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Home My WebLink About10/17/01 AGENDA CITY COUNCIL MEETING AGENDA OCTOBER 17, 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 I ~j~_. A. Minutes of Meeting - October 3, 2001 (#AB01-233) I 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS A. Consultant Contracts for Public Facilities District Proposal for Hotel Conference Center Project; and Budget Adjustment No. 2001-18 (#AB01-234) B. Traffic Safety Coordinator Employment Service Contract Addendum (#AB01-235) __\~(, ~ HOME Program Fund Allocation to LIHI for Acquiring Property at 704 Chester Avenue (#AB01-236) D.HOME Program Fund Allocation to Kitsap Community Resources to Develop Lease/Purchase Program with the City of Bremerton (#AB01-237) E.Professional Services Agreement for Design Services with Acres International Corporation for Casad Dam Intake Tower Seismic Upgrade Project (#AB01-238) 11. PUBLIC HEARINGS - RESOLUTIONS A. Resolution No. 2840, Designating FEMA Applicant Agent; and Public Hearing for Discussion of Mitigation Alternatives (#AB01-239) B. Resolution No. 2841, Temporarily Decreasing the Speed Limit on Higbee Road to 5 MPH; and on a portion of Austin Drive to 25 MPH (#AB01-240) AGENDA CONTINUED ON BA CK... 11. PUBLIC HEARINGS - RESOLUTIONS (Continued) C. Resolution No. 2842, Regarding Recovery of Fees for the Abatement of Garbage and Debris on the Property located at 725 Pearl Street (#AB01-241) D. Resolution No. 2843, Regarding Recovery of Fees for the Abatement of Garbage and Debris on the Property located at 1702 Burwell Street (#AB01-242) E. Resolution No. 2844, Regarding Recovery of Fees for the Removal of Vegetation on the '7~' Listed Properties (#AB01-243) 12. PUBLIC HEARINGS - ORDINANCES A. Ordinance No. 4778 (Second Reading) Creating an Administrative Hearing Examiner Position (#AB01-228) 13. ADJOURNMENT OF MEETING CITY COUNCIL MEETING OCTOBER 17, 2001 SPEAKERS LIST If you have a question that may require a written response, please provide your mailing addres~ Thank you. NAME TEl JEPHONE TOPIC 3. o 10. 11. 12. 13. 14. Reminder: The next Council Meeting will be on Wednesday, October 24TM AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: OCTOBER 17, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- OCTOBER 3, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: OCTOBER 12, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION B APPROVED BY COUNCIL PF~SIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT ~: ~,. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION :ULLED B TABLED FI APPROVED ri DISAPPROVED []AMENDED ri DATE: _r'~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) / ~.. CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: RESEARCH SOURCES: TAPE #1796 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES October 3, 2001 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, October 3, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston, 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 Chaplain Conrad Dodd of Kitsap Lake Baptist Church. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) A Work Session will be held immediately following the Council meeting next Wednesday to "Deliberate the 2000-2001 Docket of Proposed Amendments to the Comprehensive Plan and Zoning Map. CONSENT AGENDA- There are no Consent Agenda Items this week. 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/S/C/U (Reed/McConnell) On October 3, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 256430 through 256707, and EFT 6715 in the amount of $683,120.97; and Regular Payroll in the amount of $931,234.63 for the pay period ending September 30, 2001. Wayne Olsen was not available for this vote. COUNCIL MEMBER REPORTS Cecil McConnell announced that the next Combined District 1 & 2 Meeting would be held on October 11, 2001 at the Sheridan Park Recreation Center, beginning at 7:00 P.M., allowing the public an opportunity to "Meet the District 1 Candidates". Ed Rollman reminded the public to attend the Bremerton Centennial Photo Display before the final day of the exhibit on Sunday, October 14, 2001. Mike Shepherd assured the residents in the area of Park Avenue that the Code Enforcement Officer and the Bremerton Police Department have taken care of the transients who were living in the wooded area of the neighborhood. He announced the Pennsylvania Neighborhood Group is hosting a "Problem Housing" forum on October 29, 2001 at Memorial Lutheran Church beginning at 7:00 P.M., and that the Mayoral candidates have been invited to participate in the discussion. He reminded the public about the First Friday event this week; and lastly, he announced that a book signing with local author Cynthia Galloway would be held on Monday, October 15, 2001 from 6:00 to 9:00 P.M. at Coffee Oasis located on Burwell Street. TAPE #1796 City Council Reg. Mtg. Minutes October 3, 2001 Page 2 of 5 Eric Younger invited the public to attend the next Combined District 6 & 7 meeting to be held on Thursday, October 11,2001 beginning at 6:30 P.M. at the School District Administration Building in the Curriculum Library located on 134 N. Marion Avenue. The topic will include a discussion on the "Sexual Assault Investigation and Victim Services Program" with Detective Sue Shultz; and a visit from "Quasar" a Police Dog with the K-9 unit of the Bremerton Police Department. Carol Arend$ reiterated information about the Combined District 6 & 7 meeting, and noted there was a recent article in The SUN about Quasar. Will Mau.~in announced a District 8 meeting would be held Thursday, October 18, 2001, beginning at 6:30 P.M. in the Conference Room of the Oyster Bay Public Works & Utility Building to discuss "Downtown Development', the "Proposed "Conference CenteF, and the "Westpark Master Planning Process". COUNCIL COMMITTEE REPORTS Carol Arends discussed her attendance at the Puget Sound Regional Council meeting, and mentioned that the "Regional View" newsletter with related information was available through the Council office. Mike Shepherd discussed the Kitsap County Board of Health and Kitsap Transit Board meetings he recently attended. Ed Rollman discussed the CenCom Policy Board and Kitsap Regional Coordinating Council meetings he attended on Tuesday; and included an announcement on a "Smart Growth" meeting scheduled at the Admiral Theater on Friday October 26, 2001, from 1:00 to 4:00 P.M. Wayne Olsen arrived to the meeting at approximately 5:45 P.M. MAYORS REPORT Mayor Horton collectively thanked all the volunteers for their efforts and participation in the year-long Centennial Celebration, then read a Proclamation proclaiming Saturday, October 13, 2001, as "Centennial Day", which was accepted by Charleen Burnette, Municipal Services Coordinator. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION H. Emily Moshay encouraged the public to view and financially support the mural projects painted on local buildings. She also announced that the Centennial Annual was now available for $2.00 at various locations. Charleen Burnette discussed Centennial Day events scheduled on Saturday, October 13, including the Opening Ceremonies at the Admiral Theater beginning at 11:00 A.M.; the Cake Cutting event at the corner of 4th & Pacific at noon; followed by the all-day street fair, and concluding with a fireworks display off the boardwalk at approximately 7:00 P.M. Darrel McDorman suggested an officer be stationed near the intersections of Burwell Street & Naval Avenue and 6th Street & to Naval Avenue to alleviate congestion caused by PSNS traffic. TAPE #1796 City Council Reg. Mtg. Minutes October 3, 2001 Page 3 of 5 10A- PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER MCKEE FOR UPDATING WASTEWATER COMPREHENSIVE PLAN (#AB01-213): Gene Sampley, Public Works & Utilities Director, summarized that W.A.C. Chapter 173-240 requires the City to update its Comprehensive Plan at this time. Additionally, the City needs additional wet weather treatment capacity at the Charleston (Westside) Treatment Plan as a component of the CSO control program that is mandated by the federal consent decree. A Facility Plan is required prior to submitting for Ecology funding for capital facilities. Camp Dresser McKee (CDM) has been selected as the most qualified consultant, and a Professional Services Agreement (PSA) has been negotiated in the amount of $401,586 for updating the City's Comprehensive Wastewater Plan and preparing a Westside CSO Treatment Facility Plan. Amendments to the Agreement were noted, correcting the year 2001 to the correct year of 2002. There were no questions or comments from the public. #1121 M/S/C/U (Shepherd/Reed) Move to approve the Professional Services Agreement with Camp Dresser McKee, Inc. in the amount of $401,586 for updating the City's Comprehensive Wastewater Plan and preparing a Westside CSO Treatment Facility Plan, and authorize the Mayor to execute the same, with the corrected dates as noted. 10B - LETTER OF INTENT REGARDING BREMERTON AND PORT ORCHARD WATER SYSTEM IMPROVEMENTS (#AB01-214): Gene Sampley, Director of Public Works & Utilities, stated that Bremerton and Port Orchard have been working together to develop a mutually beneficial plan for the joint development of the water systems serving their common 580 foot elevation pressure zones. At this time, the Cities' staff has agreed on the number of basic principles and goals, which will ultimately form the basis for an interlocal agreement establishing a long-range plan and a capital facilities plan for water service in the area. The cooperative plan is intended to provide safe, reliable water service in an efficient and cost effective manner for the areas generally known as 4200 Feigley and Northwest Corporate Campus in Bremerton's water service area, and McCormick Woods, McCormick North, and McCormick West in the City of Port Orchard's water service area. Kitsap County is nearing completion of a sub-area plan under GMA for this area. The attached letter of intent will allow completion of the County's sub-area plan until such time the details of an interlocal agreement can be completed. Staff recommends that the City Council authorize the Mayor to sign the letter of intent. There were no questions or comments from the public. #1360 M/S/C/U (Reed/Arends) Move to authorize the Mayor to sign the attached Bremerton and Port Orchard Water System Improvements Letter of Intent. Mike Shepherd stepped out of the meeting at approximately 6:10 P.M. and was not available for this vote. He returned at approximately 6:20 P.M. 10C - PROFESSIONAL SERVICES AGREEMENT WITH URS CONSTRUCTION SERVICES FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CALLOW BASIN PRIORITY 5 STOR ,1~ SEPARATION PROJECT (#AB01-215): Gene Sampley, Director of Public Works & Utilities, reported that based on an evaluation of qualified consultants the City has selected and negotiated a professional Services Agreement with URS Construction Services to provide construction management (CM) services for the Callow Basin Priority 5 Storm Separation Project. The City has insufficient staff available for construction management of this project. Passage of this agenda bill will result in the City's ability to construct the project on time and in compliance with the consent TAPE #1796 City Council Reg. Mtg. Minutes October 3, 2001 Page 4 of 5 decree schedule. The not-to-exceed amount of the agreement is $278,496. The request before City Council is to approve an agreement for professional services with URS Construction Services to provide construction management services for the Callow Basin Priority 5 Storm Separation Project. There were no questions or comments from the public. #1645 M/S/C/U (Arends/Reed) Move to approve a Professional Services Agreement with URS Construction Services to provide construction management services for the Callow Basin Priority 5 Storm Separation Project, in an amount not to exceed $278,496.00, and authorize the Mayor to execute the same. 11A - ORDINANCE NO. 4775 (SECOND READING) APPROVING CITY'S 2002-2007 SIX-YEAR TRANSPORTATION PLAN (#AB01-212): First reading of this ordinance was heard at the Council meeting on September 26, 2001. Jack Lefcoski discussed his support for additional bridges to alleviate traffic congestion. Mike Karpin asked if there were any plans to alleviate the congestion at the intersection of Highways 303 & 304, and asked if there were plans for additional signage near Wycoff to assist the flow of traffic. Ms. Arends noted that she has spoken with Engineers in the Public Works Department regarding these very same issues, so knows that they are aware of the problems. #2025 M/S/C/U (Reed/Younger) Move to pass Ordinance No. 4775 on second reading, which approves the City's 2002-2007 Six-Year Transportation Improvement Program, and direct the Mayor to forward the Ordinance and Plan to the Department of Transportation, Local Programs Office. 11 B - ORDINANCE (FIRST READING) EXTENDING CASCADE NATURAL GAS CORPORATION FRANCHISE FOR ONE-YEAR (#AB01-216): Paula Johnston, Deputy City Clerk, announced that the attached ordinance grants a one-year franchise to Cascade Natural Gas Corporation. City staff recommends a one-year franchise to allow time to properly prepare to negotiate a new longer-term franchise. It was noted that the many changes in state and federal law regarding ROW use and the lighting and heating industry create some uncertainty regarding favorable franchise terms. Darrel McDorman didn't understand why he did not receive gas to his home, while areas on either side of him receive it. Ms Johnston assured him that rates are reviewed on a regular basis, and accessibility to residents is reviewed during franchise negotiations. He was also invited to contact the Department directly regarding his concerns. #2180 M/S/C/U (Younger/Reed) Move to approve Ordinance on first reading granting a one-year franchise to Cascade Natural Gas Corporation. 11C- ORDINANCE (FIRST READING) REGARDING TELECOMMUNICATIONS AND MASTER PERMIT (#AB01-217): Paula Johnston, Deputy City Clerk, pointed out that when the Kitsap Public Utility District (KPUD) announced their plans to construct a fiber telecommunications system throughout the county, the cities in Kitsap County agreed to pass a common telecommunications ordinance to guide the use of public rights of ways by Telecommunication Systems. This comprehensive ordinance details the purpose, policy guidelines, definitions, Master Permit requirements, general conditions for use of the public rights of way, taxes and fees, protection of the City and its residents and enforcement and remedies. Staff believes that this ordinance will send a positive signal to telecommunications companies hoping to do business in Kitsap County that they will be able to rely on some level of uniformity of rules and regulations between the various cities. TAPE #1796 City Council Reg. Mtg. Minutes October 3, 2001 Page 5 of 5 There were no comments from the public. #2420 M/S/C/U (Shepherd/Reed) Move to approve Telecommunications Ordinance on first reading. With the conclusion of regular Council business, the Council meeting was adjourned at 6:45 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 BREMF/~TON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October 17, 2001 ORIGINATING DEPT: Executive Public Facilities District Proposal ORIGINATOR: Mayor Horton Consultant Contracts; and Budget Adjustment DATE SUBMITTED: 10/11/01 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) -BUDGET ADJUSTMENT NO. 2001-18 -Consultant n~u~es and rates to be provided by Wednesday ENDORSEMENT.X INFORMATION APPROVED BY COUNCIL PRESI.~ENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIE ACTION: The Public Facilities District has included the City of Bremerton's proposal for a Regional Conference Center at Sinclair Inlet on their short list for funding. They have required a hotel/conference center/parking garage feasibility study and a financial analysis. Ail to be complete in no more than 90 days. Approval for the following contracts is requested: 1. Conduct a hotel/conference center feasibility study. 2. Conduct a parking garage feasibility study. 3. Conduct a financial review. 8. RECOMMENDATION: TWO MOTIONS REQUIRED: 1. Move to approve consultant contracts for feasibility studies and financial reviews of the proposed Regional Conference Center at Sinclair Inlet. 2. Move to approve Budget Adjustment No. 2001-18 9. RESPONSIBLE OFFICIAL: Executive. ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AM~D~ ~ COUNCIL DIRECTIVE: Date: 1~. AGENDA BILL NO: 0/~ 2J~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City will not receive 7.5 million from the PFD for the conference center. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: GEN. MISC. / Adjustment Number: 2001 #18 COMM. DEV. BLOCK GRANT Approval Authority Required: ]--~Treasurer i-]Mayor I-- Fiscal & Budget I~-lCouncil COMM. DEV. BLOCK GRANT: Reduce - Ending Cash 100,000 Increase - Transfers Out 100,000 GENERAL FUND: I ncrese. Transfers I n 100,000 Increase - Professional Services 100,000 NARRATIVE: This adjustment will provide financing and expenditure authority for market and financial feasability studies of the City's proposed hotel, conference center, parking facility on the downtown waterfront. Department Head Signature Date Director Signature Date Treasurer Comments: Recommended ~ Not Recommended ~.~i~-4..iL), Treasurer's Sisnature ~ Dat~ Mayor Comments: Recommended ~ Not Recommended ~ Approved ~ Denied ..~.-' _(~ ~ /O/z.~;, Mayor's Signature Date Fiscal & Budget Committee Comments: i---] Approved i----] Denied Fiscal & Budget Committee Signature Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Traffic Safety Coordinator FOR AGENDA: Oct 17, 2001 Employment Service Contract Addendum ORIGINATING DEPT: Police ORIGINATOR: Chief Forbes DATE SUBMITTED: Sep 28, 2001 2. CLEARAN,IL~. [(Comment on back ifnecessary) 3. EXHIBITS: Treasm-er ~ _ ,.~ Washington State Letter, Budget Adjustment and Pohce Ch~ef,,fi¢.~",¢~,¢/.,~.. 2~ ~t~'l~g_._.~ Employment Service Contract Addendum, DUI Task Budget & Finical Commi~~-~/~' Force Coordinator's First and Second Quarter Reports Operations Committee ~ ' ' ~"~ for 2001 ENDORSEMENT X INFORMATION [--] APPROVED F~F~ SUBMITTAL BY CO .- ~ : 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City applies for and accepts the Washington Traffic Safety Commission Bremerton-Kitsap County Traffic Safety Task Force Project funding grant of $60K. This grant establishes and serves as the primary funding source for the Traffic Safety Coordinator's salary and wages. The City of Bremerton received an additional $5,750.00 following the second session of the State Legislature. The WTSC authorized and stated that the additional funding could be applied to salary and wages. The Department concurs with this guidance and because of the specialized duties required of the Coordinator's position, Chief Forbes wants to apply the $5,750.00 to Shirley Wise's salary. 5. RECOMMENDATION: Approve accepting the additional funding, a budget adjustment and addendum to the service contract that puts the $5,750.00 into the Coordinator's salary over the next two years. 6. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Chief Forbes EXPIRATION DATE: 06/30/2003 REVIEW DATE: 7. NOTICE OF ACTION: PULLED [-~ TABLED [-q APPROVED [~ DISAPPROVED [-q AMENDED [-~ DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: The City and County will lose the use of the funds and position. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The funds are used to employ a Traffic Safety Coordinator. In the absence of this position, expected DUI deterrence goals will not be met. Seatbelt educational programs on usage will be stopped. Programs to facilitate reducing underage drinking and young driver fatal and serious injury collisions will be eliminated. Finally, supplemental bicycle safety and pedestrian education programs in the community will be terminated. 11. RESEARCH SOURCES: Bremerton-Kitsap County Health District - US Census Bureau - Kitsap County Demographics; Office of Administrator of the Courts; Washington State Traffic Safety Commission; and local surveys. Clearance Comments: STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St., PO Box 40944 o Olympia, Washington 98504-0944 · (360) 753-6197 August 6, 2001 Shirley Wise, CoOrdinator Bremerton-Kitsap County Traffic Safety .Task Force ' Bremerton Police Department 239 4~ Street - Bremerton, Washington 98337 Dear~ Shirley: Enclosed is an amendment to your Project Agreement (Project # 03ST-13), increasing the Task Force budget for the 2002-2003 biennium to $65,750. This increase reflects the new state budget for the Task Forces that was passed by the legislature this past session. I know that $5,750 is not a huge amount of money to spread over two years, but hopefully this is just the first step in the right direction. I hope that these additional-funds may be applied to salaries and/or benefits, but I know that this may not be possible depending on agency rules. PleaSe return a copy of the amendment signed by your agency and also a revised budget page for the Project Agreement. Thank you again for all your hard work, and don't hesitate to call if you have any questions. Sincerely, Gina Beretta WTSC Task Force Program Manager 1,3 STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION AMENDMENT NO. 1 TO Project No. 03ST-13 Washington Traffic Safety Commission Project No. 03ST-13 by and between the Washington Traffic Safety Commission and City of Bremerton, is amended as follows: Section 3, Budget Summary, is hereby revised to reflect an increase of $5,750 in the funds allocated for the 2002-2003 biennium. The revised total for the biennium is $65,750. Any substantive changes to the contractor's scope of work resulting from this amendment must be documented by the contractor and approved by the Traffic Safety Commission. The effective date of this amendment is July 1,2001. ALL OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, the AGENCY and CONTRACTOR have signed this contract. City of Washington Traffic Bremerton Safety Commission -i'itl~" / Date Ti~f~ // ' 'Date DUI Task Force Continued: Conducted two monthly booster seat workshops and child passenger safety workshops that are designed for Iow-income families. With State Trooper Ray Schierhoff provided a segment on Inside Bremerton highlighting the child passenger safety team and the Safe Kids inaugural event. Attended a press conference in Olympia featuring First Lady Mona Locke. She acknowledged all the statewide child passenger safety teams. Presented the introduction to alcohol and drugs to Bremerton Jr. High School's health classes. This was to all health classes for the day. Delivered presentations to four driver's education classes at Central Kitsap High,School, one at Bainbridge Island High School and one a Klahowya Secondary School. Presented three ATD (Alcohol Treatment Department) classes at Naval Station Bremerton. This is for in-house treatment offenders. Three Washington State Patrol troopers, a deputy coroner and Shirley conducted a safety stand down at PSNS for the FICS building where 40 people attended. Provided a presentation at the quarterly NDACC meeting at PSNS for all commands from all the local military bases including Everett. Attended the Three-Flags conference and an eight-hour session on rescue guidelines and updates on airbag safety and crash dynamics. Attended a four-hour session from the Department of Licensing for law enforcement agencies and associated court personnel who conduct suspended driver programs. Records Management The Records staff assisted over 1,500 citizens at the walk-up service window, which included processing 148 fingerprint cards and 52 concealed pistol licenses. The staff responded to over 3,000 telephone calls and inquiries. They entered over 4,056 incident reports in the RMS. A total of 102 false alarms were billed in accordance with Ordinance 4284. Also, Records revenue for the first quarter was Concealed Pistol License - $820.00; Fingerprint Fees -$1,652.00; Record Searches - $1,906.00; False Alarm Fees - $4,345.00 and Domestic Violence Filings -$315.00. Other tasking included reconciling and updating 626 Cdminal Complaints in the RMS, performing 156 ACCESS background checks for outside agencies, completing stipulations and closing cases from 1,213 Municipal Court Dispositions, and several special assignments as directed by the City and State. Two hundred and two copies of police reports were provided to insurance agencies. In addition, 111 record searches were performed. Bremerton Police Department First Quarter Report, 2001 DUI Task Force: The Bremerton-Kitsap County Traffic Safety Task Force identified four major objectives for the current grant period: A) Reduce the number of collisions and increase the use of seat belt restraints, B) Continue to increase DUI deterrence through interagency law enforcement coordination and cooperation, reduce the number of alcohol-involved collisions, and decrease economic losses, C) Reduce the high incidence of youthful driver fatal and serious injury collisions, D) Reduce the number of injuries and.fatal pedestrian and bicycle collisions. During this quarterly report time we conducted 6 monthly traffic safety patrols involving 10 agencies. In conjunction with the regular monthly emphasis patrols, sting operations were conducted focusing on underage purchasing or adults purchasing for underage minors. Presented to the Teen Advisory Council, Youth Commission and county commissioners what the RUAD project is, how it will impact and affect Kitsap County and the involvement of all agencies. Coordinated and worked with Kitsap County Housing Authority, Juvenile Department, KCSO, Port Orchard Police, Port Gamble Tribal Police, WSP, Bremerton Fire, South Kitsap Fire, Coroner's Office and Gateway Towing to film and make a video using at- risk youth showing the illegal purchase of alcohol, arrest, single vehicle roll-over collision with fatality, and the complete booking process through the Juvenile Department. This project was done under the RUAD grant. Three monthly traffic safety task force meetings were held. Organized and held a four-hour FAME training at Kitsap County Sheriffs Office with Chief Raul Almeida from Mabton Police Department. WTSC sponsored this training. Delivered three presentations at the monthly Youth Victims Panel where students from the local drivers education classes and court order referrals attend. Over 40 youth were in attendance. Attended two MADD meetings. Conducted three License for Employment-Suspended Driver classes. Successful since August with the pilot of this program, we are working on administration and budget details. Helped with the coordination of the successful kick-off of the Kitsap Safe Kids event that was held on Sunday, February 11. Over 120 bicycle helmets were sold at $5.00 a piece and checked over 80 child car seats. Had great media coverage. More agencies, private businesses and citizens have joined the Kitsap Safe Kids as we conduct more car seat check-ups now being held monthly. Conducted an eight-hour car seat checker training session with Kathy Aldddge at Central Kitsap Fire in preparation for the Safe Kids Kick-Off event. Bremerton Police Department First Quarter Report, 2001 Page 11 DUI Task Force: The Task-Force submitted to the National Highway Traffic Safety Administration, a grant proposal to address the issue of Iow seat belt usage in these high-risk areas. The proposal is data driven with demonstrated Iow usage involving child passenger car seats and booster seats, tdbal population, and the high incident of teen involved crashes in the north end of Kitsap County. We have a detailed plan outlined to implement this project immediately to address occupant protection. NHTSA will be notifying grantees of the $50,000 award by August 15, 2001. During this reporting time we conducted six monthly traffic safety patrols involving ten agencies. These patrols continue to be successful by the number of contacts made and arrests for DUI, MIPs, outstanding warrant contacts, speed and defective equipment citations. The average number of contacts range from 120 to 160 during an average seven-hour shift involving approximately 14 officers for each patrol. Work continues on the RUaD (Reduce Underage Drinking) project. Conducted two meetings with the Partnership and Planning committee where work was done on the mini-grant requests from the Youth Conference and then planning for the next Youth Conference that will be under the second year contract. We are planning and designing media messages and the best method of how to reach our target audience. We are incorporating both alcohol and tobacco funding and media literacy partners. Under the enforcement phase of the RUaD project we conducted three undercover operations using minors. These operations are fun for officers to participate in, because they are different and vaded from their normal routine duties. We have been successful with these operations. Continued to meet, plan, and work with the Community Needs Assessment group. After several months of work we have a completed project that will be very useful and has already been put to use in writing and preparing grants. From this group we have developed our Grant and Media partnership where key members who are very involved in several different prevention programs meet to brainstorm, discuss and plan proposals and media messages. Worked with Washington State Patrol, tribal councils, and several members from law enforcement on the NHTSA Seatbelt Demonstration Proposal. This proposal took lots of time gathering information and data, meeting with each tribal police agency, tdbal council and elders to get their buy-in and agreement to participate and partner with this project. Prepared, planned and completed the mock crash at Bremerton High School. This event was a success due to the great student participation. We had the chance to work with several bright and imaginative students who were a pleasure to get to know. Even in the pouring rain everything went smooth. Bremerton Police Department Second Quarter Report, 2001 Page 11 DUI Task Force Continued: Conducted safety standdowns at Naval Station Bremerton. Two of these standdowns were for aircraft carriers. The first was a safety fair attended by over 5,000 personnel and family members from the Carl Vinson. This was held on board the carrier in the hangar deck area. The next one was a very successful alcohol and drug presentation for the Abraham Lincoln; approximately 2,200 personnel attended this standdown. The reason for the huge success was due to the cooperative partnership with the Snohomish County and Kitsap County task forces. Coordinator Tracy McMillan and Deputy John Cummings came over to show Snohornish County's support for the Lincoln since it is home ported in Snohomish County and here in Kitsap for refurbishment. The importance of this standdown is due to the high number of DUI incidents from the Lincoln while in Kitsap and also a tragic fatality on Memorial Day weekend in Kitsap; the reports to date from the Lincoln are no alcohol related incidents since the training. Also, conducted a safety standdown for the FISC building where approximately 30 personnel attended. Records Management The Records staff assisted over 1,644 citizens at the walk-up service window, which included processing 133 fingerprint cards and 60 concealed pistol licenses. The staff responded to over 3,000 telephone calls and inquiries. They entered over 3,852 incident reports in the RMS. A total of 91 false alarms were billed in accordance with Ordinance 4284. Also, Records revenue for the second quarter was Concealed Pistol License - $861.00; Fingerprint Fees - $1,414.00; Record Searches - $2,260.23; False Alarm Fees - $6,145.00 and Domestic Violence Filings - $245.00. Other tasking included reconciling and updating 533 Criminal Complaints in the RMS, performing 40 ACCESS background checks for outside agencies, completing stipulations and closing cases from 1,365 Municipal Court Dispositions, and several special assignments as directed by the City and State. Two hundred and seventy-seven copies of police reports were provided to insurance agencies. In addition, 98 record searches were performed, 85 public disclosure requests answered, and 71 federal government agency background checks conducted. Bremerton PoLice Department Second Quarter Report, 2001 Page 12 PROFESSIONAL SERVICES AGREEMENT Traffic Safety Coordinator - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Shirley Wise, (hereinafter "Traffic Safety Coordinator"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WlTNESSETH: WHEREAS, the parties entered into a professional services agreement for professional services to be provided to the City by the Traffic Safety Coordinator on July 1, 2001 to June 30, 2003; and WHEREAS, the parties wish to amend the agreement to provide for additional compensation; NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section 4. Compensation, is amended to read: That gross compensation for services rendered under this agreement shall be Thirty Six Thousand Three Hundred Twelve and 72/100 Dollars ($36,312.72) annually. All other terms and conditions of the parties July 1,2001 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this __ day of October, 2001. CITY OF BREMERTON Traffic Safety Coordinator BY: BY: LYNN S. HORTON, Mayor Shirley Wise DEPARTMENT APPROVAL: Robert D. Forbes, Chief of Police APPROVED AS TO FORM: Loren D. Combs, Interim City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October 17, 2001 HOME Recommendation ~I t~ i ORIGINATING DEPT.: DED ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: October 1,2001 2. CLEARANCES: 3. EXHIBITS: Options for the Development of 704 Chester City Attom~~./~ Fiscal and Budget Committ~e~/~~'r- /cl-~ Operations Committee ~ ~ ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESID~ SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income persons. The Low Income Housing Institute (LIHI) is requesting a deferred loan of $592,850 in HOME funds to purchase the property at 704 Chester to develop as affordable family housing and $33,000 to make immediate repairs after acquisition. LIHI will subsequently pursue a financing plan to obtain over $5,800,000 to complete a major renovation of the property to provide 57 units of affordable housing. The City Council approved a HOME grant to LIHI in January to determine the feasibility of purchasing the property. The feasibility study has been completed and two options, 1) rehabilitation of the existing structure as affordable family housing and 2) demolition and reconstruction of new units as senior housing, were considered. The option with demolition has a funding gap of approximately $1,300,000 which makes it infeasible. Affordable safe family housing is needed in Bremerton. The City's HOME policy allows for projects that promote rehabilitation and renovation of existing buildings. LIHI has the demonstrated ability to develop the project. We recommend approval of the funds. 8. RECOMMENDATION: 0/love to allocate $625,850 from the HOME program to LIHI to acquire the property at 704 Chester, make immediate repairs and develop into safe affordable family housing. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: ~ REVIEW DATE: 10. NOTICE OF ACTION PULLED__ TABLED__ APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: AGENDA BILL NO ~/~,~09C 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Project will not be developed 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHE~R RESOURCES: None 7. RESEARCH SOURCES: Feasibility Study Chester Manor OPTION- MAJOR BUILDING RENOVATION: Building Interior This option would entail extensive reconfiguration of all floors. Removal of many of the non- beating interior partitions, the interior finishes and fixtures will allow better design of the apartment layouts, with a mix of one bedroom and studio units approaching the existing number of units. Each renovated unit would have a full kitchenette and bathroom, with ctosets in the bedrooms land off living rooms of studio units). This extensive demolition will allow for plumbing, electrical and fire sprinkler upgrades. Proposed structural upgrades will not replace elements of the existing structural systems, but would add plywood sheathing to roofs, walls and floors, and concrete or masonry infill walls between selected columns supporting the east wing, which are in addition to the existing structure. Mechanical and electrical services would be consolidated on the basement level in current spaces, as well as spaces not suitable for habitable rooms. The remainder of the usable basement area will be devoted fo temporary storage related fo the residences. Circulation/Life Safety The existing building will be upgraded to Type V One-hour rated construction, instead of the current Type V-N. interior corridors will be one-hour rated. An area separation wall will be required to divide the building into two pads to meet the maximum area restrictions of the code. Existing stairs will be retained in the east wing and middle of the building. However, the east wing stairs will be enclosed to the ground level, instead of being open below the 1st floor as af present. The stairs at the north end (original building) will be replaced entirely with a new stair and enclosure which will exit at the first floor level to 8Ih Street. Laundry rooms would be provided at three main floors. Building Exterior The existing wall finishes and windows will be retained. The exterior of the building woutd be repaired and receive new paint and composition shingle roofing (single ply roofing at flat roofs). The existing entry canopy would be replaced with a more aesthetically attractive entwway. The new canopy could not extend beyond the current setback requirements. Building systems New ventilation systems (bath and kitchen exhaust, as well as common areasJ, plumbing system, fire sprinkler system, electrical system and telephone system would be provided. The existing hot water heating system would be repaired and upgraded. Cable TV or data connections will not be included, nor will air-conditioning (cooling) systems. Site The existing site would remain without new improvements except as needed for utility upgrades, as required. Feasibility Study Summary This option will provide an significant upgrade to the building, with a more compatible and more cohesive exterior appearance. The size and configuration of the resulting residential units will be more efficient. There would be about 47 one-bedroom apartments of between 450-550 square feet each and 9 studio apartments of about 320 square feet each, and one 900 square foot two-bedroom manager's apartment and adjacent office near the Chester Avenue entry. The interior finishes and fixtures would be entirely upgraded. Anticipated Cost of Full Renovation .,fi3.8 million Hard Cost per Apartment Unit $67,000 DEVELOPMENT BUDGET Project: 57 Units Sources of Funds Total Cost Private Sb3te City of Funding Acquisition Costs: Lender OCD Bremerton LIHTC FHLB Gap Purchase Pdce $800,000 · Closing, T~e & ReCording Costs $2,850 Construction Basic Construction Contract $3,772,008 Hazardous Abate. & Monitadng $61.770 Construction Contingency ( 10%) $383,378 Sales Taxes $314,370 SUBTOTAL $4,531.526I $0I $0I $0] $0I $0I $0 Development Costs: Professional Appraisal/Market Study 57,000 Architect/Engineer $339,481 Environmental Assessment $19,000 Surveys 56,400 Legal $20,000 Developer Fee $495,000 Consultant Fees Offer:. Contingency for soft costs (5%'. $18,664 SuBToTAL S905,5~51 SOI 50 I S01 501 50t SO Other Development Costs Real Estate Taxes $5,613 Insurance $9,430 Bidding Costs $3,852 Pen'nits, Fees & Hookups $47,150 Impact,qvlitigation Fees Relocation Costs $97,500 Development Pedod Utilities $5,950 Construction Loan Fees $17,500 Construction Interest $76,125 Lean Origination Fees $21,250 Tax Credit Fees $48,316 Accounting/Audit $12,000 Marketing/Leasing Expenses $4,000 Carrying COsts at Rent up $20,000 Operating Reserves $40,000 Other: suBToTAL $408,686 I S01 Sol $ol sol $ol 5o Total Development Cost: { $6,448,607 [ $860,000 [ $950,000I $602,850I $3,591,000 [ $39e,943 ] $45,814 Feasibilih/Study New Construction Options Further options for new construction are outlined below. Option 2a - Construct 15 units of senior housing: 1 bedroom single story units at 600 square feet each. Each unit would have ifs own laundry facility. Anticipated construction cost, including site development and demolition and abatement of the existing facilities, is $1.53 million. Option 2b - Construct 25 units of senior housing: Units as described above. Anticipated construction cost, including site development is $2.11 million. Option 2c - Construct 40 units of housing: 30 single bedroom units at 600 square feet each and fen 2-bedroom units af 850 square feet. Units would be in a two or three story building, with parking as required. Anticipated construction cost, including site development is $3.21 million. Site and common area costs for these examples remained the same as the estimated costs for the townhouse unit option. Square footage costs for building construction in ali three options was estimated at $96 per square foot. Feasibility Study Chester Manor NEW CONSTRUCTION OPTION New Buildings: This option would entail completion demolition of the existing building and foundations, and regrading of the entire site. Current zoning requirements would permit 15 units on the site, with the maximum building size being a triplex. Five buildings of three units each are planned, with a manager's office/storage. No community room will be provided due to the small number of units and limited site area. Each unit would have its own laundry facilities. Each unit would consist of a two-story townhouse with three bedrooms, for approximately 1160 square feet each. One of the units would be an accessible unit. Site: The site would be regraded and buildings located toward the middle of the site to reduce retaining walls to a minimum. The property consists of ten existing parcels, which would be grouped into five to accommodate each building. A play area with play equipment would be located on site. Parking would be provided at the rate of five spaces per building, to accommodate the requirement for 1.5 spaces per three bedroom unit. Parking spaces would be accessed off the alley. Most of the site would be planted in lawn with some planting beds. Under current regulations, a stormwater system would not be required, since the amount of impervious area would actually be less than the existing. Please note: If the new DOE stormwater regulations go info effect and are adopted, a sizable detention system would be required, and would require costly underground piping, since there would be insufficient space on site for a detention pond. Summary: This option would provide new buildings in keeping with the current zoning requirements, and in scale with the surrounding residential neighborhood. This would significantly reduce the number of units available to rent from the current 57 to 15. Three bedroom units would provide the most square footage on the site of the standard choice of unit types. Anticipated Cost of New Construction $2.7 million Hard Cost per Apartment Unit $180,000 Additional Contingencies: Storm detention system (future regulations) $100,000 Addition of fire hydrants $20,000 DEVELOPMENT BUDGET Project: 15 Units New Construction Sources of Funds Total Cost Private State Fund Acquisition Costs: Lender OCD City LIHTC FHLB Gap Purchase Price $600,000 Closing, Title & Recording Costs $2,850 SUBTOTAL S602,850 I S01 S01 S01 S01 S01 Construction Basic Construction Contract $1,471,962 Hazardous Abate. & Monitoring $61,770 Construction Contingency ( 1 O%) $153,373 Sales Taxes $125,766 SUBTOTAL $1,812,871 1 sol sol sol sol sol so Development Costs: Professional Appraisal/Market Study S7,000 Architect/Engineer $132,477 Environmental Assessment $19,000 Surveys $6,400 Legal $20,000 Developer Fee $270,000 Consultant Fees Other. Contingency for soft costs (5%) $8,294 SUBTOTAL $453,~70 I S01 S0t S01 S01 S01 SO Other Development Costs Real Estate Taxes $5,613 insurance 53,680 Bidding Costs 52,850 Parr'nits, Fees & Hookups $18,400 Impact/Mitigation Fees Relocation Costs $247,500 Development Pedod Utilities $4,250 Construction Loan Fees 511,000 Construction Interest $41,250 Loan Origination Fees 55,600 Tax Credit Fees $13,616 Accounting/Audit $8,500 Marketing/Leasing Expenses $3,000 Carrying Costs at Rent up $10,000 Operating Reserves 525,000 Other. SUSTOTAL $400,259 I SOt S01 S01 S01 S01 SO TotaIDevelopment Cost: I $3,279,150[ I I $5°2'85°1 5945,°°°1 $~°4,9851 No Section 8 Project Based Contract $29(3,000 $1,336,315 = Section Project Based Contract S475,000 $1,151,315 2'7 DEVELOPMENT BUDGET Project: 25 Units New Construction Sources of Funds Total Cost Private 'State Fund Acquisition Costs: Lender OCD City LiHTC FHLB Gap Purchase Pnce $600,000 Cl(~sing, Title & Recording Costa $2,850 Construction Basic Construction Contract $2,047,962 Hazardous Abate. & Monitoring $61,770 Construction Contingency ( 10%) $210,973 SaLes Taxes $172,998 Development Costs: Professional Appraisal/Market Study $7,000 Architect/Engineer $184,317 Environmenta~ Assessment $19,000 Surveys $6,400 Legal $20,000 Developer Fee $329,259 Consultant Fees Other: Contingency for soft costs (5%) $10,886 SUBTOT^L $~76,861 1 .... sol sol s01 sol $ol Other Development Costs Real Estate Taxes S5,613 Insurance $5,120 Bidding Costs $2.,850 Permits, Fees & Hooku~3s $25,800 Impact/Mitigation Fees Relocation Costs $247,500 Development Period Utilities S4,250 Construction Loan Fees $13,000 Construction Interest $48,750 Loan Origination Fees $12,400 Tax Credit Fees $21,878 Accounting/Audit $8,500 Marketing/Leasing Expenses S5,500 Carrying Costs at Rent up $15,000 Operating Rese~es $30,000 .., Other:. S~BTOT^L $44~,9el I S01 S0[ $0I "$0.1 $01 ~0 Total Development Cost: [ $4,119,375I I I S602,850I $1,575,000 J $174,975 No Section 8 Project Based Contract $505,000 S 1,341,550 Section 8 Project Based Contract $820,000 $946,550 DEVELOPMENT BUDGET Project: 40 Units New Construction Sources of Funds Total Cost Private State Fund Acquisition Costs: Lender CCD City LIHTC FHLB Gal:) Purchase Pdce 2600,000 Closing, T~tle & Recording Costs $2,850 ! SUBTOTAL $602,850 t 201 S0i S01 S01 S01 20 Construction Basic Construction Contract $3,151,962 Hazardous Abate. & Monitoring $61,770 Construction Contingency ( 10%) 2321,373 Sales Taxes $263,526 SUBTOTAL $3,798,631 [ 2ol sol 2ol 2ol 2oi so Development Costs: Professional Appraisal/Market Study $7,000 Architect/Engineer 2283,677 Environmental Assessment $19,000 Surveys $6,400 Legal $20,000 Developer Fee 2437,139 Consultant Fees Other, Contingency for soft costs (5%) $15,854. SUBTOT^L $789,070 I S01 S0t 201 $01 $01 S0 Other Development Costs Real Estate Taxes $5,613 Insurance $7,880 Bidding Costs $2,850 Permits, Fees & Hookups $39,400 Impact/Mitigation Fees Relocation Costs $247,500 Development Period Utilities $4,250 Construction Loan Fees $15,000 Construction Interest $56,250 Loan Ongination Fees $15,600 Tax Credit Fees 934,271 Accounting/Audit $8,500 Marketing/Leasing Expenses $7,500 Car'wing Costs at Rent up $25,000 Operating Reserves $40,000 Other, .. SUBTOTAL $509,614'I sol sol sol so[ sol 2o Total Development Cost: I $5,700,164 I i [ 2602,850 I $2,520,000 I $279,960 [ I No Section 8 Project Based Contract $905,000 $1,392,354 Section Project Based Contract S 1,425,000 9872,354 PHASE I ENVIRONMENTAL SITE ASSESS~ CHEgI'ER MANOR APARTMENTS 704 CHESTER AVENUE B~-MERTON, WASHINGTON 8.0 FINDINGS AND CONCLUSIONS ATC Associates Inc. has completed a Phase I Environmental Site Assessment with aSbestos and lead sampling of the Project Site located at 205 Eaxt Main Street, in Auburn, WaShington. The purpose of this Phase I ESA was to identify and document the current and historical environmental conditions of the site and the presence of substances which indicate an existing, pas~ or potential adverse impact to the air, soil, groundwater, or surface water as a result of operatiorm on the site and adjacent and mm-otmding properties, and which may indicate that fm'ther investigation may be necessary to evaluate the potential environmental liabilities associated with the site. The Phase I ESA included asbestos and lead sampling; a review of environmental agency databases and historical documents; visual observations of the ProJect Site and neighboring properties. A summary of the findings is listed below: Hazardous Materials Storage, Handling and Disposal · Based on observations no recognized environmental conditions were observed of the current activities at the Project Site. Storage Tanks · An Undergrotmd Storage Tank (UST) fillport was observed at the project site on the east side of the building, located at the southwest end of the basketball court and confirmed to be present through an interview with Craig Coons, the building owner. The status of the UST is unknown. The presence of an UST is a potential environmental condition. Prior to any redevelopment that impacts the area of the UST including its associated piping, a subsurface- (soils) assessment may be necessary to determine if a release of petroleum had occurred. Asbestos-Containing Materials (ACM) · Asbestos-containing materials (ACMs) were identified at the Project Site. ATC recommends that an Operations and Maintenance (O&M) Program should be implemented to manage the ACMs and any presumed ACMs. The O&M Program should remain in effect until the ACMs are removed from the facility. Prior to any renovation/remodel or demolition work, a comprehensive "Good Faith" survey of the ACMs or presumed ACMs should be conducted to determine if other suspect materials are present w/thin areas scheduled to be impacted. · Lead in paint was identified at the Project Site. All the samples were analyzed and found to contain lead included brown paint, yellow paint, green paint, cream paint, gray paint, blue paint, silver paint and beige paint. The lead paint survey was not comprehensive and was not intended to be used for construction and/or demolition purposes. Further testing for lead paint may be necessary to inform contractors of substrate that may be impacted by future renovation work. Furthermore, if Federal HUD funding is secured for this Project Site, lead abatement of the building system may be necessary to be in compliance with HUD guidelines. In the meantime, ATC recommends that adequate worker safety and general public safety measures ATC Associates Inc. 16 Project No. 76.09190.1231' 30 PHASE I ENVIRONMENTAL SrI'E ASSF..SSMENT CI-IF. SrER MANOR AP~ 704 C2-IESTER AVENUE BREME~ON, WASHINGTON be performed during the disturbance of paint containing regulated levels of lead. Disturbance of lead paint should be conducted in accordance with the Depastment of Labor and Industries' requirements. * Non-labeled electrical light fixture ballasts are presumed to contain PCBs. These light ballasts should be consolidated and removed/disposed as ha?ardous waste or transferred to a recycling station. Historical Use Research Prior uses of the Project Site have included a hospital, nursing home and Chester Manor Apartment. ATC found no evidence that the past or present use of the Project Site has caused actual or potential adverse impacts to the environmental quality of the Project Site with the exception of the presence of an UST. Environmental Agency Database Review · No past or current tenants at the Project Site were listed. · No immediate adjacent facilities were listed by various regulatory agencies. Several facilities in the general vicinity are listed but do not appear to have direct impact to the Project Site. Most of these facilities have either undergone or are undergoing Independent Remedial Actions. Based on the reviewed information concerning listed facilities, these properties currently do not represent an environmental concern to the Project Site. i ATC Associates Inc. 17 Project No. 76.09190.1231' AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October 17, 2001 HOME Recommendation ~C~-~ ORIGINATING DEPT.: DED ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: October 1, 2001 2. CLEARANCES: 3. EXHIB~S: City Attorney- Fiscal and Budget Commi~e~:~/~0/-r~,ovo.~~'p'--~ ~S Operations Committee c.~~ ~ ~-ccQ.~/ ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDI,~T FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds fi:om the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for low income persons. Kitsap Community Resources is requesting a set-aside of $200,000 in 2002 HOME funds to develop a lease/purchase program within the City of Bremerton. KCR would identify families eligible to participate in the program. Between four and six units would initially be purchased by KCR the units would be repaired and leased to families under a lease with the option to own program. As the families purchase the homes, subsidy funds will be revolved to assist additional families. This project is consistent with HOME regulations and the City's HOME policy. We recommend approval of the funds. 8. RECOMMENDATION: I move to allocate $200,000 fi:om the HOME program to Kitsap Community Resources to develop a lease/purchase program within the City of Bremerton. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: ~ REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: AGENDA BILL NO C [ ~ o~.~7 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Project will not be developed 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CASAD DAM INTAKE TOWER FOR AGENDA OF: October 17, 2001 SEISMIC UPGRADE PROJECT - PROFESSIONAL ORIGINATING DEPT: PW&U Engineering Div. SERVICES AGREEMENT FOR DESIGN SERVICES ORIGINATOR: Jennifer Strehler, City Enginee~?'~ WITH ACRES INTERNATIONAL CORPORATION DATE SUBMITTED: October 3,2001 2. CLEARANCES: (comment on backt~~ /~ 3. EXItIBITS Director, Public Works/Utilities ~ City Attorney A. Professional Services Agreement with City Treasurer Acres Intemational Corporation Council Budget & Finance Committee (AD:& ~.,~~,~ Operations Committee ~~-~. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUI~L ~CTION: Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services Agreement with Acres International Corporation to provide engineering services for the Casad Dam Intake Tower Seismic Upgrade project. The Casad Dam Intake Tower Seismic Upgrade project includes design and construction management of structural reinforcement to resist seismic loads on the Casad Dam intake tower. The not-to-exceed amount of the agreement is $152,858.00. The request before the City Council is approval of an agreement for professional services with Acres International Corporation. 8. RECOMMENDATION: Move to approve a Professional Services Agreement with Acres International Corporation to provide engineering services for the Casad Dam Intake Tower Seismic Upgrade project, in an amount not to exceed $152,858.00, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED l~N~_ COUNCIL DIRECTIVE E~~__ 11. AGENDA BILL NO: 0 [ - 'fl'~8 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will be not be able to construct the improvements to the intake tower which may leave the tower vulnerable to damage fi.om an earthquake. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Sufficient funds are available to do this work through Washington State Drinking Water State Revolving Fund (DWSRF) funds. City staffwill administer and monitor the contract with Acres International Corporation. 7. RESEARCH SOURCES Not Applicable. ab/Agenda Bills 2001/PSA with Acres International PROFESSIONAL SERVICES AGREEMENT CITY OF BREMERTON - CASAD DAM INTAKE TOWER SIESMIC UPGRADE PREDESIGN, DESIGN, AND BID SUPPORT SERVICES ACRES INTERNATIONAL CORPORATION THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City" and "Owner") and Acres International Corporation (hereinafter referred to as "Consultant"). WITNESSETH: 1. SCOPE: Consultant agrees to provide engineering services for the predesign, design, and bid support services of the Casad Dam Intake Tower Seismic Upgrade, as further described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit "A" (Scope of Work). 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 2002, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total compensation (Cost and Fixed Fee) under this Agreement shall not exceed $152,858.00. Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said invoice for payment. The undisputed amount of said invoice shall be paid within 30 days of receipt. Additional services which may be requested by the City will be paid for by the City at the rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind PROFESSIONAL SERVICES AGREEMENT -1- Acres International Corporation- September 26, 2001 neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current City of Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when due. 7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and in aggregate and commercial general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the commercial general liability insurance policy. If such policy is written on a claims made form, the retroactive date shall be prior to or coincident with the date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. If, at any time, claims from work performed by the Consultant outside of this contract, reduces the amount of insurance available for claims under this contract to an amount less than the minimum required coverage, the Consultant shall immediately purchase additional coverage to ensure the minimum required coverage is available for this contract. Claims made form coverage shall be maintained by the Consultant for a minimum of three years following the termination of this Contract, provided that such coverage is generally available at reasonable cost, and the Consultant shall annually provide the City with proof of renewal. If renewal of the claims made form of coverage becomes generally unavailable, or economically prohibitive, the Consultant shall purchase an extended reporting period ("tail") or execute another form of guarantee acceptable to the City to assure financial responsibility for liability for services performed. Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and reasonable attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, or its subcontractors, agents or assigns. This provision shall be PROFESSIONAL SERVICES AGREEMENT -2- Acres International Corporation- September 26, 2001 inapplicable to the extent such damage or injury is caused by the negligence of the City. In no event shall Consultant have any liability whatsoever to the City for the City's indirect or consequential damages, including, but not limited to, loss of water supply or profit. The parties have specifically negotiated to provide that Consultant hold harmless, and indemnify the City for all claims, damages, and losses, including reasonable attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A, B, C, and D". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City of Bremerton Acres International Corporation City Clerk 150 Nickerson Street, Suite 310 239 Fourth St. Seattle, WA 908109 Bremerton, WA 98337 Attention: Mr. Robin G Charlwood e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to exercise care and skill to comply with all applicable local, state and federal laws in performance of all services under PROFESSIONAL SERVICES AGREEMENT -3- Acres International Corporation- September 26, 2001 this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attomey Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. 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 employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 12. CONSTRUCTION PROCEDURES: Not Applicable (No construction procedures are directly associated with this project). 13. RE-USE OF DOCUMENTS: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are property of the City. The format for documents and work products shall be as specified in the exhibits. PROFESSIONAL SERVICES AGREEMENT -4- Acres International Corporation- September 26, 2001 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. ACRES INTERNATIONAL CORPORATION. Date: BY: ROBIN G CHARLWOOD, Vice President CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. Eugene Samptey, Director of Public Works & Utilities APPROVED AS TO FORM: City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -5- Acres International Corporation- September 26, 2001 EXHIBIT A Casad Dam Intake Tower Seismic Upgrade Scope of Work Introduction This document represents the proposed Scope o£ Work for the Casad Dam Intake Tower Seismic Upgrade. The main task groups proposed under this contract are as follows: 1. Project Management 2. Review of Background Materials 3. Site Seismicity Assessment 4. Tower Concrete Testing and Underwater Inspections 5. Dynamic Analysis 6. Preparation of Predesign Report and Basis o£Design 7. Preparation of Fifty Percent Design Submittal 8. Design Review 9. Preparation of Contract Documents 10. Assistance during Bidding 11. Construction Engineering Services Exhibit C is the project schedule that gives target dates for key deliverables and milestones. Exhibit B gives the estimated cost for this work. The scope o£work includes input from: 1) Eric Kollgaard on review o£ design and construction concepts, 2) Anil Chopra on review o£ dynamic analyses, and 3) Bill Perkins, Shannon and Wilson on seismicity. Task Descriptions 1. Project Management Purpose and Objectives: · Management of the project, planning, coordination and reporting. Tasks: 1.1 Project technical direction, coordination and management for design phase 1.2 Coordination during bidding and construction phase 1.3 Coordinate meetings with the City of Bremerton. Assume 4 meetings Deliverables / Milestones: · Progress Reports: On a monthly basis these reports will include total labor hours, sub- consultant costs, expenses, and an estimated percent completion. · Meetings: A total of 4 meetings are planned with thc City. Attendance and meeting minutes will be prepared and submitted to thc City. 2. Review of Background Materials Purpose and Objectives: · Review original &sign basis and construction records from previous investigations and studies as background to develop repair alternatives. · Investigate permit requirements. Tasks: 2.1 Review work previous consultants and parametric study completed as part of the Acres proposal. 2.2 Assess value of seismic dampers and their potential installation underwater. 2.3 Review constructability of proposed concepts 2.4 Identify all permits which must be obtained prior to construction. Deliverables / Milestones: · Telephone logs, meeting minutes and product information sheets. 3. Site Seismicity Assessment Purpose and Objectives: · Assess regional seismicity and recommend Maximum Design Earthquake (MDE). Operating Basis Earthquake (OBE), and Maximum Credible Earthquake (MCE) to be used in the intake seismic upgrades Tasks: 3.1 Review recommendations made by previous consultants. 3.2 Assess regional seismicity and recommend OBE and MDE for design. 3.3 Select recommended time histories and response spectra. One time history set will be selected for the OBE and two time history sets will be selected for the MDE. Reference Attachment 1 to Exhibit A for a detailed description of Shannon & Wilson's scope for performing this work. Deliverables / Milestones: · Meet with City to discuss options for basis of design. · Letter report summarizing recommended seismic design basis. 4. Tower Concrete Testing and Underwater Inspections Purpose and Objectives: · Contract with concrete testing organization and coordinate removal of representative core samples and have compression strengths taken. · Obtain representative concrete compressive strengths based on compressive testing of core samples. · Contract with diving subcontractor and complete a one day underwater inspection of the intake tower and document results. Tasks: 4.1 Retain a qualified materials testing organization and coordinate coring and testing of a minimum of three concrete samples. Samples will be taken by coring vertically from the top of the tower. Prior to taking core samples take Schmidt hammer readings at each coring location. 4.2 Retain a qualified diving contactor and coordinate performance of a one day underwater inspection of the intake tower. Arrange for video and audio take documentation of the underwater inspection. Tie all observations to elevation and plan position. Provide written inspection report. Deliverables / Milestones · Tower Concrete Test and Underwater Inspection Report 5. Dynamic Analysis Purpose and Objectives: · Check extent of damage to tower under OBE and MDE. · Investigate design of bracing concepts including dampers · Develop design loads for bracing and dampers · Check local impact of bracing on arch dam crest Tasks: 5.1 Dynamic analysis of intake tower and coupling to arch dam as is to check capacity and establish seismic ground motion time histories at tower and brace attachment points 5.2 Analyses of various bracing concepts including structural frames, frames with viscous or friction dampers 5.3 Stress check on arch dam at bracing contact points Deliverables / Milestones · Dynamic Analysis Results 6. Pre-design Report and Basis of Design Purpose and Objectives: Based on regional seismicity, site conditions, dynamic analysis and consultation with the City and Acres team members and external consultants select tower stabilization approach and basis of design. Tasks: 6.1 Review alternatives in light of review of background materials and site seismicity. 6.2 Compare upgrade alternatives and their effectives expanding on the parametric studies presented in Acres proposal. Evaluate alternatives based on effectiveness of repair, long term maintenance requirements, ease of construction and life cycle cost. Choose favored alternative and document rationale for selection. 6.3 Prepare preliminary construction and cost estimate for selected alternative. 6.4 Provide basis for review and acceptance by City and external review consultants Eric Kollgaard, and Anil Chopra as basis to proceed to detailed design. Eric will be available for overall review of the results of the analyses and design, and constructability of proposed remedial measures. Professor Chopra will assist with methods of seismic analysis and review of the results. Don Anderson, an Earthquake Engineering Specialist, will assist in dynamic analyses of the tower and assessments of its seismic capacity. Deliverables / Milestones. · Pre-design Report: Document tower stabilization alternahves and rational for selected alternative. Include preliminary construction cost estimate and construction schedule for the selected alternative. · Basis of Design: Prepare basis of design giving design criteria necessary for completing fifty percent level design documents. · Review Meeting Notes: Prepare review meeting notes with recommendations and conclusions. 7. Fifty Percent Design Purpose and Objectives: · Develop 50% level design and construction plan for selected concept in accordance with Exhibit D Tasks: 7.1 Prepare 50% percent level design drawings. 7.2 Prepare outline specifications with notes on specific material to be presented. 7.3 Prepare construction plan and preliminary cost estimate. Include preliminary construction schedule. 7.4 Prepare Project Report for Department of Health. Deliverables / Milestones: · Fifty percent level design drawings and outline specification. · Preliminary construction plan and cost estimate. 8. Design Review Purpose and Objectives: · Review by City of 50% design. Tasks: 8.1 Update basis of design to incorporate review comments by the City and Acres team. 8.2 Incorporate I/2 size drawings from fifty percent design submittal showing the selected upgrade concept. 9. Ninety Percent Design / Final Bid Documents Purpose and Objectives: Prepare 90% and final design and contract documents for supply and installation of seismic upgrades in accordance with the Basis of Design and 50% design review comments in accordance with Exhibit D. Tasks: 9.1 Prepare 90% level design drawings and specifications. Specifications to include all sections including in Section 0 and Section 1 according to the City's requirements. 9.2 Coordinate review of 90% level design documents. 9.3 Prepare bid documents, final design drawings and specifications. 9.4 Prepare engineer's construction cost estimate and schedule. Deliverables / Milestones: · Ninety percent level design drawings and specifications. · Documentation of review comments and recommended design changes. · Finalized contact documents. · Engineer's Estimate and Schedule 10. Assistance during Bidding Purpose and Objectives: · Provide engineering support during bidding. Tasks: 10.1 Respond to bidder questions in coordination with the City. 10.2 Document all requests for information (RFI) and responses provided by Acres. 10.3 Assist the City in preparation of addendums to the bid documents. 10.4 Assist City with review of bids. Deliverables / Milestones: · Documentation of all RFI and responses provided by Acres. 11. Construction Engineering Services Purpose and Objectives: · Provide engineering support during construction of seismic upgrades. · Provide as built drawings Tasks: 11.1 Review shop drawings and construction plans. 11.2 In coordination with the City conduct up to eight site inspections. 11.3 Document results of site inspections. 11.4 Prepare as built drawings. Deliverables / Milestones: · Site inspection reports and recommendations. · As built drawings. EXHIBIT A ATTACHMENT 1 ----III SHANNON &WILSON, INC. GEOTECHNICAL AND ENVIRONMENTAL CONSULTANTS PROJECT UNDERSTANDING AND BACKGROUND Task 3 - Site Seismicity Assessment We understand that the intake tower seismic upgrade design will be based on the following two ground motion levels: OBE - Operating Basis Earthquake, defined as ground motions with a 10 percent chance of exceedance in 50 years (probabilistic ground motion). MDE - Maximum Design Earthquake, defined as the maximum credible earthquake that could affect the site (deterministic ground motion). We understand that the performance criteria for the tower for these events have not yet been determined. Previous seismic analyses of the dam and intake tower considered similar risk levels. In the 1994 study, time history analyses were conducted with ground motions scaled to peak ground accelerations or 0.35g and 0.5g, corresponding to OBE and MDE ground motions, respectively. The MDE ground motion was from rupture on the Seattle Fault. There is no indication that time histories were modified (other than scaling to the peak ground acceleration) to match a design rock spectrum. In the 1996 study, peak ground accelerations of 0.3g and 0.5g were used to characterize the OBE and MDE, respectively. Rock spectra were also developed with these peak ground accelerations and were used in dynamic, three-dimensional, finite element, response spectrum analyses. It does not appear that a time-history analysis was conducted. Since 1996, the results of regional probabilistic ground motion studies have been published and significant findings have been made regarding the activity and location of various potentially seismogenic structures in the Puget Sound region, including the Seattle Fault. The spectra for both the ODE and MDE should be revised to be consistent with these newer studies and findings. The U.S. Geological Survey (USGS) published in 1996 the results of a regional probabilistic ground motion study that incorporated the USGS's understanding of the seismogenic potential of the area at that time. The results of that study were apparently not available to Dames & Moore for their 1996 report on the intake tower. Since publication of the USGS study, Shannon & Wilson has incorporated the results of additional research into our geologic/seismological models for more recent ground motion studies for other projects in the area. The peak ground acceleration for the OBE used in the 1996 dam intake tower study is similar to the results of the more recent, probabilistic ground motion studies. However, in our opinion, a more current OBE spectrum can be obtained directly from the spectral ordinates from the USGS study. In our opinion, the MDE spectrum should be revised based on the results of recently published research on the Seattle Fault. Specifically, research by the USGS in 1999 has re-characterized the Seattle Fault as an approximately 2 ½- to 4-mile-wide (north-south) zone of multiple faults or splays (see Figure 1). As shown on Figure l, the nearest mapped splay from this study is located about 5 miles north of the site. As a result, the fault is significantly closer to the site than reflected in the MDE spectra provided in 1996. Furthermore, as shown on Figure 1, the splay farthest to the south is not mapped as continuing west to directly north of the site. This map is based on marine seismic work (i.e., detection of faults beneath navigable water), and the fault splays could continue to the west and closer to the site (e.g., to within about 2 ½ miles of the site). SCOPE OF WORK Task 3 - Site Seismicity Assessment ODE and MDE Spectra Shannon & Wilson will develop free-field ground motion spectra for rock conditions for both the ODE and thc MDE. The ODE horizontal ground motion spectrum will be derived largely- from the published USGS regional probabilistic ground motion study. Thc MDE spectrum will bc developed for movement on the Seattle Fault. In developing thc MDE spectra, thc possibility of the southernmost splay extending an additional 6 miles west to a distance of approximately 2 ½ miles north of thc site will evaluated. We will discuss thc results of this evaluation with Acres and also, if required, thc City of Brcmcrton. After that discussion and their review, wc will prepare thc final MDE spectra. Wc will also bc develop vertical spectra for both the MDE and ODE. Earthquake Time Histories Shannon & Wilson will develop free-field earthquake ground motion time histories for both the ODE and MDE. In our previous proposal of September 7, 2001, we had proposed to develop six time history sets; three sets for each design level. At your request, we have revised the number of time histories. Our revised scope of work will include development of three time-history sets; one set for the ODE and two sets for the MDE. Each time history set will include two, orthogonal horizontal motions and one vertical motion. Recorded earthquake time histories will be selected to be as consistent as practical with earthquake magnitude, fault type and distance characteristic of the ODE and MDE and site conditions (i.e. rock conditions). These recorded earthquake time histories will be modified to closely match the ODE and MDE spectra and will be scaled to be consistent with earthquake time-history requirements provided in the 1997 Uniform Building Code (UBC). That is, the average of the square root of the sum of the squares of the spectra of the two horizontal components will be equal to or greater than 1.4 times appropriate ODE or MDE spectra over the period range of interest for the intake tower. Report A letter report will be prepared that will include the spectra and a description of the methods and assumptions in their development. Digital versions of the time history sets will be included with the report, along with a description of the methods and assumptions in selection and development of the time histories. EXHIBIT B CITY OF BREMERTON CASAD DAM INTAKE TOWER SEISMIC UPGRADE COMPENSATION Compensation for Consultant's services under this Contract shall be on a Cost Plus Fixed Fee basis but not to exceed the Total Price. The Total Price is the sum of Cost and Fixed Fee plus Contingency and shall be the compensation for the Scope of Services as shown in Table 1. The estimated staff hours budget for this project is as shown in Table 2. Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost shall be an amount equal to Direct Labor Cost times a factor of 2.68 plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel for time worked directly on the project. Indirect Costs shall include overhead, taxes and other indirect project administrative costs. Contingency is an allowance to cover unforeseen costs. Fixed Fee shall mean a fixed amount of fee that is added to the Cost. The Fixed Fee for all tasks included in the Scope of Services shall be at a rate of twelve percent (12%) on the Cost excluding Reimbursable Expenses. The Cost may vary, but the Fixed Fee shall remain the same provided the Scope of Services does not change. The fixed fee will be prorated and paid monthly in proportion to the project work satisfactorily completed. A payment for an individual month shall include that portion of the fixed fee allocable to the project work satisfactorily completed during the month and not previously paid (e.g. pro-rated in accordance with the amount spent-to-date). Any portion of the fixed fee not previously paid in the monthly payments shall be included in the final payment. Compensation Schedule Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, fax, shipping and express, and other incurred expense. Charges for reimbursable expenses incurred by the Consultant are estimated in Table 3 and will be at the following rates as shown in Table 4. The amount of any sales tax, .4cres International Corporation 1 26 September 2001 excise tax, or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. Table 4. Reimbursable Expense Charge Rates Item Billing Rate Travel Mileage at 34.5_cents per mile or the current Internal Revenue Service (IRS) allowable rate for business use of an automobile Other travel expenses at cost Associated included Project Costs (APG)' Computer included 1. Associated project costs include telecommunications, FAX transmittals, m-house reproduction and plotting, postage, and computer (PC). 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 above. The labor rates listed in Table 2 are representative of the actual rates that might apply during the term of this Agreement. Billings will be based on the individual labor rates current at the time the services being billed for were performed. Labor rates are subject to change without notice. Acres International will notify the City of labor rate changes 30 days before submitting an affected invoice. Labor rate changes shall not alter the stipulated "not to exceed" amount or fixed fee. The multiplier on Direct Cost to arrive at Cost shall be fixed for the term of this Agreement. Acres International Corporation 2 26 September 2001 Exhibit B TABLE 1 - SUMMARY OF ESTIMATED COSTS City of Bremerton Casad Dam - Engineering Services iltem Amount Direct Labor $39,698 ;Indirect Labor (1) $66,693 Total Labor Cost $106,391 Profit(2) $12,766.97 $12,767 Direct Expenses (3) $23,700 Contingency $10,000 Total: $f52,858 Based on 168% of Acres Direct Labor Base on 12% of Total Labor Cost Based on actual cost for disbursments and sub-consultants to Acres Casad Exh B Cost Est(jhr)_091301 EXHIBIT B City of Bremerton TABLE 2 - DETAILED STAFF-HOUR I DIRECT LABOR COST ESTIMATE Cas, ad Dam - Engineering Services ACRES INTERNATIONAL: Dk~ctLaborCost ~1.87 $39.33$34.50~,60 ~1.60 ~28.15~25.17~16.~ ~::~::[~:~[~ ~[::~ ~ ~::~::[~ ~::~[[~::[[[::[::[[?:?:~[[~?:?: 1 Pr~,~e ~ ~1~ ~ ~4 * 12! ::::::::::::::::::::::::: :]~:]:~:~:~:~:]:~:~:]:] ~:~:~:]:]:~:~:~:~:~:]:]: ~:~:~:~:~:~:~: ~:]:]g]:]:]:]:~:~:~ ~[:~:~:~:~:~:]:~:~:~:~:~:~:]~ ~o~ ~,~ ~ ~r ~o~ ~2 ~ ~:]:]:]:]:]:~:]:~:~:~:~ :]:~:~:~:]:~:::~:~:~:~ :~:;~:;:~:::;:;:~:~:~:~ ;:~:::~:~:~:~:~:~:~ ::~:~:~:~:~:~:~:~:~:]:~ ~ o ,~:.:.:.:.:.:.:.:.:.:-:*:*:*:. Casad Ex~ B Cos{ Est{iht)_091301 EXHIBIT B City of Bremerton TABLE 3 - DISBURSEMENTS ESTIMATE Casad Dam - Engineering Services / ACRES INTERNATIONAL: I Project Management $40 $120 $18(~ $340 2 Review of Background Materials $10 $30 $30 $70 3 Site Seismicity Assessment 4 Tower Concrete Testing and Investigation $10 $30 $6C $1,500 $3,800 $5,400 5 Dynamic Analysis 6 Pre-Design Report and Basis of Design $400 $400 7 :iffy Percent Design $100 $100 It' )esign Review g qinety Percent Review and Final Docments $15(~ $150 10 ~,ssistance During Bidding 11 .~onstruction Engineedn~l Services $80 $240 $360 $680 Total Acree Disbursements $140 $820 $630 $250J $1,500 $3,800 $7,140 / ...... · ~ ( ,., ~ ...- .e- ~, f ,., ,., ! ... SHANNON & WILSON ~/ Project Management 2 ~eview of Background Materials 3 Site Seismicity Assessment $1(~ $30 $30 $130 $20C 4 Tower Concrete Testing and Investigation 5 Dynamic Analysis 6 Pre-Design Report and Basis of Design 7 Fifty Percent Design 8 Design Review g Ninety Percent Review and Final Docments 10 Assistance During Bidding 11 Construction Engineedn~l Sen/ices Total Acres Disbursements $10 $30 $30 $130 $20C Casad Exh B Cost Est(Ihr)_091301 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION No. ~ {~/~O FOR AGENDA OF: October 17, 2001 DESIGNATING FEMA APPLICANT AGENT ORIGINATING DEPT: Public Works & Utils ORIGINATOR: J. Strehler, City Eng./~'~ DATE SUBMITTED: October 1, 2001 2. CLEA/RAN~o~ent on back 3. EXHIBITS: 1. Resolution # ~,~0 Director of.]~blic ~tilities Ci~..~A?o. me~_.._ City Treas,ure~ Co~scal__~& Bu. dge~ f~.~c..._-~ Co .mmittqe Council Operations Committee ENOORSEMENT~NFORMATION [] APPROVED BY COUNCILP~R~R~SIDENT FOR SUBMITTAL: MAYOR k..-~'~ d I II 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: As a result of the Nisqually Earthquake that occurred in February of this year, FEMA Section 404 Grant money is available to mitigate areas of seismic vulnerability. Staff are currently completing applications for various seismic upgrade projects under this program which has been designated FEMA-1361-DR-WA-Nisqually Earthquake 2001. FEMA regulations require the person providing information on the applications to be designated by a resolution. The motion before Council for consideration is designation of Thomas Knuckey as agent, and Allison Duke as alternate to provide to the State Emergency Management Division information on all matters concerning the state disaster mitigation assistance. 5. RECOMMENDATION: MoVe- to pass Resolution # g~40, which authorizes the Mayor to designate Thomas Knuckey as agent, and Allison Duke as alternate to provide to the State Emergency Management Division for all matters concerning such state disaster mitigation assistance the assurances and agreements required. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 1$ 1 A PULLED [] TABLED [] APPROVED [] DISAPPROVED 11 AMENDED Il COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: The City will not be allowed to pursue mitigation grant funding for the FEMA-1361-DR-WA-Nisqually Earthquake 2001. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT AND OTHER RESOURCES: No Impacts. 7. RESEARCH SOURCES: RESOLUTION NO. RESOLUTION for the State of Washington Hazard Mitigation Grant Program Application. BE IT RESOLVED that the Mayor is authorized to designate Thomas E. Knuckey or his alternate, Allison Duke II!, to execute for and on behalf of the City of Bremerton, a local government entity, state agency, special purpose district, or private nonprofit organization established under the laws of the State of Washington, this application and to file in the Military Department, Emergency Management Division for the purpose of obtaining certain federal and state financial assistance under Section 404 of P.L. 93- 288, as amended by the Robert T. Stafford Disaster Relief and Emergency Act of 1988. THAT the City Council hereby authorizes its agent to provide to the State Emergency Management Division for all matters concerning such state disaster mitigation assistance the assurances and agreements required. APPROVED AND PASSED by the City Council of the City of Bremerton this ~ day of ,2001. John Law Council President APPROVED this day of ,2001. Lynn S. Horton Mayor ATTEST: KATHLEEN L. MCCLUSKEY AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION# ~{ FOR AGENDA OF: October 17, 2001 TEMPORARILY DECREASING THE SPEED LIMIT ORIGINATING DEPT: PW&U Engineering Div. ON HIGBEE ROAD TO 5 MPH AND ON A PORTION ORIGINATOR: Luke Korpi, Managing Engineer~ OF AUSTIN DRIVE TO 25 MPH. DATE SUBMITTED: October 10, 2001 2. CLEARANCES: (comment on baq~ff~n~ s~/.2, ,,.~-,, ,-,~ 3. EXHIBITS Director, Public Works/Utilities //"- "2'~ . City Attorney Director, Community Development ? t,~_~~? ,.~ _ Council Budget & Finance Committee Operations Committee ENDORSE,~M.E~F. X INFJDRMATION APPROVED BY COUNCIL~~OR SUBMIJSPAL: MAYOR ~ 77. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIIT, ACTION: The current posted speed limits on Austin Drive and Higbee Road are 35 mph and 20 mph, respectively. Increased security measures in the vicinity of the Naval Hospital have resulted in increased traffic congestion and on-street parking on Austin Drive and Higbee Road. The City Engineer has determined, based on a review and observation of these new traffic conditions, that the posted speed limits on Austin Drive and Higbee Road should be reduced to 25 mph and 5 mph, respectively. The speed limit reduction on Austin Drive would be between approximately Wencker Way and Erlands Point Road. This measure would increase vehicle and pedestrian safety. The reduced speed limits would remain in effect until such time as security measures are lessened, and traffic conditions on these streets remm to normal. At that time, the City Engineer would remm the posted speed limits on Austin Drive and Higbee Road to 35 mph and 20 mph, respectively. The request before the City Council is to approve the temporary decrease in the posted speed limits. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council approve Resolution # _~_~ 0~l temporarily decreasing the posted speed limit on Austin Drive betweeen Wencker Way and Erlands Point Road to 25 mph and on Higbee Road to 5 mph. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 1 ~~ PULLED TABLED APPROVED DISAPPROVED __ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 0[ -o~ ~J O 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Vehicle and pedestrian safety on Austin Drive and Higbee Road would not be improved. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Department of Public Works and Utilities has sufficient staffing and funds to implemem the proposed temporary speed limit decrease. 7. RESEARCH SOURCES BMC 10.04.010 - MTO - Adoption by reference RCW 46.61.415 - When Local Authorities May Alter Maximum Limits WAC 308-330-270 - Local Authority - Authority ab, Agenda Bills 2001, Speed Limit Reduction Austin Drive, 104)1 RESOLUTION NO. qq~'q~ A RESOLUTION temporarily decreasing the speed limit on Higbee Road to 5 mph and on a portion of Austin Drive to 25 mph. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: 1. Increased security measures in the vicinity of the Naval Hospital have resulted in increased traffic congestion and on-street parking on Austin Drive and Higbee Road. 2. The increased traffic congestion and on-street parking impacts traffic and pedestrian safety. 3. The City Engineer has determined, based on review and observation of these new traffic conditions, that lower vehicle speeds will reduce safety concerns, and that the posted speed limits on Austin Drive and Higbee Road should be temporarily reduced to 25 mph and 5 mph, respectively. 4. The City Engineer shall reduce the posted speed limit on Austin Drive between Wencker Way and Erlands Point Road from 35 mph to 25 mph, and shall reduce the posted speed limit on Higbee Road from 20 mph to 5 mph. 5. The City Engineer shall return the posted speed limits to their existing state when, in his or her professional judgment, traffic conditions on Austin Drive and Higbee Road have returned to normal. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN E. LAW, Council President AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: October 17~ 2001 Resolution # ~l,~q X , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of garbage and debris on the property ORIGINATOR: A! Duke located at 725 Pearl Street. DATE SUBMITTED: 2. CLEARANCES: (Comme~ilt on back if 3. EXHIBITS: Fire Chief: I .~~'-~ 1. Resolution # City Clerk: ~ ~ ~ 2. Clerk Report Interim City atty: ~~ ..__ ~ 3. Photos E a ORSEM r XI VORMATION_ APPROVrD BY COrr CIL SWMITTA : 4. SUMMARY STATEMENT AND REQUIREMENT FO~-E~UNCIL ACTION: On August 21, 2001, Public Works removed garbage and debris from the property located at 725 Pearl Street after the owners failed to do so as ordered. The legal requirements for notice were met. The cost incurred for this work, including the administrative fee, totaled $1,021.66. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ~ ~c~. , order that the fees in the amount of $1,021.66 incurred for the abatement of garbage and debris located at 725 Pearl Street be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: A! Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE:~~ 11. AGENDA BILL NO.: ~){ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION # ~, ~ 9--. A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 725 Pearl Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 725 Pearl Street; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 725 Pearl Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,021.66 for the property located at 725 Pearl Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of 20 JOHN LAW Council President ~~ BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 September 18, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, Fire Department- Re: Public Hearing, 725 Pearl Street On August 21, 2001, Public Works removed garbage and debris from the property located at 725 Pearl Street. The cost of this project, per the attached interfund transfer and including the administrative fee, totaled $1,021.66. I have scheduled a public hearing for October 17, 2001 for Council to decide if the fees are reasonable and how they should be collected. CITY OF BREMERTON · INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 09/0.5/2001 TRANSFER# 10163 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE.~;~ /? Fire Depamment (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions ~5~' (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: August 2001 BLAB LABOR $1,022.52 EQUIPMENT $232.00 MATERIALS $178.95 SALES TAX $0.00 TOTAL $1,433.47 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 '-qv1';433~7"' ~.~k4'. Lv0~k4--~l[~'- "~ t0'7. lOtT, ooo 7q REVENUE DEPARTMENT SUPERV~R EXPEND~URE D~A~TMENT SUPERVISOR Work Order History 09/05/2001 01.'36: ! 5 PM CITY OF B1LEMERTON PWO-ST1LEET DIVISION Work Order #: SD510061 Title: Remove garbage at 725 Pearl. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 08/20/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated:09/05/2001 10:38:24 AM Lead Employee: 0524 Colen Corey Date Targeted: 10/05/2001 Priority: 1 Date Assigned:08/20/2001 Location ID: 1 Unspecified Location Date Started:08/21/1901 History #: 1 Unspecified Equipment Date Finished: 08/21/1901 Work Description os/2112OOl N401428O Remove garbage at 725 Pearl. 512037 No BLAB 0909 Brian Brewer 2.00 hr $66.00 0053 Terry Devery 2.50 hr $82.50 3077 '95 3/4T FORD P/U 2.50 hr $20.00 0583 Mark A. Thompson 2.00 hr $66.00 3091 1987 Int'l 12 yard Dump Track 2.00 hr $68.00 2190 Trevor Lunceford 2.50 hr $24.63 2087 Andrew Randolph 2.50 hr $24.63 DUMPIN Dump Fees - Oly.View Sanitary Landfill 5.00 yd $51.90 11.50 hr 0.00 hr $403.66 SUMMARY FOR WORKORDER: SD510061 Labor: $263.76 Total Regular Labor Hours: 11.50 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $88,00 Total Labor Hours: 11.50 Materials: $51.90 Total Regular Equipment Hours: 4.50 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $403.66 Total Equipment Hours: 4.50 SD5~10061 Page 1 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: October 17~ 2001 Resolution # ~ ~.~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of garbage and debris on the property ORIGINATOR: A! Duke located at 1702 Burwell Street. DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: necessary) //q~.~ Fire Chief: - 1. Resolution # ~, City Clerk: '~ ~ ~ ~ 2. Clerk Report Interim City ntty: ~~f~.~-" / 3. Photos ENDORSEMENT/~' INFORMATION_ APPROVED BY COUNCIL PRESIDENT Fog SUBMITTAL: MAYOR (--~/~-~--) ~ ~ ~ COUNCIL PRESIDENT ,/ ~,' ~.~ ............. 7 ~......':" - 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On August 21, 2001, Public Works removed garbage and debris from the property located at 1702 Burwell Street after the owner, Donald Rockwell, failed to do so as ordered. The legal requirements for notice were met. The cost incurred for this action, including the administrative fee, totaled $725.00. Council must now decide if the fees are just and reasonable, and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ~ , order that the fees in the amount of $725.00 incurred for the abatement of garbage and debris located at 1702 Burwell Street be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENJ~E~ __..._ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 1702 Burwell Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 1702 Burwell Street; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1702 Burwell Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $725.00 for the property located at 1702 Burwell Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President ~ OF BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-$380 · FAX (360) 478-7257 September 18, 2001 Memo To: Paula Johnston, Deputy City Clerk , From: Janet Lunceford, Fire Departrnent~''~ Re: Public Hearing, 1702 Burwell On August 2 f, 2001, Public Works removed garbage and debris from the property located at 1702 Burwell Street after the owner, Donald Rockwell, failed to do so as ordered. The cost of the project, per the attached interfund transfer and including the administrative fee, totaled $725.00. I have scheduled a public hearing for October 17, 2001 for Council to decide if the fees are reasonable and how they should be collected. CITY OF BREMERTON · INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 09/05/2001 TRANSFER# 10163 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE / Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions .~gF--°'/~ (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) D ESC RI PTI O N TOTAL Charges per attached summary for: August 2001 BLAB LABOR $1,022.52 EQUIPMENT $232.00 MATERIALS $178.95 SALES TAX $0.00 TOTAL $1,433.47 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 -4~,433.4'~ ~ ~. G 0 ~q- - ¢~ i~ ~ '~ ~ l 0 7.0 0 REVENUE DECARTMENT SUPERV~R EXPE ERVISOR 7& Work Order History 09/05/200! 01:36:13 P_M CITY OF BREMERTON PW©-STREET DIVISION Work Order #: SD510060 Title: Remove couch at 1702 Burwell. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 08/20/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 09/05/2001 10:38:24 AM Lead Employee: 0524 Colen Corey Date Targeted: 10/05/2001 Priority: 1 Date Assigned: 08/20/2001 Location ID: 1 Unspecified Location Date Started: 08/21/1901 History #: 1 Unspecified Equipment Date Finished:08/21/1901 Work Description §8/21/2001 N4014280 Remove couch at 1702 Burwell. 512038 No BLAB 0909 Brian Brewer 2.00 hr $66.00 0053 Terry Devery 1.00 hr $33.00 3077 '95 3/4T FORD P/U 1.00 hr $8.00 3.00 hr 0.00 hr $107.00 SUMMARY FOR WORKORDER: SD510060 Labor: $99.00 Total Regular Labor Hours: 3.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $8.00 Total Labor Hours: 3.00 Materials: $0.00 Sales Tax: $0.00 Total Regular Equipment Hours: 1.00 Total Overtime Equipment Hours: 0.00 Total: $107.00 Total Equipment Hours: 1.00 SD5~0060 Pa~e ~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: October 17~ 2001 Resolution # ~ Ar+, regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. removal of vegetation on the listed properties. ORIGINATOR: Al Duke DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: necessary) ~ Fire Chief: _ ~¢~t. 1. Resolution# City Clerk: ~, ~ ~ ¢_~.~ / ~j 2. Property Identification List Interim City Atty: 3. Photos ENDORSEMENT ~/INFORMATION __ APPROVED BY COUNCIL~~~T~ ~~~: MA YOR~/,'~-~-.~ ~' ~7'_/~/_ COUNCIL P RESIDE~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinance g4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the costs incurred by personal judgment against the owner and a lien against the property. RECOMMENDATION: I move that Council pass Resolution # ~qq, 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: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED __ DISAPPROVED AMENDED 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~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION approving nuisance vegetation abatement on the listed properties 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 BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the vegetation shown to exist on the attached listed properties is a nuisance. 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. PASSED, by the City Council of the City of Bremerton this day of JOHN LAW Council President WEED ABATEMENT LISTING OCTOBER 17, 2001 ADDRESS OWNER 1. 127 Bremerton Blvd. Carl am/Penelope Tallman 311' Shore Dl~ve Bremerton, WA 98310 2. 1738 Burweli Street Rosina Burrer c/o Nielsen Services 331 Bryan Avenue Bremerton, WA 98337 3. 3220 Halverson Avenue Tad and Stephanie Reasons P.O. l}ox 4574 Bremerton, WA 98312 4. 3320 Kitsap Way Sydney and Zelda Levin Orchard Foods 326 Seville Way San Mateo, CA 94402 5. E. 19th Street Tim Burke P.O. Box 951 Silverdale, WA 98383 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public hearing on an ordinance to create FOR AGENDA OF: October 2001 an Administrative Hearing Examiner O~GINAT~G DEPT: Planning and Buildi~ ff position. O~G~ATOR: Chris Hugo, Direct~~ DATE SUBMITTED: October 3, 2001 2. CLEA~NCES: (commen~ on back ~. EXHIBITS: CiW A~orney DraaOrdinance with E~]ibits 0~, ~ 7 ~ ¢ Admin Services ~~~ Treasurer ~~/ HR Manager Fiscal/Budget ~ ~~// , Operations ~ ~ APPROVED FOR SUBMITTAl:/ /¢~ ~ MAYOR ~ ~ ~ CO~CILP~SIDENT, -7~~~z~_~ ~ 4. SUMMARY STATEMENT AND ~QU~MENT FOR ~CIL ACTION: The proposed ordin~ce creates ~ Administrative He~ing Examiner position to achieve the follow~g intents: (i) to separate ~e land use regulato~ ~nction from the land use pla~ing process; (2) to ensure procedural due process ~d appear~ce of fairness in regulato~ he~ings and decisions; (3) to provide ~ e~cient ~d effective l~d use regulato~ system which integates the public he~ng ~d decision-m~ing processes for l~d use ma2ers; (4) to provide for consistency ~d predictabiliW ~ decision m~ing ~d the application of policies ~d regulations adopted by ~e ciW~ and (5) to provide a forum for conducting public he~gs required by ~e Bremenon Municipal Code ~d h~dling appeals of admi~s~ative ma2ers ~ ~si~ed. T~s ~ction c~ o~y be added to the CiW admi~strative s~c~e by Co~cil action to ~end ~e Bremenon M~cipal Code. 8. ~COMMENDATION: Motion to pass Administrative He~ing Examiner Ordinance No. qqq S on second reading. 9. ~SPONSIBLE OFFICIAL: Director of Plying m~d Building ENFORCEMENT OFFICIAL: Director of Plying and Building EXPIATION DATE: ~VIEW DATE: 10. NOTICE OF ACTION PULLED_ TABLED_ APPROVED_ DISAPPROVED_ AMENDiF~Ii~ j[~k COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: Dt" ~_~)_ ~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City's land use regulatory decisions will continue to be performed by the Planning and Building Director, Planning Commission, and City Council as specified in the BMC. The benefits of the hearing examiner system, as listed on the Summary Statement (4.), will not accrue to the City. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: This position will likely be a part-time, contracted employee. A budget adjustment to support the contract and support functions will be necessary. There are no facility or equipment impacts. 7. RESEARCH SOURCES ORDINaNCe NO. AN ORDINANCE of the City Council of the City of bremerton, Kitsap County, Washington, adding a new Chapter 2.13 Administrative Headng Examiner to the Bremerton Municipal Code regarding the creation of an Administrative Headng Examiner position and describing the duties with regards thereto, amending Bremerton Municipal Code Sections 2.12.080, 2.12.140, 17.04.070, 20.04.100, 21.02.450, 21.02.840(c), 21.02.845(d), 21.02.860(d), 21.02.880(b), 21.02.935(b)(c)(d), 21.02.945(c)(2), 21.02.945(d), 21.02, Appendix Figure 840, 21.02, Appendix Figure 895(a), 21.12.200(e) and 21.12.210(a)(1)(B), and repealing Bremerton Municipal Code Sections 17.04.080, 17.04.090, and 17.04.100 The City Council of Bremerton makes the following findings: Section 1. There is hereby created a new Chapter 2.13 Administrative Hearing Examiner to the Bremerton Municipal Code which shall read as follows: 2.13.010 Position established. The position of Administrative Hearing Examiner is hereby established. 2.13.020 Purpose. The intended purpose in creating an Administrative Hearing Examiner position is to: (1) Separate the land use regulatory function from the land use planning process; (2) Ensure procedural due process and appearance of faimess in regulatory hearings and decisions; (3) Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters; (4) Provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city; and (5) Provide a forum for conducting public hearings required by the Bremerton Municipal Code and handling appeals of administrative matters as assigned. 2.13.030 Selection. The Administrative Hearings Examiner shall be appointed by the Mayor subject to confirmation by the City Council. If the Administrative Headng Examiner is a city employee she shall be a part of the City's Civil Service system. The Administrative Hearing Examiner may be retained on a professional service contract for a Page 1 of 8 term and on conditions determined appropriate by the City Council. Said contract may also provide for Examiner(s) pro tem to serve in the absence of the Administrative Headng Examiner on such terms and conditions deemed appropriate by the Council. The Examiner(s) pro tern shall be selected by the Mayor subject to confirmation by the City Council. 2.13.040 Qualification and removal. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial headngs on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the City of Bremerton. An Examiner pro tem may be removed by the Mayor at will. However, the Administrative Hearing Examiner may only be removed for just cause pursuant to Civil Service Regulations. Provided, further, if the Administrative Headng Examiner is retained on a professional services contract then he may only be terminated in accordance with the contract terms. 2.13.050 Improper influence, conflict of interest and appearance of fairness. No city official, elective or appointive, shall attempt to influence the Administrative Headng examiner in any matter officially before him so as to constitute misconduct of a public office under Chapter 42.20.RCW or a violation of the appearance of fairness doctrine. No member of the council shall participate in any proceedings on appeal from the Administrative Headng Examiner's decision if to do so will constitute a conflict of interest or violation of the appearance of faimess doctrine. The Administrative Headng Examiner shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of faimess doctrine. If such conflicts or violations cannot be avoided in a particular case, the examiner shall assign an examiner pro tern to act in his absence. 2.13.060 Organization, rules. The Administrative Headngs Examiner is empowered to adopt rules for the scheduling and conduct of headngs and other procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for conducting headngs as set forth in the Code, and shall become effective upon the Headngs Examiner filing the odginal set of rules with the City Clerk. The rules shall provide for the process to be effective and efficient while assudng that the participants are afforded an opportunity to present their case without unnecessary emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to Page 2 of 8 the extent necessary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited discovery if it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise available. 2.13.070 Jurisdiction. (1) The Administrative Headng Examiner shall have jurisdiction over appeals of administrative decisions specified in Title 21 of the Bremerton Municipal Code, as amended, and such other matters that may be assigned to the Administrative Hearing Examiner by the provisions of other city ordinances or by the direction of the city council. (2) Unless otherwise indicated, all other references in the Bremerton Municipal Code to a "hearing examiner' shall mean the municipal court hearing examiner established pursuant to Chapter 2.62 of the Bremerton Municipal Code. (3) To conduct public headngs on all Local Improvement Districts, Road Improvement Districts and Utility Local Improvement Districts and make final decisions with regards thereto unless applicable law requires the final decision to be made by the City Council. In the case where the City Coundl is required to be the final decision-maker then the Examiner shall conduct the public hearing and forward the record to the City Council along with the Examiner's recommendations. (4) To issue special use permits and variances. (5) To conduct appellate hearings and render decisions interpreting the Zoning Ordinance when property owners dispute the Planning Department's interpretation of the zoning ordinance. (6) Where an appeal of a department director's decision is provided elsewhere in the Code then any other provision of the Code notwithstanding, the Administrative Headng Examiner shall have jurisdiction to hear and decide the appeal. (7) To conduct the open record pre-decision public headngs required by Code section 21.02.850 and prepare findings and conclusions for the City Council's consideration with regard to the Type IV action. (8) To hear appeals of decisions made as authorized by the Uniform Codes set forth in Bremerton Municipal Code Chapter 17.04. Section 2. Bremerton Municipal Code Section 2.12.080 is amended to read as follows: 2.12.080 Powers and Duties. The Planning Commission may: (a) Review and recommend to the Council the adoption of coordinated comprehensive planning and land use objectives for the development of the City or particular areas of the City; Page 3 of 8 ~ 7 (b) Review and recommend to the Council the adoption of regulations and code amendments which implement the City's comprehensive planning objectives; (c) Review and recommend to the Council the adoption of short plat regulations and long subdivision regulations; (d) Issue .... ~l ....... ~+, -~,,,~,,~,,~,,,-~,c.~' (~) Participate in regional planning activities or serve on a regional planning commission; (_eg) Make rules and regulations for the conduct of its business. Section 3. Bremerton Municipal Code Section 2.12.140 is amended to read as follows: 2.12.140 Ratification by Council - Appeal. The planning commission may recommend to the Council the adoption of comprehensive plans and regulations for the physical development of the City. Such recommendations must be ratified by the Council before the plan or regulation becomes effective. ~ Section4. Bremerton Municipal Code Section 20.04.100 is amended to read as follows: 20.04.100 Procedure Appeal to Administrative Hearings Examiner. Any person aggrieved by the decision of the planning director may request a review of that decision, by the ""m-'~oo;'-''- Administrative Headn.q Examiner. Such request must be in writing *'- ~'-' '"~"";"" de~,'tmer, t '-~*h:" +"" we~i~,G d~:,'s frcm Lh.~ .~..,.. ,.,F ,h~...J~...~,~.... ~:...,-,...,o .~...-:.;,.~, on a form to be provided by the City and delivered to the Planninq Department, with the applicable appeal fee, within five (5) working days from the date of the Planninq Director's Decision. Such appeal shall be heard by the "l--'"l~"il' Ill .... ,u mml-'-'~'''' Heating Examiner under the same procedures established for headngs of conditional use permits., =~d the decision Section $. Bremerton Municipal Code Section 17.04.070 is amended to read as follow~ 17.04.070 Appeals Boards. Page4 of 8 ~ ~1 ,,,~ ~ .... ~ ..... j ~,,,~ ......... , . , ~ .~,,~j Appeals of the Unifo~ BuildinR Code, Unifo~ Plumbin~ Code~ Unifo~ Fire Code, Unifo~ Code for ~e Aba~ement of Dangerous Buildings and ~e Breme~on Housinq Code shall be heard by the Adminis~ative Headnq ~aminorl ~ose derision shall be final. Section fi. B~me~on Municipal Code Se~ion 21.02.450 is amended ~o read as follows: 21.02.450 Ap~al of Di~ctoCs ~inafion. (a) Any pa~ of re.rd may ap~al the dete~ination of the Dire~or ~at ~e Final PUD Plan, in~uding any minor amendments, i~ or is not in ~ub~an'Ja~ ~nfo~an~ ~ ~e Prelimina~ Plan ~a~ was app~ved by the C~ Council. W~hin fou,~n (14) ~lendar days from the date of the Di~oFs dete~ination, a w~Ren noti~ of appeal to the,~-;-~,_,,,,,,,~ Commic:ion Adminis~ve HeadnR ~aminer may be filed. Commi~ion :gcnda. The Comm!~c!on hoadnR examiner shall uphold or ~ve~e the Dire~oCs dete~ination. ~e derision of the ,~"";"",., ,, ,,, ,~ Camm!cc!on headnR examiner shall be final. (c) The Dire~oFs dete~ination of lack of substantial ~nfo~an~, or subsequent ra~on by the P~anning Commi~=ion of that dete~ina~on by ~e headnR examiner shall require the PUD I appli~nt to bdng the Final Plan into substantial ~nfo~an~ w~h the P~limina~ Plan, or subm~ a new Pmlimina~ Plan. Sec~on 7. BremeAon Municipal Code Se~ion 21.02.~0(c) is amended to mad as follows: (c) Appeal: Type I decisions may be appealed to the Commission Administrative Headnq ~aminer ~in fou,een (14) ~lendar days from the date of the decision. The Commission headnR examiner ~11 ~ndu~ an open re. rd appeal headng. (See Figure 840). Page 5of8 ~ Section 8. Bremerton Municipal Code Section 21.02.845(d) is amended to read as follows: (d) Appeal: Type II decisions may be appealed to the r,i,,,..,,.j r-..,w, ..... ,~,, Administrative Headn,q Examiner within fourteen (14) calendar days from the date of decision. The Cit'~' Counci! headn.cl examiner will conduct an open record appeal headng. Section 9. Bremerton Municipal Code Section 21.02.860(d) is amended to read as follows: (d) Appeals: An appeal of the local shoreline permit decision may be filed with the r-;~,, r- ..... i~ first, Administrative Headnq Examiner first, with a second appeal to the Shoreline Headngs Board (SHB), or may be filed directly with the SHB. (1) Decisions on Substantial Development Permits~ ~.~.~ .......,~ r,,,,,,~;,;,,,,~ [ ~,.,, Pe,,"m,,!ts may be appealed to the ...... ~dm]n[strat[ve Headng Examiner within fourteen (14) days of the date of the decision, and considered in an open record appeal headng, or (2) Those decisions listed in (d)(1) above or r,;+,, r, ..... the Administrative Headnq Examiner decisions on appeals of eadier decisions, may be appealed to the Shoreline Headngs Board by filing a Petition for Review within twenty-one (21) days of the date of the Department of Ecology's review and decision. (3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Headng Board per RCW 36.70A.250 through 320. (4) Appeals to the r-a,,,..,.j Council headn.q, examiner shall be decided within (30) thirty days of the filing date. Appeals to the Shoreline Headngs Board will be decided within 180 days. Section '10. Bremerton Municipal Code Section 21.02.880(b) is amended to read as follows: (b) Pre-decision and appeal open record public hearings shall be conducted by the City Council and Administrative Headn.q Examiner in accordance with it-stheir rules for public headngs and appeals. Seclion 1'1 Bremerton Municipal Code Section 21.02.935(b) is amended to read as follows: (b) Appealable Decisions: (1) Type I administrative decisions may be appealed to the P!:nning ........ i~ivnAdministrative Headn.q Examiner. (2) Type II administrative decisions ~may be fN~N~ [ ."~ ~'"~l appealed to the ~!~' ..... ~i.^dministrative Headnq Examiner. (3) Type Ill r;,,,...,,, r-,,.,~, ..... ,~,,;~ decisions may be appealed to the Supedor Court. Page 6 of 8 ~,(~ (4) Type IV le~Headn,q Examiner decisions may be appealed to the Supedor Court. (5) Shoreline Substantial Development Permits~V~m~,es =nd Conditicn=l Use Pe,,"m,,its may be appealed within fourteen (14) days to the r, ;,, ,,.., ,j CeunciIAdministrative Headn,q Examiner, or within twenty-one (21) days to the Shorelines Hearings Board. Section 12. Bremerton Municipal Code Section 21.02.935(c) is amended to read as follows: (c) Parties of Record: Only parties of record may initiate an appeal to the P~_~r, ning r'"'"'""~**~"~'Headnr,,.,v, ,,. ,,,~,v,, = Examiner (Types I and II)_. or City r,,.,v,,, ..... ,~,"~ ,rr'""~, ,~-~ ,,J.m Parties of record shall include: (1) The applicant. (2) Anyone who participated in a public meeting on the application. (3) Anyone who submitted written comments conceming the application (excluding persons who have only signed petitions or mechanically produced form letters). Section 13. Bremerton Municipal Code Section 21.02.935(d) is amended to read as follows: (d) Time to File: An appeal to the Ccunci! Administrative Headn,q Examiner or Supedor Court must be filed within (14) days following issuance of the wdtten decision. Other requirements apply to appeals to the Shorelines Headngs Board. All local appeals may be delivered to the Department of Community Development (DCD) by mail, personal delivery, or by FAX before 5:00 PM on the last business day of the appeal pedod. .(see: Computation of Time, section (f) below). Section 14. Bremerton Municipal Code Section 21.02.945(c)(2) is amended to read as follows: (2) An order shall be obeyed immediately, notwithstanding the filing of an appeal ,~,~ order ~ fi~=l if .".ct Section 15. Bremerton Municipal Code Sections 21.02.945(d) is amended to read as follows: (d) Revocation: (1) A revocation action may be initiated by the Director of Community Development "r *~'" :~,o,,,,;,,,, ~ubllc he=dhG.. Net!ce cf *~c =~Je,-, cr, d d=te c,-,d time cf th9 ..... ,4 ,,., .~, .......... 4 ........,+' ........., ...... ~"' posting · ..~,.~ v,, ~.~ ~..,,~, ~ ~,,~,.~,,,~j t..,~t..~.%y ~.~,~,~ ~. +~,, ,~ ...... ~-,~,~,'*",~ ~,'~"'~,- ~' .... ,,,-,,.I' Provided, final action shall not be taken by Page 7 of 8 ~// the Director of Community Development until after a public hearing is held. (2) The Planning Commission Administrative Headnq Examiner may revoke a vadanca, administrative vadance, special use permit or administrative special use permit. -rh~,,, ma:,' revoke a planned "w~ntra~ '.',",it development, the revo"~+2on Section 16. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby amended as set forth in Exhibit A attached hereto and by reference incorporated herein, Section 17. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended as set forth in Exhibit B attached hereto and by reference incorporated herein. Section 18. Bremerton Municipal Code Section 21.12.200(e) is amended to read as follows: r.~,~,-,,... 2~ n.~ ..~ ,~.,. Bremertcn ~'."'~";'-~[ r.,1,,~,, o~;~. Applications not requiring a final decision efbv the~..--."~"r"*;""..... '~ co'mmlsslcn/oatDity_ e~,_ouncil ~ that are conditioned or denied on the basis of SEPA by a nonelected official, the~iee~eR-shall be appealable to the p!anning commisslonAdministrative Hearing Examiner. Such appeal may be perfected by the ........ * -~'-'-,~ .... ~,, ~.~, cr 3R,' pa,~.;appellant by giving notice to the responsible official within ten (10) days of the decision being appealed D'-,,; .... ~"' *~" ""~""'; ...... ;"°;"" o~-" ~"~ cna ~ The headn,q before the Headn,q Examiner shall be an open record appeal. However the decision of the SEPA Official shall be presumed correct. Section 19. Bremerton Municipal Code Section 21.12.210(a)(1)(B) is amended to read as follows: (B) A DS: The appeal must be made to the ....~,,,,,,,...,v,,,_.~;"~;""~";*' ....... w.,,...,;~ Administrative Headng Examiner within ten (10) days of the date the DS is issued. Section 20. Bremerton Municipal Code Sections 17.04.080, 17.04.090 and 17.04.100 are hereby repealed. Page 8 of 8 C~Z Section 21. The provisions of this Ordinance shall apply to all applications for which a required hearing has not yet been held as of this Ordinance's effective date. Section 22. This Ordinance shall be in full force and effect ten (10) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Section 23. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 24. The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED by the City Council of the City of Bremerton this ~ day of ,2001. PASSED by the City Council of the City of Bremerton this ~ day of ,2001. JOHN LAW City Council President APPROVED this __ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY City Clerk Published: ,2001 Effective Date: ,2001 Page 9 of 8 ~3 EXHIBIT A Figure 840 PERMIT PROCESSING SUMMARY - Hearing Hearing City Council DECISIONS Administrative Examiner Open Examiner Closed Record Decision Hearing and Pre-Decision Decision Decision Open Hearing Type I Decisions (without notice) * * (on appeal) Type II Decisions (notice required) · Short Subdivision * * (on appeal) · Admin. Special Use Permit * * (on appeal) · Minor Plat Amendment * * (on appeal) · Wetland assessment / permit * * (on appeal) · SEPA Determination * * (on appeal) · Env. Area Determination * * (on appeal) · Design Review * * (on appeal) · Interpretation of code * * (on appeal) Type III Decisions · Final Subdivision Plat * · Variance * · Zoning Special Exception * · Non-admin. Special Use * Permit Type IV Decisions · Rezone . . · Development Agreement . . · Prelim. Subdivision Plat . . · Binding Site Plan * * · Vacation of Subdivision * * · Planned Unit Development * * · PUD Major Amendment * * Shoreline Decisions · Substantial Dev. Permit * * (on appeal) · Conditional Use Permit . · Variance . · Permit Revision * * (on appeal) Title 21 Appendix 'NOTICE REQUIREMENTS Determination Notice of ' DECISIONS of Notice of Pre-decision Notice of Notice of Notice of -I Completeness Application Public Hearing Decision Appeal Final Decision Type I Decisions No None No No Yes If appealed appeals to r"" Type II Decisions Hearing Examiner ITl © Short Subdivision Yes Yes No Yes Yes If appealed -I © Variance Yes Yes No Yes Yes If appealed ITl -~ © Admin. SUP Yes Yes No Yes Yes If appealed .--IZ ~ © Z.O. Spec. Exception Yes Yes No Yes Yes If appealed -' © Minor Plat Amend. Yes Yes No Yes Yes If appealed ~ Yes No No Some cases Yes If appealed rtl ~D © SEPA Determination X · ~ No No No Yes Yes If appealed ..~ © Env. Area Determin. Yes Yes No Yes Yes If appealed © Design Review No No No Yes Yes If appealed ~J ~,--g © Interpretation e Type III Decisions appeals to .~ court © Prelim. Subdiv. Plat Yes Yes Yes No No Yes © Final Subdiv. Plat Yes Yes Yes No No Yes © Vacation of Subdiv. Yes Yes Yes No No Yes © Planned Unit Dev. Yes Yes Yes No No Yes © PUD Major Amend. Yes Yes Yes No No Yes '13 © Binding Site Plan Yes Yes Yes No No Yes Yes Yes Yes No No Yes © Non-admin. SUP Yes Yes Yes No No Yes --- © Rezone Yes No Yes No No Yes © Develop. Agreement Determination ACTIONS of Notice of Notice of Notice of Notice of Notice of Z Completeness Application Public Hearing Decision Appeal Final Decision O Type IV Decisions appeals to court rtl © Annexation No No Yes No No Yes --I © Urban Renewal Plan No No Yes No No Yes ITl ~ © Dist./Neigh, Plan No No Yes No No Yes ~ No No Yes No No Yes r~ © Comp. Plan Amend. --, --' © Dev. Reg. Adopt. No No Yes No No Yes 3> No No Yes No No Yes ITl -o ©Dev. Reg. Amend. = Z ~' Shoreline Decisions --I .. = © Sub. Dev. Permit Yes Yes No Yes Yes If appealed · © Cond. Use Permit Yes Yes Yes Yes Yes If appealed ~-.~ ~ © Variance Yes Yes Yes Yes Yes If appealed ~ © Permit Revision Yes Yes No Yes Yes If appealed © Master Program Yes Yes Yes Yes No* Yes Amendment * Appeals of Master Program decisions are heard by the Central Puget Sound Growth Management Hearings Board.