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Home My WebLink About08/21/02 AGENDA FILE 239 4th Street · Bremerton, WA 98337 ° Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA AUGUST 21, 2002 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - August 14, 2002 (#AB02-161) I B. Purchase of Leica Global Positioning System Equipment from Kuker-Ranken, Inc. (#AB02-162) C. Professional Services Agreement with ABSG Consulting for Seismic Upgrade and / Design for Reservoirs 6, 8, and 19 (#AB02-163) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6, MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES A. Public Hearing and Resolution No. 2873, Regarding Recovery of Fees for Removal ')..~ of Vegetation on Listed Properties (#AB02-164) ~'/ B. Public Hearing and Ordinance (First Reading) Amending Title 2 of the Bremerton L~ Municipal Code Relating to Departments and Directors (#AB02-165) C. Public Hearing and Ordinance (First Reading) Vacating a Portion of an Alley Located Between Warren and Park Avenues, and Between 4th and 5th Streets (#AB02-166) 9. ADJOURNMENT OF MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us CITY COUNCIL MEETING AUGUST 21, 2002 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a genera/question...P/ease provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC o Reminder: The next Council Meeting will be on Wednesday, August 28h AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FORAGENDA OF: AUGUST 21, 2002 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- AUGUSl lt4, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: AU6USI 15, 2002 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ENDORSEMENT ['-] INFORMATION [-'--] APPROVED FOR SUBMITTAL BY COUI~CIL PRESIDENT: , MAYOR: c~-~.q, z ~_ ~ ~_~~ ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~] TABLED ['-] APPROVED [--] DISAPPROVED ~] AMENDED ~] DATE: COUNCIL DIRECTIVE: 3A 8. AGENDA BILL NO.: ~&- I(O ~ 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: TAPE #1846 CITY COUNCIL MEETING MINUTES August 14, 2002 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, August 14, 2002, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; Acting Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Roqer Henniqan of Apostolic Life Tabernacle. Council President Arends made the following announcement: (1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference Room to discuss general Council business from 5:00 to 5:30 P.M.; (2) Council will reconvene in the Council Conference Room for a 15-minute Executive Session to "PENDING LITIGATION" per RCW Chapter 42.30.110(1 )(i). CONSENT AGENDA A. Minutes of Meeting - July 31, 2002 (#AB02-153) #0025 M/SICIU (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0060 M/SIC (Younger/McConnell) On August 14, 2002 the Council approved payment for those vouchers included and further described as follows: Check numbers 273404 through 273599; and 273646 through 273826 in the amount of $877,769.09; and Regular Payroll for the pay period ending July 31, 2002 in the amount of $1,145,630.94. Voted in favor of Motion: McConnell, Nygren, Rollman, Younger, Maupin, Short, and Arends Abstention: Olsen Motion carried: 7-Yes; 1-Abstention COUNCIL MEMBER REPORTS Mike Short reported on his attendance at the World Changers Award Ceremony & BBQ, and thanked Marylyn Waibel and Bob & Claudette Tulp for their efforts in organizing this program; reported on his attendance at the Peninsula Regional Transportation Planning Organization meeting last Thursday; and lastly, invited members of the public to attend the next District 8 & 9 Meeting would be held next Thursday, August 22 from 6:30 to 8:00 P.M. to discuss the "$12.9 Million Public Safety Bond" at the Public Works & Utilities Building located at 100 Oyster Bay Avenue. Light refreshments will be served. Will Maupin also attended and enjoyed the Award Ceremony & BBQ for the volunteers of World Changers; and briefed that Council on a meeting he attended with the Kitsap Peninsula Property Owners Association where Randal O'Toole discussed "Why Smart Growth Does Not Work". Eric Younger encouraged the public to attend the District 6 & 7 Neighborhood meeting to discuss the "$12.9 Million Public Safety Bond", and also to receive a brief update on "Code Enforcement" on Thursday, August 15 from 6:30 to 8:00 P.M. in the Curriculum Library of the Bremerton School District Administration Office at 134 N. Marion Avenue. TAPE #1846 City Council Reg. Mtg. Minutes August 14, 2002 Page 2 of 6 Ed Rollman notified the public that he has scheduled a District 4 meeting on Tuesday, August 27 from 7:00 to 8:30 P.m. at the Washington Mutual Building to discuss the "$12.9 Million Public Safety Bond". He also reported that he forwarded several citizen concerns to the appropriate Department Heads to provide their response. Daren N¥.qren discussed the Mayor's participation in a recent "Teen Late Night" at the YMCA; and invited citizens to attend the District 3 meeting on Tuesday, August 20 from 7:00 to 8:30 P.M. at the Manette Senior Center to discuss the "$12.9 Million Public Safety Bond" and to hear a Kitsap Transit presentation on the "Feasibility of Light Rail"; and lastly, he announced that "Manette Fest & BBQ" would be held Saturday, August 24 on East 11th Street near Pete's Jersey Subs. Cecil McConnell had no report this evening. Wayne Olsen reported on the District 1 & 2 meeting held last night with Cecil McConnell at the Sheridan Park Recreation Center to discuss the "$12.9 Million Public Safety Bond", and thanked all those who attended. He then invited the Council President to elaborate on a baseball tournament he attended with her last Saturday... Carol Arends, along with Council Member Wayne Olsen, very much enjoyed participating in award ceremonies as part of the Ali-Star Baseball Tournament at Lions Field on Saturday. This included awarding trophies to players from the PeeWee Ali-Star game, and awarding gold medals to players from the Pony League game. She also enjoyed being invited to throw out the first pitch for the Pony League game! She also reported on her attendance at the World Changers Award Ceremony & BBQ; and was pleased to announce the Callow Avenue CSO Project was coming along. MAYOR CARY BOZEMAN'S REPORT Mayor Cary Bozeman: Distributed copies of the "Mayor's Report to the Community - Our First 120 Days - Actions, New Initiatives and Accomplishments - August 2002" to the Council members; · Brought forward Bob Battin from the Bremerton Central Lions Club, who thanked Elaine Valencia, the Mayor's Executive Assistant, for all of her efforts with the Sister City Kure, Japan Student Exchange program for the past 20 years, He introduced this year's foreign exchange students: Rie Gion, hosted by Debbie & Bill Johnson (currently vacationing out of town in Las Vegas); Yumi Miyashita, hosted by Anita & Kristin Eddings; and Tomomi Kobayakawa, hosted by: Debbie & Bruce Waterbury. All host families were thanked for their generosity in participating in this program. · Jim Spencer, Becky Lorber, and Audrey Forbes were brought forward to introduce several volunteer teens who have participated in the Counselors-In-Training Program; · Thanked Daren Nygren for inviting him to the "Teen Late Night" event at the YMCA: · Was pleased to report that $3.7 million dollars was received by the Puget Sound Regional Council to assist in the completion of the Gateway Project, and thanked Gene Sampley for his efforts; Announced the Concession Agreement for the Bremerton Ice Skating Rink has been signed; · Thanked Wayne & Cecil for hosting the District 1 & 2 meeting to discuss the "Public Safety Bond"; · Referred to the recent articles in the newspaper regarding the Bremerton Bowling Alley (formerly Westpark Bowling Lanes) and provided a brief report on the current status of the project; · Agreements have been reached with the Port of Bremerton for expanding the Marina; · A proclamation was read to proclaim Sunday, August 18, 2002 as "Siblin.qs Day"; and · Thanked Michael & Debra Stephenson for inviting him to participate in a picnic sponsored by Communitas, which is an organization that helps disabled individuals and their families. TAPE #1846 City Council Reg. Mtg. Minutes August 14, 2002 Page 3 of 6 PUBLIC RECOGNITION Allen Shute was pleased with the feedback received from recent meetings held with the Mayor, Police Chief, and City Attorney; asked for a response on his suggestion for a curfew; and asked that his e-mail address be provided allenshute~yahoo.com for citizens who would like to contact him. Carol Atkinson presented the new poster for this year Blackberry Festival which will be held Saturday, August 31 & Sunday, September 1; and discussed several new activities added this year. Jim Hendricks, Bremerton Firefighter, announced the Bremerton Fire Department's 100th Birthday Celebration and related activities as part of the Blackberry Festival this year on Saturday, August 31 from 10:00 A.M. to 8:00 P.M. and Sunday, September 1 from 11:00 A.M. to 7:00 P.M. Scott Rappleye announced a yearbook to commemorate the Bremerton Fire Department's 100th Anniversary was available to members of the public for a cost of $50. Carl Glaser thanked the City for proclaiming August 18 as "Siblings Day"; and congratulated the City on the recent signing of the agreement for the Ice-Skating Rink. Don Larson encouraged members of the Council to attend the "Kitsap Trees Committee" meeting on Tuesday, August 20 at 6:30 P.M. at the Downtown Kitsap Regional Library. Council President Arends pointed out that the Council has a Committee meeting scheduled that evening, so Council attendance at the Kitsap Trees Committee meeting would depend on the length of that meeting. 8A - SALE OF MINOR FOREST PRODUCTS AGREEMENT WITH RAYMOND EVERGREENS (#AB02-'154): Gene Sampley, Public Works & Utility Director, stated that minor forest products consist primarily of evergreen salal and huckleberry brush associated with second growth conifer stands. These products have commercial value and can generate additional revenue to the Water Utility through harvest and sale. Harvest is conducted by hand picking; regulated entry will not have negative impacts to water or forest stand quality. Areas for harvest will be selected by the Forestry Manager. Raymond Evergreens is established in the local area and experienced in the harvest in minor forest products. Sale of minor forest products is expected to generate several thousand dollars per year. Additional benefit will be the potential reduction of unauthorized harvest activity on Water Utility lands. Harvest volume and payment rate will be by industry standards. The 1996 Utility Land Management Plan allows for commercial uses of "the forest resource in support of and within the constraints of source water protection". There were no comments from the public. #1735 M/S/C/U (Maupin/Olsen) Move to authorize the Mayor to enter into agreement for the sale of minor forest products with Raymond Evergreens, Port Orchard, WA. 8B - AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE U.S. NATIONAL PARK SERVICE FOR THE URBAN PARKS & RECREATION RECOVERY (U.P.A.R.R.) GRANT (#AB02-155): Jim Spencer, Parks & Recreation Director, announced that the Bremerton Parks & Recreation Department has been awarded an Urban Parks & Recreation Recovery Grant sponsored by the U.S. National Park Service. The project is for rehabilitation of the Glenn Jarstad Aquatic Center and calls for the removal of existing heating, ventilation, and dehumidification system from the indoor aquatic center and replacing it with a new system to include: Heating & Ventilation, Dehumidification, Operating Controls, and Energy Management. The grant will pay for 70% ($182,280) of the project. The other 30% ($78,120) will be coming from the Community Development Block Grant Revolving Loan Program. The total cost for these upgrades is estimated at $260,400. TAPE #1846 City Council Reg. Mtg. Minutes August 14, 2002 Page 4 of 6 There were no comments from the public. #1855 M/SICIU (Nygren/Rollman) Move to authorize the Mayor to enter into an agreement with the U.S. National Park Service regarding the Urban Parks & Recreation Recovery Grant for funding the rehabilitation activities described for the Glenn Jarstad Aquatic Center. #'1885 MISICIU (Nygren/Olsen) Move to authorize the budget adjustment for this project. 8C - ALLCOATION OF ~78,120 IN CDBG REVOLVING LOAN FUNDS (RLF) AS MATCH FOR URBAN PARKS AND RECREATION RECOVERY (UPARR)GRANT (#AB02-156): Debbie Peavler- Stewart, Administrative Analyst, reiterated that the Bremerton Parks & Recreation Department has been awarded an Urban Parks and Recreation Recovery Grant (UPARR) that is sponsored by the U.S. National Park Service. The grant provides funding for the replacement of the existing heating ventilation, and dehumidification system for the Glenn Jarstad Aquatic Center. The grant pays for 70% of the project ($182,280) and requires the City to match the remaining 30% ($78,120). The Community Development Department recommends reallocating $78,120 from the Community Development Block Grant Revolving Loan program to satisfy the match. This is an eligible use of CDBG funds. CDBG funds are the only federal funds that are allowed as match under the U.P.A.R.R. Grant. There were no comments from the public. #'1945 MISICIU (Nygren/Olsen) Move to approve reallocating $78,120 from the Community Development Block Grant Revolving Loan Program to satisfy the match for the U.P.A.RR. Grant. 8D - BUDGET ADJUSTMENT NO. 02-'15 IMPLEMENTING THE ADDITION OF THE FINANCE AND ECONOMIC DEVELOPMENT DEPARTMENTS; FUNDING A DISCRETIONARY RESERVE ACCOUNT; AND MAKING OTHER CHANGES (#AB02-157): Gary Sexton, Economic Development Director, pointed out that this adjustment adds the Finance and Economic Development Departments, and changes authorized staffing to conform to ordinances recently approved by Council. The adjustment also makes numerous changes to authorized revenues and expenditures which fund a Discretionary Reserve within General Fund. Other changes adjust Block Grant funding of City activities to final allocation, add to General Facilities and Park Maintenance functions as well as other minor adjustments. There were no comments from the public. #2075 M/S/C/U (Short/McConnell) Move to approve Budget Adjustment No. 02-15. 8E - PROFESSIONAL SERVICES AGREEMENT FOR MACLEOD RECKORD (#AB02-'158): Gary Sexton, Economic Development Director, summarized that MacLeod Reckord provides planning and urban design services. This contract is for the development of a Concept Plan and Preliminary Master Planning for the following areas: 1) Park and public areas south of First Street and west of the Ferry Terminal (Maritime Park); 2) Park areas west of Pacific Avenue between Burwell and First Street (PSNS); 3) An underground (ferry egress) tunnel from the Transportation Center to Burwell Street; 4) Waterfront area north of the Ferry Terminal extending to 6th Street; and 5) A corridor extending north from 6th Street to Evergreen Park, across Warren Avenue Bridge, south to East Park, and across the Manette Bridge to Washington Avenue. Eric Youn~er pointed out that the cost for this agreement was not to exceed $40,000. Ed Rollman and Will Maupin provided comments in support of this agreement. There were no comments from the public. #2270 MISICIU (Rollman/McConnell) Move to approve the Professional Services Agreement with MacLeod Reckord. TAPE #1846 City Council Reg. Mtg. Minutes August 14, 2002 Page 5 of 6 9A- PUBLIC HEARING AND RESOLUTION NO. 2871~ CONTINUING MORATORIUM ON OFF- PREMISES SIGNS (#AB02-159): Chris Hugo, Community Development Director, stated that there are no provisions in the code for off-premises signs, defined as signs that advertise a business, profession, product, event, activity, or service that is not related to a use of activity conducted or offered on the premises or at the location where the sign is located. There is a need for an off-premises signs ordinance to protect the public's interest in maintaining the aesthetics of the community, because in many cases these types of signs contribute to visual clutter. In response to this, City Council passed a moratorium on applications for off-premises signs on July 24 to provide up to six (6) months to conduct a public process to create the necessary siting and design standards. The Council action included a commitment to hold a required public hearing on the moratorium within 60 days of passage. There were no comments from the public. #2355 M/S/C/U (McConnell/Olsen) Move to pass Resolution No. 2871 to continue the moratorium on applications for off-premises signs. 9B - PUBLIC HEARING AND RESOLUTION NO. 2872~ CONTINUING MORATORIUM ON APPLICATIONS FOR WIRELESS COMMUNICATIONS FACILITIES (#AB02-160): Chris Hug0, Community Development Director, said that staff has received several applications for wireless communications facilities (towers, antennae) this year. More applications are anticipated. Because there is very little language in the Comprehensive Plan and no standards in the Zoning Code to guide the permitting and site of wireless facilities, it is difficult to regulate these facilities in a consistent manner. In addition, applications that are handled administratively in other jurisdictions must be handled as Special Use Permits in Bremerton due to the City's lack of detailed regulations. There is a need for a wireless communication facilities ordinance, both to give applicants some predictability in the permitting process, and to protect the public's interest in maintaining the aesthetics of the community, because in many cases the public feels that these facilities are unsightly. In response to this need, the Council approved a moratorium on July 24 on applications for wireless communications facilities to provide up to six (6) months to conduct a public process to create the necessary siting and design standards. The Council action included a commitment to hold a required public hearing on the moratorium within 60 days of passage. Michael Laine agreed with the need for a moratorium, but asked if it was possible to make the moratorium less than six months. Mr. Hugo responded that the moratorium could be terminated at any time by Council action, and also could be extended another six months at the conclusion of the first six months. Mr. Lubovich further added that any development regulations passed in response to this issue would automatically terminate the moratorium as it is written today. .Mr. Maupin hoped that the public would recognize this as an opportunity to be involved. #2620 M/S/C/U (Younger/Olsen) Move to pass Resolution No. 2872 to continue the moratorium on applications for wireless facilities. With no further regular business, the Council reconvened in the Council Conference Room at 6:45 P.M. for a 30-minute Executive Session to discuss "PENDING LITIGATION". #2715 M/S/C/U (Rollman/Maupin) Move to authorize the City Attorney to enter into any agreements, stipulations, findings, and/or orders to settle the matter of Kitsap County Central Communications v. City of Bremerton, Kitsap County Superior Court Cause No. 02-2-02131-1, allowing the development of a wireless emergency communications tower of 240 feet plus antenna height of 20 feet at the proposed Gold Mountain site. TAPE #1846 City Council Reg. Mtg. Minutes August 14, 2002 Page 6 of 6 At the conclusion of the Executive Session, the meeting was adjourned at 7:15 P.M. Prepared and Submitted by: LORI SMITH Council Liaison Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CA/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PURCHASE OF LEICA GLOBAL FOR AGENDA OF: August 21, 2002 POSITIONING SYSTEM EQUIPMENT FROM ORIGINATING DEPT: PW&U Engineering Division KUKER-RANKEN, INC. ORIGINATOR: Michael C. Mecham, City Engineer DATE SUBMITTED: August 5, 2002 Director, Public Works/Utilities c A. Leica GPS System Package Quote from City Attorney ~.~.. Kuker-Ranken, Inc. Administrative Services Director '_~--~ .~0~.~ ~'I~ ~. ~.,~- ~, . Justification for Purchase ofLeica RTK GPS Budget & Finance Committee ~ c~ ..... ~ ~.~.~ System Operations Committee ~ f ,,, ,~, "~, - ENDORSE~P ~RMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ ~'\.c0~" ' COUNCIL PRESIDENT c~-r~d. ~,4-t~')c~. ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A complete Leica Global Positioning System (GPS) package is being purchased ~om Kuker-Ranken, Inc. This equipment will greatly improve the Department of Public Work's surveying capability and cost-efficiency. Purchase of the equipment is being funded by the Environmental Protection Agency as part of the grant for the Callow Priority 5 storm sewer separation project. A quote of $52,933.68, including tax, was received fi'om the vendor on May 14, 2002. A "sole-source" justification for the vendor and the equipment is attached. A Leica GPS is being purchased because of its full compatibility with the Department's existing Leica equipment. In addition, this equipment is compatible with systems used by Kitsap County. Kuker-Ranken is the selected vendor because their prices are lower than State contract pricing, and because the company maintains a certified repair facility. The requested action before the City Council is approval of the Purchase Agreement with Kuker-Ranken, Inc. in the amount of $52,933.68 (including sales tax) for Leica GPS Equipment. 8. RECOMMENDATION: The City Council approve the Purchase Agreemem with Kuker-Ranken, Inc. in the amount of $52,933.68 (including sales tax) for Leica GPS Equipment. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ .~ PULLED TABLED __ APPROVED DISAPPROVED COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: ~-- [ {~ '~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Disapproval would result in the equipment not being purchased. This funding opportunity would be lost. Any future purchase of equipment would require use of City funds or a separate grant. 6. IMPACT ON STAFFING~ BUDGETS~ FACll,ITIES~ EQUIPMENT OR OTHER RESOURCES: Stating: No impact Budget: Purchase of the GPS equipment is within the budget for the Callow Priority 5 storm sewer separation project. The purchase is being funded by a grant l~om the U.S. Environmental Protection Agency. Facilities: No impact. 7. RESEARCH SOURCES Justification for the Purchase of Leica RTK GPS Gear We currently own Leica Total Positioning System (TPS) survey equipment and accessories which are directly compatible with the Leica RTK GPS system. This will result in a cost savings to us in that the we will not have to purchase all new accessories to have a fully functioning GPS system. Some of the items which are interchangeable between the two systems are: Batteries & charger systems, optical plummet tdbrachs, tribrach adapters for GPS antennae, data storage medium (PCMClA Flash cards), and heavy duty tdpods. The Leica Total Positioning System (TPS) survey equipment has direct data exchange compatibility with the Leica RTK GPS system via PCMCIA Flash data cards used to store data on both systems. The Leica RTK GPS system provides full support for Leica GSI coding and the Leica Total Positioning System (TPS) coordinate data format. Both Kitsap and Pierce Counties currently own all Leica RTK GPS and TPS systems. This will allow the shadng of the GPS Base Stations and data using this equipment, and to establish a City of Bremerton Base Station, thereby extending the GPS net. The learning curve for the operation of the Leica RTK GPS system and it's application programs will be greatly reduced due to the similarity in functions and screen displays of the Leica Total Positioning System ('i'PS) The prices quoted to us from Kuker-Ranken, Inc. are considerably lower than State contract pdcing. Kuker-Ranken, Inc. maintains a "Leica Certified" repair facility locally for all Leica Total Positioning System (TPS) and GPS equipment. Justification Memo for Leica GPS Gear Page I of I ~ Robe~ Elsen - CityBremertonRTK-3.doc Page 1 KUKER.R~VKEN INC. ¢~o ~z¢ra St. $. W.. Suite "E" MounHa~e Terrace. WA 98043 Seattle (206)622-8365 * Mountlake Terrace (425)771-7776 * Toll Free (800)454-1310 Fax (425)774.-7538 * E-mail twa¥@krinc, net* W'~B w'w'w.krinc.net City of Bremerton May 14, 2002 June 16, 2000 239 4a' Street Bremertom WA 9837 Attn: Bob Elsen Dear Bob, I am pleased to quote the following Leica RTK and Post Processing GPS System 500 package with a Leica Reference Station system as the base receiver. The pack~e is configured with one base and two rover receivers as a single package. Complete GPS System 500 RTK & Post Processing Package, including: 2ea SR530 dual frequency geodetic RTK receiver '~.. $9,370.00ea $18,740.00 2ea AT502 antenna ~ $1007.50ea 2,015.00 2ea Adapter for GPS antenna ~ $97.50ea 195.00 Sea 1.2m antenna cable ~ $39.00ea 195.00 2ea 1.6m antenna cable extension ~ $45.50ea 91.00 2ea GPSS00 Terminal for GPS receiver ~ $975.00ea 1,950.00 2ea Documentation sets for GPS receiver N/C 8ea GEB 121 PRO batteD' ~ $68.25ea 546.00 4ea GKL 122-1 battery charger ~ $276.25ea 1.105.00 2ea 1.Sm battery cable ~ $84.50ea 169.00 2ea SANDISK 32mb Flash PCMCIA card ~ $148.00ea 296.00 2ea Transport cases ~ $149.50ea 299.00 lea PDL Base Station Kit ~ $2,470.50ea 2,470.10 2ea PDL rover radio kit with GUF6 housing 450-470MHZ ~, $I,120.25ea 2,240.50 lea Pro~amming cable for PDL/GUF6 Rover Radio ~ $81.25ea 8t.00 2ea Gainflex antenna for rover radio ~ $22.75ea 45.50 2ea GDF122 optical plummet tribrach @ $321.75ea 643.50 2ea GRT 144 tribrach adapter ~ $84.50ea 169.00 2ea Height hook ~ $143.00ea 286.00 2ea GHT27 holder for GPS500 terminal on pole ~ $65.00ea 130.00 2ea Mini pack for GPS receiver with telescopic rod and arm for antenna ~ $195.00ea 390.00 2ea GHT25 ~ip with circular bubble for pole 5~ $117.00ea 234.00 2ea GLS17 bottom section of pole ~ $65.00ea 130.00 2ea GLS 19 top section of pole @ $65.00ea 130.00 2ea GSTI21-9 Heavy du~ tripods ~ $227.50ea 455.00 Serving: Architects * Engineers * Surveyors * Contractors Since 1928 /o2 Robert Elsen - CityBremertonRTK-3.doc Page 2 ' 2ca RoadPlus Application for SR530 GPS Receiver N/C 2ca Quickslope Application for SR530 GPS Receiver N/C 2ca DTM Stake-Out Application for SR530 Receiver N/C Iea Documentation set and CD for SKI-Pro post processing software ~ $125.00 125.00 lea SKI-Pro license for dual frequency processing ~ $1,750.00 1,750.00 lea SKI-Pro Design and Adjustment option ~, $750.00 750.00 lea SKI-Pro Rinex Import option ~ $250.00 750.00 lea SKI-Pro GIS/CAD Output option ~ $500.00 500.00 lea SKI-Pro Datum and Map option ~ $400.00 400.00 lea RS500 Geodetic Reference Station Kit consisting of: lea RS500 GPS Sensor ~ $6,435.00 6,035.00 lea RS500 Mounting Bracket ~ $120.00 120.00 lea 256 Mbyte ATA Flash PCMCIA Data Card ~ $720.00 720.00 1 ea AT504 Geodetic Choke Ring Antenna ~ $2,700.00 2,700.00 lea Radome for AT504 Antenna ~ $120.00 120.00 lea 40m Antenna Cable ~ $240.00 240.00 lea Serial Data Cable - RS500 Sensor to PC ~ $72.00 72.00 lea AC Power Supply ~ $120.00 120.00 lea ControIStation Software ~ $1,200.00 1,200.00 ! ea User Manual N/C (PC required for this system not supplied) Total Package Price $48,607.60 + tax Also included with this package is a one-week, on site, training course by a Leica certified GPS trainer covering all aspects of GPS surveying from basic theory, to advanced processing techniques. This course can be configured to best suite the needs of your personnel depending on their previous experience, and may be separated into separate courses such as a 3 day basic class and a 2 day advanced class separated by a week or two to allow the students to absorb the data and not be overwhelmed. If you have any questions or need additional information on any of the above, feel free to contact me at any time. Best Regards. Terry L. Way GPS/Surveying Systems Specialist Tway~_~krinc.net_ Serving.- Architects * Engineers * Surveyors * Contractors Since 1928 /3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement - FOR AGENDA OF: August 21, 2002 Seismic Upgrade & Design ORIGINATING DEl'T: Public Works & Utiliti~ Reserviors 6, 8, & 19 ORIGINATOR: Dan Miller, Project Manager~j~/ DATE SUBMITTED: August 5, 2002 2. CLEARANCES: 3. EXHIBITS: (Comment on backifnecessgry) // ') ~ir~e~aUrt~li~: /~(~~/'~~ - Professional Services Agreement City Engineer: City Treasurer: Fiscal & Budget Committee: Operations Committee: ;,~ i' i~X4 ~ ~... ~ E NDO RS E~.M.E~T.__ IN~M.~TION A PPRO VEDB Y CO U NC IL PRESIDENTFO R MAYOR.M-~ COUNCIL PRESIDENT: /._.,~ -~.-~'. _ 4. SUMMARY STATEMENT AND,REQUIREMENT FOR COUNCIL ACTION: As a result of the February 2001 Nisqually Earthquake, the City had a preliminary evaluation performed on the water reservoirs. Reservoirs No. 6, 8, and 19 were identified as having the highest priority for seismic upgrade. This contract will provide final structural evaluation, recommendations, and engineering design to seismically upgrade Reservoirs 6, 8, and 19 within the city's water system. The contract amount to perform these services is $80,440.00. The services shall be performed in two (2) phases; Phase I "Evaluation and Recommendation" in the amount of $21,600.00 and Phase II "Construction Documents" in the amount of $58,840.00. ABSG Consulting, EQE Structural Engineers Division is experienced in water systems locally and world-wide in seismic zones. The requested action before the City Council is approval of the contract with ABSG Consulting, EQE Structural Engineers for design services. 8. RECOMMENDATION: The City Council approve the Professional Services Agreement with ABSG Consulting, EQE Slructural Engineers seismic upgrades to Reservoirs 6, 8, and 19 in the amount of $80,440.00 and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities ENFORCEMENT OFFICIAL: Project Manager EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 02- ~ tO3 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The Reservoirs 6, 8, 19 will remain structurally vulnerable to seismic activity that could severely affect the operations and methods of the City's water conveyance system. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: This project is funded in part by three (3) Hazard Mitigation Grant Program grants, administered by the Federal Emergency Management Administration (FEMA). This project is included in the 2002 budget. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT SEISMIC UPGRADES TO RESERVOIRS 6, 8, & 19 ABSG CONSULTING, EQE STRUCTURAL ENGINEERS Project No. 421 The City of Bremerton ("City") and ABSG Consulting, EQE Structural Engineers ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 11, 2002 including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request that such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed within one hundred sixty (160) calendar days of the execution of this Agreement; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed eighty thousand four hundred forty dollars ($80,440.00). Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B-1 and incorporated herein by this reference. The Consultant shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section II herein before reaching the maximum amount. The Consultant's bill rates shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 1 of 7 1(t9 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities with_in its field of expertise. Consultant and its personnel are independent contractors and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent contractor, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent mount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, and agents harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, official$~'employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/ABSG Consulting, Inc. Seismic Up~ades Reservoirs 6, 8, Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise fi.om or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required pohcies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 3 of 7 ] ~ If, in the City's sole determination, a dispute or claim arises, the City reserves the right to demand and receive a certified copy of all the required insurance policies fi:om the Consultant. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant fi:om third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose' of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Any use or reuse of the documents, data and files created by Consultant for the City on this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. C. Consultant to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to-receive a unified business identifier number from the State of Washington; and/ 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 1...9. Page 4 of 7 [ ~ D. Work Performed at Contractor's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consukant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereaRer specified in writing. City Clerk ABSG Consulting, Inc. 239 Fourth Street 1411 Fourth Avenue Bldg., SuRe 500 Bremerton, WA 98337 Seattle, WA 98101 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: 'The failure of the City to insist upon strict performance of any of the covenants and agreemen(s contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal State, and local laws in performing its obligations under this Agreement. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 5 of 7 M. Choice of Law and Venue: This Agreement shah be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Consultant for Consultant to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a f'mal invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 6 of 7 CITY OF BREMERTON ABSG CONSULTING, INC. Approved as to form: By: Bremerton/ABSG Consulting, Inc. Seismic Upgrades Reservoirs 6, 8, 19 Page 7 of 7 ~oq. EXHIBIT A CITY OF BREMERTON SEISMIC EVALUATION & DESIGN June 11, 2002 SCOPE OF WORK GENERAL DESCRIPTION The purpose of this Contract is for ABSG Consulting, Inc., EQE Structural Engineer Division to provide structural evaluation, recommendations, and engineering design to seismically upgrade Reservoirs 6, 8, and 19. Consultant to provide level of effort consistent with the budget identified in Exhibit B-1 as identified by the following phases: PHASE I- SEISMIC EVALUATION AND RECOMMENDATION A. Consultant to provide field evaluation and hazard assessment of the existing Reservoirs 6, 8, & 19; B. Consultant to provide recommendation as to schematic upgrades for each structure with alternate recommendations for consideration by the City; and C. Consultant to present written report with rough order of magnitude cost estimate based on Consultant's recommendation and/or City selected alternates. PHASE II- DESIGN & CONSTRUCTION DOCUMENTS Based on the results of Phase I and the City's construction funding the following will be considered: A. Consultant to proceed with technical specifications including structural design drawings for public bidding process, based on the selected recommendations or City's selected alternates for all three (3) reservoirs; or B. Consultant to proceed with technical specifications including structural design drawings for public bidding process for the reservoir(s) that are of the highest priority, based on Consultant's Phase I Evaluation and Recommendation. C. Consultant will provide the structural technical specifications in a CSI format and full size set of reproducible drawings to include structural general notes and design details for concrete, cor~drete reinforcement, structural steel, and paint. The City will provide the general requirements for the public bid process. D. Consultant will assist the City during the public bid process in responding to structural design questions, and provide timely clarification to prospective bidders. Page 1 of 1 EXHIBIT B CITY OF BREMERTON SEISMIC UPGRADE EVALUATION & DESIGN COMPENSATION Compensation for Consultant's services under this Contract shall be paid as follows for authorized services performed. Personnel Costs shall be at the hourly billing rates of the personnel listed herein and may be adjusted by the Consultant upon 30 days written notice to the City. For positions and other work not covered by the "billing rates" included herein, direct labor with a multiplier of 2.5 will be utilized to calculate total labor cost inclusive of overhead and profit. Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all previously submitted invoices and shall be computed pursuant to the rates and limitations set forth in Exhibit B-1. The approximate distribution of costs with respect to each Phase is presented in Exhibit B-2. Consultant may adjust the distribution of compensation between individual tasks noted within the Phase to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by the City. City of Bremerton/ABSG Comulting, Inc. Seismic Upgrades Reservoirs 6, 8, & 19 1 IN¥ £E:L ~ EOOEI~E/Z lesodoJd eej §U!llnsuoo ~]¥ l,§pnq le6png leJnlonJl~ ~-g/IglHX:~ p~J!nb,3J se ~[IJnOH qoeloeE) pe]inbeJ se ~pnoH (381 U~le]lS!U!uJpv U~lOnJlSUoo UOlleJlS!UltUpV UOllOn,qsuoo £ eseqd EXHIBIT B-2 CITY OF BREMERTON SEISMIC UPGRADES/STRUCTURAL DESIGN RESERVlORS 6, 8 & 19 CONSULTANT: ABSG CONSULTING I EQE STRUCTURAL ENGINEER DIVISION 1411 FOURTH AVENUE BLDG., SUITE 500 SEATTLE WA 98101 PHASE I EVALUATION & RECOMMEND ABS LABOR RESV. NO. 6 RESV. NO. 8 RESV. NO. 19 SITE VISITS $3,390 $1,130 $1,130 $1,130 HAZARD ASSESSMENT $440 $148 $146 $146 TANK SEISMIC EVALUATION $6,780 $4,140 $1,320 $1,320 TANK SEISMIC SCHEMATIC UPGRADES $7,060 $3,100 $1,980 $1,980 REPORT & ROUGH ESTIMATE $2,660 $888 $886 $886 PRESENTATION MEETING $1,270 $424 $423 $423 PHASE I -SUBTOTAL $2t,600 $9,830 $5,885 $5,885 PHASE II CONSTRUCTION DOCUMENTS PLANS SPECS & ESTIMATES PLANS SPECS & ESTIMATE w/FRICTION DAMPERS $34,600 $34,600 PLANS SPECS & ESTIMATE w/pilings $12,120 $12,120 PLANS SPECS & ESTIMATE wi pilings $12,120 $12,120 PHASE II-SUBTOTAL $58,840 TOTALS PH. I & II SEISMIC UPGRADES $80,440 $44,430 $18,005 $18,005 t~ ,~-~ ~ ~.~!~. ~ ~ CERTIFICATE NUMBER ~ ~.:,=~;t .... ~ NYC 00 406320 00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh HO RIGHTS UFON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1166 Avenue of the Amedcas POLICY. THIS CERTIFICATE DOES NOT AaEND, EXTEND OR ALTER THE COVERAGE New YoR, NY 10036 AFFORDED BY THE POLICIES DESCRIBED HEREIN. Aah: CHRISTINE DOWNING (212) 345-2282 COMPANIES AFFORDING COVERAGE COMPANY A LIBER~ MUTUAL INSURANCE CO INSURED C~PANY ABSG Consulting, Inc. B AMERICAN GUAR & LIAB ABS Pla~ 16855 No~hchase Drive COMPANY Houston, ~ 77060 C N/A COMPANY D THIS IS TO CERTIFY ~AT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO ~E ~SURED NAMED HEREIN FOR ~E POLICY PERIOD INDICA~D. NO~I~STANDING ANY REQUIREMENT, ~RM OR CONDIGN OF ANY CON~ACT OR O~ER DOCUMENT W~ RESPECT TO WHICH ~E CER~FICA~ MAY BE ISSUED OR MAY PERTAIN, ~E INSURANCE AFFORDED BY ~E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ~E TERMS, CONDI~ONS AND EXCLUS~NS OF SUCH POLICIES. LIM~ SHOW N ~Y HAVE ~EEN REDUCED BY PAID C~MS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TY~E OF INSURANCE POLICY NUMBER DA~E {MM/DDIYY) DATE {MM/DDIYY) LIMITS A GENERAL LIABILITY RG2 621 004532 031 11/01/01 11/01/02 GENE~L AGGREGA~ $ 2,000,000 X COMMERCIAL GENERAL LIABILIW PRODUC~-COMP~OP AGG $ 2,000,000 ;;~ I C~IMSMADE ~ OCCUR PERSONAL&ADV"JURY $ INCLUDED ,..~ OWNER'S & CONmACTOR'S PROT EACH ~CURRENCE 1 FIRE DAMAGE (~ one fire) $ 300,000 MED EXP (Any one pemon) $ 10,000 A A~OMOBILE LIABILITY AS1 621 004532 021 11/01/01 11/01/02 COMBINED SINGLE LIM~ $ 1,000,000 X ANY AUTO ALL OWNED A~OS BODILY INJURY SCHEDULED AUTOS (Per pemon) X HIRED AUTOS BOD~Y INJURY X NON~WNED AUTOS (Per acddent) PROPER~ DAMAGE GARAGE LIABILI~ AUTO ONLY- EA ACCIDENT EACH ACCIDENT AGGREGA~ B EXCESS LIABILITY AUG 835536806 11/01/01 11/01/02 EACH OCCURRENCE $ 1,000,000 X "}' UMBREL~ FORM AGGREGA~ $ 1,000,000 I O~ER ~AN UMBREL~ FORM WORKERS COMPENSATION ANO ~ WC STA~- TORY LIMITS ~ EMPLOYERS' LIABILITYI EL EACH ACCIDENT ~E PROPRIETO~ ~ INCL EL DISEASE-POLICY LIMIT PAR~ERS/EXECU~E OFFICERS ARE: EXCL EL DISUSE-EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlSPEClAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) Breme~on project ~421 City of Bremeffon shall be named as an additional insured on CGL as respects work performed by or on behalf of Consultant as per wfi~en contract. City of Bremedon CERTIFICA~ HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH ~TICE SHALL IMPOSE NO OBLIGATION OR 3027 Olympus Dri~ Brem e~on, W A 98310 LIABI[I~ OF ANY KiND UPON ~E ~SURER AFF~DING COVERAGE, I~S AGEN~ OR REPRESENTAT~S ~ARSH USA INC. aY: Joseph DeChiam ~- ~ ;).7 Appendix A - Tank Information RESERVOIR NO ,-6 T.~NK IDENTIFICATION Name: Reservoir No. 6 Location: 5144: Francis Street Tank Type: Elevated Steel (EIIipsoidal) CAPACITY/DIMENSIONS Capacity: 0.15 MG Tank Radius: 16 Feet Tank Height: 129.5 Feet (To top of tank steel) 100.0 Feet (To Iow water line) Maximum Water Depth: 27.0 Feet DESIGN/CONSTRUCTION DATA Date Constructed: 1960 Engineer: Unknown Fabricator: Graver Tank and Manufacturing Company Design Criteria: Unknown ESTIMATED PERFORMANCE (DAMES & MOORE 1997 REPORT) Operating Basis Earthquake: Some structural elements are marginal. Collapse may occur. Design Basis Earthquake: Collapse from brace, foundation and/or anchorage failure expected. - POST-2001 EARTHQUAKE OBSERVATIONS Reservoir No. 6 is an elevated reservoir. The most obvious failure was on the lowest X-braced rod bracing. The 3-inch-plus diameter rod had stretched. There was paint deformation and paint missing where the rod ended the turnbuckle. We scraped and filed threads On this rod and determined that there was no 9isible crack. The first horizontal was inspected from a bucket truck; the l~orizontal had characteristic web crinkling at mid-span on the lower part, and the paint was missing mid-span on the top side, indicating buckling upward of this horizontal member. Likewise, the southwest vertical had slight bowing due to its compression, forming some elephant-foot-type buckling. The sagging rod may be due to the shortening of the one column and buckling of the lowest horizontal. It may also be due to stretching of the rod itself as evidenced by the loose point at the turnbuckle and one rod sagging more than its partner. RESERVOIR NO. 6 SOURCES & USES OF FUNDS SOURCES OF FUNDS FEMA Funds $275,000 TOTAL SOURCES ..................................................................................... $275,000 USES OF FUNDS Estimated Mitigation Costs DESIGN / CONSULTANT~ ABSG Consuttants/EQE Structural Eng. $30,000 no friction dampers EST. DESIGN I CONSULTANT COST $30,000 CONSTRUCTION ESTIMATE Mobilize Crane & Equipment $20,000 Straiten X-Braces $4,000 Strenghten X-Braces $24,000 Tighten & Torque $6,000 Paint $35,000 OH & Profit @ 22% $20,000 Markup @ 15% $16,300 W.S.S.T. @ 8.5% $10,700 CONSTRUCTION EST. $136,000 ANCILLARY COST Description BUDGET Printing Plans & Specs $500 Advertisements $700 Material Testing $1,200 Project Management $6,500 TOTAL ANCILLARY COST $8,900 CONTINGENCY: (lo% of Est. Lump Sum Costl $8,900 ESTIMATED TOTAL USES OF FUNDS .......................................................... $183,800 say .........................$185,000 Appendix A - Tank Information TANK IDENTIFICATION Name: Reservoir bio. 8 Location: 7300 Werner Road Tank T~vpe: Ground-Supported, Welded Steel CAPACITY/DIMENSIONS Capacity.: 2.54 MG Tank Radius: 40.5 Feet Tank Height: 66.5 Feet Maximum Water Depth: 66.5 Feet DESIGN/CONSTRUCTION DATA Constructed: 1973, reservoir was raised in 1981 Date Engineer: Unknown Fabricator: Unknown Design Criteria: Unknown ESTIMATED PERFORMANCE {DAMES & MOORE 1997 REPORT) Operating Basis Earthquake: Si~m~ificant damage to tank and tank overflow possible. Loss of functionality is possible. Design Basis Earthquake: Tank would likely be heavily damaged and would not be functional. POST-2001 EARTHQUAKE OBSERVATIONS Reservoir No. 8 had a very sli~t bow at the base, approximately 1/16 inch in 12 inches. This could be due to the increased diameter due to water pressure and not due to seismic action. Slight ,,winkle in the plate overflow pipe. The bottom plate is bent over a spacer used during construction. There is a wrinlde in the seam between the two top courses. 3° Exhibit RESERVOIRS NO. 8 SOURCES & USES OF FUNDS [ SOURCES OF FUNDS I FEMA Funds $221,000 TOTAL SOURCES ...................................................................... $221,00~ USES OF FUNDS Estimated Mitigation Costs DESIGN / CONSULTANT: ABSG Consutants/EQE Structural Eng. $18,005 w/concrete slab EST. DESlGN I CONSULTANT COST $18,005 CONSTRUCTION EST. Lump Sum incl. OH & P & Mark-up $83,000 W.S.S.T. @ 8.5% $7,055 CONSTRUCTION EST, $90,055 ANCILLARY COST Description BUDGET Printing Plans & Specs $500 Advertisements $700 Material Testing $2,500 Project Management $6,500 TOTAL ANCILLARY COST $10,200 CONTINGENCY: (10% of Esfimat~=~d I~ump ,Sum COst) $8,300 ESTIMATED USES OF FUNDS ................................................................... $126,560 say ..................... $130,000 Appendix A - Tank Information RESERVOIR NO. 19 d,~P~r~/~/~ TANK IDENTIFICATION Name: Reservoir No. 19 Location: 2628 Ash Street Tank Type: Ground-Supported, Welded Steel CAPACITY/DIMENSIONS Capacity: 2.0 MO Tank Radius: 48.67 Feet Tank Height: 36.75 Feet Maximum Water Depth: 35.5 Feet DESIGN/CONSTRUCTION DATA Date Constructed: 1979 Engineer: City of Bremerton Fabricator: Reliable Steel Fabricators Design Criteria: Unknown ESTEVIATED PERFORMANCE (DAMES & MOORE 1997 REPORT) Operating Basis Earthquake: Sli~t chance of minor tank roof damage but tank should remain functional. Design Basis Earthquake: Moderate roof damage (warping/bending) is expected and damage to the center column is possible. Tank is expected to remain functional. POST-2001 EARTHQUAKE OBSERVATIONS Reservoir No. 19 had two failed strap anchors. There was some elephant-foot buckling with a curvature of about 1/8 inch in 1 foot. There was some buckling up higher in the second course of plates. A-23 3c:~ ~ Exhibit RESERVOIRS NO. 19 SOURCES & USES OF FUNDS [ SOURCES OF FUNDS J FEMA Funds $204,000 TOTAL SOURCES ...................................................................... $204,000 USES OF FUNDS Estimated Mitigation Costs DESIGN I CONSULTANT: ABSG Consutants/EQE Structural Eng. $18,005 w/concrete slab EST. DESlGN I CONSULTANT COST $18,005 CONSTRUCTION EST.: Lump Sum incl OH & P & Mark-up $101,000 W.S.S.T. @ 8.5% $8,585 CONSTRUCTION EST. $109,000 ANCILLARY COST Description BUDGET Printing Plans & Specs $500 Advertisements $700 Material Testing $2,500 Project Management $6,500 TOTAL ANCILLARY COST $10,200 CONTINGENCY: (10% of EstJm~t,:.'l I. gm~ Sum C0~t) $10,100 ESTIMATED USES OF FUNDS ................................................................... $147,305 say ..................... $t50,000 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: August 21, 2002 Resolution # ,3 873 ....... , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. removal of vegetation on the listed properties. ORIGINATOR: Al Duke DATE SUBMITTED: 2. CLEARANCES~ (Comment ~n b,ack if 3. EXHIBITS: Fire Chief:. i~ (~-~%~"~ 1. Resolution # ~. ~ ].5 Ci~ Clerk....--~. ~'~. c(~ ~.~,~-.-~ t 2. Prope~ Identification Ci~ At~ .~-~ ~,~:~.~ List (Exhibit A) ~- ~~- 3. Photos 4. S~MMARY STATEMENT AND ~QUIREMENT FOR COUNCIL ACTION: Ordinance ~84 deelare~ tha~ it ~ ~nl~! and a nni~nee ~o allow, ~onfinne, or mainmi~ gra~ and we,~ ex~ing ~elve 02) in~h~ i~ height, ~hr~b~ brmh, ~ne~ or tree~ which ~on~fi~te a fire hazard or prodde a harborage for rat~, r~ent~ or ho~i~nl~ral ~ or no~on~ and po~ono~ pla~ts. ~e li~ted prope~ie~ are ~nrrently in ~olafion of the ordinance and pnr~nsm to ~flon 9.14 of ~he Breme~o~ ~ieipal C~e. The l~al reqffirem~ for notice were met. Con,eft i~ a~k~ to approve the rem~al of the ~nisa~ee ve~O~ on the prope~ and eolleeOo~ of the em~ i~nrr~ by ~r~nai j~dgmem agai~,t th~ o~er a~d a lien against the pro~. RECOMMENDATION: I move that Council pass Resolution # ,~_~: '7-7, ordering that the nuisance vegetation on the properties identified by the attached listing be removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the property. 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENt~ ' COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Ordinance #4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, E(~UIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION # ~ ~ 7% A RESOLUTION of the City Council of the City of Bremerton, Washington, approving nuisance vegetation abatement on the properties listed in Exhibit A and determining means of collection of costs incurred for its removal. WHEREAS, the City of Bremerton passed ordinance #4584 in February of 1997, which declares certain vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and WHEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the property owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections filed; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That thc vegetation shown to exist on thc properties listed in Exhibit A attached hereto and incorporated herein is hereby declared to bca nuisance. SECTION 2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the property owner and filing a lien against the property. SECTION3. Severabili~.. If any one or more sections, subsections or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED, by the City Council of the City of Bremerton this day of , 20 CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk EXHIBIT A WEED ABATEMENT LISTING AUGUST 21, 2002 600 Block Dora Avenue Robert and Judith Larsen 31925 NW 100th St. Carnation, WA 98014 2. 328 S. Hartford Avenue Roger Heinselman 328 S. Hartford Avenue Bremerton, WA 98312 3. 2102 N. Lafayette Avenue Kelly Thayer 4010 Harbel Drive Bremerton, WA 98310-4778 4. 2530 N. Lafayette Avenue John H. Page 6102 Reid Dr. NW Gig Harbor, WA 98335 5. 1105 Lower Marine Drive GN Mortgage Corp. P.O. Box 23046 Milwaukee, WI 53223-0046 6. 636 Pleasant Brooks/Kathleen Caldwell 12233 Ashworth Avenue N53 Seattle, WA 98133 7. Lot 184 Valley Drive Salem Towne Rick Towne 1131 NW Sherman Hill Road Poulsbo, WA 98370 8. 2006 - 8th Street Countrywide Home Loans, Inc. 400 Countrywide Way Simi Valley, CA 93065 AGENDA BILL '~ 3 .~ t/,~ff BREMERTON CITY COUNCIL ~q~ ~q' ~ 1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: 4u4ydO; 2002 and~,,,y ,,, 12002 ORDINANCE AMENDING TITLE 2 OF THE ORIGINATING DEPT: City Attorney BMC RELATING TO DEPARTMENTS AND ORIGINATOR: Roger A. Lubovich DIRECTORS DATE SUBMITTED: June 14, 2002 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ORDINANCE R0! t~R A. LI.}BOVICH, City Attorney~ FISCAL fi[BUDGET CHAIRMAN CAROL S.'CONLEY, Hurnap/-~ources Director OPERATIONS CHAIRMAN APPROVED FOR SUBMITTAL: ENDORSE~T ~]; ~ ..~~ ORMATION [-] ~ , MAYOR ~"~c] -'"'"-COUNCIL PRESIDENT~;JZ~/~ ~,:~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An ordinance amending Title 2 of the Bremerton Municipal Code revising and updating the provisions relating to city departments and directors. The proposed ordinance adds chapters to Title 2 relating to the Fire Department and Parks and Recreation Department; and, further amends chapters within Title 2 relating to the appointment, confirmation and duties of department directors. 8. RECOMMENDATION: Move to approve the attached ordinance on first reading. Move to pass Ordinance No. __ on the second reading. 9. RESPONSIBLE OFFICIAL: Roger A. Lubovich ENFORCEMENT OFFICIAL: Roger A. Lubovich EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED ["-] TABLED [--] APPROVED [] DISAPPROVED [] AMEND~'~] ~ll~FE: COUNCIL DIRECTIVE: O 11. AGENDA BILL NO.: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: ATTOIIIIEY Memorandum Privileged and Confidential TO.' City Council I~m-. Roger A. Lubovich, City Attome~ --~~~.~ BO: Proposed Ordinance Relating to Departfiaents and Directors O~dl: July 29, 2002 Recently, the City Council considered the proposed ordinance at its Committee meeting. The following draft is in response to that meeting. Changes to the ordinance include the following: 1. Section 2.05.020(c) on page 4 was added relating to the removal of the City Attorney pursuant to the provisions of the City Charter. 2. It was suggested that similar language be added relating to the City Auditor since the Auditor reports to the Audit Committee. It is my understanding that there was consideration of making the City Auditor a department director, however, this is currently not the case. Since Chapter 2.05 deals with department directors, a provision relating to the City Auditor is not applicable. 3. Provisional appointments to a department director's position as set forth in Section 2.05.020(a) on page 3 has been reduced from 180 days to 120 days to be consistent with the provisional appointment for civil service appointments. 4. Rather than repealing the provisions of Chapter 2.49, with the exception of Section 060, which was proposed to be recodified under Chapter 2.50 relating to exempt employee compensation, the current ordinance repeals all of Chapter 2.49 and amends Section 2.50.090 relating to severance as set forth in Section 2 of the ordinance on page 2. The amendment clarifies that certain employees are subject to removal by the City Charter or civil service and, therefore, may not be removed "at will." 5. There was discussion of removal of fees for impoundment of dogs and cats as set forth in Rate Table D (Section 3.01.050 on page 14) due to the new animal control contract. This was recently removed from the Code with the adoption of the animal control ordinance and, therefore, has been removed from the current rate table in the proposed ordinance. MEMORANDUM: (Departments and Directors) July 29, 2002 Page: 2 6. A question arose as to the Fire Chiefs serving as the Fire Marshal under the Charter. Section 2.16.020 on page 10 of the ordinance does provide that the Fire Chief shall also serve as Fire Marshal pursuant to the Charter. I contacted Chief A1 Duke regarding this issue and he informed me that he is the Fire Marshal and that a deputy fire marshal that reports to him. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain chapters of Title 2 and Chapter 3.01 of the Bremerton Municipal Code, revising and updating the provisions relating to city departments and department directors by adding a new chapter, Chapter 2.05 entitled "Departments and Directors;" revising and updating provisions relating to the appointment, confirmation and duties of department directors; adding a new chapter, Chapter 2.16 entitled "Fire Department;" adding a new chapter, Chapter 2.17 entitled "Parks and Recreation Department;" amending Chapter 2.10 relating to the Department of Public Works and Utilities; amending Chapter 2.15 relating to the Department of Building and Planning; amending Chapter 2.22 relating to the Department of Personnel; amending Chapter 2.34 relating to the Police Department; repealing Chapter 2.49 and amending Section 2.50.090 relating to management and professional employees and the appointment and confirmation of certain employees; and amending Section 3.01.050 and Rate Table D consolidating rates and fees removed from Chapter 2.34 with other police department rates and fees in Chapter 3.01. WHEREAS, the City Council desires to define and clarify the duties and the appointing authority of department directors; and WHEREAS, the City Council finds that some city departments are not property identified in the city code and, therefore, desires to create new chapters of the Bremerton Municipal Code entitled "Departments and Directors," "Fire Department," and "Parks and Recreation Department in order to properly clarify the duties and the appointing authority of department directors;" and WHEREAS, the City Council desires to amend Chapters 2.10, 2.15, 2.22, 2.34, and Section 3.01.050, including Rate Table D of the Bremerton Municipal Code relating to the Department of Public Works and Utilities, Department of Building and Planning, Department of Personnel, and Police Department in order to further clarify the 1 Departments and Directors structure of city government and to revise and update these provisions relating to these departments and their directors; and WHEREAS, the update provided in this ordinance results in duplication of code provisions, which are properly covered in other provisions of the city code including the provisions of this ordinance, as well as inconsistency of provisions which relate to confirmation of appointees, therefore, the City Council desires to repeal Chapter 2.49 and amend Chapter 2.50 relating to management and professional employees and confirmation of certain employees; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.49 of the Bremerton Municipal Code entitled "Nonunion Management Personnel" is hereby repealed in its entirety. SECTION 2. Section 2.50.090 of the Bremerton Municipal Code entitled "Severance Pay" is hereby amended to read as follows: Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, aA manager or professional staff member may be separated from employment without cause ("at will") from a position included in this Program upon receiving thirty (30) calendar days written notice of separation or pay in lieu of all or part of said notice. A person so separated shall not have the right to displace any other person employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as follows: through 2 full years of employment, 2 months severance pay through 5 full years of employment, 2.5 months severance pay over 5 years of employment, 3 months severance pay Departments and Directors SECTION 3. A new chapter, Chapter 2.05, is hereby added to the Bremerton Municipal Code entitled "Departments and Directors" to read as follows: Chapter 2.05 DEPARTMENTS AND DIRECTORS 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Ch. 2.06 Office of the City Attorney Ch. 2.07 Economic Development Department Ch. 2.08 Administrative Services Department Ch. 2.09 Finance Department Ch. 2.10 Department of Public Works and Utilities Ch. 2.15 Department of Community Development Ch. 2.16 Fire Department Ch. 2.17 Parks and Recreation Department Ch. 2.22 Human Resources Department Ch. 2.34 Police Department 2.05.020 APPOINTMENT AND CONFIRMATION OF DEPARTMENT DIRECTORS. (a) Mayoral appointments of department directors shall be subject to confirmation by the City Council. Prior to an appointment to a newly created department director's position or prior to confirmation of an appointment to a vacancy of department director's position, a job .~or the position shall be submitted to the City Council for review and approval as requested. The appointment and confirmation shall be to the terms and conditions as approved by the City Council The Mayor may make provisionalPUrsuant appointments to fill the vacancy of a department director. No provisional appointment(s) to a non-civil service department director's position shall extend beyond one hundred twenty (120) days from the date of original appointment without the consent of the City Council. Provisional appointments to a civil service department director's position shall be made pursuant to civil service rules. 3 Departments and Directors (b) The appointees, when confirmed, shall serve as "at will" employees subject to termination by the Mayor without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. (c) Pursuant to the City Charter, the City Attorney may be removed by the Mayor with the concurrence of a majority of the City Council sitting as a whole, or by the City Council alone, provided that removal by the City Council alone shall require a 2/3ra vote of the entire City Council. SECTION 4. Chapter 2.10 of the Bremerton Municipal Code entitled "Department of Public Works and Utilities" is hereby amended to read as follows: Chapter 2.10 DEPARTMENT OF PUBLIC WORKS AND UTILITIES 2.10.010 DEPARMENT ESTA~L!SHEDCREATED. created the Dep~ment of Public Works and Utilities. The depaament sh~l be supe~ised by the Director of Public Works and Utilities who shall se~e as its director, who shall have complete ch~ge of all of the work of the depaament, and who sh~l be responsible for hiring ~d supe~ising employees of the dep~ment. 2.10.020 DIRECTOR OF PUBLIC WORKS - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Director of Public Works and Utilities. The Director or Public Works and Utilities shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.10.030 DUTIES. The Director of Public Works shall provide for the operation, maintenance and administration of engineering, streets and public works, capital projects, facilities, equipment Departments and Directors services, and municipal utilities owned or acquired by the City including, but not limited to the following: (a) Establish and maintain centralized public works and utilities including business operations, customer service and billing, capital projects management, property management and facilities maintenance. (b) Manage public works and utilities engineering projects, including field surveys, grant .applications, financing, drawings and specifications, permitting, inspections, construction project and contract management and records management. (c) Manage public works field operations including construction and maintenance of streets, electronic communications equipment, traffic signs and signals and street lighting programs. (d) Manage utility operations including construction and maintenance work on sanitary, storm, and water distribution and collection infrastructure and systems, meter reading, installation and repair services and First Response customer service program. (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, including operation and maintenance of water delivery systems, storage and supply resources. (f) Manage wastewater pretreatment, treatment, sanitary systems maintenance and operations. (g) Manage watershed operations including forest management and wastewater solids programs. (h) Manage all aspects of fleet maintenance and equipment services. The Director of Public Works shall perform such other duties as the City Council or Mayor may direct or as may be required by law. Departments and Directors Departments and Directors SECTION 5. Chapter 2.15 of the Bremerton Municipal Code entitled "Department of Building and Planning" is hereby amended to read as follows: Chapter 2.15 DT A NJI~.TTN~TITM DEPARTMENT OF BUILDING AND ............ COMMUNITY DEVELOPMENT 2.15.010 DEPARTMENT CREATED. There is hereby created the Department of ~";'~; .... ~ ?!anningCommunit¥ Development to be administered by the Director of n,,;~: .... ~ m~,,;,. · ........ ~ .............. ~Commumty Departments and Directors 2.15.020 DIRECTOR OF COMMUNITY DEVELOPMENT - POSITION CREATED AND APPOINTMENT. There is hereby created the position know as the Director of Community Development. The Director of Community Development shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.15.030 DUTIES· The Director of Community Development shall provide for the operation and administration of the building and planning functions for the City including, but not limited to: (a) Processing and issuance of development permits. (b) Long Range Planning, preparation of Comprehensive Plan amendments, and development of land use regulations. (c) Current planning, providing permit processing, land use compliance and enforcement including environmental and shoreline review. (d) Administration of federal community development grant funds and development of resources and policies for other community development projects in the areas of housing, economic development, public facilities, and social service projects. The Director of Community Development shall perform such other duties as the City Council or Mayor may direct or as may be required by law. Departments and Directors 2.15.025040 COMMUNITY EMPOWERMENT ZONE ADMINISTRATOR. The City of Bremerton hereby designates the Director of Community Development, or the Director's designee, as the Community Empowerment Zone Administrator for the ~ea designated as a Community Empowerment Zone within the jurisdiction of the City of Bremerton. This designation is in fulfillment of the requirements of RCW 43.31C.070. 2.15.0-30050 REFERENCE. Throughout this code any reference to Department of t- ...... ;,., r, .... , ....., · · ............ .~ ...... r ....... Bufldtng and Planning or Director of r,...... ;'11 ~ .... 1 ..... * ' ' ............ ., ...... v ....... Building and Planning shall be interpreted to mean Department of n..:,.~: .... .~ m~..:~ · ........ 6 ............. 6Commumty Development and Director of D1 r},.:,.4: .... '~..ann~ngCommunity Development. SECTION 6. A new chapter, Chapter 2.16, is hereby added to the Bremerton Municipal Code entitled "Fire Department" to read as follows: Departments and Directors Chapter 2.16 HRE DEPARTMENT 2.16.010 DEPARTMENT CREATED. There is hereby created the Fire Department for the purposes of performing fire suppression, emergency medical response, and fire prevention and inspection services for the City. The department shall be supervised by the Fire Chief who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.16.020 FIRE CHIEF - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Fire Chief who, pursuant to the City Charter shall serve as Fire Marshal for the City. Pursuant to the City Charter, the position of Fire Chief shall be subject to the City's civil service system. The Fire Chief shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Fire Chief shall be subject to the City's civil service roles and regulations relating to demotion and termination. 2.16.030 DUTIES. It shall be the duty of the Fire Chief to provide for the operation and administration of fire suppression, emergency medical services, and fire prevention and inspection functions for the City. The Fire Chief shall also serve as the Emergency Manager for the City. The Fire Chief shall perform such other duties as the City Council or Mayor may direct or as may be required by law. SECTION 7. A new chapter, Chapter 2.17, is hereby added to the Bremerton Municipal Code entitled "Parks and Recreation Department" to read as follows: 10 Departments and Directors Chapter 2.17 PARKS AND RECREATION DEPARTMENT 2.17.010 DEPARTMENT CREATED. There is hereby created the Parks and Recreation Department for the purpose of performing parks and recreation services for the City. The department shall be supervised by the parks director who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.17.020 PARKS DIRECTOR- POSTION CREATED AND APPOINTMENT. There is hereby created the position known as Parks Director. The Parks Director shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.17.030 DUTIES. It shall be the duty of the parks director to provide for the proper maintenance and operation of public parks, playgrounds, recreational and golf course facilities, and Ivy Green Cemetery; and to provide recreational programs on behalf of the City. The Parks Director shall perform such other duties as the City Council or Mayor may direct or as may be required by law. SECTION & Chapter 2.22 of the Bremerton Municipal Code entitled "Department of Personnel" is hereby amended to read as follows: Chapter 2.22 HUMAN RESOURCES DEPARTMENT OF PERSONNEL 2.22.010 DEPARTMENT CREATED. There is created the Human Resource Department-ogg~r~m~ administered by the Human Resources Mamag~Director. The position of Human Resources Mamager-Director is 11 Departments and Directors appointed by the Mayor '~nd subject to Council confirmation. 2.22.020 HUMAN RESOURCES DIRECTOR - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Human Resources Director. The Human Resources Director shall be appointed by the Mayor, subject to confirmation of the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. 2.22 ....030 DUTIES. The Human resources Director ~ shall be responsible to ~ ~ ~'~" .... ;'~'~ (a) Advise City administrators on professional personnel management practices including performance evaluations and employee relations. (b) Support City labor negotiator and negotiations advisory team. (c) Conduct employee training and counseling. (d) Administer employee benefit programs. (e) Maintain personnel records. (f) Perform annual and special salary surveys. (g) Serve as liaison between the administration and Civil Service Commission. (h) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Director shall perform such other duties as the City Council or Mayor may direct or as may be required by law. 2.22.040 REFERENCE. Throughout this code any reference to the Department of Personnel or Director of Personnel shall be interpreted to mean Human Resources Department and Director of Human Resources. 12 w-t~ Departments and Directors SECTION 9. Chapter 2.34 of the Bremerton Municipal Code entitled "Police Department" is hereby amended to read as follows: Chapter 2.3419 POLICE DEPARTMENT 2.19.010 DEPARTMENT CREATED. There is hereby created the City Police Department. The department shall be supervised by the Chief of Police who shall serve as its director, who shall have complete charge of all of the work of the department, and who shall be responsible for hiring and supervising employees of the department. 2.19.020 CHIEF OF POLICE - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Chief of Police. Pursuant to the City Charter, the position of Chief of Police shall be subject to the City's civil service system. The Chief of Police shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Chief of Police shall be subiect to the City's civil service rules and regulations relating to demotion and termination. 2.19.030 DUTIES. The Chief of Police shall be the chief police officer of the city responsible for maintaining the peace of the city. The Chief of Police shall have the responsibility for the appointment, removal and suspension of employees of the department subject to the city's civil service rules and regulations, the city's personnel policies, and labor agreements. The chief shall be responsible for the management of the police department and the administration of the department's budget as authorized and directed by the City Council and the Mayor. The Chief of Police shall perform such other duties as the City Council or Mayor may direct or as may be required by law. 13 TO Departments and Directors SECTION 10. Section 3.01.050 of the Bremerton Municipal Code entitled "Police Department - Rate Table D" is hereby amended to consolidate fees for service removed from Chapter 2.34 with other Police Department fees as follows: 3.01.050 POLICE DEPARTMENT - RATE TABLE D. Traffic Accident Reports Fingerprints Criminal History Check Verification Letter for Lost or Stolen Property Photo Prints Licenses for Dogs and Cats Alarm Compliance Fee Service Fee for Anti-Harassment Order Service of Arrest Warrants and Subpoenas SECTION 11. Rate Table of Chapter 3.01 of the Bremerton Municipal Code is hereby amended to consolidate fees for service removed from Chapter 2.34 with other Police Department fees as set forth in Exhibit A attached hereto. 14 f Departments and Directors SECTION 12. Severabilit~. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 13. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2002 EFFECTIVE the day of ,2002 ORDINANCE NO. 15 t Departments and Directors POLICE DEPARTMENT- RATE TABLE D All Rates Listed Are "Not To Exceed" Fees POLICE DEPARTMENT 12/31/1999 01101/01 01/01/02 RATES RATES RATES Traffic Accident Reports $5.00 $6.00 $7.00 Fingerprints - 1st Card $6.00 $7.00 $8.00 Each Additional Card $6.00 $7.00 $8.00 Criminal History Check $6.00 $7.00 $8.00 Verification Letter for Lost or Stolen Property $6.00 $7.00 $8.00 Photo Prints Actual Cost of Actual Cost of Actual Cost of (Per Set When in Possession of the Dept.) Processing Processing Processing Licenses for Dogs and Cats For Each Cat Spayed or Neutered $5.50 $6.00 $6.50 (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered $10.00 $10.50 $11.00 (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered $11.00 $12.00 $35.00 For Each Dog Not Spayed or Neutered $20.00 $21.00 $35.00 Alarm Compliance Fee 1st False Alarm in any 1 Quarter $30.00 $35.00 $40.00 2nd False Alarm in the same Quarter $60.00 $70.00 $80.00 3rd False Alarm in the same Quarter $120.00 $140.00 $160.00 or Subsequent Alarms in a Calendar Quarter Service Fee for Anti-Harrassment Order $30.00 $35.00 $40.00 Service of Arrest Warrants and Subpoenas Arrest Warrant .... $15.00 plus milea,qe Subpoena .... $6.00 plus mileage Preparation of return of service -- -- ' $5.00 Mileage (for each mile actually and -- -- $0.25 per mile necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) Table D - D 1 EXHIBIT A AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE # ., FOR AGENDA OF: August 21, 2002 VACATING A PORTION OF THE ALLEY ORIGINATING DEPT: PW&U Engineering Div. LOCATED BETWEEEN WARREN AND ORIGINATOR: Michael C. Mecham, City Engineer PARK AVENUES AND BETWEEN 4TM DATE SUBMITTED: August 5, 2002 AND 5TM STREETS. /r'" } 2. CLEARANCES: (commentonbac4)~rje~)~-- 3. EXItIBITS Director, Public Works/Utilities b/t~ t'~J A. Ordinance # City Attomey '-¥~ '~~--_ B. Site Map. Director, Community Development ~~~ C. Staff Report. Council Budget & Finance Committee ~ ~_ [~7~'5~/ ' Operations Committee ~.,~ ~ <~ ~ : ENDORSE~ _ ~~[IviATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ;" " ' ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City received a petition from KPS Health Plans to vacate a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. A hearing date of August 21, 2002, was set by City Council on July 31, 2002. This fight-of-way consists of a portion of a paved alley that abuts the applicant's properties and is utilized as access to those properties. The vacation is being requested by KPS Health Plans to develop the site for additional parking. An ingress and egress easement will be granted by KPS Health Services to the City of Bremerton further to the east on the property to allow continued access to the existing alley, which is not to be vacated. Posting of the hearing notices and mailings to the adjacent property owners have been completed in accordance with State law and Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The request before the City Council is to approve, disapprove, or modify the vacation ora portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance, vacating a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets, on first reading. B. Motion to pass Ordinance # ., vacating a portion of the alley located between Warren and Park Avenues and between 4th and 5th Streets, on second reading. 9. RESPONSIBLE OFFICIAL: City Engine~&~g~ ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION ~ ~_.~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE D 11. AGENDA BILL NO: 0~-- { ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The area will remain right-of-way, which may restrict improvements of the area. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCHSOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets ab, Agenda Bills 2002, KPS Alley Vaca Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: SE qtr. of the SE qtr., Sec. 14, T. 24 N., R. 1 E., W.M., Kitsap County, Washington. ORDINANCE # AN ORDINANCE vacatin~ a portion of the alleyways, lying between 4"' and 5th Streets and between Warren and Park Avenues in the City of Bremerton. WHEREAS, KPS Health Plans has petitioned to vacate this developed right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following rights-of-way are hereby vacated to the adjoining property owners. Ordinance Vacating the Alley between 4th and 5th/Warren and Park 1 That portion of the alley lying within Block 18, Plat of the Town of Bremerton, as recorded in Volume 2 of the book of plats, Page 30, records of Kitsap County, Washington, situated in the southeast quarter of the southeast quarter, Section 14, Township 24 North, Range I East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: That portion of the alley lying westerly of the following described line; Beginning at the southeast corner of Lot 33 of said Block 18, thence westerly along the south line of said Lot 33, 10 feet to the true point of beginning; thence southerly to a point on the north line of Lot 8 of said Block 18, said point being 10 feet westerly of the northeast corner of said Lot 8, and the terminus. Section 2. Reservation of Easements. An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the following described real property: That portion of the alley lying westerly of the following described line; Beginning at the southeast corner of Lot 33 of said Block 18, thence westerly along the south line of said Lot 33, 10 feet to the true point of beginning; thence southerly to a point on the north line of Lot 8 of said Block 18, said point being 10 feet westerly of the northeast corner of said Lot 8, and the terminus. Together with a 14 foot wide easement for ingress and egress to the City of Bremerton over and upon a portion of Lots 8, 9, 32, and 33, of said Block 18, the center line of said easement is described as follows: Beginning at the northerly common corner between said Lots 32 and 33, thence westerly along the north line of said Lot 33 3 feet; thence southerly to a point on the south line of said Lot 8, said point being 3 feet westerly of the southerly common corner between said Lots 8 and 9 and the terminus. Section 3. Effective date. This vacation shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of August, 2002. PASSED by the City Council of the City of Bremerton this day of August, 2002. CAROL ARENDS, Council President Ordinance Vacating the Alley between 4th and 5thNVarren and Park 2 APPROVED this day of ,2002. CARY BOZEMAN, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: ROGER LUBOVICH, CITY ATTORNEY PUBLISHED:~ day of ,2002. EFFECTIVE:__ day of ,2002. Ordinance Vacating the Alley between 4th and 5th/Warren and Park 3 STREET VACATION REQUEST KPS ALLEY ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 21, 2002 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: KPS Health Plans Elisabeth A. Gilje P.O. Box 339 (400 Warren Avenue) Bremerton, WA 98337 Location: Alley running north-south between Warren and Park Avenues, from 4th Street to 5th Street. B. Attachment: None BACKGROUND The applicant has petitioned the City of Bremerton to vacate a portion of alley that runs north to south through their property (approximately 3,220 sf). No other properties abut this portion of the alley. The vacation will eliminate a piece of developed alley and will increase the area of the abutting property. In vacating the alley, the applicant will grant an ingress and egress easement across their property further to the east that will connect the alley running east to west with 4th and 5th Streets. See the attached application for a sketch of the area in question. RIGHT-OF-WAY CONDITIONS · Functional Classification Alley · Existing R-O-W Width 14 feet · Proposed R-O-W Width N/A · Pavement Width 14 · Surface Type Gravel · Curb and Gutter None · Sidewalks None July 10, 2002 KPS Alley Vacation Page l of 6 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of alley is not required for public use, provided the ingress and egress easement is given. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this improved right-of-way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No change in thoroughfare would be useful. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this portion of right-of-way is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The petitioner, KPS Health Plans, is the only abutting property owner. July 10, 2002 KPS Alley Vacation Page2 of 6 SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Cascade Natural Gas will retain an easement. All easements for existing utilities will be released upon redevelopment of the surrounding properties and arrangements made for the utility relocations. SUFFICIENCY OF SIGNATURES The request for the vacation was made by 100% of the owners abutting the property to be vacated. COMPENSATION The compensation amount has been determined utilizing the Kitsap county Assessor's land value of the abutting properties. The amount is $18,547.20, which is equal to one-half of the average property value of the abutting properties weighted on a front footage basis. This amount has been paid by the applicant to the City of Bremerton. STAFF COMMENTS City Attorney, Department of Community Development, Police and Engineering supports this vacation. The Fire Department requires that Fire Department Access shall be maintained per the Uniform Fire Code and Bremerton Roadway Standards. Staff recommends that this Alley Vacation be approved as requested with easements reserved for all existing utilities and an easement to the City for ingress and egress to the existing alley. July 10, 2002 KPS Alley Vacation Page 3 of 6