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HomeMy WebLinkAbout01/24/96 AGENDABREMERTON CITY COUN 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JANUARY 24, 1996 j CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes - December 27, 1995 #AB96-013 B. Minutes - January 3, 1996 #AB96-014 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYORWS REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Services Agreement With Hough Beck & Baird, Inc. For Evergreen Park Seawall Repair And Habitat Planting Be Professional Services Agreement With R.W. Beck, Inc. For McKenna Falls Intake/Union River Projects Design ORDINANCES A. Ordinance #4542 (Second Reading) Increasing Penalty For Unauthorized Use Of Disabled Persons Parking PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution #2537, Regarding Recovery Of Fees For The Removal of Garbage On The Property Located At 833 10th Street Be Resolution #2538, Regarding Recovery Of Fees For The Removal Of Garbage On The Property Located At 1915 10th Street 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL MINUTES - DECEMBER 27, .1995 1-24-96 FOR AGENDA OF: ORIGINATING DEPT: City Council ORIGINATOR: John E. Law. DATE SUBMITTED: 1-12-96 2. C__~NCES: (comment on back if necessary) 3. EXHIBITS: 4. SUMI~ARY STATEMENT AND REOUIREMENT FOR'COUNCIL ~CTION: 8. RECOM}4ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE- REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA 'BILL NO: TAPE #1347 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES December 27, 1995 #0167 #0188 The regular 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, December 27, 1995, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, Morrie Dawkins, Carlos Montgomery, John Law, David Farr and Lon Overson. Councilmen A1 Colvin and Richard Neville were absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Reverend Roger Hennigan of Apostolic Life Tabernacle Church. Municipal Court Judge Bruce Martin administered the Oath Of Office to the following individuals: Cecil McConnell, Council District #2, Lon Overson, Council District #4, David Farr, Council District #6, and Carlos Montgomery, Council District #8. CONSENT AGENDA A. Minutes of Meeting - November 21, 1995 #AB95-161 M/S/C/U(Dawkins/Farr) to approve Consent Agenda. 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. M/S/C/U(Farr/Montgomery) on December 27, 1995, the Council does approve for payment those vouchers included and further described as follows: 193772 through 193775, and 193776 through 193844 in the amount of $2,195,586.06; Retirees' Payroll for the period ending 12-31-95 in the amount of $84,449.56; and Regular Payroll for the period ending 12-15-95 in the amount of $656,449.56. President Huff-Menees congratulated all of the newly elected Council members, welcomed those back who had been previously seated; and extended a warm welcome to Cecil McConnell, who will join the City Council as of January. She extended a farewell wish to Councilman Morrie Dawkins as he concludes his long and distinguished service to the City. She personally found it to be an honor and privilege to work with Morrie the short time she has served on the Council and to have known him these many years. He certainly exemplifies public service and is one of those rare and TAPE #1347 City Council Reg. Mtg. Minutes December 27, 1995 Page 2 of 4 wonderful individuals who always looks for what is good in a situation and in an individual. Mr. Overson reported he had a wonderful Christmas and hoped next year is even better. Mr. Fart stated he is looking forward to 1996 and that it will be a good year for Bremerton. The only downside he could envision was missing Morrie on the Council. He expressed his appreciation for the privilege of working with him. Mr. Law noted Morrie put many years into the City and he deserves the chance to relax and stay home on Wednesday evenings. He wished Morrie much success in his endeavors in the future. Mr. Montqomer¥ stated he will also miss Morrie and enjoyed being seated next to him during Council meetings. He then thanked all of the residents of District #8 who voted for him and put him in public office for another four years. He thanked Travis Baker for the accurate report he made in the news article in todays edition of The Sun. According to that article, he will apologize for the comments he made at the November 29th City Council meeting because those comments were not appropriate for that particular night and should not have been made. For those reasons, he did apologize. However, he did get off on the wrong track and said a few things he shouldn't have said. He complimented Seaberry Blair for his newspaper article on Gordy Byrd in which he quoted him accurately on a telephone conversation. At the time of that discussion, he failed to mention that all the conversation about Mr. Byrd's soliciting donations were made prior to Mr. Montgomery joining the City Council. Mr. Byrd shared with him information about people he had loaned funds to, who never paid him back. In no way did he ever infer to anyone that Gordy took any funds for his own personal use. One of Mr. Byrd's quotes in the newspaper article was news to him and he hoped Mr. Byrd could explain where he came up with that particular idea. Lastly, he thanked everyone in District #8 who has come forward and helped get Forest Ridge Park on the move, and the residents in the Marine Drive area for coming forward with their problems, attending meetings, and meeting with he and City staff to resolve their problems. It is his hope that everyone will continue to be involved in District #8 so that we can get more things done next year. Mr. Dawkins stated it has been interesting serving as a Parks Commission member and elected official for the City for approximately 25 years. His wife Mel encouraged him to take some time off to do other things, so he is looking forward to spending some of his Wednesday evenings teeing off at Gold Mountain. He greatly appreciated the assistance from Merilynn Erhart and TAPE #1347 city Council 'Reg. Mtg. Minutes December 27, 1995 Page 3 of 4 Elaine Valencia during his years in office. time to step aside, and he is happy accomplished. Now, he feels it is with what has been Mr. Winters stated he has known Morrie Dawkins since he was 13 years old, and one of his first jobs when he was sixteen, was working in Morrie's Trophy Shop. He has many fond memories of those years. He believes the City of Bremerton is a better place because of Morrie's involvement, and he is honored to have been associated with him during his lifetime. COUNCIL MEMBER REPORTS Mayor Lynn Horton wished everyone a Happy New Year and cautioned if you drink, please don't drive. She congratulated Cecil McConnell on his becoming a City Council member. Mayor Horton shared her feelings about Councilman Dawkins and the fact that he is the one person on the City Council who knows how it feels to be in her position as Mayor. One of Morrie's greatest gift is his understanding of people and their needs. He has been actively involved in the Christmas In April program since its inception in Kitsap County. Morrie also has been a long time member of the Bremerton Central Lions Club, which again helped lots of people within the community. A quality in Morrie that she particularly liked was that regardless how a vote came out on an issue, you always knew why Morrie voted the way he did and she respects that attribute. And, she was sure going from being Mayor to a City Council position was as interesting a transition as coming from the Parks & Recreation Commission on to his seat as Mayor. It was very evident that if a day was sunny, Morrie's heart really wanted to be out on the golf course, and when the new golf course opens up, she believes it is largely due to his efforts and support of that project. She also acknowledged Morrie's support of the Pendergast Regional Park project and the important role he played in that endeavor. Mayor Horton then presented the following awards: "In recognition of your significant contribution to the City of Bremerton as a City Council Member representing Council District #2 for the period 1986 - 1995"; "In appreciation and with admiration for your many years of service to the City". Lastly, she presented Morrie with a "Gold Mountain Golf Hat". Morrie Dawkins accepted the plaques, and stated he experienced a worthwhile career in the City of Bremerton, and enjoyed every minute of it. He introduced his wife, Mel, and indicated he planned to try and keep up with her golfing activities. He enjoyed his service to the City and stated there were lots of projects that have been completed, and that he can look back on them with pride. He is leaving the City knowing it is in good hands with the current Mayor and City Council. He further stated that without Mel, his commitment to the City would never have happened. He introduced TAPE #1347 city Council Reg. Mtg. Minutes December 27, 1995 Page 4 of 4 his daughters Barbara, Joanne, and Linda, and his granddaughter Lisa. He also recognized Joe and Lorraine, who run his Trophy store. Mayor Horton stated she wants Morrie to help "cut the ribbons" at the opening of the new golf course and again when the downtown development is completed. PUBLIC RECOGNITION Rachel Ketchum, 4321 West C Street, stated open housing refers to civil rights that people may live wherever they choose and can afford to live. The United States government and many local and State governments have passed laws and regulations to protect this right. Ms. Ketchum then read from congressional law relating to this issue. Gord¥ Byrd asked Mr. Montgomery to read the statement in the newspaper article that he commented on earlier. Mr. Montgomery stated: "According to Gordy, it was Montgomery who first suggested that Byrd might be fraudulently obtaining donations from you and spending money on himself." Mr. Byrd stated Mr. Montgomery may not have used those exact words, but that was the impression he gave him. If he was wrong, he apologized to Mr. Montgomery. He wished Councilman Dawkins well on his retirement, and wished everyone a Happy New Year. Carol Atkinson, Bremerton Main Street Association, stated she has known Morrie for many years and it has been her privilege to have been able to work with him in the past. With no further business meeting adjourned at 6:15 P.M. KATHLEEN L. McCLUSKEY, City Clerk SHERRIL HUFF-MENEES, Council President City of Bremerton KLM/SH-M/me cc: Normal Distribution File/Vault 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL MINUTES - JANUARY 3, ' 1996 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 1-24-96 CITY COUNCIL JOHN E. LAW, PRESIDENT 1-16-96 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT__ I~Om~TIO~__ ~PPRO~D BY CO~CIL P~~N~OR SU~TT~: ~AYOR coUNCIL PRESIDENT 4. SLrM~4ARY STATEMENT AND REOUIREMENT FOR'COUNCiL ACTION: 8. ~ECOM]4ENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA'BILL NO: TAPE #1348 CITY COUNCIL MEETING MINUTES UNAPPROVED DRAFT JANUARY 3~ 1996 #0010 The regular 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, January 3, 1996, at 5:30 P.M., with Council President Sherril Huff-Menees presiding. Council members present were Bob Winters, Cecil McConnell, Carlos Montgomery, John Law, David Farr, Richard Neville, and Lon 0verson. council member A1 Colvin was absent. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Huff-Menees and Invocation given by Pastor James Berentson of Our Saviour's Lutheran Church. CONSENT AGENDA A. Minutes -- November 29, 1995 #AB96-001 M/S/C(Neville/Farr) to approve the Consent Agenda as presented. Vote On Motion: In Favor: Overson, Neville, Fart, Montgomery, Winters, Huff-Menees Abstained: Law, McConnell Motion carried. CLAIMS/CHECK REGISTERS There are no claims or checks this evening. President Huff-Menees welcomed new councilman Cecil McConnell who is attending his first City Council meeting. COUNCIL MEMBER REPORTS Mr. Winters wanted to address the citizens who came to him and expressed their disappointment in the way he voted regarding the development of the downtown waterfront project. He stated that he loves the City of Bremerton and wants to see the waterfront development happen. He stated he didn't ask many questions during the meeting because the City Attorney had already addressed the concerns he had. He stated this year he intends to work even harder on his research, and will be asking questions and voicing his concerns. Mr. McConnell announced the first District 2 Meeting Tuesday, January 9, at 6:30 PM, at Fire Station No. 3, which is located at 31st Street & Olympus Drive. TAPE #1348 City Council~Reg. Mtg. Minutes January 3, 1996 Page 2 of 5 Mr. Montqomez-f wished everybody a better year than we had last year, and stated Council will do their best. Mr. Law announced the District 3 Monthly Meeting will be held Tuesday, January 16, at 7:00 PM, at the Senior Center located at 13th & Nipsic. The topic will be the Downtown Development Plan, and asked citizens to bring their concerns and questions. Mr. Fart welcomed Mr. McConnell to the Council. Hr. Neville reminded everyone of an upcoming Neighborhood Information Network meeting on Tuesday, January 9, at 7:00 PM, at the Neighborhood Christian Center located at 5th & Warren. There will be a presentation by Mayor Lynn Horton. This is the meeting that was cancelled last month due to the wind storm. Mr. Overson said his goodbye again to Councilman Dawkins, and hoped he was watching. He complimented The Sun newspaper on the excellent article about Morrie and his career with the City. He also welcomed Mr. McConnell. NA¥OR,S REPORT Mayor Lynn Horton began by wishing everyone a happy new year. She then wanted to address comments made by people regarding the City leasing 30,000 square feet, or any other space, on the waterfront. Comments attributed to the Mayor were printed in the newspaper, and quoted her as saying that City Hall would have to be moved. She wanted to make it clear that she has never said we need to move City Hall. What she has said, is that at some point, the City will have to do something with City Hall. The building has some difficulty with handicapped accessibility, and there is a perpetual problem with the roof leaking. It has been almost 30 years since anyone has really looked at this facility. She has spoken to Fletcher Wright about what might be in the future for City Hall, since they are in the development business and they already have a plan for downtown. It seemed prudent to ask how they envisioned City Hall in the future, and that is as far as the discussion went. She has no idea how the rumor was started, but wanted to point out that even if there was some truth to it, she can not do anything without City Council approval. When, and if, the time comes for the City to look at the future of this building, it is her responsibility to look at the present facility and give Council her recommendations based on expert opinions. She has asked technical people to look at the Parks Department because that is a building that is also of great concern because of several problems caused by age. She felt it was very important to clarify this issue with the public. TAPE #1348 City Council'Reg. Mtg. Minutes January 3, 1996 Page 3 of 5 Mayor Horton then read the following Proclamations: January 1996 as NATIONAL RADIO MONTH. Don &tkinson, KITZ Radio, accepted, and stated how much he is enjoying being in the radio business. He appreciated this recognition, and the opportunity to serve the public. He stated this week they have brought on the NBC network, and they were pleased about that, and intend to continue making more improvements. Mayor Horton stated it was really nice to have a local radio station back in Kitsap County, and thanked them for their efforts. January 15, 1996 as MARTIN LUTHER KING, JR. DAY. Reverend Cleveland Williams, Ebenezer African Methodist Episcopal Church, accepted, and stated this was indeed a good year. Three days into the year, and already receiving this proclamation. He thanked the Mayor for the words read. He stated that Martin Luther King stood as a giant among all of us, and because of what he has done, our government has decreed a national holiday on January 15. Here in Kitsap County and the City of Bremerton, we want to go and commemorate the Dr. Martin Luther King at the Kitsap County Martin Luther King Day Celebration program to be held at the Kitsap County Pavilion, 1200 Fairgrounds Road, Two Superior Court Judges from King County will be guest speakers, the honorable Norma Smith Huggins, and the honorable LeRoy McCullough. Ail four school districts of Kitsap County will be involved, and the youth will present a 500-word essay on what the legacy of Dr. Martin Luther King means to them, and they will display art work depicting the era of the Civil Rights movement. He personally invited all of the Council members, the Mayor, all other City officials, and all constituents of Kitsap County to attend, and come as "we continue to march on in history to making this a better place for all of us to live". PUBLIC RECOGNITION Elizabeth Buell brought up the scotch broom issue, and wondered what the City is going to do about it. She pleaded with the city to come up with a solution quickly. Carol Atkinson, Bremerton Mainstreet Association, next Thursday, at 1:00 PM, they will be having their first official Blackberry Festival meeting of the year. She invited anyone who wanted to come and help or volunteer. The meeting has been scheduled in the Bremerton Police Resource Center, located on 4th Street. Peter Myers, a resident of the "buffer zone" voted-in November 16, 1995 by Council, quoted an official statement made by the Mayor that night, that "she would not condemn the property owners from their homes until an all-out effort was made to acquire the property through negotiations". First, he stated, he received a TAPE #1348 City Council'Reg. Mtg. Minutes January 3, 1996 Page 4 of 5 low, below-market offer he believed was unfair. He called it a flat, "take-it-or-leave-it" offer presented to him on September 11, 1995. Second, he made a counter-offer through his lawyer the end of November. Since then, he has heard nothing, just dead silence from the City. He always thought "negotiations" meant a process, a back-and-forth thing. He feels this is not what is being done. ~ordy Byrd, Bremerton resident, told of meeting up with a family he had previously known when he was in a foster home back in 1962. He had not seen this family since, and was happy to meet up with them again. He wished everyone a happy new year, and asked everyone to be kind to one another. APPOINTMENT OF WANDA L. BUTLER TO THE PARKS & RECReaTION COMMISSIONt #AB96-002 There are vacancies on the Parks & Recreation Commission. It is recommended that Wanda L. Butler be appointed to fill one of the vacancies. Mayor Horton stated that Ms. Butler is a retired teacher, with a masters degree. She taught Health and P.E. for many years in the South Kitsap School District. One of the things she feels very strongly about, is that the City needs to do a better job of marketing its Parks programs, which the Mayor wholeheartedly agrees with. Public comment - none. Mr. Neville asked if this appointment would then make a full commission? Mayor Horton stated no, that there are still vacancies. Two appointments will be forwarded to Council soon, and interviews are scheduled for one final spot. Mr. Neville then asked if there was still time for citizens in Bremerton to come down and apply for a position? Mayor Horton stated absolutely, she is always looking for qualified and interested people for the City's Boards and Commissions. She wanted to add that she has been delighted with the response from the public to the most recent requests for applicants. She also stated that applications are taken year-round. Mr. Winters asked what qualifications the City is looking for in an applicant? Mayor Horton said, regarding the Parks Commission, somebody who has expertise or an interest in some aspect of the City's Parks program, and the interest can be varied. She said the most important thing was a sincere desire and interest in the Parks system, or whatever Board or Commission the person would be applying for. She then looks for a "mix", or a diverse population on the Commission that reflects the City's demographics, and also how well they will function together. /© TAPE #1348 City Council'Reg. Mtg. Minutes January 3, 1996 Page 5 of 5 #0785 Mr. Overson asked if the applicants need to be from the City of Bremerton? Mayor Horton stated yes, except for a few exceptions. M/S/C/U(Neville/Montgomery) to confirm the appointment of Wanda L. Butler to the Parks & Recreation Commission. With no further business meeting adjourned at 6:02 PM. KATHLEEN L. McCLUSKEY, City Clerk SHERRIL HUFF-MENEES, Council President City of Bremerton KLM/SH-M/me cc: Normal Distribution File/Vault - AGENDA BILL BRE~TON CITY COUNCIL 1. SUBJECT: EVERGREEN. PARK SEAWALL FOR AGENDA OF: REPAIR & HABITAT PLANTING APPROVAL ORIGINATING DEPT: OF PROFESSIONAL SERVICES AGREEMENT ORIGINATOR: WITH HOUGH BECK & BAIRD, INC. DATE SUBMITTED: January 24~ 1996 Parks & Recreation Jim Spencer, Dir. January 11, 1996 2. CLE.~RANCES: (comment on back 3. E~H!BITS: if neqes~ary) Professional Service Agreement with Parks ~~ Hough Beck & Baird, Inc. City Attorney City Treasur r~ ~ Public Works/Uti. Operations ENDORSEMFJqT ×X INFgRM-ATION __ APPROVED BY COUNCIL P-~LE_~DE~t~ FOR SUBMITT.~L: 4. SL~M2~-IRY STATE"MENT AND REOUIRa~-"ME. NT FOR COUNC%% ACTION: Hough Beck & Baird were selected last year, through the bidding proces-s,, to prepare the Evergreen Park Master Plan. Their professionalism and expertise have been excellent, resulting in a comprehensive document for the future development of this popular park. This professional service agreement allows them to design the architectural and engineering plans required to stabilize the eroding shoreline at Evergreen Park and prepare the permits necessary to accomplish this work. The action before the City Council is approval of the agreement. The cost of this project shall not exceed $12,484.00. 8. RECOM~4ENDAT!ON: That the City Council authorize and direct the Mayor to execute the professional service agreement with Hough Beck & Baird, Inc., to provide the design and permit documents for construction and repair of Evergreen Park seawall and habitat planting. 9. RESPON$iBI~ OFFICIAL: Jim Spencer, Dir. ~N~ORC~M~OFFICZAL: Jim Spencer, Dir. EX~LRATION DATE: February 1, 1996 P.-mwFIm-~ DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION A_=PROVE. D DISA_=PROVE_D DATE: A~MENDED 2. CLEA~NCE COM24ENTS: 5. IMPACT ON NON-PASSAGE: Stabilizing the deteriorating shoreline along Evergreen Park is critical for the survival of this public area. It is the number one priority for Phase I development of the. Master PlaD. Delay will only mean further loss of land, continued unsightly areas within the park, and potentially hazardous 'areas should patrons try to access the water via eroded sections. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER No impact on staff, facilities, or equipment. This project is funded by the Real Estate Excise Tax fund for 1996. 7. RESEARCH SOURCES: N/A PROFESSIONAL SERVICES ~REE~ENT Evergreen Park Seawall Repair & Habitat Planting THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Hough Beck & Baird, Inc. (hereinafter referred to as "Consultant"). WI TNES SETH: 1. SCOPE: Consultant agrees to provide technical assistance to the City in the repair of the Evergreen Park seawall and habitat planting, more specifi, cally described as follows: o Preparation~of ~andscape/sprinkler irrigation plans and a civil engineering plan with related cost estimates and technical specifications, .including verification that all governmental requirements are met. Attend two workshop meetings for design review and coordination. o Preparation of permit applications to the Army Corps of Engineers and the Department of Fisheries. Attend one workshop meeting for permit comments, review and coordination. O Oversee bidding and respond to contractor's questions relating to the construction documents. Assist with the preparation of addenda. 0 Provide two field reviews and one final review to observe the progress and quality of project construction work. 2. TERM: Contract shall commence on February 1, 1996, and will terminate on August 30, 1996. 3. COMPENSATION: follows: City shall pay Consultant compensation as Total fees under this Agreement shall not exceed Twelve Thousand Four Hundred Eighty-four Dollars ($12,484.00). Charges for servicesrshall conform to the fee schedule attached hereto and incorporated herein as Exhibit "A". Consultant shall submit a monthly statement 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 claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed" PROFESSIONAL SERVICES AGREEMENT --1-- HOUGH.PSA - Disk 13 - 1/10/96 . 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 landscape architecture planning and urban design 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 the City nor 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 Parks and Recreation. 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 Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant agrees to defend, indemnify and save 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 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 or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. PROFESSIONAL SERVICES AGREEMENT -2- HOUGH.PSA - Disk 13 - 1/10/96 ~ENEIq~,L COND~T~ONS~ 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 Exhibit "A". 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 Clerk 239 Fourth St. Bremerton, WA. 98337 Hough Beck & Baird, Inc. Lenora Square 1000 Lenora Street Suite 516 Seattle, WA. 98121-2725 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 comply with all applicable local, state and federal laws in performance of all services under 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. Attorney 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. NO~DISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, PROFESSIONAL SERVICES AGREEMENT -3- HOUGH.PSA - Disk 13 - 1/10/96 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. HOUGH, BECK & BAIRD, INC. Date: BY: COLIE HOUGH-BECK, ASLA, President BY: FRED L. BECK, ASLA, Vice President CITY OF BREMERTON Date: BY: DEPARTMENTAL APPROVAL: LYNN HORTON, Mayor JIM SPENCER, Director of Parks & Recreation APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney RECEIVED FOR FZLIHG: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -4- HOUGH.PSA - Disk 1~; - 1/10/96 AGENDA BILL BREMERTON CITY COUNCIL 1. ~ McKENNA FALLS INTAKE/ UNION RIVER PROJECTS DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK 2. ~/(Comment on back l/~ ~-'~~ necessary) City ;fr~_a~re~ C OUm~f~ ~er~ C~~'~ dc~ ~ttee FOR AGENDA OF: January 24, 1996 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: Randy Witt~'~6~ DATE SUBMITTED: January 12, 1996 1. PROFESSIONAL SERVICES AGREEMENT Forestry Manager ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: A professional services agreement has been negotiated with R. W. Beck, Inc. to provide design and permitting assistance for three projects on the Union River. The projects are a new intake structure on the West Branch of the Union River, By-pass structure and gate modifications at the McKenna Falls Intake Facility, and river bank stabilization on the Union River between McKenna Falls Intake and Casad Dam. The services will include hydraulic modeling & design, permit drawings, and construction plans and specifications. (Please see continuation on page 2) 5. RECOMMENDATION~ The City Council authorize and direct the Mayor to execute the attached professional services agreement with R.W. Beck, Inc., in the amount of $78,972.00 to provide engineering design services for the Union River Projects. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Utit EXPIRATION DATE: REVIEW DATE: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT ~ REOUIREMENT FOR COUNCIL ACTION - Continuation R.W. Beck, Inc. was selected after reviewing qualifications of five firms on the City's consultant Roster. R.W. Beck, Inc. is qualified to perform all aspects of this project. The amount of the professional services agreement is $78,972. The action before the City Council is approval of the agreement. 5. IMPACT ON NON-PASSAGE: Design and construction would not proceed on these projects at this time. Maintenance problems at the West Branch & McKenna Falls Intakes would continue. Erosion would continue along the river bank that is jeopardizing the access road to the valve house at Casad Dam. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT ~ OTHER RES01/RCES: Approximately 120 hours staff time will be required for consultant assistance and project management. Expenditures of $63,781 from the Water Capital Fund and $15,191 from the Water Forestry Operating Budget. Sufficient funds were budgeted to complete this work. Facilities/Equipment: No impact. RESEARCH SOURCES: PROFESSIONS., SERVICES A~REEMENT McXenna Falls Facility\Engineering Design Upgrade THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and' R. W. BECK, INC., (hereinafter referred to as "Consultant"). WI TNES SETH: 1. 8COPE: Consultant agrees to provide engineering services for the design of upgrade to McKenna Falls Facility, stabilization of Union River streambank, and reconstruction of west branch intake facility, as further described in the "Union River Projects - Scope of Work", attached hereto and incorporated herein by this reference as Exhibit "A". 2. TERM: Contract shall commence on the date this agreement is executed and will terminate on December 31, 1996, unless otherwise extended by the City. 3. COMPENSATION:. City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Sev~nty-eight Thousand Nine Hundred Seventy-two Dollars ($78,972.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit a monthly statement 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 claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the city at the rate set forth in the Proposal, 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 the City nor 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 and PROFESSIONAL SERVICES AGREEMENT --1-- RWBE~.~A - Di~ 13 - 1~/~ 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 Bremerton Business License and any regulatory license required to fulfill its obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to. the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant agrees to defend, indemnify and save 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 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 or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. City agrees to defend, indemnify, and save harmless the Consultant, its appointed and elected officers, and employees from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, and expense, including costs and 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 or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, PROFESSIONAL SERVICES AGREEMENT -2- RWBiSCK.PSA - Di~k 13 - 114/96 whether such injures to persons or damage to property is due to the negligence of City, its subcontractors, agents successors or assigns. This provision shall be inapplicable to the extent the Consultant is judicially found negligent for such damage or injury. 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" and "B". 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 Clerk 239 Fourth St. Bremerton, WA. 98337 R. W. Beck, Inc. 2101 Fourth Avenue Suite 600 Seattle, WA. 98121-2375 ATTN: Mr. Jack Bjork 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 comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of PROFESSIONAL SERVICES AGREEMENT -3- RWBE~.PSA - D~ 13 - l~/~ Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney 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. T~INATION~ 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. R. W. BECK, INC. Date: BY: CITY OF BREMERTON Date: BY: DEPARTMENTAL APPROVAL: LYNN HORTON, Mayor W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney PROFESSIONAL SERVICES AGREEMENT -4- RWBE~.PSA- D~ ~3 - U41~ RECEIVED FOR FILING: KATHLI~N L. McCLUSKEY, ~ CLERK PROFESSIONAL SERVICES AGREEMENT -5- RWBECK.PSA - Disk 13 - 1/4196 January 4, 1996 EXHIBIT A Mr. Tom Knuckey Department of Public Works and Utilities City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310-4799 Dear Tom: Subject: Union River Projects Scope of Work We have developed a scope of work and budget for completing the three projects on the Union River. The schedule for West Branch Intake project ks considered the most critical, so work on the West Branch will be done first. To maximize efficiency, we propose to work the projects concurrently to the maximum extent possible. This will permit us to hold agency meetings, correspondence, and review meetings for all three projects at one time. The scope of work is divided into tasks with work common to all projects being combined. A separa, te set of construction documents will be prepared for each project. The signed plans will be prepared in accordance with City Standards and Appendix A of the HPA. R. W. Beck will complete both the technical specifications and the General Conditions using the specifications from the treatment plant design documents as a starting point. Minimal changes are anticipated in the General Conditions. A cost estimate will be prepared for each project, reflecting current public bid prices. A working meeting will be held with the City early in the design process to evaluate the conceptual designs of the three projects. Alternatives for screens, gates and other equipment will be reviewed, along with their advantages, disadvantages and associated costs. At this point in the design, the work products will consist of sketches rather than drawings. The purpose of the meeting ks for the R.W. Beck design team and the City staff to discuss the design concepts and proposed operation for each of the three projects. The goal of the meeting will be to agree upon the conceptual layouts which will be developed further during the design process. In addition, the major items of equipment will be identified. 00-00000- 60311-0303/A4-Z (o:~JORIGJCB104doc) 2101 Fourth Avenue, Suite 600 Seattle, WA 98121-2375 Phone (206) 441-7500 Fax (2001 441-4962 Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 2 Submittals will be made at 50 percent completion (5 sets), 90 percent completion (5 sets) and final (mylars and camera-ready specifications). For the 50% submittal, the specifications will consist of a detailed outline of the sections to be used and relevant sections taken from the treatment plant design documents. The 90% submittal will consist of a draft of all sections. The submittals and reviews for the three projects will occur at the same time. The City will complete the bidding process. Permit drawings will be created which meet the requirements of Appendix A of the JARPA application. The permit drawings will be in the required 8.5 inch by 11 inch format and will consist of a direct translation o1: the design drawings at approximately 50 percent completion. The permit drawings will show fewer sections and details than the design drawings. A separate set of permit drawings will be developed for each project. Task 1 Startup and Field Reconnaissance This task includes a review of the available information to develop an understanding of the problem. Work includes review of existing data and two field visits. During the second field visit, the area to be surveyed will be delineated. Task 2 Union River Bank Stabilization The work would consist of bank stabilization measures for approximately six separate reaches totaling about 700 linear feet of Union River below Casad Dam. The problem reaches are spread over about 2,000 feet of river... The bank erosion is currently endangering the access road to the base of the dam. The reaches experiencing erosion are discontinuous. The bank will be stabilized using riprap. Task 2a Surveying and Mapping Survey and mapping will be needed for the design drawings for the Bank Stabilization work. The design drawings will be used not only for the HPA application but also for the construction bid package. The surveying work will be done by the City of Bremerton. The City's staff will assist R.W. Beck..in delineating the area to be surveyed and the areas needing repair. The crew needs to survey and map only those reaches needing repair. Horizontal and vertical datums can be tied into the survey done for Casad Dam. The survey crew needs to pick up the following items: 00-00000-60311-0303/A4-2 (o:~J O RK'~J CB104.d oc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 3 Edges of the roadway gravel Top and toe of streambank/embankment Two points in the stream East edge of water and point on east bank about 4 feet above present water level Toe of slope south of road and several points uphill of toe Beginning and ending of repair areas Cross sections should be spaced not greater than 50 feet. Each problem reach should have a minimum of two cross sections. An AutoCad base map is needed as well as cross sections. Contour lines should be at 2-foot intervals. Task 2b Analyses Flow estimates are needed to design the bank stabilization. The Washington Department of Ecology, Dam Safety Section, completed a Periodic Dam Safety Inspection Report on Casad Dam in May 1994. As part of that investigation, they developed an HEC-1 hydrologic model to estimate the Probable Maximum Flood at the dam. This model has been obtained from the Dam Safety Section and will be used to estimate the 2 and 100-year peak flows along the problem reach. Recent regulations (WAC220-110-050) requires that the bank protection be designed to withstand a 100 year peak. This requirement means that the design will be quite conservative. The HPA applications also requires -that a 2-year flood be estimated. Hydraulic analyses will be done to determine the design stream velocities using HEC-2. The riprap will be designed for a single worst-case location along the stream. This design will be used throughout the reaches to be repaired. Water surface elevations will be determined for the 2 and 100 year floods. The riprap will be sized using two methods, Design of Riprap Revetments (FHWA HEC- 11) and Highways in the River Environment (FHWA). The two methods are used as a check. Task 2c Preparation of Plans, Specifications and Cost Estimates The purpose of our work would be to develop a design which would be suitable for submittal to the Washington Department of Fish and Wildlife (WDFW) for a Hydraulic Project Approval (HPA). The scope was developed considering input from the WDFW and from new regulations regarding an HPA. In years past, this type of work would have been very simple. However, the regulations have changed and the proposed work must meet stricter criteria and must be clearly laid out and described. The result is that our work effort would no longer be minimal. 00-00000-60311-0303/A4-Z (o:~BJORl~CB104.doc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 4 A four sheet set is anticipated: Title/Cover sheet 2 plan sheets at 1"=20' detail sheet The detail sheet will show 2 riprap sections, road restoration section, a planting detail and planting schedule. Planting spacing will be called out on the riprap cross section. The planting will be elementary in nature. Some road relocation is anticipated. The title or cover sheet will have a location map and sheet index. Task 3 Union River West Branch Intake The existing Union River West Branch intake is a reinforced concrete headwall with an integral intake structure. Upstream of the structure is the intake basin which encompasses 0.1 acres. On both ends of the structure, the intake basin slopes are stabilized by ecology blocks and riprap. The stream has no anadromous fish; however it does contain resident fish. Task 3a Hydrologic Analysis Peak flows will be estimated for the project site using generalized regression equations. An alternate method is correlation oi: flow data at the site for the period 1987 to 1991 with comparable long term gages. This could-be done only. if the City flow estimates at the site are accurate. The structure will be designed to not be overtopped by a 100-year peak. The measuring weir will be sized to handle the maximum flow that would occur while water is being diverted into the supply system (approximately 50 cfs). Task 3b Alternative Analysis R.W. Beck will examine the existing.structure and make a recommendation to modify or replace it. We will develop preliminary layouts for alternatives and estimate costs. The purpose of these layouts will be to select a preferred alternative. Operation of the main features will be evaluated (manual vs. automatic). The results will be presented in a letter and in a working meeting in Bremerton. 00-00000-60311-0303/A4-2 (o:~BJORK~CB104.doc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 5 Task 3c Preparation of Plans, Specifications and Cost Estimates The improvements will include the follow items: 1. A new bypass pipeline A new pipeline is needed to bypass low flows (0.5 cfs) during the summer so periodic maintenance and construction of the new intake can be completed. The pipeline would be about 150 feet long. A new structure will be designed upstream of the intake basin to allow flows to be diverted into the pipeline. The structure should be designed so that it can easily be made operational when needed but would have minimal hydraulic effects during the remainder of the year. The bypass structure will have vehicular access to one side. The bypass pipeline will discharge downstream of the existing headwall. The City has completed surveying and plotting of the survey data. R.W. Beck will develop a base map suitable for design from this survey file. Detailing of the existing structure will be done by R.W. Beck as part of the field visit. If additional survey data is required it will be collected by the City. 2. Existing Headwall and Intake Structure The existing headwall and intake structure have several features which are not satisfactory. An improved and enlarged screen is needed to permit easier manual cleaning. The existing headwall needs a larger gate t° bypass high flows the peak flow (as determined in Task 3a), sediment and"woody debris. The new gate will be manually operated. The overflow portion also needs to be larger to allow better measurement of the overflows. The new overflow will include a staff gauge to measure overflow depth. The design will include relocation of the existing ultrasonic level transmitter and stilling well. We will also develop a.stage vs. discharge curve for the new weir. The existing outlet channel and .box culvert are functioning adequately and will not be modified. The existing 12-inch pipeline is also adequate and will be reused. The ends of the existing structure will be improved, replacing the riprap and ecology blocks. 3. Improve Intake Basin The existing basin experiences considerable deposition of wash and bed loads. The basin floor and sides will be made easier to clean by the installation of concrete. Vehicular access will be'provided to the intake basin. The basin may also be reduced in width to increase sediment transport and decrease deposition. 00-00000-60311-0303/A4-2 (o:kBJORK'~ CB104.doc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 6 For this scope and budget estimate, it is assumed that the intake structure will be replaced. If a portion of the existing structure can be cost-effectively reused, then a saving in engineering time and fee may be realized. No time has been budgeted for an electrical engineer. In the event that automatic operation and controls are selected, an amendment in the profession services agreement would be needed. A seven-sheet design set is anticipated 1. Title/cover sheet 2. Site plan 3. Plan and sections of bypass intake 4 Details of bypass intake and bypass pipe profile 5. Plan, sections and details of new headwall and intake 6. Plan, sections and details of new headwall and intake 7. Details Task 4 McKenna Falls Facility The McKenna Falls Facility was reconstructed approximately 3 years ago. A reinforced concrete trapezoidal channel conveys the main stem of the Union River to the headwall and intake. The East Branch of the Union River is collected' and conveyed to the downstream side of the headwall and intake. Several work items are needed for this site: 1. Modifications to the Existing Headworks Several improvements are needed to the existing headworks. A larger gate is needed to release high flows through the headwall. The gate will be the maximum practical size that will fit in the middle bay. The capacity of the flow measurement weir needs to be increased and the low flow accuracy needs to be improved. The top of the existing overflow weir can be widened and lowered. This enlargement would be done in the eastern-most bay. The weir width and length will be maximized, based on the pipeline structure and submergence issues. Submergence will be evaluated using standard practices for intakes. In addition, a new weir may be proposed in the western-most bay. The top of the weir will consist of a large metal plate which is easy to adjust. An additional goal of these modifications will be to improve the hydraulics of the apron area to provide more uniform flow and less "dead" area. 00-00000-60311-0303/A4-2 (o:~BJORK~JCB104.doc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 7 2. Intake Basin Bypass A bypass system is needed to convey low flows from the main stem and the east branch around the facility. It would be used during construction of the headworks modifications and during routine maintenance of the channel, intake basin and structures as well as the apron area. The intake will be located on the upstream side of the existing culvert headway. The flow through the existing culverts will be controlled during construction and maintenance by an overflow stoplo$ structure on the upstream end of the culverts. The pipeline flow capacity will be 5 cfs and will be located on the north bank. The ouffaH will be downstream of the pedestrian bridge. 3. Apron Improvements Several improvements will be made to permit easier cleaning of the apron area. A stairway will be designed for access to the apron area. Both banks now consist of quarry spalls or loose rock. The banks will be lined with concrete or shotcrete. The bed is already lined with concrete. Some minor grading will be shown on the plans between the river and the traveling screen building to allow vactor truck access to the apron area. The design will be done using the electronic as-built drawings as a base map. If these are not available, there would be an additional fee to recreate them. A four-sheet set is anticipated: 1. Cover/Title Sheet 2. Site plan and bypass pipeline profile 3. Intake and pipeline sections and details 4. Weir, gate, stairs and concrete lining sections and details Task 5 Agency Coordination Agency coordination will be an important part of this project although no major environment issues are known. The permits will be obtained from a JARPA application -for each project. Permits include: · Hydraulic Project Approvals from Department of Fish and Wildlife, · Section 404 permits from the Corps of Engineers, · Shorelines permits, stream modification permits and grading permits from the City and · Temporary water quality waivers from the Department of Ecology. 00-00000-60311-0303/A4-2 (o:~BJORl~CBlO4.doc) Mr. Tom Knuckey City of Bremerton January 4, 1995 Page 8 In addition, SEPA checklists will be submitted for each project. The City will complete the applications and checklists and will obtain the actual permits. Each of the three projects will be permitted separately. R.W. Beck will provide technical assistance and will produce the specialized drawings required for all of the applications. R.W. Beck will be involved with the Washington Department of Fish and Wildlife (WDFW). WDFW will be actively involved in the design of the solutions for all three projects. Our work will include two field meetings to look at the current conditions, telephone conversations, a letter describing the alternatives and an informal preliminary submittal to WDFW. The letter describing the alternatives for the bank stabilization was requested by WDFW and will include the description of several alternatives, their costs and why the preferred alternative was selected. Task 6 Project Management This task includes administration, cost control, subconsultant invoice review, billing and quality control review. Budget The budget for the December 28, 1995. more quickly than expected, then the entire budget will not be used. filing, proposed work is shown on the attached spreadsheet, dated The budget shown..is a Not-To-Exceed amount; if the work goes Please be assured that we are eager to begin work and complete this work quickly. Please call me if you have any questions. Very truly yours, R. W. BECK Project Manager JCB/ato Attachment 00-00000-60311-0303/A4-2 (o:~BJ ORK'q CB 104.d oc) ENGINEERING COST ESTIMATE LABOR AND EXPENSES CLIENT: City of Bremerton PROJ NAME: Union River Projects PROJ MGR.: J. Bjork DATE: 1/3/95 SUMMARY TASK DESCRIPTION Labor EXl~n~ea Labor Total =1 Startup and. Field Reconnaissance $241 .4,546 $4,786 review data $2,701 2 field visits $1,845 Subtotals $4,546 12 Bank Stabilization $802 $14,389 $15,191 2a Surveying and mapping admin. $426 2b Riprap sizing $389 Hydraulics $935 ' ;Hydrology ,822 2c ~Conatruction Documents Cover/Title sheet] $414 3 sheets] $6,747 ) 3 permit draw!ngs $1,243 I Specs~ $2,829 I Estimate of Costs $584 I Subtotals $14,389 3 West Branch Intake $1,760 $34,910 $36,670 3a I Hydrologic Anai'ysis s ~ ss 3bI Alternative Analysis $3,199 3c Construction Do~:uments Create Base map $317 Cover/Title sheet $520 6 sheets $23,270 permit draw,!ngs s2,037 5 Specs $4,729 Estimate of Costs s643 Subtotals $34,910 4 McKenna Falls Modifications s807 $12,743 $13,550 Construction Documents Cover/Title sheet $300 3 sheets $9,085 3 permit drawings $1,141 Specs $1.654 Estimate of Costs s563 Subtotals $12,743 5 IAgency Coordination $70 $1,174 $1,245 Meetings and discussions $748 letter submittal $426 Subtotals $1,174 6 Project Management $238 $7,293 $7,531 Admininstration $3,973 Concept, Review meeting $1,560 QA/Qc $1.760 I Subtotals $7,293 EXHIBIT B TOTALS: $75,055 $3,917 $75,055 $78,972 I TOTAL PROJECT REVENUE $78.9y2 AGENDA BILL BREMERTON CITY COUNCIL An Ordinance increasin§ Penalty for Unauthorized use of Disabled Persons Parking FOR AGENDA OF: /- / 7- ~ ORIGINATING DEPT: Police ORIGINATOR: I n R. Sleve=s~6~ City Attorney DATE SUBMITTED: December 12, 1995 2. CLEARANCES: (Comment on back .... , CHIEF~OF~E ~~ ADMINISTRATIVE SERVICES ~/RECTOR ZO~CIL CO~ITTEE if necessary) 3. EXHIBITS: Proposed Ordinance Ch. 384, Laws of 1995 ENDORSEMENT [~INFQR~ATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. 8UMMJtRY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance increases penalty for the parking infraction of parking in a disabled person space from $50 to $175 as required by 1995 state law amendments. 8. RECOMMENDATION: Motion to approve on first reading Ordinance No. Motion to approve on second reading Ordinance No. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 8A CLEARANCE COMMENTS 5. IMPACT OF NON-PASSAGE= Continued fines and time limit regulations. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: PARKI#G'~.AB - Agendas - 1/~/96 ORDINANCE /4 ~ . ~-. AN ORDINANCE amending the parking code to increase penalties for disabled parking violations; and amending BMC Title 10. THE CITY OF BREM~RTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 10.11.030 of the Bremerton Municipal Code is hereby amended to read as follows: 10.11.030 PENALTIES. Unless specifically set forth elsewhere in this title, the penalties for each parking violation of the provisions o this chapter and Chapter 10.04, defined as an infraction, shall be: (h) Physically Disabled (public and private): $50.00 $175.00 Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this . day of ,1996. PASSED by the City Council of the City of Bremerton this day of ., 1996. JOHN E. LAW, Council President APPROVED this __ day of ,1996. LYNN HORTON, Mayor PARKING3.1RS - Ordinance Disk 2 - 113196 ATTEST: KATHLEEN McCLUSKEY, City Clerk PARKING3.1RS - Ordinance Disk 2 - 1/3/96 2 REGULAR y dock, designed for pleasure craft! see, or contract purchaser of sin not exceed two thousand five anals, waterways, drains, J or developed as a part of an ~stem waters, including return lands; state owned lands, when such ;e of the surface of the water; likes, ditches, drains, or other eveloped, or utilized primarily as a !ed to chapter 90.58 RCW to read he delineation of wetlands under 7 manual in use on January 1, 1995 ~nited States environmental mi protection agency · those changes and may adopt q to chapter 36.70A RCW to read Ldopted pursuant to this chapter y the department pursuant to sectior 1 to chapter 36.70A RCW to read as zed Substitute House Bill No. 1724), ~r city to adopt regulations applicable ~istent with the provisions of chapter Y SERVICES-- :RVICES new section to chapter 7lA. 10 RCW. ~HE STATE OF WASHINGTON: chapter 7tA. 10 RCW to read ~s ;dons by. st~q(eout t~s EAWS - Ch. 384, § 1 Thc legislature recognizes that the emphasis of state developmental disability se~wices is shifting from institutional-based care to community services in an effort to increase, the ~,~r~onal and social independence and fulfillment of persons with developmental d~abilitics, ~W'n~istent with state policy as expressed in RCW 71AA0.015. It is the intent of the legislature that financial savings achieved from program reductions and efficiencies within the developmental disabilities program shall be redirected within the program to provide public or private community-based services for eligible persons who would otherwise be unidentified or unserved. Approved May 16, 1995. Effective July 23, 1995, 90 days a/~er date of adjournment. MOTOR VEHICLES--PHYSICALLY DISABLED PERSONS-PARKING PLACES CHAPTER 384 S.B. No. 5873 AN ACT Relating to raising the fine for parking in places reserved for physically disabled persons; amending RCW 46.16.381 and 46.08.150; and prescribing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: Sec. 1.. RCW 46.16.381 and i994 c 194 s 6 are each amended .'to read as follows: (1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician: (a) Cannot walk two hundred feet without stopping to rest; (b) Is severely limited in ability to walk due to arthritic, neurological/or orthopedic condition; (c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device; (d) Uses portable oxygen; -, (e) Is restricted by lung disease 'to such an extent that'forced expiratory respiratory volume, when measured by spirometrY is less than one'liter per-s~.d/id~ oy. the ~a~i'terial oxygen tension is less than sixty mm/hg On' room air at rest; ' .... - ' ' (f) Impairment by cardiovascular disease or cardiac condition 'to the extent that the person's functional limitations are classified as class III or IV under standards 'accepted by the American Heart Association; or (g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant ~hall document that the disability is comparable in severity to the others listed in ~tl~is. subs.ection. (2) Persons who qualify for special parking privilege, s are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license' plates or placard may park in places reserved for mobility disabled persons. The director AddiUons. al', ind!cated by underiine; .deletions~ by ~ 1315 Ch. 384, § 1 REGULAR SESSION shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing h6mes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, private nonprofit agencies as defined in chapter 24.03 RCW, and vehicles registered with the department as cabulances that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, private nonprofit agency, or cabulance service if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, private nonprofit agencies, and cabulance services are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use. (3) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director. (4) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. The director may issue a second temporary placard during that period if requested by the person who is temporarily disabled. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician.. The parking placard of a disabled person shall be renewed, when required by the director, by satisfactory proof of the right to continued use of the privileges. (5) Additional fees shall not be charged for the issuance of the special placards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle. (6) Any unauthorized use of the special placard or the special license plate is a misdemean- or. (7) It is a +..-Mfic parking infraction, with a monetary penalty of .~-ffy one hundred seventy- fiv__e dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction ff the person produces in court or before the court appearance the special license plate or placard required under this section. A local jurisdiction providing on-street parking places reserved for physically disabled persons may impose by ordinance time restrictions on the use of these parking places. v. _ section ....... re+~_i;ncd (8) The ~z~'.'~n ^~ ~ penalty imposed under subsection (7) of this ' +~+ ;~ by · ~ !~"-! jm~.sd;.e?.'on ""~ ~cqxr ~ ~ ~n, ~ ~n ,nn ~ a~ n~n q ~ ~n ~ ~5.20.220 shall be used by that local jurisdiction exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the local jurisdiction for any costs it may have incurred in removal and storage of the improperly parked vehicle. (9) It is a misdemeanor for any person to willfully obtain a special license plate or placard in a manner other than that established under this section. Sec. 2. RCW 46.08.150 and 1961 c 12 s 46.08.150 are each amended to read as follows: The director of general administration shall have power to devise and promulgate rules and regulations for the control of vehicular and pedestrian traffic and the parking of motor vehicles on the state capitol grounds. However' the monetary penalty for parking a motor vehicle without a valid special license plate or placard in a parking place reserved for physically disabled persons shall be the same as provided in RCW 46.16.381. Such rules and 1316 Additions are indicated by underline; deletions by et:,.'k_~e,_". 1995 LAWS regulations shall be promulgated by state capitol and shall be given s~ Approved May 16, 1995. Effective July 23, 1995, 90 days after CRIMES--PERS AN ACT Relating to persistent prise adding a new section to chapter ? BE IT ENACTED BY THE L~ NEW SECTION. Sec. I. A ne~' (1) An inmate of a state correcti~ committed on or ~er August 1, 19! the inmate knowingly commits a ser B felony, after losing all potential e (2) "Serious infraction" means by department of corrections rules (3) "State correctional institution' (4) The crime of persistent prison RCW 9A_20.021. The sentence im sentence being served at the time Sec. 2. RCW 9.94A.320 and 199 each reenacted and amended to re~ CRIMES INCLUDED XV Aggravated Murder XIV Murder 1 (RCW 9A Homicide by abuse XIII Murder 2 (RCW 9A XII Assault 1 (RCW 9A Assault of a Child XI Rape 1 (RCW 9.~4~ Rape of a Child 1 ( X Kidnapping I (RCV Rape 2 (RCW 9A.4 Rape of a Child 2 ( Child Molestation 1 Damaging building (RCW 70.74280(i Over 18 and deliv. someone under 1 Additions are i REGULAR SE~ placards and license plates to · chapter 18.51 RCW, nters, private nonprofit agencies i with the department as )een determined eligible for ector may issue special license nsportation authority, nursing t agency, or cabulance service if !isabilities described in this section. cding homes, senior citizen centers, · ~ponsible for insuring that the special' nd are responsible for all fines and his or her interest in the vehicle, the zhicle. If another vehicle is acquired. Cora special plate, the plate shall be fiately notified of the transfer of the .3 person, the removed plate shall be ,me manner and at the time required ~der this chapter. No special license.~:~ bled. A person who has a condition emporary placard for a period not to .~porary placard during that period ff 'the condition exists after six months a new certification from the disabled ad person shall be renewed, when ht to continued use of the privileges. uance of the special placards. No" cial license plates except the regular d taxes required to be paid upon Ch. 385, § 2 1995 ~AWS _ regulations shall be promulgated by publication in one issue of a newspaper published at thc state capitol and shall be given such further publicity as the director may deem proper· Approved May 16, 1995. Effective July 23, 1995, 90 days after date of adjournment. CRIMES---PERSISTENT PRISON MISBEHAVIOR CHAPTER 385 S.S.B. No. 5905 AN ACT Relating to persistent prison misbehavior;, reenacting and amending RCW 9.94A.320; adding a new section to chapter 9.94 RCW; and prescribing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON.- NEW SECTION. Sec. 1. A new section is added to chapter 9.94 RCW to read as follows: (1) An inmate of a state correctional institution who is serving a sentence for an offense committed on or after August 1, 1995, commits the crime of persistent prison misbehavior ii' the inmate knowingly commits a serious infraction, that does not constitute a class A or class B felony, after losing all potential earned early release time credit. (2) "Serious infraction" means misconduct that has been designated as a serious infraction by department of corrections rules adopted under RCW 72.09.130. (3) "State correctional institution" has the same meaning as in RCW 9.94.049. (4) The crime of persis.tent prison misbehavior is a class C felony punishable as provided in RCW 9A.20.021. The sentence imposed for this crime must be served consecutive to any sentence being served at the time the crime is committed. Sec. 2. RCW 9.94A.320 and 1994 sp. s. c 7 s 510, 1994 c 275 s 20, and 1994 c 53 s 2 are each 'reenacted and amended to read as follows: special license plate is a misdemean- enalty of .~-%' one hundred seventy- .~ place provided on private property ysically disabled persons without a~ ~ith a violation, the person shall not -son produces in court or before the ~quired under this section. A local? for physically disabled persons maY;: :e parking places. ~7) of this section ~ ~, ~?-2.-~.9, cr ~29___~9 shall be used at. The court may also impose an sdiction for any costs it may have ~d vehicle. : dna special license plate or placard On. ~ each amended to read as follows:: · to devise and promulgate rules and ~ traffic and the parking of motor netary penalty for parking a motor ~ in a parking place reserved for in RCW 46.16.381. Such rules and etions by sldimout TABLE 2 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL XV Aggravated. Murder I (RCW/10.95.020) XIV Murder i (RCW 9A2~2.030) Homicide by abuse (RCW 9A.32.055) XIII Murder 2 (RCW 9A.32.050) XII Assault 1 (RCW 9A.36.011) 'Assault of a Child 1 (RCW 9A.36.120) X Rape 1 (RCW 9A.44.040) Rape of a Child 1 (RCW 9A.44.073) Kidnapping I (RCW 9,a~40.020) Rape 2 (RCW 9A.44.050) Rape of a Child 2 (RCW 9A.44.076) Child Molestation 1 (RCW 9~44.083) Damaging building, etc~, by explosion with threat to human being (RCW 70.74.280(1)) Over 18 and deliver heroin or narcotic from Schedule I or II to someone under 18 (RCW 69.50.406) Additions are indicated by underline; deletions by stdkaout 1317 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # o] 5 57 , regarding recovery of fees for the removal of garbage on the property located at 833 - 10th Street. FORAGENDA OF: January. 24, 1996 ORIGINATING DEPT: Building Dept. ORIGINATOR: Janet Ltmceford DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) '- ~/ I City Attorn~~'~ City Treasurer: 3. F_aXHIBITS: 1. Resolution # -~ 5" ~ 7 2. Clerk Report ENDORSEMENTSd INEO~RMATION APPROVED BY COUNCIL P~T FOR SUBMITTAL: MAYOR ~-~-7~.-.0~ -- COUNCILPRESIDENTy~'--~---~--~r-'~-'~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On 11/27/95, the City was forced to remove garbage and debris from the property located at 833 - 10th Street, after the owners, Anthony and Regina Cota, failed to obey a Notice and Order to Remove Refuse within 72 Hours. The abatement fund was charged $831.40 for the work. RECOMMENDATI ON: It is recommended that Council, by resolution # ..~ 5 ) '7 , order that the fees incurred for the abatement of the garbage and debris at 833 - 10th Street, be collected as reasonable abatement costs, and become a personal obligation against the owners, Anthony and Regina Cora, which if not collected within 30 days shall become a lien against the property. 9. RESPONSIBLE OFFICIAL: Scott Erickson ENFORCEMENT OFFICIAL: Scott Erickson EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED AMENDED DATE: 1. AGENDA BILL NO.: q0- O I''7/ 2. CLEARANCE COMMENTS: o IMPACT OF NON-PASSAGE: The City would forfeit the costs of this abatement. o IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. o RESEARCH SOURCES: N/A RESOLUTION A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 833 - 10th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the removal of garbage and debris at 833 - 10th Street, Bremerton; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs by personal obligation against the property owner, which if not collected within 30 days will become a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: That the City of Bremerton confirms the Building Official's report of charges as correct and .just charges for garbage and debris removal from 833 - 10th Street, Bremerton and directs the City Attorney to collect the charges as a personal obligation against the owners, Anthony and Regina Cota, which if not collected within 30 days shall become a lien against the property. PASSED, by the City Council of the City of Bremerton this 1996. day of JOHN LAW Council President 43 CITY OF BREMERTON * 239 4th Street * Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: January 2, 1996 Kathleen McCluskey, Dir. of Admin. Svcs. Janet Lunceford, Building Department. Garbage abatement fees, 833 - 10th St. Don Pratt, Scott Erickson On November 27, 1995, the Street Department removed garbage and debris from the property located at 833 - 10th St., after the owners, Anthony and Regina Cota, failed to obey the Order to Remove Refuse within 72 Hours posted on the property on November 21, 1995. The fees incurred are as folloWs: Street Dept. Fees $776.00 Administrative Fees $ 55.40 Total Fees $831.40 I have scheduled a public hearing for January 24th and will submit an agenda bill for your approval. Celebrating 50 Years of Freedom · wed Dec 6, 1995 2:03 pm City of Bremerton - Streets -- Billing Details Street Department Summary of Services for : November 1995 Date W.O. ~ Description Regular Overt[me PAGE BLAB Costs 11/17/95 SD950284 REMOVE FENCE SE CORNER LOXIE/ARSENAL COLEN COREY HADLEY KENTNER '94 JD410 BACKHOE '90 INT. 5 YARD DUMP TRUCK 11/20/95 SD950284 REMOVE FENCE SE CORNER LOXIE/ARSENL COLEN COREY '90 INT. 5 YARD DUMP TRUCK DUMP FEES FOR 1995 4.0 hr 3.0 hr 4.0 HR 3.0 HR 2.0 hr 2.0 HR 10.0 YD 11/21/95 SD950284 HAUL DEBRIS FROM REMOVAL OF FENCE SE CORNER LOXIE/ARSENAL JAY-PEE BAGE 2.0 hr '90 INT. 10 YARD DUMP TRUCK 3.0 HR DUMP FEES FOR 1995 10.0 YD 11/27/95 SD950288 ABATEMENT AT 833-10TH STREET/CLEAN YARD/DEBRIS STEVE BOWMAN 7.0 hr COLEN COREY 2.0 hr HADLEY KENTNER 7.0 hr RILEY THOMPSON 1.0 hr '91GMC S-15 4X4 EXT. CAB P/U 1.0 HR '94 JD410 BACKHOE 3.0 HR '90 INT. 5 YARD DUMP TRUCK 7.0 HR '92 GMC 1-TON P/U 2.0 HR DUMP FEES FOR 1995 i5.0 YD 11/28/95 SD950286 ABATEMENT AT 1915-10TH STREET/CLEAN UP GARBAGE BILL EDWARDS 3.0 hr '93 GMC 1-TON DUMP 3.0 HR HADLEY KENTNER 4.0 hr '94 ,7D410 BACKHOE 2.0 HR '90 INT. 10 YARD DUMP TRUCK 4.0 HR RILEY THOMPSON 1.0 hr '91GMC S-15 4X4 EXT. CAB P/U 1.0 HR DUMP FEES FOR 1995 10.0 YD 11/28/95 SD950291 ABATEMENT AT 1340 HAYWARD AVE. HAUL OFF DEBRIS BILL EDWARDS 3.0 hr '90 DODGE 1-TON (DIESEL) 3.0 HR 11/28/95 SD950290 ABATEMENT AT 3323 KITSAP WAY (BANNER CAR WASH) CLEAN UP DEBRIS BILL EDWARDS '90 DODGE 1-TON (DIESEL) 11/29/95 SD950291 ABATEMENT AT 1340 HAYWARD AVE. REMOVE DEBRIS BILL EDWARDS '93 GMC 1-TON DUMP RILEY THOMPSON '91 GMC S-15 4X4 EXT. CAB P/U DUMP FEES FOR 1995 3.0 hr 3.0 HR 2.0 hr 2.0 HR 1.0 hr "' 1.0 HR 7.0 YD 104.00 78.00 128.00 39.00 52.00 26.00 82.00 52.00 78.00 82,00 182.00 52.00 !82.00 26.00 6,00 96.00 9!.00 18.00 123,00 78.00 27.00 104.00 64.00 104.00 26.00 6.00 82.00 ?8.00 27.00 78.00 27.00 52.00 18.00 26.00 6.00 57.40 $2,357.40 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # /~[93g' , regarding recovery of fees for the removal of garbage on the property located at 1915 - 10th Street. FOR AGENDA OF: January 24, 1996 ORIGINATING DEPT: Building Dept. ORIGINATOR: Janet Lunceford DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) City Clerk ~, ~,~_c-{_~~ Ci~ attorn~ ~ Ci~ Trmsurer: ~~ 3. EXHIBITS: 1. Resolution # 2. Clerk Report ENDORSEMENT X' INFORA4ATION APPROVED BY COUNCIL P~T FOR S~BMITTAL: MAYOR ~p~---~- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On 11/28/95, the City was forced to remove garbage and debris from the property located at 1915 - 10th Street, after the tenant, Darrell Elliott, failed to obey a Notice and Order to Remove Refuse within 72 Hours. The abatement fund was charged $546.40 for the work. RECOMMENDATION: It is recommended that Council, by resolution # c~ 5'_~ g , order that the fees incurred for the abatement of the garbage and debris at 1915 - 10th Street, be collected as reasonable abatement costs, and become a personal obligation against the tenant, Darrell Elliott, which if not collected within 30 days will become a lien against the property. 9. RESPONSIBLE OFFICIAL: Scott Erickson ENFORCEMENT OFFICIAL: Scott Erickson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED DATE: 1. AGENDA BILL NO.: c{b - iQ { ? 2. CLEARANCE COMMENTS: o IMPACT OF NON-PASSAGE: The City would forfeit the costs of this abatement. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION # ,~P.~3 .,~ A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 1915 - 10th Street and determining means of collection. WHERF&S, the City of Bremerton incurred costs for the removal of garbage and debris at 1915 - 10th Street, Bremerton; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs by personal obligation against the property owner, which if not collected within 30 days will become a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just and has considered the report of charges filed by the Building Official and any protests or objection filed; now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: That the City of Bremerton confirms the Building Official's report of charges as correct and just charges for garbage and debris removal from 1915 - 10th Street, Bremerton and directs the City Attorney to collect the charges as a personal obligation against the tenant, Darrell Elliott, which if not collected within 30 days shall become a lien against the property. PASSED, by the City Council of the City of Bremerton this 1996. day of JOHN LAW Council President CITY OF BREMERTON * 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: Janua~ 2,1996 Kathleen McCluskey, Dir. of Admin. Svcs. Janet Lunceford, Building Department. Garbage abatement fees, 1915- 10th St. Don Pratt, Scott Erickson On November 28, 1995, the Street Department removed garbage and debris from the property located at 1915 - 10th St., at~er the tenant, Darrell Elliott, failed to obey the Order to Remove Refuse within 72 Hours posted on the property on October 23, 1995. The fees incurred are as follows: Street Dept. Fees $491.00 Administrative Fees $ 55.40 Total Fees $546.40 I have scheduled a public hearing for January 24th and will submit an agenda bill for your approval. · Celebrating 50 Years of Freedom ·