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HomeMy WebLinkAbout03/13/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 -- CITY COUNCIL AGENDA MARCH 13t 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT ~GEND~ 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 - February 21, 1996 #AB96-049 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Interlocal Agreement - Traffic Control Signals With The City Of Port Orchard Interlocal Agreement - Traffic Control Signals With Kitsap County Overwater Park Biological Mitigation Monitoring Contract With Fish Pro Inc. D. Kitsap Physicians Service Contract For 1996 ORDINANCES A. Ordinance #4547 (Second Reading) Reorganizing The Hearing Examiner Function B. Ordinance (First Reading) Setting Wastewater Rates #AB96-048 ~i #AB96-054 ~ 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL ~INUTES'- FEBRUARY 21; 1996 3-13-96 FOR AGEND~i OF: ORIGINATING DEPT: City Council ORIGINATOR: 3ohn Law~ President DATE SUBMITTED: 3-6-96 2. ~: (comment on back if necessary) 3. ~XHIBI~$: 8. ~COMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED TAPE #1359 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES February 21, 1996 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, February 21, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, David Farr, Lon Overson. Council members Richard Neville and Sherril Huff-Menees 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 Law and Invocation given by Councilman A1 Colvin. CONSENT AGENDA - NONE CLAIMS/CHECK RE~ISTERS 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(Colvin/Montgomery) on February 21, 1996, the Council does approve for payment those vouchers included and further described as follows: 195310 through 195436 in the amount of $164,913.77; and Regular Payroll for the period ending 2-15-96, in the amount of $674,858.85. President Law announced Councilman Richard Neville is recovering nicely and should be returning in a week or two. COUNCIL MEMBER REPORTS Mr. Overson commented on the new trash cans recently installed downtown. Mr. McConne11 announced this evening starting at 6:00 P.M., at the Parks and Recreation Center,a meeting is being held regarding the development of a 20-acre parcel between Eagle Hardware Store and Almira Drive. He encouraged any residents in that area to attend that meeting. He also urged residents of District #2 to attend the District #1 Neighborhood Meeting on February 22 to hear a presentation on the downtown waterfront by Fletcher Wright representatives. Mr. Colvin announced the District #1 Neighborhood Meeting on February 22, 1996, 7:00 P.M., at the Parks and Recreation Center. TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 2 of 12 The two main topics for that program will be the Sinclair Landing Project and Scotch broom. Mr. Law reported on a good turn out at District #3's Neighborhood meeting. The presentation made by Kitsap County Prosecuting Attorney Russ Houge was quite enlightening and Sergeant Tom Pratt listened to citizen concerns and passed on the latest things happening in their area. MAYOR'S REPORT Mayor Horton brought the results of a survey she conducted several weeks ago. Mayor Horton read the following Proclamation: Month of February as NARFE (National Association of Retired Federal Employees). Don Serry accepted the proclamation. PUBLIC RECOGNITION Carol Adkinson, Bremerton Main Street Association read into the record a letter from Lou Weir, President of Bremerton Main Street Association, in which her referenced a newspaper article by Devin Dwyer in which it stated:" .... Lou Weir, President of the Bremerton Main Street Association, is lobbying for more citizen input on the project." Mr. Weir did not attend the meeting Mr. Dwyer referenced; therefore he had no comment. And, as a downtown property owner and member of the Bremerton Task Force, he wholeheartedly supports the Sinclair Landing project and has stated so publicly several time. 7A - WORKERS' COMPENSATION CLAIMS ADMINISTRATION CONTRACT - JOHNSTON & CULBERSONt ~AB96-036 The City's self-insures its workers' compensation obligations and utilizes the services of a certified third party claims administrator to make claim payments. In response to a City RFP, three claims administration firms were recently interviewed and Johnston & Culberson was selected as the most qualified service provider. The service fee for this contract is $12,500 per year plus a one-time takeover fee. Pegq7 Lesser, Risk Manager, stated the City has been using the services of Willis Caroon Administrative Services to handle Workers Compensation claims process for about five years. The City decided it was time to check the market and sent out a request for proposals, resulting in six submittals, which were screened down to three. The review committee interviewed the three top applicants, and unanimously chose Johnston & Culberson. Public comment - none. TAPE #1359 city Council Reg. Mtg. Minutes February 21, 1996 Page 3 of 12 #0924 Mr. Overson stated he understood that contracting with this firm would provide some cost savings to the City and was Ms. Lesser prepared to quantify those over the next six months? Ms. Lesser stated she felt it would be difficult to quantify, but she could provide Council with statistics. She anticipates the City will be contracting with a better qualified firm with better professional service providers. It is known that better claims management reduces claim costs. Mr. Fart asked the number of open claim files? Ms. Lesser stated there are 20 open files. The current claims administrator has been actively working to close those files so that on March 1 very few of them will remain open. M/S/C/U(Montgomery/Winters) to approve the Professional Services Agreement with Johnston & Culberson. 7B - BUDGET ARENDMENTREQUESTS FOR FOREST RIDGE PARK ANDPENDERGAST PARK IMPROVEMENTS, AND CONCESSIONS AT LIONS FIELD AND PENDERG~ST P]tRK, #~B96-037 The Parks and Recreation Department requires budget amendments to accomplish the following three tasks: (A) Remodel of the Forest Ridge Restroom was targeted for completion in the 4th quarter of 1995. Scheduling conflicts made this impossible. Request reappropriation of the $10,000 allocated in 1995 out of the Real Estate Tax fund to 1996. (B) In the past, operation of the concessions at Lions & Pendergast was contracted out. The Parks & Recreation Department is proposing to operate this service. First year costs are estimated at $64,120, which includes labor, supplies, and capital purchases. We anticipate breaking even in the first year of operation. Profits in future years will be diverted to the Pendergast Construction Fund. (C) In order to bring fields 4, 5, and 6 up to grade at Pendergast, stabilization of the toe of the slope on field 5 is required. It is requested that an additional$10,000 toward "capital outlay" be reallocated within the Pendergast Park Construction Fund so that this task can be accomplished. This$10,000 comes out of "Ending Working Capital". Jim Spencer, Parks and Recreation Director, asked that each Budget Adjustment be discussed and acted upon separately. He explained item (A) and the fact that the work would be completed in the first quarter of 1996; therefore they are requesting re reapportion the $10,000 to cover the restroom improvements at Forest Ridge Park. Public comment - none. Mr. Winters asked if work had begun on the restrooms? Mr. Spencer TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 4 of 12 #1026 stated yes, and they are nearing completion of the project. M/S/C/U(Overson/Montgomery) to reappropriate $10,000 from Real Estate Excise Tax Fund 109 from 1995 to 1996 so that restroom improvements can be completed at Forest Ridge Park. Mr. Spencer outlined Item (B) and explained with Pendergast Regional Park coming on line his department looked at the concession operation and as a department decided it would be beneficial to the City to assume responsiblity for concession services. He sees taking on those responsibilities as an opportunity to raise revenue that could be used for construction in completion of the Pendergast facility. He wants to offer full service operations at the ball parks and that the Parks Department is in the best position to provide that full service since they are responsible for scheduling the events. He believes he has a built in labor pool in the form of their summer Leadership In Training Program, which is made up of young people, who have worked as volunteers in the department for a number of years. In year one they are looking at worst case scenario that the services will break even, but he is hopeful they can achieve a greater success. Public comment - none. Mr. Farr stated at first he was skeptical of the City getting into the concession business, but after receiving complaints from some ball tournament participants about the lack of concession services available during tournament play he now sees the need for better coordination of those services. He also liked the idea of providing an employment opportunity for youth within our community. Mr. Winters asked the number of years the concession service was handled by a private contractor? Pat Westhoff, Parks Department, stated 14 years off and on by Darrell Erickson of Crazy Erics. Mr. Winters stated he felt the City owed Mr. Erickson a great "thank you" for his work over the years at the ball park, and having %he City take over the concessions is no reflection on his fine work. Mr. Overson noted he believes the Parks Department is prepared to address the concerns identified and heartily endorses their enthusiasm and anticipates the program will succeed under Mr. Spencer's direction. He would like some input on how the program is working in the not to distant future. Mr. Winters questioned the size of the ice machines to be acquired? Mr Spencer stated he is looking at two different sizes, the largest of which would be a 700 lb. capacity, a smaller would be 400 lb.. TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 5 of 12 #1259 #1395 When a large tournament is scheduled, they will bag ice ahead of time in order to have an adequate supply available. M/S/C/U(Montgomery/Farr) to appropriate $64,120 to General Fund 001-51 to allow for in-house operation of the concessions at Lions Field and Pendergast in 1996. Mr. Spencer outlined Item (C) and explained in order to move along development of fields #4, #5 and #6, at Pendergast Regional Park, to a rough grade condition, work needs to be done at the toe of field #5, which is located by the detention pond. An offer has been made by an individual to assist with the improvement, which will cost $10,000. The original budget appropriation for 1996, $12,000, was allocated for development of fields #4, #5 and #6. Currently, approximately $6,000 has been spent on erosion control measures associated with the slope above the detention pond. In order to fix the problem and allow the opportunity to bring field #5 to grade, an additional $10,000 will be needed. The Budget Adjustment proposes allocation of those funds to commence the needed work. This funding would come out of Ending Capital. Public comment - none. Mr. Farr noted during the Fiscal and Budget Committee Mr. Spencer indicated that the $10,000 was much less than what the work would actually cost if the normal process was used. He asked how much is the City saving through this process? Mr. Spencer explained the work would be done by Ace Paving and they estimated the work could cost as much as $35,000; therefore, the City is looking at a dramatic savings and provide a significant improvement. M/S/C/U(Farr/Winters) to appropriate an additional $10,000 to "capital outlay" from "ending working capital" in the Pendergast Park Construction Fund 308 for stabilization of the toe of the slope. 7C - APPROVAL OF LON~ TERM LICENSE FOR PUGET POWER PARK, ~AB96-058 In April of 1994, Mayor Horton contacted Puget Power about joint use of their property, which is located at the North end of Elizabeth Street under the Warren Avenue Bridge. This is a beautiful piece of waterfront property with both mountain and water views. This lease agreement allows the City an opportunity to create a passive park that will offer citizens the opportunity to picnic, fish and enjoy a spectacular Olympic Mountain view. Jim Spencer, Parks and Recreation Director, showed slides of the subject area pointing out the beauty aspects of the site, i.e. access to the water, view of Olympic Mountains, areas for picnic TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 6 of 12 #1649 #1715 tables, benches, etc. Puget Power is providing the City an opportunity, at virtually no cost, to share in this piece of property as long as it is used for public recreation. Bill Enqer, Puget Power, stated this is a great opportunity for the City and Puget Power to participate in a project that will be beneficial to the community. He pointed out there is no lease fee involved in this transaction. Don Larson, President of Washington Scuba Alliance, commented the subject site is a spectacular dive site for scuba divers. M/S/C/U(Colvin/Montgomery) to authorize and direct the Mayor to sign the Lease Agreement with Puget Power for the establishment of this park. 8A - ORDINANCE #4544 (SECOND READING) TRACYTON BEACH PRE-ANNEXATION ZONING AND COMPREHENSIVE PLAN DESIGNATION, #AB96-031 President Law asked the "Appearance Of Fairness/Conflict of Interest" question with Council members being seated. Public comment - none. M/S/C(Overson/Farr) to pass Ordinance #4544, on second reading, amending the Official Comprehensive Plan and Zoning Map of the City of Bremerton for property located west of the City limits along Tracyton Beach Road. Vote on motion: In Favor: Overson, Farr, Law, McConnell, Colvin Opposed: Montgomery, Winters Motion carried. 8B - ORDINANCE ~4545 (SECOND READING) TO AMENDCITY'S COMPREHENSIV~ PLP.N TO COMPLY WITH THE FINAL DECISION AND ORDER OF THE GROWT~ NANAGEMENT HEARINGS BOARD, ~AB96-035 Kathleen McCluske¥, City Clerk, read into the record the following letter received from Helen Haven-Saunders, 3353 Anderson Hill Road SW: "My latest experience with the Bremerton City Council was a truly painful one. I have spent many hours listening to your meetings and waiting for a turn to be heard. Your Valentine's Day meeting included several time-consuming agenda items, and I warned our children that we'd be gone late. The Council was generally quite civil to the Tracyton neighbors who came to address plans for their area, although the developer's exhibits were not scrutinized and the neighbors were... As I listened, I crossed out several points I had intended to make, and softened my language. Finding TAPE #1359 City Council .Reg. Mtg. Minutes February 21, 1996 Page 7 of 12 the right tone is very difficult, because I always hope for more understanding and do not wish to shut doors myself. In the wake of the hearing on the 14th, however, the points I decided to omit need to be made. Members of our group, the Association to Protect Anderson Creek, have always attempted to be respectful to you as public servants and elected officials, as well as fellow human beings; we too deserve to be treated with respect. Although our homes, our wells, and our neighborhood are at risk, we have attempted to deal with you honorably. During the last hearing on the option to sell this land, some of the Council members became very angry and dismissive toward the opposition members. Mr. Overson said something about how residents of the area were more likely to be careless stewards, and to pollute the water by bad management practices, than any industrial developer; and Mr. Montgomery made statements about nonvoters, for which he later apologized, and our status as non- City residents. I was shocked and disheartened by the tone of hostility and contempt toward us at that hearing. Your responsibility to be leaders includes creating an atmosphere at public hearings in which issues can be debated in a humane and evenhanded fashion. The British have a tradition of polite debate in which the other partisan is thought of as the Honorable Opposition. In many venues, we in Kitsap County would benefit by emulating this tradition. Our group's president and I waited for more than five hours to speak to you for a few minutes last week. All of us were tired and strained by the eventful agenda. You listened patiently to Mr. Sciepko's repeat sales pitch. Only three people remained to speak in opposition to him; very little more patience would have been necessary to end the evening with dignity and humanity. You were all, during~the time that I spoke, quite polite to me, and to the Bremerton citizen who preceded me. However, you were remarkably savage with Mr. Della-Rovere, who has always spoken to you with respect and restraint. Mr. Overson had, apparently, stayed up too late, and had quite lost his temper; he interrupted Mr. Della- Rovere repeatedly, cutting short his questions about school impacts with misinformation which was not corrected by staff or other Council members, and summing up his diatribe with a comprehensively dismissive and insulting attack on both of us. I respectfully raise several questions, and request answers to be given now as they are asked: To the Planning Manager or the City Attorney: Has the City indeed enacted impact fees, and does the Comprehensive Plan address the issue of impact to schools within or outside the Bremerton School TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 8 of 12 District, as was asserted by Mr. Overson? (City's response will be identified by a #1) To the Planning Manager or the City Attorney: Are any changes in the Plan possible at this date, or are these hearings merely a hollow formality? If that is not a fair characterization, what sorts of changes could be made? (City's response will be identified by a #2) To the Council Chair and the Council in general: wish to consider a policy about civility? Does the Council To Council person Overson: Does Mr. Overson regret his testiness? This city has some very viable neighborhoods, with a clear sense of who they are and what they want. Your city government could be an energetic synergy between these neighborhoods, with activists pulling hard for new projects because they feel invested in the process. Instead, when faced with a really hard issue, like the sewer plant's persistent problems, or siting industry near the city to plan for future independence from the Navy's whims, you have attempted to solve the problem by condemning elderly people's homes, or impacting neighborhoods on your borders whose citizens aren't your constituents and are therefore inconsequential to you. Bremerton is developing the reputation of being a dangerous municipal neighbor. We hope, as a neighborhood on your borders, that your experiences so far will be merely an unhappy episode in a mutually rewarding future. We need changes; there's a long way to go." Ron Houqh, Planning Manager, answer Mrs. Haven-Saunders' questions as follows: (1) In this case it is not the Bremerton School District, but rather South Kitsap School District. The City has not initiated Impact Fees for anything, especially any kind of school impacts, which was a City decision not to impose Impact Fees on new development. Part of the Hearings Board decision on the appeal of the City's Comprehensive Plan stated the City is not required to conduct an impact analysis to designate a certain area for a particular use, if there is no proposal for any kind of development. That statement was made specifically in regard to the Industrial Park area of the Anderson Creek vicinity. To do a study on a hypothetical situation would be a waste of City time and resources, so it was suggested waiting until some sort of concept is submitted. (2) Until the final reading of the ordinance is acted upon, there is the possibility to make a change. Ian Sievers, City Attorney, stated perhaps the writer of the letter at the last meeting noted there were qualitatively two issues and one being to correct the plan. As he stated in his opening comments, TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 9 of 12 #2229 Council held extensive hearings on the basic Plan, but on the area around Anderson Creek, this was the first City Council hearing on those Comprehensive Plan designations for those areas because of the annexation and because of the change in surplusing decision made a few weeks ago. If there was a substantive change in the rest of the Plan besides that area, in fairness Council would need to go back and reopen the public hearing according to their own procedures. Kathleen McCluskey, City Clerk, stated the last two questions raised by Mrs. Haven-Saunders have nothing to do with this Agenda item. David Saunders, Port Orchard, questioned if the any member of City Council had discussion of any kind with the proponent or their representatives on the issue of Anderson Creek at any other time other than a public hearing? President Law stated it may have been at a Study Session, which was open to the public; however, he wasn't completely sure the issue was address in a Study Session. Mr. Fart reported he had one phone discussion just directing the proponent to another organization, but there was no substantive discussion. Mr. Montqommry asked Mr. Saunders if he was aware of anyone making that statement? Mr. Saunders stated no. Mayor Horton stated an Executive Session was held when the City was considering surplusing the property concerning the terms of the potential sale, but beyond that there has been no discussion having to do with land use. She clarified that neither Mr. Sciepko or his wife were present at the Executive Session. M/S/C/U(McConnell/Montgomery) to pass Ordinance #4545, on second reading, adopting the Bremerton Comprehensive Plan and including amendments ordered by the Growth Management Hearings Board. Mr. Overson stated sometimes his business like military approach has an adverse affect on people, but he was not apologizing because it has served well in the past. And, the community has a definite benefit that this area is being developed in this manner and the property that is appropriate to the Anderson Creek area has been defined and set aside to be untouched so that Anderson Creek will stay as pristine as it is. Mr. Colvin wanted those opposing this proposal to know he appreciates their concern. Vote on motion - Unanimous. Law stated in reply to Mrs. Haven-Saunder's concern over Mr. Overson's attitude, he recognizes Mr. Overson's value to the City TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 10 of 12 and believes the City is getting a bargain in having him as a Councilman. 9A - PUBLIC HEARING - RESOLUTION ~2540 REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT WERNER ROAD ~ MADISON STREET, KITSAP COUNTY ASSESSOR'S TAX NUMBER 4564-001-027- 0007, OWNED BY WILLI~%~ & NATAS~]% gESKO, #~B96-039 In October and November of 1995, the City performed demolition of two buildings which had been declared unsafe after the owners of the property, William and Natasha Sesko, failed to do so as ordered by the Building official. The fees for the work totaled $18,707.20. Kathleen McCluske¥, City Clerk, stated Council received copies of "Objections To Request For Approval Of Lien" filed by Mr. Sesko this afternoon. Ian Sievers, City Attorney, explained this is a hearing on the reasonableness of abatement costs. The Building Official is to file with the Clerk a report specifying the work completed and itemizing the total cost of the work. Council is to adjudicate the reasonableness and correctness of that report. This is not an appeal on the abatement itself or the conditions and terms of the abatement order. There is a separate appeal process for that process; however, he was not sure if the property owner has filed an appeal of the abatement order. Mr. Winters questioned if he should step down from this issue since he received a call from Mrs. Sesko on February 16, regarding his personal company providing services for an event? Mr. Sievers stated he may want to judge whether or not he had any personal judgement against the community of Mr. Sesko and his wife, or if there was something about that conversation relating to this issue he could remain seated if he states the substance of that conversation. Mr. Winters stated the substance of that conversation was the celebration of the Chinese New Year holiday, which was to be held at the Suquamish Clear Water Casino, and Mrs. Sesko wanted to know his fees and if he was available to perform on a specific date. President Law asked the "Appearance Of Fairness/Conflict of Interest" question with Mr. Winters asking to step down and the remaining Council members being seated. Janet Lunceford, Building Department, stated the subject site was annexed into the City in December 1994 or January 1995. In March of 1995 the Building Official abated three structures on the site, one being a site built house and two that had been moved onto the TAPE #1359 City Council Reg. Mtg. Minutes February 21, 1996 Page 11 of 12 #2733 property by Evan Burley. The Abatement Orders gave Mr. Sesko a chance to obtain permits for the repair or demolition of the structures by April 30, with all the work to be completed by May 31, 1995. On April 28, two days before the permit deadline, Mr. Sesko and Mr. Burley appealed the abatement, which then went to the Board of Appeals. The Board of Appeals upheld the Building official's determination that the buildings were dangerous. In July 1995, the Building Official allowed Mr. Sesko to obtain a Demolition Permit for the site built house. Mr. Sesko had until August 1, 1995, to complete the abatement and have all debris removed. On August 18, Mr. Sesko was informed by the Building Official that due to his failure to complete the demolition, the City would go ahead with the abatement of all three structures on that site. Mr. Burley subsequently demolished one of his "moved" buildings on that site, leaving the site built house and one building resting on cribs. The City conducted an asbestos abatement and took action to demolish both houses starting on October 26, 1995. Bob Tulp, Public Works Operations Manager, stated he would standby for any questions. William Sesko stated for clarification that most of the property was owned by Evan Burley and it was by an agreement, with cooperation of the City and County, that those houses were moved there, and one of the houses was to be moved farther up on the hill and the other one was to be demolished, which he did. The house that was to be moved further up the hill was not completely on his property, one half on his property and half on the alley. He believed Mr. Tulp would agree that the house was on wheels ready to be moved. Public comment - none. M/S/C/U(Montgomery/Overson) to approve Resolution #2540, order the fees incurred for the abatement of the unsafe structures located on the Sesko property at Werner and Madison Streets be collected as reasonable abatement costs and become a lien against the property. Mr. McConne11 asked if Mr. Tulp knew how long the one house was setting on wheels? Mr. Tulp stated the cribs and wheels were still there when they removed the house. The house was supported by 8' X 8' cribs, not the wheel structure. Mr. Farr asked Mr. Tulp to address Mr. Sesko's comment that one house was only on half of his property and the other half on the alley. Mr. Tulp explained there is a plotted undeveloped City right-of-way (alley), which would only be developed in cooperation TAPE #1359 city Council Reg. Mtg. Minutes February 21, 1996 Page 12 of 12 with the property owners as they develop the property. There was no current development on the property. Mr. Sesko owns the property and it is his choice to work that development. He did have several conversations with Mr. Sesko about his wanting the right-of-way rocked, but Mr. Tulp stressed that was not what they do at the maintenance operations, that is an engineering development and there are steps and permitting processes as property is developed. It was his knowledge that Mr. Sesko also accepted rent from Mr. Burley from the time it was parked at that site. Vote on motion - unanimous. With no further business meeting adjourned at 6:54 P.M.. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Interlocal Agreement - Traffic Control Signals with the City of Port Orchard FOR AGENDA OF: March 13, 1996 ORIGINATING DEPT: PWO Street Division ORIGINATOR: Robert E. Tulp DATE SUBMITTED: March 4, 1996 2. CLEARANCES: (conFaent on back OPERATIONS COMM. PW DIRECTOR back i.~necessary) . 3. EXHIBITS:  Interlocal Agreement PURCH. SUPERVISOR ~ CAL/BUDGET ~YOR ~. H~A COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Approval of agreement between the City of Bremerton and the City of Port Orchard to maintain traffic signals located within the City of Port Orchard 8. RECOMMENDATION: TO APPROVE INTERLOCAL AGREEb~NT BETWEEN CITY OF BRE~RTON AND CITY OF PORT ORCHARD TO MAINTAIN TRAFFIC SIGNALS. 9.RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: no ne 5. IMPACT ON NON-PASSAGE: Loss of income 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: none 7. RESEARCH SOURCES: This is an on-going contract. INTERLOCAL AGREEMENT WHEREAS, the City of Port Orchard owns Traffic Control Signals situated within the Port Orchard City limits; and WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by Port Orchard; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: Section 1: Parties: This Agreement is by and between the City of Bremerton, hereinafter referred to as "Bremerton" and City of Port Orchard, hereinafter referred to as "Port Orchard". Section 2: Term: This Agreement shall become effective on January 1, 1996, and will terminate on December 31, 1998, at 11:59 p.m. Section 3: Payment: In consideration for the services provided, Port Orchard shall pay Bremerton the sum of Fourteen Thousand Six Hundred Sixty-three and 71/100 Dollars ($14,663.71) for the term of this Agreement, due to Bremerton in equal monthly installments in the amount of Four Hundred Seven and 33/100 Dollars ($407.33) In the event that the Port Orchard adds traffic signals requiring maintenance, Port Orchard shall pay the sum of Two Thousand Four Hundred Forty-three and 95/t00 Dollars ($2,443.95), per year, for each signal added, due to Bremerton in equal monthly installments. pro-rated for the remaining months of the current year. Payment for additional lights shall be Thereafter, payments shall be due to Bremerton by January 1st for the remaining successive years of the contract. INTERLOCAL AGREEMENT --1-- PORCHARD.AGI - Disk 13 - 1/30/96 At the beginning of each successive year thereafter, the annual payments due on January 1st shall automatically be adjusted by the percentage change in the "All Items" category of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Everett metropolitan statistical are (1982-84 = 100), as published for the month of August. If at any time during the term of the contract the practice of computing the Index for the City of Seattle, shall be abandoned or altered by the U.S. Department of Labor, and not assumed by some other federal or state governmental agency, then there shall be substituted therefore as mutually agreed the most nearly comparable cost of living index. Section 4: Service Provided: (a) All services listed in this agreement shall be provided and limited to locations of traffic signals, flashers, school warnings, fire signals and street light installations listed in Appendix "A" attached hereto and incorporated herein by this reference. (b) Bremerton shall provide electronic, electrical repairs, electrical inspection, preventive maintenance and equipment upgrades as requested or directed by the Port Orchard City Engineer; Provided, That Bremerton shall not be required to perform major electrical repairs as determined by the Port Orchard City Engineer and Bremerton's Electronics's Supervisor; and, Provided further, Bremerton shall not be required to perform electrical repairs where labor costs exceed Five Hundred Dollars ($500.00) per occurrence, based on cost of materials and the city's outside services labor rate. (c) Bremerton shall provide repair parts which shall include, but are not limited to, transistors, integrated circuit chips, resistors, diodes, capacitors, tubes, wire, and modules; INTERLOCAL AGREEMENT -2- PORCIIARD.AGT - Disk 13 - 1/30/96 Provided, Bremerton shall not be required to provide major components and/or assemblies; and, Provided.further, That the determination of what constitutes a major component and/or assembly shall be made by the Port Orchard City Engineer and Bremerton's Electronics Supervisor. Bremerton shall not be required to provide repair components and/or assemblies in excess of Five Hundred Dollars ($500.00) in value. (d) Bremerton will replace all lamps upon bum-out. (e) Bremerton shall provide labor and materials for the repair of defective traffic signal loops. Bremerton shall not be responsible for saw cutting and sealing of traffic signal loops, replacement of loops due to damage created by contractors, or additional loops necessary for intersection upgrade or design change. (f) Upon approval of the Port Orchard City Engineer, Bremerton shall provide parts for upgrade of traffic signals, and will bill Port Orchard within thirty (30) days of installation; Provided, That the annual total of upgrade parts shall not exceed Fifteen Thousand Dollars ($15,000.00). (g) In the performance of the services set forth in (a) through (e) above, Bremerton shall be responsible for and shall provide and pay all wages, salaries, tools, vehicle usage, training, utilities, postage, freight, telephones, overhead costs, and all other direct or indirect costs or expenses incurred; Provided, That in the performance of the services set forth in (f) above, Bremerton shall provide wages, salaries, tools, vehicle usage and all costs with the exception of the cost of the upgrade of parts, as set forth in (f) above. Section 5: Equipment: Bremerton shall provide services described in Section 4, for the traffic control equipment listed in Appendix "A". The equipment includes and is limited to: INTERLOCAL AGREEMENT -3- PORCHARD.AGT - Disk 1~ - 1/30/96 a. Traffic signal controller equipment; b. Traffic signal indicator load switches; c. Traffic signal detection equipment; d. Traffic signal conflict monitor units; e. Traffic signal pre-emption equipment (OPTICOM); f. Traffic signal cabinet wiring; g. Traffic signal loops; and h. Street lighting, including control, ballast, photo cells, igniters, and lamps. Section 6: Time of Service: The services set forth in Section 4 shall be available Monday through Friday during regular business hours. After regular business hours and during weekends, and holidays, Bremerton shall have available for Port Orchard, those same services as it provides for its own needs. Provided, That during weekends, holidays or after regular hours, if Port Orchard is unable to secure services from Bremerton listed in this Agreement, then Port Orchard may secure such services elsewhere and deduct the cost thereof from any amounts owing or to be owed to Bremerton under the contract. Bremerton shall make available to Port Orchard telephone numbers through which services can be obtained. Section 7: General Conditions: a. 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. b. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. INTERLOCAL AGREEMENT -4- PORCHARD.AGT - Disk 13 - 1/30/96 c. Notices - Any notices required to be given by Bremerton to Port Orchard, or by Port Orchard to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Port Orchard City Clerk 736 Prospect Port Orchard, WA 98366 d. 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. e. Compliance with State, Local and Federal Laws - Parties agree to comply with all applicable local, state and federal laws in performance of all services under this Agreement. f. 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. Section 8: Hold Harmless: Bremerton agrees to indemnify Port Orchard from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Bremerton, its employees, or agents in connection with the performance of this Agreement. Port Orchard agrees to indemnify and defend Bremerton from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of Port Orchard, its employees, or agents in connection with the performance of this agreement. Section 9: Nondiscrimination: Bremerton shall not discriminate in employment or INTERLOCAL AGREEMENT -5- PORCHARD.AGT - Disk 13 - 1/30/96 services provided on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. Section 10: Subsequent Contracts: In the event Bremerton desires to provide maintenance service to Port Orchard beyond December 31, 1998, Bremerton shall submit, in writing, to Port Orchard and estimate of its monetary requirements no later than July 31, 1998. In the event that Bremerton does not desire to provide maintenance service to Port Orchard beyond December 31, 1998, Bremerton shall notify count, in writing, no later than July 31, 1998. Section 11: Termination: This Agreement shall be terminated by either party, without cause, upon twelve (12) months 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and year written below. CITY OF BREMERTON Date DEPARTMENTAL APPROVAL: BY: LYNN HORTON, Mayor W. EUGENE SAMPLEY, Director of Public Works & Utilities INTERLOCAL AGREEMENT -6- PORCHARD.AGT - Disk 13 - 1/30/96 APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney CITY OF PORT ORCHARD Date BY: RECE~-VED FOR FU_.ING: KATHLEF_.N L. McCLUSKEY, CITY CLERK INTERLOCAL AGREEMENT --7-- PORCHARD.AGT - D~sk 13 - 1/30/96 APPENDIX "A" The following is a. list of the traffic signals that are covered by the Agreement and is hereby appended to the contract: SIGNALS 1. Tremont Street/Sidney Avenue 2. Tremont Street/Pottery Street INTERLOCAL AGREEMENT -8- PORCHARD.AGT - Disk 13 - 1/~0/96 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Interlocal Agreement - Traffic Control Signals with Kitsap County 2. CLEARANCES: Icomment on back i~ necessary) FOR AGENDA OF: ORIGINATING DEPT: PWO Street Division ORIGINATOR: Robert E. Tulp DATE SUBMITTED: February 2, 1996 3. EXHIBITS: .~~g4 --'~',/~&~ / ~ Interlocal Agreement PW D RECTOR / \ PW OPERATIONS MGR. ~ ~ , ,,~~ - ! ~~ · EN~M~~ I~O T,ION~~Y CO~CI~RESID~ ~. S~Y ST~TBM~T ~D REQHIRE~NT FOR Approval of agreement between the City of Bremerton and Kitsap County to maintain traffic signals located within Kitsap County 8. RECOMMENDATION: TO APPROVE INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY TO MAINTAIN TRAFFIC SIGNALS. 9.RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED COUNCIL DIRECTIVE: DISAPPROVED AMENDED DATE: 11. AGENDA BILL NO: 7B 2. CLEARANCE COMMENTS: none 5. IMPACT ON NON-PASSAGE: Loss of approximately $60,000 per year in income 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: none 7. RESEARCH SOURCES: This is an on-going contract. INTERLOCAL AGREEMENT WHEREAS, Kitsap County owns all Traffic Control Signals situated within Kitsap County; and WHEREAS, the City of Bremerton has personnel skilled in maintaining traffic control equipment and is desirous of providing maintenance services to the traffic control equipment owned and operated by Kitsap County; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, IT IS HEREBY AGREED AS FOLLOWS: Section 1: Parties: This Agreement is by and between the City of Bremerton, hereinafter referred to as "Bremerton" and Kitsap County, hereinafter referred to as "County". Section 2: Tern: This Agreement shall become effective on January 1, 1996, and will terminate on December 31, 1998, at 11:59 p.m. Section 3: Payment: In consideration for the services provided, County shall pay Bremerton the sum of One Hundred Thirty Thousand Seven Hundred Ninety-one and 08/100 Dollars ($130,791.08) for the term of this Agreement, due to Bremerton in equal monthly installments in the amount of Three Thousand Six Hundred Thirty-three and 09/100 Dollars ($3,633.09) In the event that the County adds traffic signals requiring maintenance, the County shall pay the sum on One Thousand Six Hundred Seventy-six and 81/100 Dollars ($1,676.81), per year, for each signal added, due to Bremerton in equal_monthly installments. Payment for additional lights shall be pro-rated for the remaining months of the current year. Thereafter, payments shall be due to Bremerton by January 1st for the remaining successive years of the contract. INTERLOCAL AGREEMENT --1-- TRAPFICC.AOT- Disk 13 - 1110196 At the beginning of each successive year thereafter, the annual payments due on January 1st shall automatically be adjusted by the percentage change in the "All Items" category of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the Seattle-Everett metropolitan statistical are (1982-84-100), as published for the month of August. If at any time during the term of the contract the practice of computing the Index for the City of Seattle, shall be abandoned or altered by the U.S. Department of Labor, and not assumed by some other federal or state governmental agency, then there shall be substituted therefore as mutually agreed the most nearly comparable cost of living index. Section 4: Service Provided: (a) All services listed in this agreement shall be provided and limited to locations of traffic signals, flashers, school warnings, fire signals and street light installations listed in Appendix "A" attached hereto and incorporated herein by this reference. Co) Bremerton shall provide electronic, electrical repairs, electrical inspection, preventive maintenance and equipment upgrades as requested or directed by the Kitsap County Traffic Engineer; Provided, That Bremerton shall not be required to perform major electrical repairs as determined by the Kitsap County Traffic Engineer and Bremerton's Electronics's Supervisor; and, Provided further, Bremerton shall not be required to perform electrical repairs where labor costs exceed Five Hundred Dollars ($500.00) per occurrence, based on cost of materials and the city's outside services labor rate. (c) Bremerton shall provide repair parts which shall include, but are not limited to, transistors, integrated circuit chips, resistors, diodes, capacitors, tubes, wire, and modules; INTERLOCAL AGREEMENT -2- TRAFFICC.AOT- Di~ 13 - 1110196 Provided, Bremerton shall not be required to provide major components and/or assemblies; and, Provided further, That the determination of what constitutes a major component and/or assembly shall be made by the Kitsap County Traffic Engineer and Bremerton's Electronics Supervisor. Bremerton shall not be required to provide repair components and/or assemblies in excess of Five Hundred Dollars ($500.00) in value. (d) Bremerton will replace all lamps upon bum-out. (e) Bremerton shall provide labor and materials for the repair of defective traffic signal loops. Bremerton shall not be responsible for saw cutting and sealing of traffic signal loops, replacement of loops due to damage created by contractors, or additional loops necessary for intersection upgrade or design change. (0 Upon approval of the Kitsap County Traffic Engineer, Bremerton shall provide pans for upgrade of traffic signals, and will bill the County within thirty (30) days of installation; Provided, That the annual total of upgrade parts shall not exceed Fifteen Thousand Dollars ($15,000.00). (g) In the performance of the services set forth in (a) through (e) above, Bremerton shall be responsible for and shall provide and pay all wages, salaries, tools, vehicle usage, training, utilities, postage, freight, telephones, overhead costs, and all other direct or indirect costs or expenses incurred; Provided, That in the performance of the services set forth in (f) above, Bremerton shall provide wages, salaries, tools, vehicle usage and all costs with the exception of the cost of the upgrade of parts, as set forth in (f) above. Section 5: Equipment: Bremerton shall provide services described in Section 4, for the traffic control equipment listed in Appendix "A". The equipment includes and is limited to: INTERLOCAL AGREEMENT -3- TRAFFICC.AOT. Disk 13 - 1/10/96 a. Traffic signal controller equipment; b. Traffic signal indicator load switches; c. Traffic signal detection equipment; d. Traffic signal conflict monitor units; e. Traffic signal pre-emption equipment (OPTICOM); f. Traffic signal cabinet wiring; g. Traffic signal loops; and h. Street lighting, including control, ballast, photo cells, igniters, and lamps. Section 6: Time of Service: The services set forth in Section 4 shall be available Monday through Friday during regular business hours. After regular business hours and during weekends, and holidays, Bremerton shall have available for County, those same services as it provides for its own needs. Provided, That during weekends, holidays or after regular hours, if County is unable to secure services from Bremerton listed in this Agreement, then County may secure such services elsewhere and deduct the cost thereof from any amounts owing or to be owed to Bremerton under the contract. Bremerton shall make available to County telephone numbers through which services can be obtained. Section 7; General Conditions: a. 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. b. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. INTERLOCAL AGREEMENT -4- TRAFFICC.AOT- D~k 13 - 1/10/96 c. Notices - Any notices required to be given by Bremerton to County, or by County to Bremerton shall be in writing and delivered to the following parties at the following addresses: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Kitsap County Traffic Engineer Public Works Department 614 Division Street MS-26 Port Orchard, WA 98366 d. 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. e. Compliance with State, Local and Federal Laws - Parties agree to comply with all applicable local, state and federal laws in performance of all services under this Agreement. f. 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. Section 8: Hold Harmless: Bremenon agrees to indemnify Kitsap county from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, mused solely by the negligence or willful misconduct of Bremerton, its employees, or agents in connection with the performance of this Agreement. Kitsap County agrees to indemnify and defend Bremerton from any loss, cost, or expense claimed by third parties for property damage and bodily injury, including death, c~used solely by the negligence or willful misconduct of Kitsap County, its employees, or agents in connection with the performance of this agreement. INTERLOCAL AGREEMENT -5- TRAIzFIC~2.AOT- Di~ 13 - 1110/96 Section 9: Nondiscrimination: Bremerton shall not discriminate in employment or services provided on the basis of race, color, national origin, sex, religion, age, marital status or disability in employment or the provision of services. Section 10: Subsequent Contracts: In the event Bremerton desires to provide maintenance service to County beyond December 31, 1998, Bremerton shall submit, in writing, to County and estimate of its monetary requirements no later than July 31, 1998. In the event that Bremerton does not desire to provide maintenance service to County beyond December 31, 1998, Bremerton shall notify count, in writing, no later than July 31, 1998. Section 11: Termination: This Agreement shall be terminated by either party, without cause, upon twelve (12) months 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement the dates and year written below. CITY OF BREMERTON Date DEPARTMENTAL APPROVAL: BY: LYNN HORTON, Mayor W. EUGENE SAMPLEY, Director of Public Works & Utilities INTERLOCAL AGREEMENT -6- TRAFFICC.AGT- Disk 13 - 1110196 0 FORM: IAI~ I~SIEVERS, City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Date BY~ CHAIRPERSON COMMISSIONER COMMISSIONER RECEIVHD NOR FIL1NO: KATI-ILEEN L. McCLU~KEY, C1TY CLERK INTERLOCAL AGREEMENT -7- TRAFFICC.AGT- Disk 13 - 1/10/96 APPENDIX "A" The following is a list of the traffic signal, flasher, school warning, fire signal, and street lighting installations that are covered by the Agreement and is hereby appended to the contract: SIGNALS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Anderson Hill Road & Provost Road Bethel Avenue & Wal-mart (to be added 1st Qtr 1996) Bucklin Hill Road & Mickelberry Road Bucklin Hill Road & Randall Way Bucklin Hill Road & Tracyton Boulevard Central Valley Road & Fairgrounds Road Kitsap Mall Boulevard & Plaza Road Kitsap mall Boulevard & Randall Way Lund Avenue & Bethel Avenue Lund Avenue & lackson Avenue Mickelberry Road & Myhre Road Mickelberry Road & Ridgetop Boulevard Mile Hill & Village Lane National Avenue & Loxie Egans Boulevard Pine Road & Riddell Road Randall Way & North Point Mall Ridgetop Boulevard & Hilkboro Drive (to be added 1st Qtr 1996) Ridgetop Boulevard & Myhre Road Ridgetop Boulevard & Pinnacle (to be added 1st Qtr 1996) Sidney Road & Sedgewick Road Silverdale Way & Bucldin Hill Road Silverdale Way & Byron Street Silverdale Way & District 1 Fire Station Silverdale Way & East Kitsap Mall Entrance Silverclale Way & Kitsap Mall Boulevard $ilvcrdale Way & Myhre Road Silverdale Way & Pedestrian Crossing $ilverdale Way & Randall Way FLASHERS 1. Lincoln Road & Widme Road (Eagles Approach) 2. Waghom Road & Pioneer Way 3. Clear Creek Road & Half Mile Road INTERLOCAL AGREEMENT -8- TRAFFICC.AGT- Disk 13 - 1/10/96 4. Brownsville Hiway S-curves (2 units) 5. Bucklin Court 6. Alder & Jacobsen 7. Trenton Avenue & East 30th 8. Newberry Hill Road & Dickey Road 9. Seabeck Hiway & Holly Road 10. Seabeck Hiway & Newberry Hill Road 11. Silverdale Way & Anderson Hill Road Crosswalk 12. Central Valley & Foster Road 13. $outhworth Drive at Harper Dock 14. Southworth Drive at Stolhton Road SCHOOL FLASHERS 1. West Kingston Road - Kingston Junior High School 2. Barber Cut-off Road - Gordon Elementary 3. Waghom Road - Briedablik Elementary 4. Clear Creek Road - Monfissouri School (Private) 5. Olympic View Road - Cougar Valley Elementary 6. Ridgetop Boulevard at Boardwalk - Ridgetop Junior High School 7. Central Valley Road at Foster - Cottonwood Elementary 8. Central Valley Road - Woodlawn Elementary 9. Tracyton Boulevard (May Street) - Tracyton Elementary STREET LIGHTING 1. Newberry Hill Road at Chico Way 2. All Street Lighting Mounted on Traffic Signal Poles at Intersections INTERLOCAL AGREEMENT -9- TRAPFICC.AGT- Disk 13 - i/10/9~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Overwater Park Biological Mitigation Monitoring Contract with Fish Pro, Inc. FOR AGENDA OF: ORIGINATING DEPT ORIGINATOR: DATE SUBMITTED: March 13, 1996 Public Works&itilities ~N R. Witt, City_ En~nee~r~oq 'x February_ 29, 1996 2. CLEARANCES: (comment on' Director, Public Works/Utilities Director, Parks City Attomey City Treasurer - Budget & Finance Committee Operations Committee MAYOR EXHIBITS Consultant Services Comract Budget Adjustment Request APPROVED BY COUNCIL PRESIDENT FOR &l ~~L~.. ~ COUNCIL PRESIDENT ,:~~v'>' ~.~-~'-'''' SUivlMARY STATEMENT AND REQUIREMENT FOR COU~'CIL ACTION: As part of the Overwater Park project, the beach immediately adjacent was rehabilitated as a condition of the permits to construct the Boardwalk. The permit also required the city to periodically monitor the biological activi~ on the beach. A consultant services agreement in the amount of $21,370 has been negotiated with Fish Pro, Inc. to determine the biological activity and document the activity to the permitting agencies. Additionally, a budget amendment is attached increasing the project budget by $4,100, fi.om $19,200 to $23,300. T'nis reflects the funds available for the 1996 mitigation monitoring. 8. RECOMMENDATION: That the City Council authorize and direct the Mayor to execute the attached agreement with Fish Pro, Inc. in the amount of $21,370 for the biological monitoring of the Overwater Park mitigation beach and to approve the budget amendment increasing the project budget by $4,100 to $23,300. RESPONSIBLE OFFICIAL: ENTORCEMENT OFFICIAL: EXTIRATION DATE: REYqEW DATE City Engineer Cit3,_' Engineer 1/1/97 PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENT)ED COUNCIL DIRECTIVE DATE: 11. AGENT}A BILL NO: c7~'- (P:5:~._ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The biological monitoring of the Overwater Park mitigation beach will not be completed and the city will be in violation of its permit. 6. IMPACT ON STAFFENG, BUDGETS, FACILITIES, EQUIPh, IENT OR OTHER RESOU~RCES: The city has $60,000 in an escrow account controlled by the US Army Corps of Engineers, who issued the permit to construct the Overwater Park and wants assurance the monitoring is complete. Biological monitoring is required in years 2, 4 and 5 (1994, 1996 and 1997) of the pemfit. The $60,000 distributed over the remaining 2 years of monitor:rog provides an annual monitoring budget of $30,000. The budget adjustmem increases the 1994 budget by $4,100 from $19,200 to $23,300 to reflect this. 7. RESEARCH SOURCES 96140 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The biological monitoring of the Overwater Park mitigation beach will not be completed and the city will be in violation of its permit. 6. hS,WACT ON STAFFING, BUDGETS, FACILITIES, EQU2PMENT OR OTHER RESOURCES: The city Ires $60,000 in an escrow account comrolled by the US Am~y Corps of Engineers, who issued the permit to construct the Overwater Park and wants assurance the monitoring is complete. Biological monitoring is required in years 2, 4 and 5 (1994, 1996 and 1997) of the pemfit. The $60,000 distributed over the remaining 2 years of monitoring provides an annual monitoring budget of $30,000. The budget adjuament increases the 1994 budget by $4,100 ~om $19,200 to $23,300 to refleet this. 7. RESEARCH SOU~R. CES 96140 Requesting Department: CITY OF BREMERTON - No. 96-6 BUDGET ADJUSTMENT REQUEST WATERFRONT PARK CONSTRUCTION FUND NO. 305 SOURCE OF FUNDS: Description Increase Revenue: Draw on Assigned Funds Amount 4,100 USE OF FUNDS: Description Increase Expenditures: Mitigation Monitoring Amount 4,100 NARRATIVE: This adjustment will provide for costs of monitoring which will exceed the odginal estimate included in the budget. Dep~rtmei~t Head'Signature Date Treasurer Comments: Director Signature Date Recommended Mayor Comments: Not Recommended Treasurer's Signature--~ ~[~ Recommended ~-~ Not Recommended ~ ~ Approved ~ Denied ~Sg~nn~ur~e/~i t Fiscal & Budget Committee Comments: ate Recommended ~ Approved ~-~ Not Recommended Denied Fiscal & Budget Committee Signature Date PROFESSIONAL SERVICES AGREEMENT Biological Monitoring - 1996 THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and FISHPRO,~,C/ re e=. a. W I T N E S S E T H: , 1. SCOPE: FISHPRO agrees to provide the City with consulting services necessary to meet the habitat monitoring schedule of the Bremerton Overwater Park U.S. Army Corps of Engineers Permit OYB-1- 014605. FISHPRO services are more fully outlined in Exhibit "A" attached hereto and incorporated herein by this reference which address monitoring during year 4 (1996) of the five year Mitigation Monitoring Plan. Z. TERM: Contract shall commence on and will terminate on January 1, 1997. 3. COMPENSATION: follows: City shall pay FISHPRO compensation as Total fees under this Agreement shall not exceed Twenty-one Thousand Three Hundred Seventy Dollars ($21,370.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibits A-8, A-9 and A-10. FISHPRO shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed" amount set forth above; however, said services will only be performed and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that FISHPRO is a firm skilled in matters pertaining to fisheries habitat and will perform independent functions and responsibilities in the area of its particular field of expertise. FISHPRO and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, FISHPRO shall work under the direction of the City Engineer. PROFESSIONAL SERVICES AGREEMENT --1-- ~$~RO.~A - Disk 13 - 2~9/96 5. INDUSTRIAL INSURANCE: FISHPRO agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: FISHPRO 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 FISHPRO, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. ?. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, FISHPRO 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 or errors and omissions in connection with the work to be performed by FISHPRO under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. FISHPRO 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 FISHPRO, 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. 8. GENERAL CONDITIONS: a. Reports and Information - FISHPRO, 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. FISHPRO will maintain accounting records in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that PROFESSIONAL SERVICES AGREEMENT -2- ~S~RO.~A - Di~ 13 - 2~9/96 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 as 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 FISHPRO or by FISHPRO to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton, WA. 98337 Gary Silver ro, ...... ~ / 3780 SE. Mile Hill 'Drive Port Orchard, WA. 98366 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 - FISHPRO 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. ~OI~DISCRIMI~ATIO~: FISHPRO 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. ~0. 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 FISHPRO is advising the City as of the effective date of PROFESSIONAL SERVICES AGREEMENT -3- FISHPRO.~A - Di~ 13 - 2~9/~ termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. CITY OF BREMERTON Date BY: LYNN HORTON, Mayor ATTEST: KATHLEEN McC~USKEY, City Clerk D EPA~~AL: W. E~3GENE/~A/~PL~eotor of Public Works & Utilities APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney PROFESSIONAL SERVICES AGREEMENT -4- ~$~RO.~A - Di~ 13 - 2~9/~ Bremerton Overwater Park Mitigation Monitoring - Year 4 Scope and Budget FishPro is pleased to submit to the City of Bremerton our scope and budget for carrying out the biological portion of the Overwater Park Mitigation Monitoring Plan for year 4. Performance at the mitigation beach must be monitored according to the protocols contained in the Overwater Park Mitigation Plan (Revised February 25, 1993) for up to 5 years to satisfy permitting requirements. Monitoring, as spelled out in that document, has two components. The first measures the structural performance of the new beach. It is FishPro's understanding that the City intends to carry out this phase of the monitoring plan internally. The second component measures the biological performance of the mitigation beach habitat. FishPro presents herein our approach to this phase of the monitoring plan for year 4. This monitoring function must strictly adhere to the performance criteria spelled out in the above noted document and will be carried out as specified by qualified biologists. Details are as follows: Biological Performance Monitoring of epibenthic density at the mitigation beach will be carried out in 1996, which is year 4 for the project. We will random sample at specific intertidal elevations for total densities (no./m2) of key epibenthic species known to be prey items for migrating juvenile salmonids. The values will be compared with samples taken similarly from the control beach. The necessity for monitoring at year 5 will be reviewed with the agencies by the City after year 4, if production levels on the mitigation beach meet or exceed the control beach. Harpacticoid copepods and gammarid amphipods are two primary prey items of juvenile salmonids during early madne residence (Parametrix 1985, Cardwell and Koons 1981, Cordeil and Simenstad 1981, Fresh and Cardwell 1979, Gerke and Kaczynski 1972, Thom et al. 1986)*. There is a very wide array of these species which could be inhabiting the local environment. Several have been previously identified from surveys conducted in years 1992 and 1994 adjacent to and under the Overwater Park boardwalk (FishPro 1992', FishPro 1994). A few key species were determined from the 1992 observations to be most relevant in the context of importance to foraging juvenile saimonids in consultation with Washington Department of Fisheries. The following taxa * Refer to Reference List in the Bremerton Overwater Park Mitigation Monitoring Plan for references cited. 1/3/96 .Brem. OP Mit Plan EXHIBIT A-2 are included in the density analysis as specified in the agency approved monitoring plan. -' "' 1. Total density of all harpacticoids (no/m2) 2. Total density (no/m2) for the following: a. Genus Harpacticus b. Genus Zaus c. Genus Tisbe d. Family Ectinosomatidae 3. Total density (no/m2) of all gammarid amphipods 4. Total density (no/m2) for the following: a. Genus Eogammarus b. Genus Anisogammarus c. Genus Pontogeneia d. Genus Corophium 5. Total density (no/m2) of all Cumacea 6. Total (no/m2) for the following: a. Either genera Cumella or Lamprops Any of these species which show consistently Iow densities on both the mitigation and control beaches will be dropped from the list, with resource agency approval. Sampling Methods Sampling for epibenthic organisms will be conducted twice in 1996. The.first sampling will be conducted from early April to April 15. The second sampling will take place between mid and late May. Both of these sampling windows coincides with annual peak epibenthic production pedods (Thom et al. 1986, Fresh and Cardwell 1979, Beak 1990, Hiss et al. 1990)*. Epibenthic density remains depressed throughout the rest of the year. Epibenthic density will be measured within two strata established at both the mitigation (M-l, between +0.5' to +1.5' MLLW, and M-2, between -1.5' to -0.5' MLLW) and the control beach (C-1, between +0.5' to +1.5' MLLW, and C-2, between -1.5' to -0.5' MLLW) as specified in the approved plan. The sampling will consist of 22 randomly selected points within each strata on both the mitigation and control beach for a total of 44 samples at each site(Figure 1). Dudng each sampling period all stations on one beach will be sampled during one tide change when there is at least 1' of water over * Refer to Reference List in the Bremerton OvenNater Park Mitigation Monitoring Plan for references cited. 1~ .Br~ffl. OP Mit Plan EXHIBIT A-3 + O MHW LINE \ " t ,/ I t STRATA M--1 STRATA 1~-2 ~ MITIGATION BEACH SAMPLING AREA NEW TOE OF R AT +2.0' blLLW INNER HARBOR LINE--"~/ BEACH -1133 M2(0.2B ACRES) C-1 C-2 NOTE: STRATA M-1 AND C--1 (+'0.5 TO +1.5 MLLW) STRATA 1~-2 AND C-2(-I .5 TO --0.5 MLLW) EPIBENTHIC SITE PORT ORCHARD, WASHINGTON MONITORING PLAN FIGURE I EXHIBIT A-4 the station being sampled so that the sampling pump may work effectively..The two beaches will be sampled on consecutive days to limit temporal affects on epib~nthic species diversity. This will provide 88 samples during each sampling period for a total of 176 samples for the year. Epibenthic zooplankton will be sampled with a battery powered epibenthic suction pump (Figure 2). This is the identical pump used in years 1992 and 1994; an important consideration for this project, in terms of continuity, because these are quantitative samples based on water volume collected repeatedly over a carefully measured time interval, The pump consists of a 2.1 I/sec bilge pump attached to a PVC pipe handle. A sampling cylinder constructed of a 10.16 cm X 15.24 cm (4" X 6") PVC reducer is attached to the bilge pump. Four 5.08 cm (2") circular ports drilled in the sides' of the sampling cylinder are screened with a 75 micron nylon mesh to exclude organisms outside the sampling area. The pump is powered by a 12 volt battery connected to a toggle switch. A 2.54 cm (1") clear plastic hose is used to run the sample into a 100 micron sieve. The sampling area of the epibenthic pump is 0.018 m2 (0.19 ft2). The epibenthic pump will be placed gently on the substrate so as to not disrupt any zooplankton which may be present. The water volume in the sampling cylinder will then be evacuated into the sieve for a period of exactly 10 seconds . Careful attention to the elapsed time for pumping allows for an accurate and repeatable quantitative sample of the water containing the organisms which exists over the substrate being sampled. Organisms recovered from the 100 micron sieve will be preserved in 5% buffered formalin phosphate containing rose bengal stain. The samples will be analyzed for organism quantification and identification to the taxa previously described (Figure 3). A total of 22 random samples will be collected and compared from each of two strata on the control beach and mitigation beach. These comparisons will be made for each of two months during each sampling year (April and May, years 2, 4 and 5). Within each of the two months, density of 12 taxa or minimal growth will be statistically compared between the mitigation beach and control beach for each of the two strata. Each strata will be treated separately in the analysis. This gives a total of 24 statistical tests to perform for each monitoring month. As spelled out in the approved monitoring plan the data will first be analyzed to determine if it meets assumptions of parametric statistics(i.e, normally distributed about I/3/~,Bmm, OP Mit Plan EXHIBIT AZ5 NO.LE)NIH~¥M '(3EIVHO~IO .LblOd 3]~S ON dlAInd NOIIONS OIHJ_NZlSIdZl ]9DAD~OIO~ 13Non~ ONIOqOH SdlqO A~]IIVB-~ ~-- HO 1 I MS iILO001 I~DS HS3~ NO~DI~ O~ d~nd SHOID3NNOD ON, -]di~/VS ,~,1<~ ~ 8NHON (,,~2)~::) Z:9'L ~ I ~'"----HS31N NOW:) I IN 001, '3A31S ON I 10219900 3SOH OIISYqd ~¥3q0 G~OD (~qONVH DAd ~)~o ~'~ Figure 3. Epibenthic Data Sheet SO RT'ER: %QAJQC: # FOUND: DATE; BY: DATE; STATION: SAMP~_E:~- ' ' DEPTH,: TAXA LINE # TOTAL. QA~QC WEIGP:T ARTHROPODA CRUSTAC-~". Ha~c:.~ccics ~s~e Eminosommid~e CumAceA Cume[l~ ~moroas AmDhiood~ G~m~dAe Eo.~smmsrus sa. Coronhium SD. Pom0c. eneia so. NOTES: EXHIBIT A-7 a single mean value). A transformation using Iog~o (X+I), where X = density, will be applied, if necessary (e.g. data not normally distributed). If transformation of the data is successful, or if the data distribution is initially normal, a one-way ANOVA will be applied. If the data cannot be normalized by transformation then non-parametric statistics will be applied. At year 5, adequate epibenthic density on the mitigation beach will be accomplished if at least 75 percent of all tests indicate no significant difference(P<0.05), or that the treatment is greater than the controls. If more than 25 percent of the tests indicate a significant depression in density, relative to the control, the contingency plan spelled out in the approved monitoring plan must be implemented. Reporting Reporting of all monitoring functions will be provided by FishPro to the City and resource agencies by August 15, 1996. Budget and Cost Breakdown Assumptions 1. Epibenthic community diversity and density to be assessed in late spring, 1996. 2. Taxonomic analysis conducted by subconsultant. 3. Number of samples to be analyzed is 176. 4. Sub consultant fee is $49.50 per sample. 5. Reporting annually on August 15th concurrent with Substrate Analysis Report. The total cost for this work-not to exceed $21,370.00. References FishPro. 1994. Bremerton Overwater Park Epibenthic Monitoring Report. Bremerton, 286 Fourth Street, Bremerton, WA 98310. 21pg. Appendices City of 1)'3~96.Brem. OP Mit Plan EXHIBIT A-8 FISHPRO, INC. RATE SCHEDULE* ENGINEERING Senior Project Engineer Project Engineer (Civil, Mechanical, Electrical, Structural) Design Engineer Senior Engineering Technician Engineering Technician CAD Technician Construction Observer $96/Hr $89/Hr $76/Hr $66/Hr $50/Hr $44/Hr $64/Hr ENVIRONMENTAL Senior Fisheries Scientist Senior Environmental Scientist Environmental Scientist Fisheries Technician $78/Hr $76/Hr $68/Hr $38/Hr 1/2/96 OTHER COSTS Administrative Assistant Word Processing Clerical Expert Witness Copies Mileage Plots Fax Airfare, Lodging and Meals - Permit Fees Subconsultants $36/Hr $33/Hr $28/Hr 1.5 x Billable Rate $0.1 O/Copy $0.28/Mile $1.50/Plot $1.00/Page As Quoted Cost plus 5% Cost plus 5% EQUIPMENT RENTAL Fishery Sampling Equipment Water Quality Sampling Equipment Laboratory Analyses Wetland Delineation Equipment Boat & Motor - Lake (plus fuel) Boat & Motor - Sound (plus fuel) Outside Services Marine Field Gear As Quoted As Quoted As Quoted $30/Day $75/Day $200/Day As Charged Plus 10% $50/Day * Personnel hourly rates include labor, general and administrative overhead and profit. EXHIBIT A-9 FishPro, Inc. - 3780 S.E. Mile Hill Ddve Port Orchard, WA 98366 Estimate of Professional Services Client: City of Bremerton Project: Mitigation Beach Biological Monitoring - Year 4 Date: 12/21/95 Services: Type: [] Engineering Activities: [] Planning/Feasibility Study [~ Construction Observer Labor Costs [] Preliminary Design [] Environmental Study [] Environmental [] Design [] Permitting I Establish Transects 3 8 8 19 1,172 and layout in field 2 Conduct Sampling 32 32 64 4,608 Twice in year 4 3 Sampling Preparation 16 16 1,088 and sorting 4 Report Preparation 32 16 8 8 2 66 4,192 5 City and Agency Coordination 8 8 608 Meetings charged on a per hour basis as per rate sheet. Hours Subtotal 75 72 8 8 8 2 173 - Hourly Rate 96 89 76 78 76 68 66 50 44 33 28 - - Labor Cost Subtotal 5700 4896 400 352 264 56 - 11,668 Other Direct Costs Quantity Rate Subtotal Car Mileage 200 miles 0.30 / mile 60 Chemicals I unit 300 /unit 300 Field Gear 4 days 50 /day 200 Communications 4 months 20 /month 80 Copies 500 copies 0.10 /copy 50 Benthic Lab Analysis 176 samples 49.50 /sample 8,712. Boat and Motor 4 lump sum 75 /day 300 iTotal Labor Cost ' ITotal Other Direct Costs [Total Project Cost $11,668 $9,702 $21,370 Client ResP(~nsibilities: [~ Soils Investigation [] Other [] Construction Budget [] Survey [] Design Cdteda '10T'l AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Kitsap Physicians Service Contract for 1996 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: ~3 March ~, 1996 Adnin. Services Kathl een McCluske¥ February 26, 1996 2. CLEARANCES: (comment or~.~ack 3. EXHIBITS: if ne~ _~ At t orney Huron Resources City ~easurer ~cil Stu~ Session 3/4/96 -- ENDORSEMENT ~ INFO~ATION APPROVED BY COUNCIL PRESID~ENfl~R SUBMITTAl: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ATC~ION: This is the seventh year of our contract with KPS for employee medical services. Through the efforts of our consultant and the Insurance Benefits Conmittee, which represents all unions and management, we reccrmnend a one year contract 1/1/96 to 12/31/96, We further reccamend the stop loss be lowered to $100,000 from the $150,000 ISL in 1995. '8. RECOMMENDATION: Motion to approve one year contract with I{PS for employee medical services and budget adjustment. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: ~0,95% CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Insurance coverage will lapse. e IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIpMENT OR OTHER RESOURCES The City budgeted a 10% increase in medical dental for 1996. The actual increase is 15.19%. The budget adjustment wi 11 cover the difference between the amount budgeted and actual premi~n. RESEARCH SOURCES: Premi~n is an estimate. The cost to the City is the medical services. If all of the premiun is not required to cover the medical services, the funds drawn from the medical reserve will not be used and will go back into the reserve. Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST EMPLOYEE INSURANCE RESERVE and OTHERS No. SOURCE OF FUNDS: Description TRANSFER FROM RESERVE Amount 119,321 USE OF FUNDS: Description MEDICAL INSURANCE PREMIUMS GENERAL FUND PARKING FUND WATER FUND GOLF FUND Amount 69,660 388 48,261 1,012 119,321 NARRATIVE: This adjustment will provide for the transfer of funds from reserve necessary for the 1996 contract with KPS for employee medical insurance. Department Head Signature Treasurer Comments: Date Director Signatur~('-~~ Date r-~ Recommended ~ Not Recommended Treasurer's"s-Sighatu'te--- ~'Date ~-' Mayor Comments: Recommended ~ Not Recommended 7~/// Approved ~ Denied ~~. ~ D~a~e~/~ Mayor's Signature Fiscal & Budget Committee Comments: ~ Recommended ~ ~-1 Approved [-~ Not Recommended Denied Fiscal & Budget Committee Signature Date GROUP ENDORSEMENT VI TO AGREEMENT BETWEEN KITSAP PHYSICIANS SERVICE AND THE CITY OF BREMERTON for its active employees and retirees GROUP NUMBERS: 22900 21001 (PLAN A) 21002 21003 21004 21005 21010 (PLAN B) 21011 21012 EFFECTIVE DATE OF THIS ENDORSEMENT: January 1, 1996 It is understood and agreed that the original Agreement between Kitsap Physicians Service (the Corporation) and The City of Bremerton (the Group) originally dated January 1, 1990 shall be amended as follows: Modify paragraph D.2. to read: D.2. "Administrative Expenses" - Administrative expenses shall mean those expenses incurred by the Corporation in fulfilling its contractual obligations under this contract and include but are not limited to the following: claims adjudication expense, overhead, printing, case managment, utilization review, assumed risk and printing. Administration expenses shall be eleven dollars and eight cents ($11.08) per beneficiary per month. In addition, the Corporation shall charge two percent (2%) of Premium for a Legislatively-mandated Premium Tax. Modify Paragraph F.1. to read: PREMIUM The Monthly Premiums which follow will be effective through December 31, 1996 unless otherwise opened for re-examination by either the Corporation or the Group by giving siXty (60) days written notice. In no event will the monthly premiums be changed before January 1, 1997 except by the mutual agreement of the Corporation and the Group. The Monthly Premium rates shall be as follows: RATE SUMMARY The rates that follow are effective January 1, 1996 and guaranteed through December 31, 1996. Plan A LEOFF I Active Regular & LEOFF II Active Spouse 1st Dependent 2nd and all other Dependents Net Premium ISL Total $168.87 4.70 $173.57 121.55 4.70 126.25 134.94 5.00 139.94 58.92 4.50 63.42 46.74 4.50 51.24 LEOFF I Retirees Under 65 Spouse 1st Dependent 2nd and all other Dependents $429.56 4.70 434.26 233.44 5.00 238.44 55.59 4.50 60.09 43.70 4.50 48.20 Plan B LEOFF I Active Regular & LEOFF II Active Spouse 1st Dependent 2nd and all other Dependents N/A N/A N/A 104.59 4.70 109.29 117.38 5.00 122.38 51.48 4.50 55.98 39.20 4.50 43.70 LEOFF I Retirees Under 65 LEOFF I Retirees Over 65 Spouse 1st Dependent 2nd and all other Dependents N/A N/A N/A N/A N/A N/A 201.57 5.00 206.57 48.48 4.50 52.98 38.46 4.50 42.96 The monthly charges which have been established for Individual Stop Loss are as follows: $100,000 INDIVIDUAL STOP LOSS CATEGORY RATE Subscriber Spouse 1st Dependent 2nd and all other Dependents $ 4.70 5.00 4.50 4.50 In all other respects, the terms and provisions of said contract between the parties heretofore amended shall continue in full force and effect. In witness whereof the parties have executed this agreement this day of 19 . SIGNED IN DUPLICATE KITSAP PHYSICIANS SERVICE THE CITY OF BREMERTON By Its President Its Attest: By City Clerk Approved as to form: By City Attorney E-22900 (01/96) KITSAP PHYSICIANS SERVICE CONTRACT 1990 - 1996 YEAR 1990 1991 1992 1993 1994 1995 1996 est. RESERVE $220,631 434,008 645,788 798,892 748,164 538,500 538,500 GROSS 2% PREMIUM TAX CONVERSION 828,859 4,102 .5 968,366 4,778 .5 1,025,078 5,036 .5 1,034,563 5,036 .5 830,567 16,611 -0- 843,073 16,860 -0- 1,019,452 20,389 -0- ADMINISTRATION FEE 69,731 8.5% 81,234 8.5% 85,613 8.5% 85,595 8.5% 82,064 $10.50 88,561 $10.80 90,811 $11.08 pmpm* pmpm* pmpm* STOP LOSS ISL** $100,000 $100,000 1990 1991 1992 1993 1994 subscri~r 1.40 2. O0 2.60 3.85 4.80 $~use 1.60 2.25 3.00 4.10 5.15 Child .95 1.30 2.05 3.80 4.60 Fee $8,496 $12,678 $17,782 $27,561 $34,588 Claim over $100,000 -0- -0- -0- $21,547 -0- $150,000 $150,000 $100,000 1995 1996 3.10 4.70 3.30 5.00 3.35 4.50 $24,586 $37,110 $6,602 * per member per month ** Individual Stop Loss RATE COMPARISON AWC/CITY OF BREMERTON 1996 Monthly Premium Plan A LEOFF I Active Regular & LEOFF II Active Spouse First Dependent Second & All Other Dependents LEOFF I Retired Not Medicare Eligible LEOFF I Retired Medicare Eligible AWC 1996 Rate $213.90 160.45 153.10 69.75 61.90 377.60 251.80 CITY 1996Rate $173.57 126.25 139.94 63.42 51.24 434.26 Plan B LEOFF I Active Regular & LEOFF II Active Spouse First Dependent Second & All Other Dependents AWC 1996 Rate N/A $131.00 131.00 60.80 52.45 CITY 1996 Rate N/A $109.29 122.38 55.98 43.70 A~ENDA B'rLL BREMERTON CITY COUNCIL SUBJECT: Ordinance # Reorganizing the Hearing Examiner Function FOR AGENDA OF: March 6, 1996 ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathy McCluskey ~ DATE SUBMITTED: February 29, 1996 2. CLEARANCES: (comment on back 3. EXHIBITS: City Attorneyf~,ing~ry) /~ ~ ENDORSEMENT~.~INFQ~fl~ATIONc~~ APPROVED BY COUNCIL PRE$~D~-N~OR/ ~"//--~--~-~SUBMI~T~TAL: MAYOR ~y~n~ . COUNCIL PRESIDENTC / ~f 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL~CTION: The provisions for appealing to the Hearing Examiner were made uniform throughout the BMC including a filing fee of $50, giving the appellant 7 wking days to file an appeal, and requiring that the appeal be based upon a written decision authorized by the Department Director. RECOMMENDATION: Motion to pass proposed ordinance. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): Se IMPACT ON NON-PASSAGE: Hearing Examiner provisions will not be uniform throughout code. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: V ~ OI~IN,~S~¢E reorganizing the hearing examiner ~netion as part of the Bremerton Municipal Court and amending Chapters 2.62, 5.02, 6.04, 6.32, ?.07, ?.08, 10.11, 10.40 and 15.08 of the Brcmerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.62.045 is hereby amended to read as follows: 2.62.045 HEARING EXAMINER - PROCEDURE - APPEAL. The hearing examiner shall have iurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the office of the hearing examiner from any final administrative decision covered by the provisions of this chapter shall be made within ~ seven (7) working days from the date of appellant's notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant's name, address and telephone number, ~nd the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a Fifty Dollar ($50.00) filing fee, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the examiner shah be stayed during the pendency_ of an appeal which has been properly and timely filed provided there is not imminent threat to the public's safe_u/and weffare. The hearing examiner's decision shall be final and conclusive unless the appellant or the City files for a Writ of Certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section, including filing fee, and appeal of the examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The examiner shah have jurisdiction to receive and rule on appeals of administrative decisions specified in the following Titles of the Bremerton Municipal Code: (1) (2) (3) (5) (.6) Business Licenses and Regulations, Title 5 Health and Sanitation, Title 6 Animals and Fowl, Title 7 Peace, Safety and Morals, Title 9 Traffic, Title 10 Municipal Utilities, Title 15 Section 2. Amendment. Section 5.02.310 is hereby amended to read as follows: 5.02.310 APPEALS. Any taxpayer aggrieved by the amount of the fee or tax found by the Treasurer to be required under the provisions of this chapter may file a written appeal with the office of the hearing examiner within ~ seven (7) ' ~ '~ working ca:en~ar days from the time such taxpayer was sent written notice of such amount. Such notice shall also contain the taxholder's ~ ....,~ ..... c,_a: ...... ; ,u~ r~:,. t~u ..... ,~ Qax The determination appealed from shall be regarded as prima facie correct. The examiner may reverse or modify an action of the Treasurer and ascertain the correct amount of the fee or tax due if the Treasurer's determination violates the terms of this chapter or is contrary to law. Section 3. Amendment. Section 5.02.360 is hereby ame_nded to read as follows: 5.02.360 REVOCATION OF BUSINESS LICENSE CONDITIONS. The Treasurer may revoke or suspend the business license issued to any person engaged in business activities within the City who is in default in any payment of any license fee or tax owed under Title 3 or 5 of the Bremerton Municipal Code; or who shall fail to comply with any of the provisions of this chapter; or where any licensee or employee of the licensee is engaged in any conduct which violates any state 2 or local laws or ordinances at the licensee's place of business, and of which the licensee has actual or constructive notice; or upon the recommendation of the county health department that such business is being managed, conducted or maintained without regard to proper sanitation and hygiene. In the event the Treasurer shall suspend or revoke the license, (s)he shall cause to be served upon the licensee an order by certified mail which states the reasons therefor and the licensee's appeal rights. Such revocation or suspension shall take effect ~ seven (7) working eatead~ days from the date of receipt of notice by certified mail from the Treasurer unless the licensee files a written appeal with the office of the hearing examiner before the effective date of the Treasurer's administrative decision of revocation or suspension. A licensee who has been licensed in the preceding license year may continue to engage in the activity for which the license is required, pending decision by the examiner, unless the Treasurer determines that a clear, substantial and imminent hazard to the health, safety, welfare, privacy or property of any person would result. The administrative decision appealed from shall be regarded as prima facie correct. The examiner may affirm or deny the Treasurer's decision to suspend or revoke a license. The decision of the examiner shall be final unless a pet'.'t/cn *' ........:~' .... :~- '--' '~'~ exarnLner is /meept-ed-~ appeal of the decision is filed under BMC 2.62.045. Section 4. Amendment. Section 6.04.090 is hereby amended to read as follows: 6.04.090 APPEALS. Determinations made by the garbage contractor regarding the frequency of collection or the size of solid waste containers required of the public may be appealed C!.~' r-~_l.:_~.~ ~.~ ^~ ^ .... ~. e..~l. ~.~ ~i.~. ha', ....... '~-:"' + ....."-~ ~; .... +~ to the ': ............ re .............. : ~,v .... cvcr thc. .... ~.~ charged '--',~j +*'~...~ ~,----~',..~,~ ..... ~w.v." .... Hearing Examiner. Section 5. Amendment. Section 6.32.090 is hereby amended to read as follows: 3 6.32.090 RIGHT TO APPEAL. Any person aggrieved by an order, decision, ruling or interpretation by the administrator may file an appeal in writing with the office of the Bremerton Hearing Examiner pursuant to BMC g:84 2.62. Section 6. Amendment. Section 7.07.200 is hereby amended to read as follows: 7.07.200 I-IEARING. The custodian of a dog declared dangerous may file a request within ten (10) days from the date of such notice for a hearing before the hearing examiner of the City of Bremerton to contest such declaration under procedures of BMC g:84 2.62. Section 7. Amendment. Section 7.08.200 is hereby amended to read as follows: 7.08.200 ABATEMENT - IMPOUNDMENT. To abate a nuisance defined above, or to rescue an animal from cruel treatment as defined in BMC 7.08.600, an animal control officer may: (d) (2) If the custodian does not request the hearing provided for by 7.07.200 or if such hearing is requested and the Hearing Examiner upholds the Animal Control Officer's Ndangerous dog" determination, said animal may be detained until the custodian shows proof that he/she has complied with requirements of this Chapter pertaining to the keeping of a dangerous dog. (i) If the custodian shows proof that he or she has met the requirements for keeping a dangerous dog in the City, the dog will be released upon payment of impound and boarding fees. (ii) If the custodian has not shown proof that hr or she has met the requirements for keeping a dangerous dog within ~ thirty (30} days of the Hearing Examiner's decision, the animal may be immediately destroyed. Section 8. Amendment. Section 10.11.050 is hereby amended to read as follows: 4 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of Section 10.11.040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this Title, the City Attorney shall mail a Declaration of Vehicle Nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either owner (1) pays the underlying infractions or (2) appeals the Declaration of Vehicle Nuisance. (b) Appeal of the Declaration of Nuisance Vehicle may will be przgcntcd ~ a ....... o ~ Jgehiete heard by the Hearing Examiner pursuant to BMC 2.62. Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the Declaration. At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking. Section 9. Amendment. 10.40.130 APPEALS. (a) (1) Section 10.40.130 is hereby amended to read as follows: Hearing an Appeal. Venue. The affected employer ~ may appeal the initial order of the iding Offi :_ ~:,~.~. ,~.~ r-:,.. ~, r}.~_~..,~_,~ ~s.._:~:.,~ r-,,,.., ,,~ through the administrative Pres cer ................~ ................ ~ ..~.. o v ..... ~ - process set forth in BMC 10.40.130(a)(3). Section 10. Amendment. Section 15.08.020 is hereby amended to read as follows: 15.08.020 APPEAL - MUNICIPAL COURT. Bremerton Municipal Court shall have jurisdiction to receive and rule on appeals from customers aggrieved by the Department's decision to shut off water, or any decision regarding the amount charged for water, sewer or stormwater services after a written complaint has been denied by the Department under section 15.08.010. The administrative appeal under this chapter shall be conducted according to procedures of municipal code chapter 2 62 pr~vi~e~ *~-~ ~-~:-~ ~'~' t.~ ~, _.:,,.:~ ,~.:~,.. r-m~ ~ ..... ~' ~:~:- ~ and Section 11. passage and publication. APPROVED by the City Council of the City of Bremerton this Effective Date. This ordinance shall become effective ten (10) days from 1996. PASSED by the City Council of the City of Bremerton this day of , day of 1996. APPROVED this JOHN LAW, Council President __ day of ,1996. ATTEST: LYNN HORTON, Mayor KATHLEEN MCCLUSKEY, City Clerk 6 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. SETTING WASTEWATER RATES FOR AGENDA OF: March 13, 1996 ORIGINATING DEPT.:TREASURER/~ ORIGINATOR: R. HANNA'~ ~ . DATE SUBMITTED: March 4, 1996 ~ '-~ 3. EXHIBITS: PROPOSED ORDINANCE ENDORSEMENTS -~ , ,. INFORMATION APPROVED BY COUNCIL P_EI~ESIDENT FOR SUBMITTA 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION.~-~ The proposed ordinance will increase the City's retail wastewater rates by an average of five percent. Staff analysis has demonstrated that an 'd~.increase is necessary to allow the utility to pay for current operations and to implement the capital improvements which are mandated to meet environmental regulations. 8, RECOMMENDATION: Motion to approve on first reading Ordinance No. Motion to pass on second reading Ordinance No. setting wastewater rates. setting wastewater rates. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer Mayor ~A ~A PULLED COUNCIL DIRECT~E: TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Current wastewater rates will remain in effect with a resulting shortage of revenue to the wastewater utility. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Will increase the operating revenues of the wastewater utility by approximately $260,000 per year. RESEARCH SOURCES: Wastewater comp. plan Wastewater rote analysis by staff. ORDINANCE AN ORDINANCE amending rates and charges for municipal wastewater services; and amending Ordinance No. 4529. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 1 of Ordinance No. 4529 is amended as follows: PURPOSE. This ordinance establishes assessments, rates and charges for municipal water, wastewater and stormwater services. Except as expressly provided herein, nothing in this ordinance shall affect the application of annual adjustments of General Facility Fees, or Connection Fees as set forth in BMC 15.06.020. I. WATER. (a) ASSESSMENTS: (1) General Facility Fee. (a) Within City limits $150.00/ERU (b) Outside Citylimits $225.00/ERU (2) Front Footage Fee. (a) Within City limits (b) Outside City limits $8.00 per foot $12.00 per foot (3) Connection Fee. Rate Per Connection WASTEWTR.ORD - Ordinance Disk 2 - 2/29196 '7,/ Size Within City Limits Outside City Limits 3/4" $ 733.00 $1099.00 1" 788.00 1182.00 1 1/2" 1408.00 2112.00 2" 1579.00 2368.00 Greater than 2" Time & Materials 150% of Time & Materials (4) Pavement Restoration.* Asphalt $300.O0 Concrete $300.00 * Refundable, if assessed and not required. (5) County Road Permit N/A $450.00 $450.00 Cost Co) RATES: (1) Retail Water Service Rates. Monthly Service Charge Meter Size 5/8 & 3/4 inches 1 inch 1-1/2 inch 2 inch 3 inch Within City Limits $ 1.98 2.25 3.18 4.30 8.18 Outside City Limits $ 2.96 3.38 4.77 6.45 12.27 WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 2 4 inch 15.25 22.88 6 inch 54.18 81.27 8 inch 197.50 296.25 10 inch 705.35 1,058.00 12 inch 2,652.15 3.978.23 Commodity Charge $0.75/1-t. C.F. $1.125/H. C.F. (2) Fire Protection Service. Monthly Service Charge Service Size Within City Limits Outside City Limits 2 inch $ 7.65 $11.48 3 inch 8.43 12.65 4 inch 9.18 13.77 6 inch 11.48 17.22 8 inch 15.30 22.95 10 inch 21.43 32.15 12 inch 30.60 45.90 (3) Monthly Service Charge Meter Size 5/8 X 3/4" Within City Limits Base Charge $1.75/Acct Low-Income Senior Citizen and Low-Income Disabled Citizen Rates. Outside City Limits $2.63/Acct WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 Commodity Charge 0 o 1000 CF/Billing Over 1000 CF/Billing No charge $0.75/H.C.F. No charge $1.125/H.C.F. (4) Temporary/Construction Meter. Within City Limits Outside City Limits Size Deposit Base Fee Base Fee 3/4" & 1" $ 75.00 $20.00/mo $ 30.00/mo Hydrant meter 300.00 40.00/mo 60.00/mo Commodity Charge $0.75/H.C.F. $1.125/H.C.F. (5) Water Inspection Fees. Main Extensions Pump Stations Miscellaneous Within City Limits $0.75/ft. but not less than $300.00 $500.00 $40.00/Hr. Outside City Limits $1.125/ft. but not less than $450.00 $750.00 $60.00/Hr. II. WASTEWATER (a) ASSESSMENTS: (1) General Facility Fee. WASTEW~R.ORD - Ordinance Disk 2 - 2129196 (a) Within City limits Co) Outside City limits (2) Front Footage Fee. (a) Within City limits (b) Outside City limits $150.00/ERU $225.00/ERU $ 8.00 per foot $12.00 per foot (3) Inspection Fee. Lateral connection at P/L Lateral connection at main Conveyance Facility Ext. Pump Station Miscellaneous Within City Limits $ 40.00 $250.00 $1.25/Ft. but not less than $300.00 $500.00 $40.00/Hr. Outside City Limits $ 60.00 $375.00 $1.90/Ft. but not less than $450.00 $750.00 $60.00/Hr. (b) RATES: (1) Retail Wastewater Service Rates. Monthly Service Charge Within City Limits Single Family Base Charge $3.004.49/Acct Outside City Limits $g-:455.16/Acct WASTEWTR.ORD - Ordinance Di~k 2 - 2/29/96 5 Commodity Charge 3.70/H.C.F. 4.25/H.C.F. Duplex on 1 Meter or 2 Bldgs. on 1 Meter or Single Parcel Base Charge Commodity Charge Sg-:403.59/Unit 3.70/H.C.F. $2.754.12/Unit 4.25/H.C.F. Multiple Family Base Charge Commodity Charge $-2~,03.59/Unit 3.70/H.C.F. $2.754.12/Unit 4.25/H.C.F. Commercial I Base Charge Commodity Charge $,~ ~r~q.24/Acct 3.70/H.C.F. $4-:036.03/Acct 4.25/H.C.F. Commercial II Base Charge Commodity Charge Sg.505.24/Acct 5.80/H.C.F. $4~36.03/Acct 6.67/H.C.F. (2) Low-Income Senior Citizen and Low-Income Disabled Citizen Rates. tliMonthly Service Charge Within City Limits Single Family Account Class Base Charge $1.20.97/Acct Outside City Limits $!.591.12/Acct WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 6 Commodity Charge 0-1000 CF/Billing Over 1000 CF/Billing No charge 3.70/H.C.F. No charge 4.25/H.C.F. (3) Septage Disposal $0.10/gal of tank capacity. III. MISCELLANEOUS CHARGES. (a) METER TEST FEE SCHEDULE: Size 3/4" & 1" 1 1/2 & 2" 3" or greater Utility Customers $72.00 $88.00 $105.00 (W/Test Port) Time and Materials (WO/Test Port) (b) OFFICE SERVICES: Account Maintenance Delinquency Notice (Mailer) A.C.H. Per Service Lien Recovery Charge Duplicate Bill Charge (per billing period) Within City Limits 2.50 < 1.00> 50.00 Others $ 72.00 $ 88.00 $105.00 Outside City Limits 2.50 < 1.00> 50.00 (c) FIELD SERVICES: WASTEW'rR.ORD - Ordinance Disk 2 - 2/29196 (c) FIELD SERVICES: Wet tapping (water main only) 2179.00 3268.00 Fire Hydrant Installation 3153.00 Water Meter Removal Charge 40.00 Cross-Connection Control Device Test/Inspection 30.00 Water Service Turn-off/Turn-on - (Customer Reques0 Regular Hours N/C After Hours 80.00 Delinquency Notice (Door Knocker) 10.00 Water Service Turn-off/Turn-on - (Delinquent Accounts) Regular Hours After Hours 30.00 80.00 Flow and Pressure Test (Uncertified) 3/4"& 1" meters only 30.00 4729.00 40.00 30.00 N/C 80.00 10.00 30.00 80.00 30.00 Utility Plant Locates Regular Hours N/C N/C After Hours 80.00 80.00 Emergency N/C N/C Within City Limits UTILITY PLANT INSPECTIONS: (Miscellaneous) 30.00 Outside City Limits 30.00 (e) PARK RESERVATION FEE: (non-refundable) 25.00 25.00 WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 8 (f) PLAN CHECK: (1) Water: (i) Main Extensions (Includes hydrants and appurtenances and connection to water system) (ii)Pump Stations (iii) Fireline Extensions (iv) Irrigation Systems (v) System Connections (vi) Miscellaneous $0.10/ft but not less than $100.00. $500.00 $54.00 $54.00 $54.O0 $27.00/Hr (2) Wastewater: (i) Conveyance Facility Extensions (Includes manholes and appurtenances and connection to wastewater system) (ii) Pump Stations (iii) System Connections (iv) Miscellaneous IV. STORMWATER (a) ASSESSMENTS: (1) Storm Drainage Plan Review Fees** (i) Preliminary Drainage Plans Residential Development $0.10/ft but not less than $100.00. $500.00 $ 54.O0 $ 27.O0/I-Ir Within City Limits $325.00 Outside City Limits N/A WASTEWTR.ORD. Ordinance Disk 2 - 2/29196 9 Non-Residential Development $225.00 + $10.00/ISU (2) Final Detailed Drainage Plans (ii) Residential Development 0-20 Lots 21-50 Lots 51-1013 Lots 100+ Lots Minimum Charge Non-Residential Development Minimum Charge (iii) Resubmittal Fees First Resubmittal Subsequent Resubmittal (2) Storm Drainage Inspection Fees** Resident. iai Development Non-Residential Development Minimum Charge Conveyance Fac. Ext. Unscheduled Inspections $35.00/Lot $25.00/Lot $22.50/L0t $20.00/Lot $250.00 $10.00/ISU $150.00 No Charge $250.00 $15.00/Lot $10.00/ISU $100.00 $ .75/Ft with a minimum of $300.00 $40.O0/Site Visit N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 10 (Unscheduled inspections shall be tracked through the course of project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval) **Storm drainage plan review and inspection fees do not apply to single family residence or duplex construction on an existing established lot. Fees payable at time of submittal. (b) RATES: (1) Retail Stormwater Service Rates. Monthly Service Charge (i) Single Family Base Charge Low Income Senior Citizen and Low Income Disabled Citizen Rate Exception: Duplex W/2 Meters Within City Limits Outside City Limits $4.00/Acct N/A $2.50/Acct N/A $2.00/Acct N/A (ii) Multiple Family Base Charge $4.00/ISU N/A (iii) Commercial Base Charge $4.00/ISU N/A (iv) Public School Districts $4.00/Acct* N/A *Parcels owned or leased by public school districts which provide activities which directly benefit the surface and stormwater management program. The activities may include: curriculum specific to the issues and problems of surface and stormwater WASTEWTR.ORD - Ordinance Disk 2 - 2/29/96 11 (v) (vi) (2) management and student activities in the community to expose students to the efforts required to restore, monitor, or enhance the surface and stormwater management system. Pursuant to RCW 35.92.021, the amount of the service charge shall be determined by the Director, based upon the cost of the activities to the school district, but not to exceed the value of the activity to the stormwater management program. Determination of which activities qualify for the stormwater management service charge reduction will be made by the Director. Reductions in Stormwater Management service charges will only be granted to school districts which provide programs that have been evaluated by the Director. The service charge adjustment for the school activity may be applied to any parcel in the service area which is owned or operated by the school district. Retail Stormwater Rate Adjustment Multiple Family & Commercial Within City Limits Outside City Limits Water Quality $.50/ISU N/A Water Quantity $1.50/ISU N/A Stormwater Penalty for new Multiple Family & Commercial development without on-site detention (BMC 15.06.050Co)) $.50/ISU N/A Implementation Schedule. All multiple family and commercial accounts with two or more ISU's will receive the credits in b(1)(v) above per ISU until December 31, 1997; Provided, The property owner submits engineering plans and specifications for on-site stormwater quantity and quality improvements for their property by October 1, 1995, and said plans are approved by the Department according to System Development and Construction Standards. Failure to comply with any of the aforementioned provisions will result in these accounts being WASTEWTR.ORD - Ordinance Disk 2 - 2/29196 12 Section 2. Effective Date. APPROVED by the City Council of the City of Bremerton this ,1996. PASSED by the City Council of the City of Bremerton this ~ This ordinance shall become effective July 1, 1996. day of day of ,1996. APPROVED this JOHN E. LAW, Council President __day of ,1996 LYNN HORTON, Mayor ATrEST: KATHLEEN McCLUSKEY, City Clerk WASTEWTR.ORD - Ordinance Disk 2 - 2/29196 13