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Home My WebLink About02/07/01 AGENDA CITY COUNCIL MEETING AGENDA FEBRUARY 7, 2001 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 - January 17, 2001 (#AB01-020) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 6. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 9. NEW BUSINESS A. Amendment No. I to the Interlocal Agreement between the City of Bremerton and Kitsap County for the SR-304 Transportation Improvement Project (#AB01-036) 10. PUBLIC HEARING - ORDINANCES A. Ordinance No. 4755 (Second Reading), Adopting 1999 Water System Plan (#AB01-028) 11. ADJOURNMENT OF MEETING IMMEDIA TEL Y FOLLOWING THIS MEETING, THE CITY COUNCIL WILL ADJOURN TO THE COUNCIL CONFERENCE ROOM FOR THEIR MONTHLY STUDY SESSION... AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: FEBRUARY 7, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- JANUARY 17, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: JANUARY 18, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT ri INFORMATION D APPROVED BY COUNCIL P~.SIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDEN "~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ri TABLED Fl APPROVED [1 DISAPPROVED Fl AMENDED [']DATE: 3 A COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCHSOURCES: TA'PE #1747 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 17, 2001 The weekly meeting of the City Council of the City of Brsmerton was called to order in the City Council Chambers, 239 4t" Street, Brsmerton, Washington, Wednesday, January 17, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, David Farr, Mike Shepherd, Ed Rollman, and Wayne Olsen. Council member Cecil McConnell was absent due to illness. Aisc present were Deputy City Clerk Paula Johnston; Special Counsel Glenna Malanca; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Wayne Olsen, followed by the invocation given by Principal Nick Sweeney of Kings West School. President Law made the following announcements: (1) Council held a Prs-Council Session in the Council Conference Room to discuss general Council business; followed by a 15-Minute Study Session to discuss "HOME Fund Allocations". Jim Reed stepped out of the meeting at approximately 5:32 P.M. and was not present for the fo/lowing two votes: CONSENT AGENDA A. Minutes of Meeting - January 10, 2001 (#AB01-014) #0024 M/S/C/U (Olsen/Arends) 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. #0044 M/S/C/U (Arends/Farr) On January 17, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 248424 through 248625 in the amount of $537,710.84. Jim Reed returned to the meeting at approximately 5:36 P.M. COUNCIL MEMBER REPORTS Carol Arends enjoyed the opera at the Bremerton Community Theater on Friday night; and noted that the Bremerton Gateway Project was coming along nicely. David Fart reported that all was well in District 6. Mike She_Dherd announced the next District 5 meeting would be held Thursday, January 18, 2001 beginning at 6:30 P.M. at the Memorial Lutheran Church located at 10th and Veneta, to discuss the "Proposed Bremerton/Kitsap County Regional Government Center" with Norm S. McLoughlin of the Kitsap County Consolidated Housing Authority (KCCHA). Ed Rollman was pleased to see the long lines for the "Dr. John" performance at the Admiral Theater. Wayne Olsen provided a brief update on the construction project on Lebo Bird, which should be completed soon. President Law reported on the annual Martin Luther King, Jr. Memorial Scholarship Foundation luncheon held on Saturday, January 13, 2001; and the District 3 Neighborhood Meeting held Tuesday, January 16, 2001 at the Senior Center. He thanked Chief Al Duke for his presentation on the proposed "Merger of Fire Districts", and encouraged other Council members to consider this topic for their District meetings. TAPE #1747 City Council Reg. Mtg. Minutes January 17, 2001 Page 2 of 5 MAYOR'S REPORT - There was no report this evening. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Ed Wolfe, President of the Bremerton Area Chamber of Commerce, offered positive comments on the proposed Bremerton/Kitsap County Regional Government Center. Gord_v Byrd asked that anyone interested in volunteering for the new Crisis Hotline to call 377-7292. Harold F. Schulz provided a letter to the Council voicing his concerns over the $5.00 user-fee for the Bremerton Senior Center that was implemented on January 1, 2001. 9A - AGREEMENT BETWEEN HARRISON HOSPITAL AND THE CITY OF BREMERTON TO PROVIDE AMBULANCE SUPPORT (#AB01-015): Fire Chief Al Duke emphasized that this is an agreement between the City of Bremerton and Harrison Hospital to provide ALS and back-up BLS transports between Harrison Hospital & Bremerton, and Harrison Hospital & Silverdale. On July 10, 2000, Harrison Hospital opened their Silverdale campus for OB/GYN and pediatrics then approached the City of Bremerton to meet the need of transporting patients between campuses. It was clarified that Bremerton would remain the lead agency for transports requiring paramedic services; and only provide back-up as needed to Olympic Ambulance for BLS calls (approximately 10 calls per month). There were no comments from the public #0673 M/S/C/U (Arends/Rollman) Move to authorize the Mayor to sign and enter into the Agreement between Harrison Hospital and the City of Bremerton to provide ambulance transports. 9B - PROPOSAL TO PURCHASE A 200'1 AMBULANCE FROM BRAUN NORTHWEST (#AB01- 0'16): Fire Chief Al Duke stated that there are currently 3 Braun ambulances in the fleet, and the requested ambulance to be purchased would replace the 1988 ambulance that was surplused earlier in the year. It was also stated that the City of Bremerton has an Intergovernmental Cooperative Purchasing Agreement signed in 1994 which allows the City to purchase off the Central Kitsap Fire & Rescue bid. There were no comments from the public. #0750 M/S/C/U (Farr/Arends) Move to authorize the Mayor to sign and enter into the contract proposal with Braun Northwest, Inc. for the purchase of a 2001 ambulance. 9C - PROFESSIONAL SERVICES AGREEMENT AMENDMENT WITH GORDON. THOMAS, & HONEYWELL (#AB01-017): Assistant City Attorney David St. Pierre reported that on occasion a firm is asked to extend their services for additional time or compensation. Currently, the City is being represented by Gordon Thomas Honeywell in the Burlington and Mincey lawsuit. As of November 30, 2000, the City has received bills in excess of $9,900 of the current contract, and the requested contract amendment would include these additional expenses incurred by the firm. More expenses are expected, and once an estimate for Year 2001 is completed, another contract will be provided. There were no comments from the public. TAPE #1747 City Council Reg. Mtg. Minutes January 17, 2001 Page 3 of 5 #0825 M/S/C/U (Farr/Arends) Move to approve the amendment to professional services agreement with Gordon Thomas Honeywell increasing compensation not to exceed an additional $9,900 to cover invoices received to date, for a total contract amount of $24,900. 9D - PHASE II PROJECT AGREEMENT FOR THE BREMERTON/KITSAP COUNTY REGIONAL GOVERNMENT CENTER (#AB01-018): Mayor Lynn Horton reported that the goal of this project is to provide consolidated facilities for city, county, state, and federal government departments and agencies that will provide for more efficient and productive services for Kitsap County citizens. Representatives of all involved parties have met for more than a year to develop a downtown revitalization strategy which includes 1) development of the Government Center; 2) establishment of appropriate zoning and new design standards to ensure private investment in the downtown; and 3) development of housing. The proposed design standards have been developed into a set of proposed downtown Bremerton policies and Land Use Codes, which have been presented to the Bremerton Planning Commission for consideration. The Phase [I Agreement indicates that the Phase ! analysis is complete and the project is now ready to enter Phase [1. Under this phase, LMN Architects will complete the schematic design for the Building, and the Housing Authority will undertake such other pre-development tasks as reasonably necessary to enable the parties to commit to construction of the Building. This may include, but is not limited to, economic development analysis and engineering services. This agreement also authorizes the acquisition of land for the building as well as adjacent property necessary or convenient for the Building. It was also reiterated that although this project is one strategy that is believed to bring economic development to the downtown, other positive aspects for this concept were discussed, including the need for a new Bremerton City Hall facility and needed expansion-room for the County. Norm McLou_ohlin, Executive Director of the Kitsap County Consolidated Housing Authority ("Housing Authority") was introduced to provide additional details on the proposed Building. Glenna Malanca, Special Counsel to the Council, provided a staff report to cover changes discussed with Council and the Kitsap County Prosecuting Attorney's Office. These changes are provided in a new version of the Phase I! Agreement, and include: 1) an added Attachment 1; 2) paragraph one indicates the City of Bremerton as a "municipal corporation", acting by and through its legislative body unless otherwise specifically provided; 3) paragraph 14 notes that the Council president shall be added for the purpose of notice to the City of Bremerton; and 4) paragraph 16 provides that in the event the Housing Authority enters into an agreement with Kitsap County regarding Phase I! Project Agreement for the development of the Building, the terms and conditions of this Agreement shall conform to said agreement. MS. Malanca further indicated that the County is considering the advantages of providing for a 100% schematic design, noting that Exhibit 1 of the proposed Phase [! Agreement provides for 75% of the schematic design component. David Farr stated that although he is enthusiastically supportive of this project, he must excuse himself from this issue tonight due to an "appearance of conflict of interest" because his wife and some of her former law-firm partners own a portion of the property covered in this agreement. Carol Atkinson of Bremerton Main Street Association provided comments in support of this project. Mr. Esser stated that a recent newspaper article referred to the purchase of waterfront property by the Housing Authority, as an Urban Renewal Agency, at a cost of $3.6 million, and asked if the City was involved in the transaction, and obligated financially. He clarified that the City has authorized the TAPE #1747 City Council Reg. Mtg. Minutes January 17, 2001 Page 4 of 5 Housing Authority to act as an Urban Renewal Agency for the sole purpose of developing the City/County Building. He expressed concern about City liability, and referenced contamination issues in the vicinity of the Enetai Building. Mr. McLoucjhlin also responded that the City had authorized the Housing Authority to act as a Urban Renewal Agency last year, and that the Housing Authority did purchase the Waterfront Partners' property for approximately $3.6 million for the benefit of the City, but at no risk or liability to the City. Mayor Horton clarified that Kitsap Transit purchased the Enetai Building with a grant, but a property swap with Kitsap Transit is anticipated in the near future. Mr. Esser inquired as to whether the task items of Phase ! were accomplished. Mr. McLou_ohlin responded that the Housing Authority, using a line of credit had received about $157,000 in invoices, and bills were still coming in. Mr. Esser asked if the additional land being purchased, above and beyond the land required for the development of the building, was something the City would be contributing toward, and whether the City would have an interest in. Mr. McLou_ohlin responded that the land was being purchased for the next stage of development, and that the property would be Housing Authority property. He also noted that the City would receive a pro rata share of any proceeds of the sale of the land if the Building were not constructed. Mr. Esser also asked if there was additional information regarding concerns of economic impact raised recently by the City of Port Orchard. Mr. McLOu~lhlin responded that he was meeting with the Port Orchard Council this evening, and would report back the results at a future date. Mr. Shepherd spoke enthusiastically about the project, and discussed maximizing the use of current infrastructure. Mr. Olsen and Mr. Rollman provided supportive comments as well. Mr. Reed discussed the completion of the schematic design, and the assumptions by the Council regarding costs. He asked if an additional 25% were paid by the City and County, could a 100% schematic design be completed in a timely manner. Mr. McLou~ohlin responded that the timeliness would be a problem, as well as pointed out that an additional 25% in funding would not be sufficient to pay for the 100% schematic design. He indicated that the final 25% of the schematic design would cost at least double the $300,000 cost of the initial 75% schematic design. Mr. Reed received confirmation that Council would be kept well informed. Mr. Law established that the Agreement was for the Building only. #2015 M/S/C/U (Rollman/Olsen) Move to approve Phase [! Project Agreement. Mike Shepherd left the meeting at approximately 6:35 P.M. and was not available for the last two votes. 10A - ORDINANCE NO. 4750 (SECOND READING) GRANTING ONE-YEAR FRANCHISE TO PUGET SOUND ENERGY (#AB01-010): The first reading of the ordinance was heard at the Council meeting on January 10, 2001. There were no comments from the public. #2060 M/S/C/U (Arends/Esser) Move to pass Ordinance No. 4750 on second reading, granting one- year franchise to Puget Sound Energy. 10B - ORDINANCE (FIRST READING) AUTHORIZING THE ISSUE OF A $1,250,000 TAX ANTICIPATION NOTE AND ACCEPTING THE PURCHASE OFFER OF BANK OF AMERICA (#AB01-019): City Treasurer Rich Hanna indicated that the City's General Fund would operate in a deficit cash position at certain times of the year without some form of cash flow financing. Analysis indicates that issuance of a Tax Anticipation Note (TAN) is the most economical way of financing this TAPE #1747 City Council Reg. Mtg. Minutes January 17, 2001 Page 5 of 5 cash flow need. It was also indicated that documents presented this evening were preliminary, and that final documents would be available by second reading of the ordinance. There were no comments from the public. #2192 M/S/C/U (Farr/Arends) Move to approve on first reading the ordinance authorizing the issue of a Tax Anticipation Note. With no further business, meeting concluded at 6:39 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: AMENDMENT NUMBER 1 TO FOR AGENDA OF: February 7, 2001 THE INTERLOCAL AGREEMENT BETWEEN ORIGINATING DEPT: PW&U Engineering Div./c, THE CITY OF BREMERTON AND KITSAP ORIGINATOR: Jennifer Strehler, City Enginee.r~/,,,Z COUNTY FOR THE SR 304 TRANSPORTATION DATE SUBMITTED: January 29, 200('1/ IMPROVEMENT PROJECT. 2. CLEARANCES: (comment on bacfg~,~ss~ /~7 3. EXItIBITS Director, Public Works/Utilities ,.? .~/---~ .,, A. Amendment Number 1 to the Interlocal City Attorney ~_~.~')..,~ ~ .~"~--_~ Agreement. City Treasurer ~ ~ B. City Agreement No. 3829. Purchasing Manager {~tL ~2e~'"- ,,, Council Budget & Finance Committee X'~qr .... r_g35:.,r7 ' Dperatlons Committee ~g~r~ff_~ ~ Nvo smL rNF TION APP OWD COUNC m NT SU M Vr L: MAYOR ~ . COUNCIL PRESDE~t,~_.t.-..-"~,,.7 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An Interlocal Agreement was entered into on June 16, 1997, between the City of Bremerton and Kitsap County regarding the design and right-of-way acquisition for the SR 304 Transportation Improvement Project. Kitsap County has committed to provide $500,000 as their share for the SR 304 Project. Kitsap County has expended $156,000 to date for their share of those costs. Since expenditure of funds on specific grants has not occurred as anticipated in the Interlocal Agreement and since the design, right-of-way and construction activities will soon occur on properties and right-of-way within the jurisdiction of the County it is necessary to amend the Interlocal agreement to reflect current responsibilities. 8. RECOMMENDATION: That the Mayor be authorized and directed to execute the attached Amendment Number 1 to the Interlocal Agreement with Kitsap County for the SR 304 Transportation Improvement Project. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED __~E~ COUNCIL DIRECTIVE D · 11. AGENDA BILL NO: 0 l-- 0 3 & 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Matching funds from Kitsap County would not be available for completion of the SR 304 Transportation Improvement Project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. Amendment Number allocated other agency funds to the project. 7. RESEARCH SOURCES ab, Agenda Bills 2001, Amendment Number 1, SR304 TIP AMENDMENT NUMBER 1 TO THE INTERLOCAL AGREEMENT Between The City Of Bremerton and Kitsap County County Agreement No. KC105-97 City Agreement No. 3829 Regarding the Design, Right-of-Way Acquisition and Construction of the SR304 portion of the SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvement Project. THIS AMENDMENT NUMBER 1 to the Interlocal Agreement between the City of Bremerton and Kitsap County dated June 16, 1997, is made and entered into this day of , 2001, by and between the City of Bremerton (hereinafter referred to as 'CITY"), and Kitsap County (hereinafter referred to as "COUNTY"). WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the COUNTY has committed to provide $500,000 as their share for preparation of the Environmental Impact Statement, design, right-of-way acquisition and construction of the PROJECT; and WHEREAS, the COUNTY has expended $156,000 to date for their share of the costs to develop the Environmental Impact Statement for the PROJECT; and WHEREAS, the expenditure of COUNTY funds on specific grants has not occurred as anticipated in the Interlocal Agreement due to the state and federal funding agency's desire to expend their funds first; and WHEREAS, the project design, right-of-way and construction activities on SR304 will soon occur on properties and right-of-way within the jurisdiction of the COUNTY; City of Bremerton and Kitsap County Page 1 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP NOW THEREFORE, the parties through their respective legislative bodies in consideration for the mutual covenants contained herein do agree to modify the Interlocal Agreement as follows: Delete Item Number 2. "Responsibilities of the Parties" in its entirety and replace with the following: 2. RESPONSIBILITIES OF THE PARTIES (a) The COUNTY shall contribute $500,000 towards the Environmental Impact Statement, design, right-of-way acquisition and construction of the PROJECT. As of the date of this Amendment the COUNTY has expended $156,000 of their share of the costs for the PROJECT. (b) The COUNTY authorizes the CITY to designate expenditure of COUNTY funds to match funds received from other agencies or for direct costs associated with completion of the PROJECT. (c) The COUNTY authorizes the CITY to be the lead agency for the design, right-of-way acquisition, structure demolition and construction of the PROJECT within the COUNTY jurisdiction. (d) The COUNTY will consider any requests by the CITY to vacate portions of excess county right-of-way in the PROJECT area to the adjoining property owners. (e) The COUNTY will assist and support the CITY and State on issues of condemnation. (f) The COUNTY will assist and support the CITY and State in identifying and issuing any County permits necessary to construct the PROJECT. (g) The CITY as Project Manager shall be responsible for making disbursements to City staff and to consultants hired to complete the PROJECT and for monitoring the PROJECT budget. (h) The CITY will invoice the COUNTY for its prorata share of the City Staff and consultant costs as costs occur on a monthly basis, unless a mutually agreeable alternative arrangement is made in writing. No other changes to the Interlocal Agreement are made by this Amendment. City of Bremerton and Kitsap County Page 2 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP i( This Amendment Number 1 is approved and entered into by the undersigned local government units the day and year first written above. CITY OF BREMERTON LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk APPROVED AS TO FORM: DAVID ST. PIERRE, Assistant City Attorney DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works and Utilities City of Bremerton and Kitsap County Page 3 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON CHRIS ENDRESEN, Chair JAN ANGEL, Commissioner TIM BOTKIN, Commissioner ATTEST: HOLLY ANDERSON, Clerk of the Board ab, tnterlocal Agreements, Amend No 1, SR3 SR304 City of Bremerton and Kitsap County Page 4 of 4 Amendment Number 1 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP INTERLOCAL AGREEMENT Between the City. of Bremerton and Kitsap Count5.' Regarding the Design and Right-of-Way Acquisition for the SR304 portion of the SR3/SR304 Brerfferton Ferry. Terminal to Gorst Vicinity Transportation Improvement Project. THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the provisions of Chapter 39.34 RCW, this 1~o''¢x day of ,_-'?u r,, e~ , 1997, by and between the City of Bremerton (hereinafter referred to as "CITY"), and Kitsap County (hereinafter referred to as "COUNTY"). WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local government units to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a mann~.r Fursum-,t to fo.,rmz of goverv_m..enta! org=_v_ization that will accord beqt with geographic. economic, population and other factors influencing the needs and development of local communities, and WHEREAS, both parties share responsibility to promote the development of public transportation in Kitsap County, and WItEREAS, both parties desire to facilitate the development of improved access between thc Brcmerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled "SR3/SR304 Brcmerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"), and WHEREAS, both parties participate in an agency partnership which also includes Kitsap County, Washington State Department of Transportation. Washington Transportation Improvement Board. Puget Sound Naval Shipyard, and the Federal Highway Administration that provides oversight and funding for the PROJECT. and WHEREAS, the CITY received grant funding for design of the transportation improvements and right-of-way acquisition on the SR304 portion of the PROJECT on which COUNTY participated as a funding partner and provided matching funds, and WHEREAS, both parties desire to obligate funds associated with the successful grants: "'" NOW THEREFORE, the parties through their respective legislative bodies in consideration of the mutual covenants contained herein, do agree as follows: 1. PURPOSE The purpose of this Agreement is to allocate COUNTY funds for the design of the transportation improvements and right-of-way acquisition on PROJECT to the CITY. The funds are the COUNTY match for grant funds received for the PROJECT. Crt.'. & Ki~sap Count.',' Intcrlocal Agreemem on Funding SR304 Improvements · '2. RESPONSIBILI l lES OF THE PARTIES (a) COL.,'NTY shall contribute $187,500.00 towards the design of the PROJECT as COUNTY match for the STP competitive grant (FY93-94). (b) COUNTY shall contribute $23,000.00 toward the right-of-way acquisition of the PROJECT as COUNTY match for countywide ISTEA grant (FY95). (c) COU~",/TY shall contribute $80,000.00 towards the right-of-way acquisition on the PROJECT as COUNTY match for the STP competitive grant (FY97). (d) The CITY as Project Manager shall be responsible for making disbursements to City staff and consultants hired to complete the PROJECT and for monitoring the PROJECT budget. (e) The CITY will invoice COUNTY for its prorata share of the city ~' r,- ~ta~, a'id consultant costs as costs occur on a monthly basis unless a mutually agreeable alternative arrangement is made in writing. 3. ADMINISTRATION This Agreement shall be administered by the CITY. Thc Project Manager for this PROJECT shall be the City Engineer. 4. TERM This Agreement shall take effect upon execution of the agreement by both CITY and COUNTY and shall continue until the SR304 portion of the PROJECT is completed or all t'unds referred to in this agreement are expended, whichever occurs first. $. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and both panics acknowledge that there are no other agreements, written or oral. that have not been fully set forth in the text of this Agreement. 6. AMENDMENTS The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 7. NOTICES Any notices required to be given by the CITY to COUNTY or by COUNTY to the CITY shall be in writing and delivered to the parties at the following addresses: City of Bremerton Kitsap County City Clerk Department of Public Works 239 Fourth St. 614 Division St. MS26 Bremerton, WA 98337 Port Orchard, WA 98366-4686 Cit.',' & Kitsap County lntcr~ocat Agrcemcnt on Funding SR304 Improvements -2- '8. DISPOSITION Or PROPERTY No personal property is expected to be acquired as part of this agreement. However. an.,,' personal property acquired using the funds identified in the Agreement shall become the property of CITY or COUNTY as mutually agreed upon at time of acquisition. 9. APPLICABLE LAW a. VENUE This Agreement shall be constructed and interpreted in accordance with the laws o f the State o f Washington. b. DISPUTES In the event that a dispute arises under this Agreement, it shall be resolved in the following manner: CITY and COUNTY shall each individually appoint one member to a Dispute Board and jointly appoint a third member. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. Each party shall pay costs of it's appointee and share costs of the joint appointee. 10. ORDER OF PRECEDENCE In the event of an inconsistency in this Agreement, unless other~vise provided herein, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable state statues and regulations; b. This Agreement, including any other express provisions of this Agreement whether incorporated by reference or otherwise; and c. The terms and conditions of the Grant funds being distributed. I 1. INDEMNIFICATION ~ Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) ~vhile performing this contract. 12. VALIDITY If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudged. City & Kitsala County lnterlocal Agreement on Funding SR304 Improvements -3- This Agreement approved and entered into by the undersib,,ed local government units the day and year first above written. CITY OF BREMERTCJN LY'tNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk S TO FORM: lAN R. 'SIEVERS, City Attorney W. EUGElqE SA~irector Public Works/Utilities BOARD OF COMMISSIONERS / ,/~ ' .. . / ~ PHIL BEST, Chai~an C~DT~E ~A~dDO, ~mm~smn~, ....;j ,... ~ 'CHIS E~RESEN, Commissioner ATTEST: ~LE~ THE BO~ 9713Ybk Cit.',' & Kitsap Count.',' lnterlocal Agreement on Funding SR304 Improvements · AGENDA BILL BREMERTON CITY COUNCIL ORIGINATING DEPT: Public Works & Utilities Ordinance to Adopt the City of Bremerton ORIGINATOR: K. Cahall, Water Resources Water System Plan ~J0, /"~"755 DATE SUBMITTED: 1/15/01 2. CLEARANCES: (cornment~ssary) 3. EXHIBITS: Director, PW&U ~,~. L~ t-.. ,.~'2,_,~"'"~ r~,,'-' City of Bremerton Water System Plan ~CityAttorney (COPY AVAILABLE FOR REVIEW IN Fiscal&BudgetComm 'l:leard at Committee 1/2b,/01 ~/ATER RESOURCES DEPARTHENT) Operations Comm. ~/~'~ ~"~/Z'~~~ O'T(~i'~LI, qC~ riO, z~"7 ~' ENDORSEMENT /~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: State regulation, Washington Administrative Code 246-290-100, requires each drinking water system to prepare a Water System Plan every six years. This plan identifies present and future drinking water needs and sets forth a means to meet those needs in a manner consistent with Federal, State, and local laws. The attached Bremerton Water System Plan meets these requirements and has been approved by the Washington State Department of Health. 8. RECOMMENDATION: ~¢'~,,~ ~ ,z ,']~/'27V'~-. d v~ Et ~v~.~_~ .~OVC ~ ~q55 Ord [ ~ C~ 9. RESPONSIBLE OFFICIAL: PW&IJ Dir.~tnr ENFORCEMENT OFFICIAL: PW&U Director ~0- 47 55 O~ X'e ~d ~d { ~. EXPIRATIONREvlEW DATE:DATE: N/AN/A 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED _,~__fl~N D E~_ COUNCIL DIRECTIVE: DATE: oi- o;L 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (Continued): 4. SUMMARY STATEMENT (Continued): 5. IMPACT OF NON-PASSAGE: The City's water system would be in non-compliance with the Department of Health regulatory requirements. The City would be unable to meet future water needs as growth occurs and system improvements are needed in the service area. 6. IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT. OR OTHER RESOURCES: Staffing: Additional staff time may be required and budgeted to implement programs in response to Safe Drinking Water Act compliance as outlined in the Plan. Bud_~et: The Plan outlines a capital improvements schedule. · Facilities: Improvements and expansion of water system components are identified in the Water System Plan. Equipment: Equipment upgrades are identified in the Plan. 7. RESEARCH SOURCES: WAC 246-290-100 Water System Planning Handbook, DSHS, 1997 Washington Department of Health Water System Design Manual, 1999 Bremerton Water Comprehensive Plan, 1992 ORDINANCE # ~1' '7 5 5 ORDINANCE to adopt the City of Bremerton Water System Plan. WHEREAS, The City of Bremerton last prepared a water system plan in 1992; and WHEREAS, the City desires to plan for the future and growth in its water system service area; and WHEREAS, a water system plan provides a means to meet future water system needs; and WHEREAS, The City is required to formally adopt a Water System Plan under State Department of Health regulations promulgated under Washington Administrative Code 246-290-100; now and therefore: THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Adoption. That the attached City of Bremerton Water System Plan be adopted. SECTION 2. Effective Date: Adoption of this Water System Plan shall become effective ten (10) days from passage and publication. ATTACHMENT: City of Bremerton Water System Plan Update dated 1999 APPROVED by the City Council on the first reading this __ day of ., 2001. PASSED by the City Council of the City of Bremerton this __ day of , 2001. John Law Council President APPROVED this day of ,2001 Lynn Horton Mayor ATTEST: KATHLEEN L. MCCLUSKEY Clerk PROCLAMATION WHEREAS, February 11, 2001, Kitsap County officially welcomes KITSAP SAFE KIDS; and WHEREAS, February 11-17, 2001, has been declared National Child Passenger Safety Week; and WHEREAS, traffic crashes are the number one cause of death and injm'y for children after the first year of life; and WHEREAS, each year, 1,700 children die and almost 300,000 are injured in motor vehicle crashes; and WHEREAS, six out often children killed in crashes are completely unrestrained; and WHEREAS, 96 percent of parents believe they properly install seats; however, from actual inspections, we know that at least four out of five children placed in child safety seats are improperly restrained; and WHEREAS, the best thing families can do to safeguard the health and well being of our children is to establish safety habits that set a pattern for safety for the rest of their lives, this week must extend beyond child safety seats and seat belts to include good safety habits for young pedestrians and bicyclists; WHEREAS, 70-80 percent of fatal bicycle crashes involve head injuries, but if helmets are worn they are more than 85 percent effective in reducing head and brain injuries, and young people should be educated about the importance of wearing a bicycle helmet and practicing safe riding skills; NOW, THEREFORE, I, Lyrm S. Horton, Mayor of the City of Bremerton to hereby proclaim our support for KITSAP SAFE KIDS and National Child Passenger Safety Week and urge everyone to help reduce injuries and the tragic loss of life on our highways by buckling up every child in an approved restraint, in the vehicle's back seat. It is important these lifelong safety rules become habits - patterns for life - as passengers, pedestrians, and bicyclists. Let us help spread these important child safety messages throughout our communities. By doing so, we can save many lives. I call upon all citizens, government agencies, public and private institutions, businesses, hospitals, and schools in Kitsap County to welcome KITSAP SAFE KIDS and observe this week as National Child Passenger Safety Week. SIGNED this 7th day of February 2000. Lynn S. Horton Mayor