gain insight into the cultural, historical, political and budgetary context of urban forestry in Pasco. • Identify, with input and direction from OF staff, key stakeholders in urban forestry (besides LIF staff and OF committee), including other City of Pasco departments and any non-profit organization or private industry group. Compile information gathered and incorporate into the management plan and ordinance revision. 5 ts • Research other Pacific Northwest cities' urban forestry ordinances and management plans. Identify elements of these ordinances, programs or plans the may improve urban forest management in Pasco. • Synthesize all information gathered in above tasks for incorporation into the management plan and ordinance revision. Develop a vision for the future management including recommendations and implementation strategies for improvements to urban forest management in Pasco. • Submit final draft of management plan and ordinance to OF staff for review. • Develop a presentation for city manager and city council summarizing the ordinance revision and management plan process and the final ordinance and management plan. • Present final ordinance and management plan. The following proposal outlines the fees associated with conducting the program. Ordinance Revision Process and Generation $3,500.00 Management Plan Process and Generation $5,000.00 Travel expenses (lodging, mileage ($0.50 per mile) billed as accrued) Sales tax is not included in fee estimates. Pricing Good Through 30 October 2007 6 a AGENDA REPORT TO: City Council October 4, 2007 FROM: Gary Crutch' 1 Manager Workshop Mtg.: 10/8/07 Regular Mtg.: 10/15/07 SUBJECT: Special Meeting for Budget Workshop L. REFERENCE(S): .z (1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/8: Discussion 10/15: MOTION: I move to fix 7:00 p.m., Monday, October 29, 2007 in the City Hall Council Chambers as the time and place for a special meeting for presentation of the 2008 Preliminary Operating and Capital Budgets. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) Staff typically completes the preliminary budget for the ensuing calendar year by the end of October and presents it to Council at a workshop in early November (usually the second Monday). The budget presentation usually consumes a solid two hours, so there is little time for other business. V. DISCUSSION: A) In view of the fact that October this year has five Mondays, staff recommends that a special meeting be conducted that evening to focus on the budget and avoid its usual impact on the ability to conduct other business at the regular workshop meeting on the second Monday of November. It is important, however, that most, if not all, Councilmembers are available for the special meeting. 3(f) GENERAL FUND OPERATING STATEMENT THROUGH SEPTEMBER 2007 CASH BASIS YfD %OF YTD TOTAL %OF 2007 2007 ANNUAL 2006 2006 TOTAL ACTUAL BUDGET BUDGET ACTUAL ACTUAL ACTUAL REVENUE SOURCES: TAXES: PROPERTY 2,862,556 5,205,000 55.0% 2,328,282 4,748,822 49.0% SALES 6,460,862 7,071,300 91.4% 5,929,319 8,063,165 73.5% UTILITY 5,162,482 6,350,000 81.3% 5,125,507 6,749,649 75.9% OTHER 686,372 945,000 72.6% 625,583 806,606 77.6% LICENSES&PERMITS 1,492,237 957,100 155.9% 1,628,176 1,912,608 85.1% INTERGOV'TREVENUE 1,072,744 1,544,500 69.5% 1,044,260 1,408,019 74.2% CHARGES FOR SERVICES 1,968,926 2,549,340 77.2% 1,879,867 2,424,454 77.5% FINES& FORFEITS 710,584 721,000 98.6% 576,958 796,721 72.4% MISC. REVENUE 748,710 728,800 102.7% 691,297 973,277 71.0% OTHER FINANCING SOURCES 185,113 135,000 137.1% 28,125 38,030 74.0% TOTAL REVENUES 21,350,586 26,207,040 81.5% 19,857,374 27,921,351 71.1% BEGINNING CASH BALANCE 5,314,454 6,000,000 6,498,810 6,498,810 TOTAL SOURCES 26,665,040 32,207,040 82.8% 26,356,184 34,420,161 76.6% EXPENDITURES: CITY COUNCIL 73,672 106,150 69.4% 79,057 106,376 74.3% MUNICIPAL COURT 734,885 996,515 73.7% 672,089 977,330 68.8% CITY MANAGER 497,159 603,550 82.4% 454,516 617,137 73.6% POLICE 7,349,085 8,809,373 83.4% 6,283,657 8,570,660 73.3% FIRE 2,804,539 3,539,260 79.2% 2,936,301 3,848,386 76.3% ADMIN &COMMUNITY SVCS 3,524,595 4,706,185 74.9% 3,496,250 4,553,616 76.8% COMMUNITY DEVELOPMENT 1,055,442 1,070,450 98.6% 1,004,725 1,304,942 77.0% ENGINEERING 717,075 1,080,730 66.4% 895,451 1,206,579 74.2% MISC. NON-DEPARTMENT 2,947,882 5,642,855 52.2% 4,659,700 6,979,718 66.8% LIBRARY 830,383 1,030,000 80.6% 778,307 940,963 82.7% TOTAL EXPENDITURES 20,534,717 27,585,068 74.4% 21,260,053 29,105,707 73.0% ENDING FUND BALANCE 4,621,972 5,314,454 TOTAL EXPEND AND END FUND BAL 32,207,040 34,420,161 AVAILABLE CASH BALANCE 6,130,323 5,096,131 PERCENTAGE OF BUDGET ALLOCATED FOR 9 MONTHS 75.0% • Authorized but non-budget expenditures of $349,840 (cumulative)which will effectively reduce the ending fund balance. These statements have been adjusted to the Cash Basis of Accounting to provide an available cash balance at month end. The City's CAFR is prepared using the Accrual Basis of Accounting. These statements are intended for Management use only. 6(b) AGENDA REPORT NO. 20 FOR: City Council September 25, 2007 TO: Gary Crutchfi a anager Robert J. Albe orks Director FRONT: Michael McShan , ity Engineer ; Regular Mtg.: 10/15/2007 SUBJECT: Parking Ordinance Revision I. REFERENCE(S): 1. Map 2. Ordinance 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/1.5/07: CONDUCT A PUBLIC .HEARING 10/15/07: MOTION: I move to adopt Ordinance No. adding parking restrictions on certain streets, and further, authorize publication by summary only. 111. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) On September 24, 2007 Council held a workshop regarding the proposed Parking Ordinance Revision and indicated a public hearing should be held specifically to address parking along the Road 26 / Brown / Road 28 Corridor, along with the additional revisions. B) Along the Road 26 / Brown / Road 28 Corridor, staff is proposing to continue to allow parking in front of four residences on Road 28 as well as residences along the south side of Brown Street. We are proposing restricting the parking on the remainder of the areas along Road 26/Brown/Road 28. V. DISCUSSION: A) This ordinance amends Section 10.56.080 (Schedule III, Parking Prohibited at All Times on Certain ,Streets) of the Pasco Municipal Codes to add the following streets to the list of prohibited parking streets. No Parking on Both Sides: Heritage Blvd. - from Lewis St to "A" Street Chapel Hill Blvd - from Cresent Rd to Broadmoor Blvd.; Court Street- from Road 68 to Road 84; Lewis Street—from Cedar Ave. to Heritage Blvd. Road 26—from Court St. to Brown St. Road 80 - from Court St. south; Road 84 - from Sunset Ln. south; Sandifur Parkway- from Road 60 to Road 44; No Parking on North Side Only Ainsworth Avenue - from Railroad Ave to Oregon Ave; Brown Street- from Road 28 to Road 26; 7(a) No Parking on Past Side Only: Road 28 - from Brown St. to Sylvester St. except for 315 feet of residential frontage on the south end; Road 44 - from Meadow View St. to Argent Pl.; Road 76 - from Sandifur Pkwy to a point 620 feet south of Wrigley Dr.; No Parking on West Side Only: Road 28 - from Brown St. to Sylvester St.; Road 44 - from Desert St. to Argent Pl.; Road 76 - from Sandifur Pkwy to Wrigley Dr.; Will lll� f FF T I I I I M GICr ~MCI M or ON 0 spa �_T-7- o LL � kLMill O IJ luI i Amw- �. 1 3 tax V • • , r. ., ZP Zt w•Y .rry�rx ,n. IN Iry rryp / M.l R Y;� j arYr ..'04* 16 L OW n tt CITY OF PASCr If 1 I I I�IIII 4 +i ORDINANCE NO. AN ORDINANCE prohibiting parking on various streets, and amending Section .10.56.080 of the Pasco Municipal Code. WHEREAS, the Public Works Director has determined that it is necessary for public safety to prohibit parking on certain streets; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the following underlined language and read as follows: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CER'T'AIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: "A" Street - both sides of the street from Elm Avenue to SR-12; "A" Street (from Ninth Avenue to Eleventh Avenue) both sides of street; "A" Street- From Main Avenue to Beech Avenue; "A" Street - Three hundred feet west of 4th Avenue to three hundred feet east of 4th Avenue; "A" Street - On both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; "A" Street--On both sides, corner of"A" Street and 28`h Ave; Agate Street-Between Fourth and Fifth Avenues; Ainsworth Avenue -North side from Railroad Ave to Oregon Ave; Ainsworth Avenue - South side from 10`h Ave to 4`h Ave; Argent Road--201h Ave to Road 44; Autoplex Way—From Court Street south to 160 feet north of Marie Street; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of l Oth Avenue to the east curb line of 10th Avenue; Heritage Blvd. - from Lewis St to "A" Street Broadmoor Blvd. —FCID canal to Nottingham Drive; Brown Street-North side from Road 28 to Road 26; Brown Street - South side from Road 28 to a point 130 feet to the east; Burden Blvd. —Road 76 to Road 36; Chapel Hill Blvd. —Road 68 to Saratoga Lane; Chapel Hill Blvd. —Broadmoor Blvd. to Road 84; Chapel Hill Blvd - from Cresent Rd to Broadmoor Blvd.; Clark Street(from Ninth Avenue to Eleventh Avenue) both sides of street; Clemente Lane—Burden Blvd. to Wrigley Drive; Commercial Avenue—both sides from Hillsboro Avenue south 1 mile; Court Street -From Fourth Avenue west to State Highway 12 (the By-Pass Highway); Court Street—east of 4`" Ave; Court Street- from Road 68 to Road 84; Court Street—Rd. 100 to I-182 Hwy overpass; Court Street—One thousand feet south of Harris Rd; E. Broadway Street—(north side) Wehe St. to Franklin St.; First Avenue—Court Street to Sylvester Street; Fourth Avenue—(east side) fifty feet north of Columbia Street; Fourth Avenue—one hundred feet south of Columbia Street; Fourth Avenue - East side from Shoshone Street to Court Street; and on the west side from Shoshone Street to one hundred twenty-five feet north of vacated Park Street and from one hundred fifteen feet north of Octave Street to Court Street; Fourth Avenue - On the east side from Sylvester Street north one hundred forty feet; and on the west side from Sylvester Street north two hundred feet; Fifth Avenue (west side) Park to Octave; Fifth Avenue—(east side) north of Court Street; North Fourth Avenue -Between Court and Ruby Streets; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Jay Street - North side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street-From First Avenue to seventy feet east; Lewis Street -Ninth Avenue to Eleventh Avenue; Lewis Street - North side of Lewis Street from the east curb line of Seventh Avenue to a point one hundred thirty-five feet east; Lewis Street - South side of Lewis Street, from one hundred fifty feet east of the center line of First Street running easterly a distance of one hundred sixty-five feet; Lewis Street(east) - On both sides from Wehe Avenue east to Cedar Avenue; Lewis Street(east) - On both sides from Oregon Avenue east to Wehe Avenue; Lewis Street---from Cedar Ave. to Heritage Blvd. Ninth Avenue—Washington Street to Ainsworth Street; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between "A" Street and Ainsworth Avenue; Oregon Avenue—(west side)three hundred fifty feet north of Bonneville St; Oregon Avenue--Hagerman Street to James Street; Road 22 - East side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 26—from Court St. to Brown St. Road 28 —West side from Sylvester St. to Brown St.; Road 28 —East side from Sylvester St. to Brown St. except for 315 feet starting from a point 360 ft north of the intersection of Sylvester St. and Road 28; Road 34 -No parking on both sides of the street from Henry Street to Court Street; Road 36 - Both sides of the street from its intersection with Argent Place to a point 1200 feet north of Argent Place; Road 36—Burden Blvd. to 200' south of Meadow Beauty Drive; Road 44 - East side from Meadow View St. to Argent nt�Pl`; Road 44 - West side from Desert St. to Argen_t_Pl.; Road 44---West side from Desert Street to Burden Blvd; Road 44—Burden Blvd. to Sandifur Blvd; Road 52—Burden Blvd. to Sandifer Blvd; Road 60—Burden Blvd. to Sandifur Blvd; Road 68 Place—Burden Blvd. to Sandifur Blvd; Road 68 ---FCID canal North to City Limits; Road 68—I-182 to Sandifur Blvd.; Road 76-East side from Sandifur PkM to a point 620 feet south of Wri le Dr Road 76 - West side from Sandifur Pkn to Wrigley Dr; Road 80 - from Court St. south; Road 84 - from Sunset Ln. south; Road 100—Court Street to KID canal; Rodeo Drive—Road 68 to Convention Place; Ruby Street- Between Fourth and Fifth Avenue; Sandifur Blvd. —Broadmoor Blvd. to Robert Wayne Drive; Sandifur Blvd.—(North Side)Robert Wayne Drive to Road 60; Sandifur Blvd. —Road 60 to Road 62; Sandifur Parkway - from Road 60 to Road 44; Shoshone Street- 22nd Avenue to 23rd Avenue; Sun Willows Blvd - both sides of the street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street—(south side)201h Ave. to 28th Ave; Sylvester Street--(north side) one hundred feet east of 26th Ave. to 28th Ave; Sylvester Street- From the east line of Twentieth Avenue to a point 290 feet east thereof; Tenth Avenue - ("B" Street to "A" Street) both sides of street; Tenth Avenue - (From "B" Street to and including the Inter-City Bridge; Tenth Avenue- (from Lewis Street to Clark Street) both sides of street; Third Avenue—(east side) fifty feet south of Columbia Street; Third Avenue - (east side) fifty feet north of Columbia Street; Third Avenue —(west side)thirty feet north of Sylvester Street; Third Avenue - On the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; Twentieth Avenue — From Lewis Street to Argent Road except on the east side of 20th Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street. Twenty Eight Avenue—(west side)Lewis Street to Sylvester Street; Washington Street--9th Ave. to 10th Ave; Wrigley Drive--Road 76 to Clemente Lane; Road 26 - Both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street. (Ord. 3774, 2006; Ord. 3750 Sec. 1, 2005; Ord. 3694 Sec 1, 2004; Ord. 3668 Sec 1, 2004; Ord. 3619 Sec 1, 2003; Ord. 3549 See. 1, 2002; Ord: 3176 Sec. 1, 1996; Ord, 2969, Sec. 1, 1993; Ord. 2964, Sec. 1, 1993; Ord. 2930 Sec. 1, 1993; Ord. 2918 Sec. 1, 1993; Ord. 2898 Sec. 1, 1992; Ord. 2895 Sec. 1, 1992; Ord. 2888 Sec. 1, 1992; Ord. 2832 Sec. 1, 1991; Ord. 2812 Sec. 1, 1991; Ord. 2748 Sec. 1, 1989; Ord. 2747 Sec. 1, 1989; Ord. 2732 Sec. 1, 1989; Ord. 2720 Sec. 1, 1989; Ord. 2698 Sec. 1, 1988; Ord. 2657 See. 1, 1987; Ord. 2656 Sec. 1, 1987; Ord. 2655 Sec. 1, 1987; Ord. 2654 Sec. 1, 1987; Ord. 2645 Sec, 1, 1987; Ord. 2615 See. 1, 1986; Ord. 2614 Sec. 1, 1986; Ord. 2571 See. 1, 1985; Ord. 2534 Sec. 1, 1985; Ord. 2496 Sec. 1, 1984; Ord. 2433 Sec. 1, 1983; Ord, 2407 Sec. 1, 1982; Ord. 2403 Sec, 1, 1982; Ord. 2354 Sec. 1, 1982; Ord. 2207 Sec. 1, 1980; Ord. 2197 Sec. 1, 1980; Ord. 2131 Sec. 1, 1980; Ord. 2108 Sec. 1, 1979; Ord. 2058 Sec. 1, 1979; Ord. 1999 Sec. 4, 1978; Ord. 1943 See. 1, 1978; Ord. 1939 Sec. 1, 1978; Ord. 1808 Sec. 1, 1976; prior code Sec. 8-42.12.) Section 2. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco, 'Washington, and approved as provided by law this 15`h day of October, 2007. Joyce Olson, Mayor ATTEST: Debbie Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney CITY OF-PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. is an ordinance amending section 10.56.080 entitled"Schedule iii — Parking prohibited at all times on certain streets" of the Pasco Municipal Code to prohibit parking on various streets. The full text of Ordinance No. , is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293,Pasco, WA 99301. Debbie Clark, City Clerk AGENDA REPORT NO. 74 FOR: City Council DATE: 10/ 11/07 TO: Gary Crutchfi Y Manager WORKSHOP: Richard J. Sm , Director REGULAR: 10/15/07 Community an Economic Development FROM: David I. McDonald, City Planner.��iJ�..— SUBJECT: STREET VACATION- A portion of Brown St. and 28th Ave. (MF #VAC-07-007) 1. REFERENCE(S): A. Proposed Resolution and Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , fixing 7:00 PM, November 5, 2007 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City is in the process of making improvements to the intersection of Brown Street and 281h Avenue. To accommodate the increased radius at the intersection it is necessary to realign the intersection. This realignment will create some excesses right-of-way at the northwest corner of the intersection. The vacation is necessary to facilitate the reconstruction of the intersection and to fulfill contractual obligations under the sales and purchase agreement for the purchase of a portion of the Steamf"itters parking lot. B. The State law governing street vacations permits the City to initiate the vacation process in response to a petition from a private party or by Council Resolution for a public purpose. In this case the public purpose is created by the need to realign the intersection of West Brown and 281h. Therefore staff is recommending the proposed vacation be initiated by Council Resolution. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is November 5, 2007, V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 8(a) RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF INTERSECTION OF WEST BROWN STREET AND ROAD 28/28TH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the following portion of West Brown Street and Road 28/28"' Avenue: Beginning at a point on the Easterly right-of-way line of Highway 395, said point being the intersection of the said Highway right-of-way and the Westerly right-of-way line of Road 28; Thence Northeasterly along said Flighway right-of-way to a point on the Easterly right-of-way line of Road 28; Thence Southerly along said Easterly right-of- way line to the Northerly right-of-way line of West Brown Street; Thence along the Northerly right-of-way line of West Brown Street a distance 87.14 feet to a point of curve to the left; Thence along a non-radial curve through a central angle of 89 degrees, 16 minutes, 34 seconds, a radius of 149 feet and arc distance of 232.17 feet a cord bearing of South 44 degrees, 26 minutes 0 seconds West a cord distance of 209.38 feet to a point on the Westerly right-of-way line of Road 28; Thence northerly along said Westerly right-of-way to the true point of beginning. will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 5, 2007. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2007. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney City of Pasco Please publish 10-16-07 & 10-28-07 Please send two (2) affidavits of publication for each. CITY OF PASCO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Pasco City Council will hold a Public Hearing on Nov 5, 2007 at 7:00 p.m., in the Council Chambers, at 525 N. 3rd Ave, to consider vacating a portion of the intersection of W Brown St and Road 28/28`'Avenue. Sandy Kenworthy, Deputy City Clerk Item: Street Vacation Exhibit Brown Street and 28 h Ave N File #: VAC 07-007 NO jr� RR ra Proposed r ' lmmp� vowe- :w. , �.ax. �f, ,�..... .:sa,•r { :i,fig , r xy�x t 1i t ': Sq 1£ 9 - WO 91 NOW-FIF .x. ;fin F �c��-k .: ter,;s. a �;:.�...'_ c:i�s' �� � a`i19=• �.' � _ ��, ,:•vim ffu, .a t r AGENDA REPORT NO. 23 FOR: City Council October 10, 2007 TO: Gary Crutchfiel sty anager Robert J. Albe , Publ c Works Director FROM: Michael McS�ty Engineer Regular Mtg.: 10/15/07 SUBJECT: Award 2007 Handicap Ramps, #07-3-06 I. REFERENCE(S): 1. Bid Summary 2. Vicinity Map II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/15/07: MOTION: I move to award the low bid for the 2007 Handicap Ramps Project, #07-3-06 to A& B Asphalt in the amount of$126,460.00, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Community Development Block Grant IV. HISTORY AND FACTS BRIEF: A) On October 10, 2007, staff received three bids for the 2007 Handicap Ramps project, #07-3-06. The low bid was received from A & B Asphalt, in the total amount of $126,460.00. The second lowest bid received was in the amount of $141,620.00. The Engineer's Estimate for the project is $135,000.00. V. DISCUSSION: A) The scope of work for the 2007 Handicap Ramps Project, #07-3-06 includes removing existing sidewalks and installing handicap ramps in approximately 125 locations. The locations are highlighted on the attached vicinity map. The budget for the 2007 Handicap Ramps Project is $138,750.00. The goal is to improve as many locations as possible within the budget and target area. Where applicable, additional ramps will be installed to meet the goals of the program. Staff recommends award of this contract to A & B Asphalt. 10(a) 2007 Handicap Ramps Project, #07-3-06 BID SUMMARY A&B Asphalt $1267460.00 West Coast Construction $141,620.00 Apex Contracting $1641960.00 `J I U �i 'may MEN 1�1�! � FFFF