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HomeMy WebLinkAbout2015.02.17 Council Meeting PacketAGENDA PASCO CITY COUNCIL. Regular Meeting 7:00 p.m. February 17, 2015 Please note that our Council Meeting will take place on Tuesday, February 17 as City Hall will be closed Monday, February 16 in honor of Presidents' Day. 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 Public Hearing dated January 26, 2015. 2. Minutes of the Pasco City Council Meeting dated February 2, 2015. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve claims in the total amount of $3,029,929.14. 2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and parking) accounts receivable in the total amount of $258,588.57 and, of that amount, authorize $154,393.26 be turned over for collection. (c) Resolution No. 3616, a Resolution of the City of Pasco, Washington repealing Resolution No. 3462 and adopting new Standards for the Delivery of Public Defender Services. 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 23, 2015. 2. Public Defender Standards — Proposed Resolution. To approve Resolution No. 3616, regarding Standards for Public Defender Services. (d) Resolution No. 3617, a Resolution approving Amendment No. 1 to the HOME Cooperative Agreement for Tri -Cities HOME Consortium of Kennewick, Pasco and Richland under the National Affordable Housing Act. 1. Agenda Report from Angela Pitman, Block Grant Administrator dated February 2, 2015. 2. HOME Consortium Agreement — Proposed Resolution. 3. HOME Consortium Agreement — Amendment No. 1 to Cooperative Agreement of the Tri -Cities HOME Consortium. To approve Resolution No. 3617, approving Amendment No. 1 to the HOME Cooperative Agreement between the cities of Pasco, Kennewick and Richland for Program Years 2014- 2016. (e) Resolution No. 3618, a Resolution waiving competitive bidding requirements for the purchase of a Titus Industrial Group, Inc., DO2E Floating Aerator at the Process Water Reuse Facility and approving installation of the equipment. 1. Agenda Report from Kent McCue, Interim Engineering Manager dated February 6, 2015. 2. Process Water Reuse Facility DO2E Floating Aerator — Proposed Resolution. 3. Process Water Reuse Facility DO2E Floating Aerator — Price Quote. 4. Process Water Reuse Facility DO2E Floating Aerator— Memo. To approve Resolution No. 3618, waiving competitive bidding requirements and approving the purchase of the Titus Industrial Group, Inc., DO2E Floating Aerator and approving installation of the equipment. Regular Meeting 2 February 17, 2015 (f) ' Resolution No. 3619, a Resolution fixing the time and date for a public hearing to consider vacating alleys in Blocks 1, 2 and 3 of Acre Park Addition and in Blocks 3, 5 and 12 of Kurtzman's First Addition. 1. Agenda Report from Shane O'Neill, Planner I dated February 10, 2015. 2. Kurtzman Alley Vacation — Overview Map. 3. Kurtzman Alley Vacation —Vicinity Map. 4. Kurtzman Alley Vacation— Proposed Resolution. To approve Resolution No. 3619, setting 7:00 pm, Monday, March 16, 2015 as the time and date to conduct a public hearing to consider vacating alleys in Kurtzman's Addition. (g) I Resolution No. 3620, a Resolution fixing the time and date for a public hearing to consider vacating the utility easement on Lot 7, Columbia East #2. 1. Agenda Report from Dave McDonald, City Planner dated February 10, 2015. 2. Easement Vacation, Lot 7 Columbia East #2 — Overview Map. 3. Easement Vacation, Lot 7 Columbia East #2 — Vicinity Map. 4. Easement Vacation, Lot 7 Columbia East #2 — Proposed Resolution. S. Easement Vacation, Lot 7 Columbia East #2 — Petition. To approve Resolution No. 3620, setting 7:00 pm, Monday, March 16, 2015 as the time and date to conduct a public hearing to consider vacating the utility easement through Lot 7, Columbia East #2. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (e) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. an Ordinance of the City of Pasco, Washington amending PMC 3.07.040 "Recreation Facility Rental." 1. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 28, 2015. 2. Recreation Facility Rental — Proposed Ordinance. MOTION: I move to adopt Ordinance No. amending PMC 3.07.040 Recreation Facility Rental and, further, authorize publication by summary only. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) I Bid Award: 2015 Crack Seal, Project #M3 -OV -3R-15-02: 1. Agenda Report from Kent McCue, Construction Manager dated February 11, 2015. 2. 2015 Crack Seal — Vicinity Map. 3. 2015 Crack Seal — Bid Summary. Regular Meeting 3 February 17, 2015 (RC) MOTION: I move to award the low bid for the 2015 Crack Seal project, to include the base bid and Alternates A -F to Stripe Rite, Inc., in the amount of $112,670.00 and, further, authorize the City Manager to execute the contract documents. (b) i Bid Award: Richardson Park Pool Demolition, Project #C5 -PK -8A-15-11: 1. Agenda Report from Kent McCue, Construction Manager dated February 9, 2015. 2. Richardson Park Pool Demo — Vicinity Map. 3. Richardson Park Pool Demo — Bid Summary. (RC) MOTION: I move to award the low bid for the Richardson Park Pool Demolition project to Big D's Construction of Tri -Cities, Inc., in the amount of $84,739.49 and, further, authorize the City Manager to execute the contract documents. (c) 1 Bid Award: Memorial Park Upgrades, Project #C5 -PK -8R-14-01: 1. Agenda Report from Kent McCue, Construction Manager dated February 9, 2015. 2. Memorial Park Upgrades — Vicinity Map. 3. Memorial Park Upgrades — Bid Summary. (RC) MOTION: I move to award the low bid for the Memorial Park Upgrades project, to include the base bid and Alternates 1, 2 and 3 to Moreno & Nelson Construction Corporation in the amount of $106,505.86 and, further, authorize the City Manager to execute the contract documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. rRoll Call Vote Required Item not previously discussed Quasi -Judicial Matter MF# "Master File #...: ' REMINDERS: 1. 5:30 p.m., Wednesday, February 18 — Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 2. 11:30 a.m., Friday, February 20 — Benton -Franklin Council of Governments Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) PUBLIC MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL JANUARY 26, 2015 The City Council workshop meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt Watkins, Robert Hoffmann, Tom Larsen and Al Yenney. Staff present: Dave Zabell, City Manager; Lee Kerr, City Attorney; Stan Strebel, Deputy City Manager; Rick White, Community & Economic Development Director; Rick Terway, Administrative & Community Services; Ahmad Qayoumi, Public Works Director; Bob Gear, Fire Chief and Bob Metzger, Police Chief. 4. ITEM FOR DISCUSSION: PUBLIC BEARING — CITY COUNCIL DISTRICTS PUBLIC HEARING: (a) City Council Districts: Mr. Strebel explained since last fall, Council has had considerable discussion on the need to review City Council District boundaries (to keep with the 10% population tolerance) and to develop a new district boundary plan prior to the 2015 election cycle, for which filing begins on May 11, 2015. The plan shall be consistent pursuant to RCW 29A.76.010(4). In addition, Mr. Strebel explained that the Council needs to be mindful of the City's sizeable Latino population, making sure that boundaries provide for equal voting opportunity for that minority group. The City has monitored the proceedings of the recent lawsuit against the City of Yakima and is using the services of a demographic consultant to consider requirements of the federal Voting Rights Act in drafting potential district boundaries. The public has been given notice of this hearing by publication in the Tri -City Herald, To Decides Newspaper (Spanish and English) and on the City's website (Spanish and English). MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CITY COUNCIL DISTRICTS. Comments provided by: Mr. Felix Vargas, 900 Road 64 Richard Reuther, 4302 Desert Street Isaac Myhrum, 504 Road 37 Nicolas Zavala, 4804 Sirocco Drive Diana Killian, 1712 W Octave FOLLOWING THREE CALLS FOR COMMENTS, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Staff announced the next City Council Districts Public Hearing date would be February 23, 2015. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 17th day of February, 2015. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councihnembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney, Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Joseph Seer, Traffic Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 20, 2015. Bills and Communications: To approve claims in the total amount of $2,581,228.79 ($1,376,186.17 in Check Nos. 202206-202400; $447,525.08 in Electronic Transfer Nos. 803949-804026, 804029- 804045, 804048-804049, 804052-804164; 804166-804246; $26,281.86 in Check Nos. 47700-47725; $528,597.98 in Electronic Transfer Nos. 30077820-30078291; $202,637.70 in Electronic Transfer Nos. 117-119). Agreement with Gordon Thomas Honeywell for Federal Legislative Consulting Services: To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to execute the agreement. Right -of -Way License Agreement (MF #AGRMT2015-003) Road 100: To approve the Road 100 Right -of -Way License Agreement and, further, authorize the City Manager to execute the license agreement. Resolution No. 3615, a Resolution approving a preliminary plat for Tierra Vida Division No. 2. To approve Resolution No. 3615, approving the Preliminary Plat for Tierra Vida Division No. 2. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Jim Brittain, 10824 W. Court St., addressed Council concerning the possibility of the City working with Google to bring high speed fiber to Pasco. 3(a).2 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Garrison attended the Visit Tri -Cities Board meeting. Mr. Yenney and Mayor Watkins commented on the Employee Awards Banquet. Mr. Larsen attended the Emergency Medical Services Board meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: Portion of Road 60 (MF# VAC2014-009). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4203, an Ordinance vacating a portion of Road 60. MOTION: Ms. Francik moved to adopt Ordinance No. 4203, vacating the east 15 feet of Road 60 south of Sylvester Street and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Easement Vacation: Lots 6 & 7, Columbia East #2 (MF# VAC2014-010). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4204, an Ordinance vacating the Utility Easement between Lots 6 and 7, Columbia East #2. MOTION: Ms. Francik moved to adopt Ordinance No. 4204, vacating the Utility Easement between Lots 6 and 7, Columbia East #2 and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Street Vacation: Portion of Colorado Avenue (MF# VAC2014-008). Mr. White explained the details of the proposed vacation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance No. 4205, an Ordinance vacating a portion of Colorado Avenue. MOTION: Ms. Francik moved to adopt Ordinance No. 4205, vacating a portion of Colorado Avenue and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4206, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located in the northwest corner of I-182 and Broadmoor Blvd from RT (Residential Transition) to C-1 (Retail Business). Mr. White explained the details of the proposed rezone. MOTION: Ms. Francik moved to adopt Ordinance No. 4206, rezoning property located in the Northwest corner of I-182 and Broadmoor Blvd from RT to C-1 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ordinance No. 4207, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located at 710 North 24th Avenue from C-1 (Retail Business) to R-3 (Medium Density Residential). Mr. White explained the details of the proposed rezone. MOTION: Ms. Francik moved to adopt Ordinance No. 4207, rezoning the property located at 710 N. 24th Avenue from C-1 to R-3 and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Hoffmann and Mr. Yenney commented on the new development along Sylvester St. Mr. Zabell updated Council on the construction of Powerline Road, the Road 80 Annexation Citizen Committee, the City Website update, Safety Grants for Oregon Ave. and 20`s Ave., the Fire Safety Inspection Program and STP Funding for the Road 68 Study and City wide signal improvements. Mayor Watkins noted that Mac Miller, a frequent visitor at Council Meetings, passed away last month. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:42 p.m. for approximately 20 minutes to consider possible acquisition and to establish sales price or lease amount of real estate with the City Manager, Deputy City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:01 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:01 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 17th day of February, 2015. CITY OF PASCO Council Meeting of: February 17 2015 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby cerufy under penalty of perjury that the materials have been furnished, the services rendered or the labor performed as described herein and that the claim is a just, due and unpaid obllgation against the city and that we are authorized to authenticate and certify to said claim. Dave I C pager Pick Terway, CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 17 day of February, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank 'I Bank Electronic Bank Combined Check Numbers 202401-202641 47726-47755 Total Check Amount $988,067.13 $36,887.47 Electronic Transfer Number; 804316-804317 30078292,30078771 STREET OVERLAY 804325-804326 C. D. BLOCK GRANT 164.25 804351,804369 16.07 NSP GRANT 804372 KING COMMUNITY CENTER Total EFT Amount $1,130,412.58 $656,549.87 Councllmember 115-119 120.121 $11,237.05 $206,775.04 SUMMARY OF CLAIMS BY FUND: Total Checks $ 1,024,954.60 Total EFTS $ 2,004,974.54 Grand Total $ 3,029,929.14 Councllmember GENERAL FUND STREET 541,537.24 ARTERIAL STREET 4,006.98 STREET OVERLAY 0.00 C. D. BLOCK GRANT 164.25 HOME CONSORTIUM GRANT 16.07 NSP GRANT 10,000.00 KING COMMUNITY CENTER 1,500.00 AMBULANCE SERVICE 2,105.19 CEMETERY 41,816.88 ATHLETIC PROGRAMS 4602 GOLF COURSE 4,310.70 SENIOR CENTER OPERATING 36,246.34 MULTI MODAL FACILITY 4199 12 SCHOOL IMPACT FEES 1,104.00 SPECIAL ASSESSMNT LODGING 55,880.00 LITTER CONTROL 18,301.48 REVOLVING ABATEMENT 0.00 TRAC DEVELOPMENT & OPERATING 915.38 ECONOMIC DEVELOPMENT 27,321.84 STADIUM/CONVENTION CENTER 8,615.09 GENERAL CAP PROJ CONSTRUCTION 9,991.29 WATER/SEWER 10,597.17 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 1,061,104.19 EQUIPMENT RENTAL - OPERATING BUSINESS 14,390.90 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 5,896.52 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 0.00 MEDICAUDENTAL INSURANCE 206,223.21 FLEX 0.00 PAYROLL CLEARING 963,639.28 GRAND TOTAL ALL FUNDS: $ 3,029,929.14 3(b).1 FOR: TO: FROM: SUBJECT: I. II. iWZ$y1" City Council DATE: February 11, 2015 Dave Zabell, City Managell REGULAR: February 17, 2015 Rick Terway, Administrative unity Services Director Eva Lindgren, Interim Finance Manager BAD DEBT WRITE-OFF'S/COLLECTION. REFERENCE tS1: Write-off and collection lists are on file in the Finance Department. ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and parking) accounts receivable in the total amount of $258,588.57 and, of that amount, authorize $154,393.26 be turned over for collection. 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 are 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. Those 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. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Utility Billing Ambulance Court A/R Code Enforcement Cemetery General Miscellaneous TOTAL: 3(b).2 Amount Direct Referred to Total Write-offs Collection Write-offs $ 112.95 1,483.84 1,596.79 $ 104,080.56 14,767.04 118,847.60 $ .00 129,936.00 129,936.00 $ .00 8,155.88 8,155.88 $ .00 .00 .00 $ 1.80 50.50 52.30 $ .00 ,00 .00 $ 104,195.31 154,393.26 258,588.57 3(b).2 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manage FROM: Stan Strebel, Deputy City Manager SUBJECT: Public Defender Standards I. REFERENCE(S): 1. Public Defender Standards — Proposed Resolution January 23, 2015 Workshop Mtg.: 2/9/15 Regular Mtg.: 2/17/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: Discussion 2/17: MOTION FOR THE CONSENT AGENDA: I move to approve Resolution No.Sta I regarding Standards for Public Defender Services III. FISCAL IMPACT: Increased costs are expected; unknown at this time. IV. HISTORY AND FACTS BRIEF: A) In response to legislative mandate and Supreme Court Order, the City adopted standards for the provision of public defense services to indigent defendants in March of 2013. B) Since adoption of the standards, additional requirements of the court and case law from a federal lawsuit (Wilbur vs. City of Mt. Vernon) requires that the City review and update its standards. C) The new requirements will impose significant new performance and reporting responsibilities on the City and its public defenders and will place workload limits on defenders, whether publically employed or under private contract. Cost increases in meeting the standards are expected to be realized in a number of different ways. It is impossible to estimate the cost impacts at this time. V. DISCUSSION: A) Staff is still working to make necessary modifications in contracts, reports and other practices. Adoption of the proposed Resolution will satisfy one of the requirements of the new standards, which staff recommends. 3(c) RESOLUTION NO. 3� I A RESOLUTION of the City of Pasco, Washington, repealing Resolution No. 3462 and adopting new Standards for the Delivery of Public Defender Services. WHEREAS, the Washington legislature by RCW 10.101.030 requires the City of Pasco ("City") to legislatively adopt Standards for the delivery of Public Criminal Defense Services; and WHEREAS, the Council has, by Resolution No. 3462, on the 18th day of March, 2013, adopted a Resolution initiating the process of reviewing Standards for indigent defense under which the City Manager and staff engaged in a process to review and update the Standards adopted by the City utilizing the Washington State Bar Association Standards for Indigent Defense Services as a guideline and to work with the attorney contractors providing public defense services to the City, the prosecutors, and the Pasco Municipal Court to provide a report to the City Council and to prepare such documents and amendments to the Standards as adopted by Court rule; and WHEREAS, since the initiation of that review, additional Standards have been adopted, case load weighting established, and litigation has occurred providing additional direction for the preparation of appropriate Standards; and WHEREAS, on December 4, 2013, a decision in Wilbur vs. City of Mount Vernon was rendered providing additional guidance to Washington cities regarding the provision of indigent defense services, its funding, and evaluation of existing and necessary services; and WHEREAS, the City Manager and staff have done a comprehensive assessment, and evaluation of the indigent defense procedures before the Pasco Municipal Court, and have identified significant modifications to the procedure, the agreements with the defense providers, prosecutors, and the Municipal Court, and prepared Standards and procedures which are designed to enhance the protection of the rights of all those accused of a crime and specifically that vulnerable portion of citizens who cannot afford to secure legal representation in criminal proceedings and to assure those rights are preserved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City of Pasco does hereby adopt the following standards for the delivery of Public Defender Services: 1. DUTIES AND RESPONSIBILITIES. 1.1 Public Defense Services shall be provided to all clients in a professional, skilled manner consistent with the minimum standards set forth by the Washington State Bar Association Standards for Indigent Defense Services (June 3, 2011), the Rules of Professional Conduct, case law and, in particular, the decision in Wilbur vs. Mt. Vernon, and applicable Court rules defining the duties of counsel and the rights of defendants in criminal cases. The Public Defender's primary and most fundamental responsibility is to promote and protect the interests of the client. 1.2 Public Defense shall be provided to indigent clients whose eligibility has been determined through an established screening process. 1.3 All Public Defenders providing services by contract shall quarterly certify their compliance with the standards for indigent defense by filing a Certification of Compliance as required by CrR 3. 1, CrRLJ 3.1 and JuCR 9.2. Such forms shall be filed with the City's Municipal Court. Copies of each Public Defender's certification shall be provided to the City's Defense Contract Administrator. 1.4 Nondiscrimination. The Public Defender shall comply with all Federal, State and local nondiscrimination laws or ordinances. The duty of nondiscrimination relates not only to the provision of services by the Public Defender to clients, but also with respect to the hiring and employment practices of the Public Defender Contractor. 2. ADMINISTRATION, SUPPORT SERVICES AND INFRASTRUCTURE. 2.1 Contracts for services and proposals submitted in pursuit of such contracts shall require the Public Defender to provide, through adequate compensation provided in the contract, adequate administrative support, including but not limited to: 2.1.1 Travel, telephones, law library and/or electronic research capabilities, financial accounting, case management systems, computers, word processing equipment and software, office space and supplies. Proposals for contracts shall be evaluated to address the training of attorneys and staff (see Section 1.1 above) and provide for adequate staffing and other costs associated with the day-to-day management of a law office. 2.1.2 Private offices and/or conference rooms shall be available which allow the maintenance of confidentiality. A telephone system, internet access and postal address shall be provided by the Public Defender. 2.2 The Public Defender shall provide for adequate staffing under the contract. An adequate staff includes the provision for investigative services, legal assistance, accounting services, case management services and/or programs and access, when needed, to the services of a social worker, mental health professional and/or translator. 2.3 The contract shall provide for additional compensation for extraordinary costs associated with defense, such as expert witness fees. 3. EVALUATION AND MONITORING. 3.1 The City Manager shall designate a Public Defense System Contract Administrator to provide monitoring and evaluation of the Public Defense Services provided by the City. 3.2 Public Defense Services shall include a case reporting system and information management system. Such systems shall have the capability to provide periodic reports to the City regarding the caseload generated under the contract for each attorney and intern providing services under the contract, case disposition and history. 4. CASELOAD LIMITS. The Public Defender shall comply with all caseload limitations imposed pursuant to the Court Rule and adopted Standards of the Washington State Supreme Court. 5. CONTRACT WARRANTY. The Public Defender, Conflict Counsel and every attorney providing indigent defense services by contract with the City shall warrant that he/she has: 5.1 Read the Wilbur vs. City of Mount Vernon (December 2013) decision and will provide services in accord with its provisions; and 5.2 Ensured that the compensation provided is sufficient to provide adequate training, administrative and staff services, and infrastructure required by these Standards, Court Rule and the State and Federal Constitutions. 6. TERMINATION AND REMOVAL. Termination of the contract, other than by mutual agreement or expiration of its term, shall occur only for "good cause." Good cause shall include the failure of the contract Public Defender to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and/or the willful disregard of these Standards. Termination may also occur for violation of the express terms of the contract, provided, however, that the Public Defender shall be provided reasonable opportunity, following notice, to cure any technical contract violations that do not impair the provision of quality representation to the indigent client. 7. SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT COUNSEL. 7.1 In the event of conflict or removal of the Public Defender, Conflict Counsel approved by the City shall be available, either through a joint contract with the Public Defender and Conflict Counsel, by separate contract between the City and Conflict Counsel or by Court appointment. In the event that alternative or Conflict Counsel is required to be assigned, the Public Defender shall bear no part of the costs associated with the appointment of an alternative Conflict Counsel. The contract should address the procedures for continuing representation of clients upon conclusion of the agreement. 7.2 Conflict Counsel shall adhere to the Standards established by this Resolution, including but not limited to, an evaluation of the overall case count annually by Conflict Counsel under the procedures set forth in this agreement. 8. UPDATE AND EVALUATION. As the rules established by the Washington State Supreme Court are applied and interpreted by the Courts and, when appropriate, the Washington State Bar Association and other administrative agencies, the City states its intent to review and modify these Standards. Section 2. This Resolution shall take full force and effect as of January 1, 2015. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council February 2, 2015 TO: David Zabell, City Manager Workshop Mtg.: 2/9/15 Rick White, Regular Mtg.: 2/17/15 Community & Economic Development Director l� FROM: Angela R. Pitman, Block Grant AdministratotO SUBJECT: HOME Consortium Agreement — Amendment No 1 for Kennewick Pasco and Richland Program Years 2014-2016 (AGRMT2015-001) I. REFERENCE(S): A. HOME Consortium Agreement - Proposed Resolution B. HOME Consortium Agreement - Amendment No. 1 to Cooperative Agreement of the Tri - Cities HOME Consortium H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: 2/17: MOTION FOR CONSENT AGENDA: I move to approve Resolution No. approving Amendment No. 1 to the HOME Cooperative Agreement between the Cities of Pasco, Kennewick and Richland for Program Years 2014-2016. M. FISCAL IMPACT: Pasco's share of federal HOME funds in 2014 is $200,000 plus program income generated, approximately $435,000 is expected be available over the next three years. IV. HISTORY AND FACTS BRIEF: V. A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995, making the city eligible for federal HOME funds. The populations of the individual cities alone do not meet the U.S. Department of Housing and Urban Development (HUD) minimum. By joining together in a consortium, funds are available to the three cities. B. In June of 2013 the revised HOME Consortium Agreement and renewal for Tri -Cities HOME Consortium for program years 2014-2015-2016 was approved by Council Resolution 3475. A. Amendment No.1 to the Cooperative Agreement revises Sections 4 and 7 as follows: a) Section 4 — Allocation of HOME funds. This revision incorporates changes previously agreed upon by the member cities, such as limiting activities to down payment assistance, distributing funds equally, shortening the deadline for expending funds to 24 months, and awarding a minimum of 15% or more to CHDO projects. b) Section 7 Administrative Fees, adds two new sections: i. Administrative Shortfalls, allocates administrative shortfalls equally among members; members agree the 10% administrative funds generated by respective members may be used toward the administrative shortfall by the Lead Entity. ii. Negative Interest, permits reimbursement of negative interest to the Lead Agency. In the event the negative interest occurs as the result of actions of a particular member, that member will be fully responsible for reimbursement. Negative interest not related to the actions of particular member would be equally allocated to all members. Negative interest is not an administrative cost and may not be reimbursed from federal funds. B. Section 6, Term of the Cooperative Agreement, limits exposure to the city to the length of time necessary to carry out all the activities that will be funded from funds awarded for three federal fiscal years 2014, 2015, 2016. If funding ceases, the cooperative agreement would continue only until awarded funds were fully expended. C. The Cooperative Agreement is a separate instrument than the subrecipient agreements Council has recently considered. HUD requires both instruments to be consistent. 3(d) RESOLUTION NO. 3� A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HOME COOPERATIVE AGREEMENT FOR TRI -CITIES HOME CONSORTIUM OF KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE HOUSING ACT WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101-625, the National Affordable Housing Act of 1990 (NAHA); and WHEREAS, the members of the Consortium desire to amend the cooperative agreement to incorporate changes previously agreed upon to limit activities to down payment assistance, distribute grant funds equally, shorten deadlines for expending funds, and permitting greater than the 15% minimum set-aside be used for CHDO projects, and WHEREAS, the members of the consortium desire to amend the cooperative agreement to specify how Administrative Shortfalls and Negative Interest will be allocated, and WHEREAS, the Tenn of the Cooperative Agreement, limits exposure to the members of the consortium to the length of time necessary to cant' out all the activities that will be funded from funds awarded for three federal fiscal years 2014, 2015, 2016; NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council approves Amendment No. 1 to the HOME Consortium Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City Manager to sign the agreement. PASSED by the City Council of the City of Pasco this day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney After recording please return to: City of Richland, Housing and Redevelopment Attn: Michelle Burden P.O. Box 190 MS 19 Richland, WA 99352 AMENDMENT #1 TO COOPERATIVE AGREEMENT THE TRI -CITIES HOME CONSORTIUM FORMED UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEAR 2014-2015-2016 This Amendment is entered into between the Cities of Kennewick, Pasco, and Richland, municipal corporations of the State of Washington (Members), for the purpose of amending the Cooperative Agreement of the Tri -Cities HOME Consortium originally formed in 1996 under the HOME Investments Partnership (HOME) Program and restated in a replacement agreement executed in 2013. This Amendment will become effective upon execution by the parties and approval by the U.S. Department of Housing and Urban Development (HUD). The following sections of the Cooperative Agreement executed in 2013 are hereby amended as follows: SECTION 4: PROGRAM ADMINISTRATION Allocation of HOME Funds. HOME funds will be allocated between the Members in the following manner: (omitted; remains as written) ii. Fifteen percent (15%) or more of the overall allocation will remain with the Lead Entity to be utilized for CHDO Set -Aside activities. CHDO projects will be identified by Consortium Members as described in Section 4.f below. iii. The remaining balance of the overall allocation shall be invested in down payment assistance. These funds shall be divided equally among Members. Each member is entitled to plan for the expenditure of funds in an amount equal to their share of the HOME grant award, as is determined during each fiscal year of this Agreement and identified in the Annual Action Plan. If desired and applicable, the Cities of Kennewick and Pasco may serve as Subrecipient Administrators to the Lead Entity to oversee investment of their respective portion of HOME funds in down payment assistance. e. Funding Timelines. Any HOME funds set aside for a Member and not committed to a project within 18 months, or expended within 24 months of the award of HOME funds to the Tri -Cities HOME Consortium, will be made available to other projects across the Consortium. Reallocation will be executed by the Lead Entity with written notification of affected member(s). Members are aware that if funds are not committed and expended according to effective HUD deadlines, that HUD will recapture the funds. Such a recapture will reduce the availability of funds for that individual member by the amount determined by HUD to be in non-compliance. f. CHDO Set Aside. Fifteen percent (15%) or more of the overall allocation will remain with the Lead Entity to be utilized for CHDO Set -Aside activities. Members will work together to identify CHDO projects, and funding will be based primarily on community impact, developer capacity, project feasibility, and readiness to proceed. Members will aim to rotate the location of CHDO projects when possible. After Members identify CHDO project(s), the Lead Entity will perform required administrative duties to assess, approve, and fund projects. SECTION 7: ADMINISTRATIVE FEES The HOME Consortium will retain ten (10) percent of the grant or the maximum allowed by the program regulations for administration and management of the HOME program. The Lead Entity will oversee an annual process to budget administrative fees. Only costs associated with the management and administration of the HOME program may be charged against HOME administrative allocations. Program income generated by other member programs will not be included in the 10% calculation unless agreed upon by the respective Member. a. Administrative Shortfalls. Administrative shortfalls by the Lead Entity shall be addressed annually. Member Cities shall agree to split such shortfalls equally. Members may agree to utilize the 10% administrative funds generated by their program income to use toward administrative shortfalls experienced by the Lead Entity. b. Negative Interest. In the event that negative interest occurs as a result of the action(s) of a particular Member, then that Member is fully responsible for reimbursing the Lead Entity; PROVIDED, however, that if negative interest occurs that is not directly related to a single Member's actions, then each Member shall equally share in the cost of the negative interest. Note that negative interest earnings cannot be claimed as an administrative cost and must be reimbursed from non-federal funds. All other terms and conditions of the Cooperative Agreement executed in 2013 not specifically referenced in this Amendment remain unchanged and in full force and effect. [Signature Page to Follow] COOPERATIVE AGREEMENT - THE TRI -CITIES HOME CONSORTIUM AMENDMENT #1 SIGNATURE PAGE Marie E. Mosley, City Kennewick City of Kennewick Dave Zabell, City Manager City of Pasco Cynthia D. Johnson, City Manager City of Richland APPROVED AS TO FORM: Heather Kintzley, City Attorney City of Richland APPROVED AS TO FORM: Lee B. Kerr, City Attorney City of Pasco Date Date Date APPROVED AS TO FORM: Lisa Beaton, City Attorney City of Kennewick AGENDA REPORT NO.2 FOR: City CouncilFebruary 6, 2015 TO: Dave Zabel,, City Manager Ahmad Qayoumi, P.E., Public Works Director ,,,``11 Workshop Mtg.: 2/9/15 FROM: Kent McCue, Interim Engineering Manager �" Regular Mtg.: 2/17/15 SUBJECT: Process Water Reuse Facility D02E Floating Aerator Declaration of Sole Source I. REFERENCE(S): 1. Process Water Reuse Facility D02E Floating Aerator - Proposed Resolution 2. Process Water Reuse Facility D02E Floating Aerator - Price Quote 3. Process Water Reuse Facility D02E Floating Aerator — Memo H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/09: Discussion 02/17: MOTION: I move to approve Resolution No. �l I , waiving competitive bidding requirements and approving the purchase of the Titus Industrial Group, Inc., D02E Floating Aerator, and approving install of the equipment. III. FISCAL IMPACT: Process Water Reuse Facility Fund. IV. HISTORY AND FACTS BRIEF: A) The Public Works Department Plant Operation Division is requesting the installation of a Titus Industrial Group, Inc., D02E Floating Aerator at the Process Water Reuse Facility (PWRF). An aerator is used in wastewater treatment to introduce air into the wastewater as a way to break down organic matter. The aerator provides oxygen transfer, mixing sludge reduction, and reduction in odors. B) As part of Phase III of the PWRF Improvements to remove BOD (Biochemical Oxygen Demand) staff researched extensively types of aerators that are available on the market that would provide low cost and low maintenance aerations to remove BOD as part of cleaning the wastewater. C) Staff selected two types of aerators to be tested. One of the available aerators was from Titus Industrial Group, Inc. D) For a period of six weeks, Titus Industrial Group, Inc. provided a demo aerator. Staff was very impressed with its performance and the ease of operation with its "plug and play" technology. E) Staff was not able to test the other type of aerator. It required more of an extensive set up (i.e. heavy duty blower). F) Staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. The addition of an aerator to the process will suspend solids thereby reducing the blockages of the piping system. V. DISCUSSION: A) The need exists not only for an aerator but one that can be easily moved throughout the pond and to other ponds as the needed. B) The Titus Industrial Group, Inc., D02E Floating Aerator is a high volume floating aeration system. The D02E is a patented mixer/aerator with no moving parts located in the water and is 100% air driven by low pressure, high volume regenerative air pumps. Titus Industrial Group, Inc. is the only manufacturer that sells this product and has the patent. C) The D02E Floating Aerator is ideal for use at the PWRF compared to other available aeration systems. The Titus Industrial Group, Inc., D02E Floating Aerator is a floating unit that is connected to a blower that is located on the banks of the pond. Other aeration systems and their blowers rest on the bottom of a pond. The majority of maintenance on an aerator is performed on the blower system. With the D02E Floating Aerator's blower system located on land, this reduces a potential safety hazard compared to other aeration systems where the aerator and its blower must be pulled to the surface to perform the maintenance, all while the operator is 3(e) located in a boat. Staff researched the alternatives currently being used by other municipalities and concluded that this was the best fit for the PWRF application and its existing infrastructure. D) With the blower system of the D02E Floating Aerator being located on land, the need for high voltage power lines to be run throughout the pond is eliminated compared to other aeration systems.. The facility is already pre -wired for this proposed aeration system. E) Other aeration systems require extensive additions and modifications to existing infrastructure. This requires draining the pond and puncturing the HDPE liner. It also restricts where the aerator can be moved to. If the operators would like to move the aerator to another section of the pond, another structure or concrete pad would need to be installed. The D02E Floating Aerator being a floating unit, it can easily be disconnected from the bank of the pond and floated to another section of the pond and quickly reactivated. RESOLUTION NO. 3 � 12 A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF A TITUS INDUSTRIAL GROUP, INC., D02E FLOATING AERATOR AT THE PROCESS WATER REUSE FACILITY, AND APPROVING INSTALLATION OF THE EQUIPMENT. WHEREAS, Plant Division staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. An aerator will help keep the solids suspended, reducing the pipe from becoming blocked, and WHEREAS, Plant Division Staff are in need or an aerator that is safe to operate and can be moved easily within a pond and that is able to be relocated to other ponds, and WHEREAS, pursuant to RCW 39.04.280 Titus Industrial Group, Inc., is the sole source of the D02E Floating Aerator; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council does hereby declare that the purchase of Titus Industrial Group, Inc., D02E Floating Aerator is clearly and legitimately limited to a single source of supply, and that the sole source of supply is Titus Industrial Group, Inc., and BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase a D02E Floating Aerator from Titus Industrial Group, Inc. for the sum of $ PASSED by the City Council of the City of Pasco this 17th day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Ken City Attorney Titus Industrial Group, Inc. 1450 NW Gardner Road Prineville97754 Phone., 541-389-1975 Fax:541-389-2911 Name / Address City of Pasco PO Box 293 Pasco, WA 99301 D02E Estimate Date Estimate # 1/26/2015 10377 Page 1 FOB Terms Rep Freight Prineville OR Custom LT Prepay and Add Item Description Qty U/M Rate Total 88.20SFAA460TP High Volume Double Flow Aerator 1 Unit 58,756.80 58,756.80T Heavy Duty Industrial grade Lockable Enclosure 20 Hp Regenerative Blower Prewired 480 volt 3 phase @ 60 Hz Built in Air filter Assembly Motor Starter Power Lock -out Cooling In Preset Pressure Relief Valve 100 Ft. of 6 inch extreme weather air feed hose with aluminum Cam -lock fittings 1 Support Floats for 6 -inch air feed hose Please allow a 6 to 8 week lead time Lifting Device Aerator Stainless Steel Lifting Device I ea 2,500.00 2,500.00T Horizontal Inlet Optional HDPE Horizontal Inlet for Double Flow 1 ea 2,500.00 2,500.00T Aerator Lining protection when operating the aerator in water levels below 6 feet. Freight Expense Freight Expense Estimate to Pasco, WA 99301 1 895.00 895.00T If Construction Site Delivery or Call Prior to Delivery is Required Additional Charges will Accrue Subtotal Sales Tax (8.6%) Total Page 1 Titus Industrial Group, Inc. 1450 NW Gardner Road Prineville, OR 97754 Phone. 541-389-1975 Fax:541-389-2911 Name/Address City of Pasco PO Box 293 Pasco, WA 99301 D02E Estimate Date Estimate # 1/26/2015 10377 FOB Terms Rep Freight Prineville OR Custom LT Prepay and Add Item Description Qty U/M Rate Total * Payment Terms for purchasing Directly From Titus Industrial Group, Inc. 50% Deposit Due at onset of Purchase Order Balance Due at Delivery * Customer Responsible for Installation Costs **TituslG will provide the City of Pasco a "loaner" unit, the single flow demonstration aerator that we previously provided when it becomes available by middle of February at no additional cost for use until their order is fulfilled. Anticipated delivery date of the demo unit yet to be deternvned. * Quote Valid 30 days Customer is Responsiblefar. Subtotal $64,651.80 1. Any and all applicable Freight Taxes, and Tariffs 2. Providing Electrical Connections from blower to Power Supply 3. Lifting devices and equipment if required for installation. Sales Tax (8.6%) $5,560.05 4. Any and all Installation 5. Depoosit May be Required Shipping is Additional. If freight cost is quoted, please note that they are only an estimate Total $70,211.85 and may van,/ depending on quantity shipped and carrier/services selected. Memo Public Works Department To: Dave Zabell, City Manager Ahmad Qayoumi, P. E., Public Works Director ,�^ From: Kent McCue, Interim Engineering Manager 444 Date: February 4, 2014 Re: Process Water Reuse Facility DO2E Floating Aerator—Sole Source Introduction. The Public Works Department Plant Operation Division is requesting the installation of an aerator and associated blower for providing aeration and mixing of the process water in the 5 million gallon equalization basin at the Process Water Reuse Facility (PWRF). (An aerator is used in wastewater treatment to introduce air into the wastewater as a way to break down organic matter. The aerator provides oxygen transfer, mixing sludge reduction, and reduction in odors). Plant Division staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. An aerator will help keep the solids suspended, reducing the pipe from becoming blocked. Staff has determined that it is necessary to purchase an aerator for the PWRF. Evaluation. Staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. Staff have a high need for not only an aerator but one that is able to be easily moved throughout the pond and one that can be moved to other ponds as the need calls for it. The Titus Industrial Group, Inc., DO2E Floating Aerator is a high volume floating aeration system. The DO2E is a patented mixer/aerator with no moving parts located in the water and is 100% air driven by low pressure, high volume regenerative air pumps. The DO2E Floating Aerator is ideal for use at the PWRF compared to other aeration systems as it is a floating unit that is hooked to a blower that is located on the banks of the pond. Other aeration systems and their blowers rest on the bottom of a pond. The majority of maintenance on an aerator is performed on the blower system. With the DO2E Floating Aerator's blower system located on land, this reduces a potential safety hazard compared to other aeration systems where the aerator and its blower must be pulled to the surface to perform the maintenance, all while the operator is located in a boat. With the blower system of the DO2E Floating Aerator being located on land, the need for high voltage power lines to be run throughout the pond is eliminated compared to other aeration systems. 0 Page 1 Other aeration systems require concrete pads or structures to be built and placed into the pond for the aerator to be placed on. This requires draining the pond and puncturing the HDPE liner. It also restricts where the aerator can be moved to. If the operators would like to move the aerator to another section of the pond, another structure or concrete pad would need to be installed. With the DO2E Floating Aerator being a floating unit, it can easily be untied from the bank of the pond and floated to another section of the pond. In the event the operators see the need for the aerator to be moved to another pond, the aerator can be lifted from the current pond by crane and moved to the other pond. Finally, Titus Industrial Group, Inc., had provided a model of their DO2E Floating Aerator for testing at the PWRF and the aerator has proven to work well. Responses to the Sole Source Worksheet questions. The following are responses to the Sole Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable and rationale evaluation is conducted in accordance to WA State Law for these types of purchases. 1. Please describe the items and its function: The aerators at the Reuse Facility are used for mixing and aerating the process wastewater contained in the ponds for ultimate disposal on irrigation circles. The Titus, high volume double flow aerator is a patented floating aeration system that is a mixer/aerator with no moving parts (not considering the land based blower) and is 100% air driven by low pressure, high volume regenerative air pumps. This aerator uses a combination of fine air bubbles creating a Venturi effect (bubbles rising through a confined space pushing water) where oxygen is maximized for both transfer and water velocity mixing. This aerator will also include a heavy duty industrial grade lockable enclosure, 20 HP regenerative blower pre -wired 480 Volt 3 phase at 60 Hz, built-in air filter assembly, motor starter, power lock -out, cooling fan, preset pressure relief valve, 100 feet of 6 -inch extreme weather air feed hose with aluminum cam -lock fittings, 1 support float for 6 -inch air feed hose, and shipping. 2. This is a sole source because: (a) sole provider of a licensed or patented good or service (b) Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function. 0 Page 2 3. What necessary features does this vendor provide which are not available from other vendors? Titus Industrial Group, Inc., is able to provide, which is not available from other vendors, the patented DO2E Floating Aerator. The DO2E Floating Aerator offers the following features: • An energy cost saving of approximately 40% compared to other aerators. • The capability of being easily moving to different locations within the pond and can even be moved to other ponds. These aerators float in the pond and are hooked to the shore. This compares to other models requiring a structure or concrete pad in the water that they are hooked to. The Titus aerators can be moved within the pond from the land by unhooking the unit and pulling to another location within the pond. Other aerators require the operators to be in a boat to unhook and move the units. • Offers a safety advantage compared to other aerators due to minimal amount of maintenance needed, especially maintenance over water. • Offers a safety advantage compared to other aerators due to no moving parts on the equipment located in the water. • Offers a safety advantage compared to other aerators due to blowers being land-based; thus eliminating the need for high voltage transmission lines placed in the water. • A model of the aerator was provided for demonstration that worked well. 4. What steps were taken to verify that these features are not available elsewhere? Other brands/manufacturers were examined and/or contacted. (a) Aqua Aerators were previously used, but cannot meet standards needed now because they: • Require a concrete pad to sit on which we do not currently have and would not want to build one until we were sure of the location of the aerator. • Will operate at 6.5 feet, verses 5 feet with Titus Aerator. • Aqua Aerators uses a 50 Hp motor versus a 20 Hp motor used for the Titus Aerator thus being less energy efficient. (b) Triple Point Water Technologies- Contact is Braden O'Leary 630-208-0720 • These aerators require a concrete pad to sit on which we do not currently have and would not want to build one until we were sure of the location of the aerator. This also restricts the ability of the aerator to be moved to other locations within the pond or to other ponds. • Operate at the bottom of the pond requiring operators to pull the equipment to the surface from a boat in order to perform maintenance. Recommendation. Staff recommends that the City of Pasco sole source the purchase of a Titus Industrial Group, Inc., DO2E Floating Aerator for the PWRF. 0 Page 3 AGENDA REPORT FOR: City Council February 10, 2015 TO: Dave Zabell, City Manage Regular Meeting.: 2/17/15 Rick White, Community & Economic Development Director FROM: Shane O'Neill, Planner I SUBJECT: STREET VACATION (MF# VAC 2015-003) Kurtzman Alley Vacation Plan I. REFERENCE(S): 1. Kurtzman Alley Vacation - Overview Map 2. Kurtzman Alley Vacation - Vicinity Map 3. Kurtzman Alley Vacation - Proposed Resolution H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/17: MOTION: I move to approve Resolution No.,3&iE setting 7:00 P.M., Monday, March 16, 2015, as the time and date to conduct a public hearing to consider vacating alleys in Kurtzman's Addition. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The Kurtzman's First Addition and Acre Park Addition neighborhoods were platted in the early 1900's with 20 foot wide alleys, many of which were never improved to provide access to the rear of properties. Many years ago portions of the alleys north of Alton Street were vacated, leaving behind 10 foot wide alleys. To address the issue of illegal refuse dumping Staff has developed a plan to vacate some of the neighborhood alleys. B. In June, 2014 the Planning Commission reviewed Staff s proposal to initiate the planning process for the area -wide vacation plan. The Planning Commission supported the Plans' intent and recommended staff proceed with the necessary planning efforts. C. Staff has conducted two neighborhood meetings whereby affected property owners were directly notified. Comments received during the meetings together with phone conversations with property owners indicated general support of the plan to vacate certain alleys. D. State law requires the City Council to fix a public hearing to consider the vacation request providing the statutory 20 -day hearing notice. Staff requests City Council hold a public hearing on March 16, 2015 to provide time to discuss the item during the March 9, 2015 Workshop Meeting. 3(f) allu6 Overview Item: Kurtzman Alley Vacation Plan Map Applicant: City of Pasco � File #:VAC 2015-003 ,N 991`1_$$- ViCirli , Item: Kurtzman Alley Vacation Plan Map Applicant: City of Pasco x File #:VAC 2015-003 0' y= 4I r ii�#f - ' S1 yy � RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING ALLEYS IN BLOCKS 1, 2 AND 3 OF ACRE PARK ADDITION & IN BLOCKS 3, 5 AND 12 OF KURTZMAN'S FIRST ADDITION 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 north/south alleys in Blocks 1,2 & 3 Acre Park Addition and Blocks 3, 5 & 12 Kurtzman's First Addition will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 16, 2015. 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 17th day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Exhibit Item: Kurtzman Alley Vacation Plan f i r Applicant: City of Pasco N File #:VAC 2015-003 It A It 0' WARM AGENDA REPORT FOR: City Council February 10, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 2/17/15 Rick White, �...f Community & Economic Development Director V FROM: David I. McDonald, City Planner SUBJECT: EASEMENT VACATION (MF# VAC 2015-004) Lots 7 Columbia East # 2 I. REFERENCE(S): 1. Easement Vacation, Lot 7, Columbia East # 2 - Overview Map 2. Easement Vacation, Lot 7, Columbia East # 2 - Vicinity Map 3. Easement Vacation, Lot 7, Columbia East # 2 - Proposed Resolution 4. Easement Vacation, Lot 7, Columbia East # 2 - Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: �.J 2/17: MOTION: I move to approve Resolution No. ;�O, setting 7:00 P.M., Monday, March 16, 2015, as the time and date to conduct a public hearing to consider vacating the utility easement through Lot 7, Columbia East # 2. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Late last year the owner of Jim's Pacific Garage applied for a building permit to construct a large three sided shed on his property at 2708 North Commercial Avenue. During the plan review process it was learned the property was encumbered by two utility easements. One easement ran through the main Pacific Garage building and the other easement was located along the western and southern edges of the property and prohibited the issuance of a permit for the new building. On February 2, 2015 the easement through the garage building was vacated by the Council. B. The second easement along the outer edges of the property could not be vacated without a replacement easement being provided. The owner has now provided a replacement easement and has applied for the vacation of the easement prohibiting his building project. The replacement easement will be present to the Council at the March 16, 2015 meeting to be accepted in conjunction with the vacation of the easement along the outer edges of Lot 7. C. The owner of Jim's Pacific Garage has submitted the necessary petition to initiate the vacation process for the easement holding back the construction project. D. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20 -day hearing notice, is March 16, 2015. 3(g) rum P.t RESOLUTION NO. ,Pav A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING THE UTILITY EASEMENT ON LOT 7, COLUMBIA EAST # 2. 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 easements and 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 utility easement on Lot 7, Columbia East # 2, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 16, 2015. 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 17`h day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney CITY OF laSCO STREET/ALLEY VACATION PETITION FEE $200 L MASTER FILE #A� , 2015 DATE SUBMITTED: .Z X01 I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Jk tj t-:3 L 1410 A, L? Sign Name: Address: g E bS w. 17 p A u a T ).)AS c o t� Phone # J -O7 -s -44-j'113 Date 2 -GEIS Print Name: Sign Name --/—: m,'_ 1 ! 16t;21;/ Date �^ Print Name: Sign Name: Date AGENDA REPORT FOR: City Council - January 28, 2015 TO: Dave Zabell, City Manage Workshop Mtg.:2/9/15 Regular Mtg.: 2/17/15 FROM: Rick Terway, Director, Adminis e & Community Services SUBJECT: Recreation Facility Rental Fee Authority I. REFERENCE(S): 1. Recreation Facility Rental — Proposed Ordinance Il. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: Discussion 2/17: MOTION: I move to adopt Ordinance No. amending PMC 3.07.040, Recreation Facility Rental, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) Fees for recreation facilities have historically been established by Ordinance or Resolution, which lacks the flexibility necessary to modify fees necessitated by changing costs and conditions. B) Fees may be more economically and efficiently established by the City Manager or designee, based upon an established criteria which is list in the attached ordinance. C) Clearer administrative authorization for the establishment of the fees and their criteria for determination are beneficial to the citizens as rates can be adjusted more quickly and efficiently. New or unique uses of facilities can also be undertaken with the flexibility to change fees according to the needs of the program or event. V. DISCUSSION: A) Staff proposes the City Manager or designee have the authority to set recreation facility rental fees and charges based on operational and maintenance costs, fees charged by nearby jurisdictions and recreation market trends. B) Staff recommends approval of the proposed Ordinance. 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending PMC 3.07.040 "Recreation Facility Rental" WHEREAS, fees for the City recreation facilities have historically been established by Ordinance and/or Resolution which lack the flexibility necessary to modify fees necessitated by changing costs and conditions. Such fees may be more economically and efficiently established by the City Manager, or designee, based upon an established criteria; and WHEREAS, clearer administrative authorization for the establishment of recreation facility fees and their criteria for determination is beneficial to both the citizens and the administration of the City of Pasco; and WHEREAS, it is in the best interest of the City that facility rental fees and charges be set by the City Manager or designee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.040 of the Pasco Municipal Code entitled "Recreation Facility Rental' shall be and hereby is amended and shall read as follows: 3.07.040 RECREATION FACILITY RENTAL. The City reefeation foeikfies, inchiding Manager, or designee, is hereby authorized to set the rental fees and charges for pools, buildings, rooms, parks, fields and shelters, available for rental to the public shall be estAlished amended based upon: A) The operational and maintenance costs and demands for such facility B) The fees and charges for similar facilities charged by other nearby jurisdictions• C) Recreation market trends: and D) Facilities rental rates shall be reviewed annually by the City Council Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT NO.5 FOR: City Council February 11, 2015 TO: Dave Zabell, City Manager Ahmad Qayoumi, Public Work irector FROM: Kent McCue, Construction Manager 4M Regular Mtg.: 2/17/15 SUBJECT: Bid Award: 2015 Crack Seal, Project #M3 -OV -3R-15-02 I. REFERENCE(S): 1. 2015 Crack Seal - Vicinity Map 2. 2015 Crack Seal - Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/17: MOTION: I move to award the low bid for the 2015 Crack Seal project, to include the base bid and Alternates A - F, to Stripe Rite, Inc. in the amount of $112,670.00, and further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Amount: $112,670.00 Source: Overlay Fund IV. HISTORY AND FACTS BRIEF: A) As part of the City's pavement management program, the City utilizes a number of best management practices to extend the life of the roadway. One of the methods includes crack sealing, which prevents water seepage into the asphalt through cracks. This method has proven itself in extending asphalt life, and the City will continue this practice as part of the program. B) The project involves cleaning, preparing and sealing cracks in the asphalt pavement on various streets throughout the City as shown on the attached map. C) The budgeted amount for the crack sealing is $200,000. D) The project was advertised on January 25, 2015 with the bid opening held on February 10, 2015. V. DISCUSSION: A) On February 10, 2015, the City received five (5) bids for the project. The low bid was received from Stripe Rite, hzc. in the amount of $112,670.00. The second low bid was from BCV, LLC in the amount of $112,800.00. The Engineer's Estimate is $149,500.00. Staff believes the favorable prices for the project were due in -part to the recent decrease in oil prices. B) Staff has reviewed the bid submittal and found no exceptions or irregularities. C) Staff recommends award of the contract to Stripe Rite, Ina in the amount of $112,670.00. 10(a) o-. s, �a i Bon WAS . + C ,<IIII-RI I n. a t�p1 enui..dp�, rr in V- RAE«ull a u. Li�C.�.illllii r^ It a 1 ' i.ma_ tM-° y r / 1/I� 111 ■�rZfl",'-� illll:E�! ,111 .•11E ==��� ��t.=,,� n 1 K-_ Llulk��=� � `�''1■1I1�1� h low f= moo- II LTJ fit v; Iilll IIIIV�Ir I i mil` X11 ul�r 1 t.��e ► 4°L City of Pasco 2015 Crack Seal Project No. M3 -OV -3R-15-02 February 10, 2015 BID SUMMARY Total Engineer's Estimate $1499500.00 1. Stripe Rite $112,670.00 2. BCV $112,800.00 3. Evergreen Asphalt $134,110.00 4. Pavement Surface Control $136,385.00 5. CR Contracting $157,700.00 AGENDA REPORT NO.4 FOR: City Council Ror j February 9, 2015 TO: Dave Zabell, City ManagAhmad Qayoumi, Public ss Director FROM: Kent McCue, Construction Manager Regular Mtg.: 2/17/15 SUBJECT: Bid Award: Richardson Park Pool Demolition, Project #C5 -PK -8A-15-11 I. REFERENCE(S): 1. Richardson Park Pool Demo - Vicinity Map 2. Richardson Park Pool Demo - Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/17: MOTION: I move to award the low bid for the Richardson Park Pool Demolition project to Big D's Construction of Tri -Cities, Inc. in the amount of $84,739.49, and further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Amount: $84,739.49 Source: Community Development Block Grant IV. HISTORY AND FACTS BRIEF: A) This project implements the Council adopted 2015 Capital Improvement Plan. B) The project involves demolition of an existing pool, pool building and associated appurtenances, installation of a basketball court, improvement of the existing irrigation system, and restoration of disturbed areas. C) The project was advertised on January 18 and January 25, 2015 with a bid opening held on February 5, 2015. V. DISCUSSION: A) On February 3, 2015, the City received six (6) bids for the project. The low bid was received from Big D's Construction of Tri -Cities, Inc. in the amount of $84,739.49. Second low bid was from Ray Poland & Sons in the amount of $111,632.66. The Engineer's Estimate is $132,041.31. B) The low bid is $47,301.82 lower than the Engineer's Estimate. We believe the low bid is attributed by good bidding climate (typically January to the end of March) and the contractor is already mobilized on other projects in the City. C) Staff has reviewed the bid submittal and found no exceptions or irregularities. D) Staff recommends award of the contract to Big D's Construction of Tri -Cities, Inc. in the amount of $84,739.49. 10(b) City of Pasco Richardson Park Pool Demolition Project No. C5 -PK -8A-15-11 February 5, 2015 BID SUMMARY Total Engineer's Estimate $132,041.31 1. Big D's Construction $84,739.49 2. Ray Poland & Sons $111,632.66 3. LCR Construction $140,511.02 4. Moreno & Nelson $141,423.22 5. Anderson Environmental $153,985.92 6. Bauder Excavating $155,797.29 AGENDA REPORT NO.3 FOR: City Council February 9, 2015 TO: Dave Zabell, City Manager Abroad Qayoumi, Public Works Director FROM: Kent McCue, Construction Manager Regular Mtg.: 2/17/15 SUBJECT: Bid Award: Memorial Park Upgrades, Project #C5 -PK -8R-14-01 I. REFERENCE(S): 1. Memorial Park Upgrades - Vicinity Map 2. Memorial Park Upgrades - Bid Summary IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/17: MOTION: I move to award the low bid for the Memorial Park Upgrades project, to include the base bid and Alternates 1, 2 and 3, to Moreno & Nelson Construction Corporation in the amount of $106,505.86, and further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Amount: $106,505.86 Source: Community Development Block Grant IV. HISTORY AND FACTS BRIEF: A) This project implements the Council adopted 2015 Capital Improvement Plan. B) The project involves the demolition of three existing block walls at the picnic shelter, temporary shoring as necessary to install new glulam beams and associated appurtenances; installation of new asphalt paths in the park and an ADA ramp on Northl4th Avenue at the bus station; and restoration of disturbed areas with hydro -seed and grass sod. C) The project was advertised on January 18 and January 25, 2015 with a bid opening held on February 3, 2015. V. DISCUSSION: A) On February 3, 2015, the City received five (5) bids for the project. The low bid was received from Nelson & Moreno Construction Corporation in the amount of $106,505.86. Second low bid was from LCR Construction in the amount of $112,433.25. The Engineer's Estimate is $88,772.90. The Engineer's Estimate was accurate for the base bid. However, it did not account for mobilization for the three pathway paving alternates. The contractors' bids incorporated expected mobilization costs into the other bid items, accounting for the resulting cost increases. B) Staff has reviewed the bid submittal and found no exceptions or irregularities. C) Staff recommends award of the contract to Moreno & Nelson Construction Corporation in the amount of $106,505.86. 10(c) City of Pasco Memorial Park Upgrades Project No. C5 -PK -8R-14-01 February 3, 2015 BID SUMMARY Total Engineer's Estimate $88,772.90 1. Moreno & Nelson Construction $106,505.86 2. LCR Construction $112,433.25 3. Booth & Sons $1295202.18 4. KBEC $131,747.00 5. Industrial Constructors $157,603.04