Loading...
HomeMy WebLinkAbout10/09/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA OCTOBER 9, 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes - September 11, 1996 AB96-225 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. F~AYOR~S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 7 o NEW BUSINESS A. Appointment of Cheryl Kincer To The Disability Action Committee B. Professional Services Agreement For Design Of Corrosion Control Facility C. Contract with Kitsap County to provide Financing For Improvements To The Admiral Theater #AB96-226 ~ #AB96-227 ~-- #AB96-228 J7 8 o PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution #2563 Regarding Recovery Of Fees For The Abatement Of The Property Located At 1510 Snyder Avenue #AB96-229 ~/~ 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL ~%NUTES - SEPTEiiBER 11] 1996 10-9-96 FOR AGENDA OF: ORIGINATING DEPT: City (]ounci ORIGINATOR: John E. Law~ DATE SUBMITTED: 10-3-96 2. c~cEs: (comment on back if necessary) EXHIBITS: NOTE: Minutes will be distributed on MONDAY, October 7, 1996. ENDORSEMENT__ INFORMATION__ MAYOR APPROVED BY coUNcIL PR~SDDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~ ~ ~ 4. SUMIiARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. E~_~_OPLMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIP~ATION DATE: REVIEW DATE: PULLED __ TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED __ DISAPPROVED __ DATE: AMENDED __ il. AGENDA'~ILL NO: TAPE #1405 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES SEPTEMBER 11, 1996 #0028 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, September 11, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees, David Fart, Richard Neville, Lon Overson, Cecil McConnell, and A1 Colvin. Also present were City Attorney Ian Sievers and City Clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Larry Reed of Olympic View Assembly of God Church. CONSENT AGENDA None CL~T~E/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/McConnell) on September 11, 1996, the Council does approve for payment those vouchers included and further described as follows: 201357 through 201543 in the amount of $565,649.17. coUNCIL MEMBER REPORTS Mr. Colvin announced the District %1 Neighborhood Meeting scheduled for September 19 will be MC'd by Wayne Olsen and Mayor Lynn Horton will give the State of the city address. Mr. Overson reported today at approximately 2:00 A.M., the Bremerton Police Department was summoned by his neighbor due to an apparent prowler. He was pleased to report the Police response was very quick and the problem resolved. Because his mother and mother-in-law heard such good things about this area, they are both currently visiting the Oversons. He extended a special welcome to his mother-in-law Mary Long Erickson. Mr. Neville reminded everyone to exercise their right to vote on Tuesday. Mrs. Huff-Menees also encouraged people to vote on Tuesday and pointed out many races will be decided on Tuesday. She TAPE #1405 City Council Reg. Mtg. Minutes September 11, 1996 Page 2 of 31 congratulated the City on the opening of the new 18-hole Olympic Course at Gold Mountain. Mr. Montqomer¥ reported on September 6, 1996, he sent a letter to President Clinton in reference to the USS Missouri being moved to Hawaii for its final resting place. His position was clearly stated opposing such a move and the fact that it would be visited by only the wealthy, thereby depriving the many hundreds of thousands of people the opportunity to visit the historical ship. And, he did not support the idea of bringing the USS IOWA to Bremerton, since it currently is moored on the east coast. He doubted he would receive a response from the President. On Saturday he attended the dedication of the new Crownhill School. He urged everyone to vote on Tuesday. Mr. Winters stated he agreed with Mr. Montgomery's letter and suggested that others write the President. He thanked the individuals, who contacted him this week, regarding the District #9 Neighborhood Meeting he held at his home on Monday. He urged the public to please support local fund raising activities. If someone is not registered to vote, their vote won't count, so the first step is to register. He is looking forward to meeting lots of people on the new golf course on Friday. Mr. Law stated he is convinced the new Gold Mountain Olympic Course has at least 17 signature holes and undoubtedly the most beautiful course next to Pebble Beach. District #3 will hold a Neighborhood Meeting on September 17, at the Senior Center, 7:00 P.M., with Police Chief Paul DuFresne as the guest speaker. The Manette Merchants Flea Market will be held on September 15, 1-5 PM. MAYORIS REPORT Mayor Lynn Horton extended an open invitation to the opening ceremony for the new golf course on Friday, 12:00 noon. Mayor Horton issued the following Proclamations: (1) September 16, 1996, Gold Star Parents And Gold Star Wives Remembrance Day, which was accepted by Nancy Lowan, President of Veterans of Foreign Wars Ladies Auxiliary. Bob Sauter emphasized the men and women who died fought for our right to vote and if it were not for their sacrifice we would not have that right. He urged people to register to vote. (2) September 20, 1996, Prisoner of War And Missing In Action Remembrance Day, which was accepted by Bob Sauter, who announced he will read this Proclamation on MIA Day in Olympia at the Capital Campus September 20, 10:00 AM. PUBLIC RECOGNITION TAPE #1405 city Council Reg. Mtg. Minutes September 11, 1996 Page 3 of 31 shirle~owerton, Bremerton resident, stated she and her sister-in- law purchased flower pots for the Front Street businesses...they built them and planted them; however, last night half of them disappeared. She questioned the City's authority to set time limits in special marked Handicap parking spaces in front of City Hall. She also questioned if the residents of Bremerton would have the opportunity to vote on any revitalization or re-development of the downtown area? President Law assured Ms. Howerton she would receive a response to her questions. Don Larson, President Washington Scuba Alliance, reminded Council and the public of the Sinclair Inlet Clean-up & Marine Fair to be held September 21, 11:00 AM - 2:00 PM., at the First Street Dock. He also requested the city to plan for a future underwater park by including it in the city's Capital Improvement Plan. Karen williams spoke about the Constitution Day event - September 15, 1:30 P.M., at the Bayview Inn, sponsored by the Martin Luther King Jr. scholarship Fund. ~inda Kroum, YWCA A.L.I.V.E. Program, talked about the YWCA Week Without Violence October 6 -12. Richard Chrlsinqer expressed his support for keeping the USS Missouri in Bremerton. He announced a Dedication Ceremony for the WWII Memorial will be held on October 3, 1996, in Olympia. Model #22 was selected for the memorial. He also urged members of the public to vote. charlie Brown, Bremerton resident, stated a noise problem involving a parking lot sweeper is an on going problem in his neighborhood; however, he believes the city is trying to work through the problem. He feels if Bremerton can't have the USS Missouri it should be anchored in Tokyo Bay. He brought up the August 2nd Sinclair Landing Association/Fletcher Wright sponsored event at McCormick Woods and was trying to under stand why this organization, who is in place to either redevelop or revitalize downtown Bremerton, would hold a social event outside the city of Bremerton. He could think of two places in Bremerton to hold such an event - the Turner Joy or on the boardwalk. He also believes the SLA Board should have an open meeting, at the boardwalk, and invite the public to view the presentation material and allow public comment. Gord¥ Byrd encouraged citizens to vote on Election Day. He also his appreciation of the Fire Department Paramedic Service's quick response to assist him with a medical emergency. Del Knauss expressed concern that Councilman Montgomery publicly TAPE #1405 City Council Reg. Mtg. Minutes September 11, 1996 Page 4 of 31 read a letter addressed to Mr. Knauss without getting Mr. Knauss's permission. He referenced a recent Value Engineering Study that addressed making Burwell and 6th Street, possibly llth Street and Callow Avenue one-way, and removing parking on Callow. He felt strongly that Council should stick to their previous decision to not go to a one-way couplet involving Burwell, 6th Street and Callow Avenue. He questioned why is the City paying one consultant to review another consultant? He believes the push for one-way streets is coming from the developers of the Sinclair Landing project. He emphasized we can't do something detrimental to the residential neighborhoods to save downtown Bremerton. Also, if Callow Avenue is made one-way and if parking is removed from that area, it will kill the Callow Avenue Business District. Someone on the City Council needs to tell the Mayor and consultants "we are done studying, we took a vote it is over." He announced he would personally make copies of the information he obtained regarding this issue and distribute it to residents and Callow Avenue businesses. Don Atkinson, KITZ, reported following negotiations with West Sound Access Television they will be doing a simultaneous broadcast on election night and will be originating from TCI. Elizabeth Buell, Bremerton resident, was pleased to hear residents of Kitsap County will have the opportunity to get election results via radio or TV. She supports Del Knauss's concern about Council giving reconsideration to the one-way couplet proposal. Recently, she made a call to CENCOM about lights being left on at Lions Field at 2:00 A.M., and someone responded quickly call and extinguished the lights. 7A THREE YEAR CONTRACT EXTENSION FOR UNIFORM AND LAUNDRY ~97 SERVICES, #AB96-200 The City entered into a three (3) year contract with Superior Linen Services to provide uniform rental and laundry services on July 1, 1993. Service is provided to the City's Public Works employees. Staff review of product and services provided by the contractor reflects that it is in the best interests of the City to extend the contract for an additional three year period. The contractor has agreed to maintain current pricing through the extension period and to add two additional products consistent with current contract pricing. Public comment - none. M/S/C/U(Montgomery/Huff-Menees) to approve a three year extension for uniform rental and laundry services provided by Superior Linen Service. #1442 ~1496 TAPE #1405 City Council Reg. Mtg. Minutes September 11, 1996 Page 5 of 31 8A - ORDINANCE NO. 4568 (SECOND READING) AMENDING THE 1996 BUDGET (BUDGET ADJUSTMENTS ~96-13, AND ~96-15 THROUGH #96-26), ~AB96-19~ Public comment - none. M/S/C/U(Farr/Montgomery) to pass Ordinance .No. 4568 on second reading, amending ordinance No. 4552 relating to the budget of the City of Bremerton for Fiscal Year 1996. 8B - ORDINANCE NO. 4569 (SECOND READING); AND RESOLUTION NO. 2558, ACKNOWLEDGING A REVISED EMPLOYEE EX~NSES REIMBURSEMENT POLICY, ~AB96-197 Public cor~ment - none. M/S/C(Huff-Menees/Montgomery) to pass ordinance No. 4569 on second reading, repealing Section 3 of Ordinance #4374; Vote on motion: In Favor: Huff-Menees, Montgomery, Neville, Fart, Colvin, Winters Opposed: Overson, McConnell, Law Motion carried. il6 M/S/C/U(Montgomery/Huff-Menees)to approve Resolution No. 2558, acknowledging a revised Employee Reimbursement policy. 8C - ORDINANCE (FIRST READING) SETTING ADDITIONAL COMPENSATION FOR COUNCIL AND COUNCIL PRESIDENTf ~AB96-201 The proposed ordinance increases the salary of council members by $2,190.00 per year, and the council member appointed by the city Council as Council President by $100.00 per month as compensation for additional responsibilities enumerated in the Council Rules and Procedures. An annual cost of living adjustment is included beginning January 1, 1997. Article XI, Section 8 of the Washington Constitution prohibits an increase in the salary of any county, city, town, or municipal officer after his election, or during his term of office. The increase approved in this ordinance can be paid only to council members filling the next term for each district council seat, beginning for some in 1998, and extending to all council positions in 2000. This ordinance is inoperative as,to incumbent council members during their present terms of office. President Law stated he was requested by Council members to allow them to make comments prior to opening the discussion to the public. 590 M/S/C(Montgomery/Overson) to table this item until after the November election. TAPE #1405 City Council Reg. Mtg. September 11, 1996 Page 6 of 31 Minutes Vote on motion: In Favor: Opposed: Motion carried. Overson, McConnell, Colvin, Montgomery, Huff-Menees, Neville, Law Winters, Farr 9A - RESOLUTION NO. 2559w REVISIONS TO CITY CHARTERt ~AB96-199 The revised Charter removes redundant and inconsistent languuge, updates the current language to reflect changes in state law, such as the election of the municipal court judge, and clarifies a number of ambiguous passages. A second emphasis is to remove the majority of references to administrative organization, including position titles and duties of officers and employees. A summary of substantive changes is attached as a cover sheet to the draft. The first hearing will provide an opportunity for public input and incorporation of changes to the draft. A resolution referring the revised charter to the November general election will be considered the following week. President Law explained this is an extension of the hearing held at the September 4th city Council meeting. At that hearing, one action was taken to accept the revised edited Charter. Following that action, several changes were presented to the Council, which were included in the Agenda packet and identified as "PROPOSED ALTERNATE SECTIONS". He asked the City Attorney to identify the minor corrections that need to be made to the proposed Charter. Ian Sievers, city Attorney, referenced his late submittal of Section 8 to reflect what was in the Charter at the September 4th hearing, which was a written down version of what he read on the record about compensation for Council members going to the vote of the people. In the alternate section, which followed the Charter, he revised what he read on the record to reflect the fact that even if it goes to an Initiative measure, the people cannot decrease a salary of a sitting Council member or the Judge. That is a different version of sending it to the vote of the people. He also submitted some additional draft language reflecting different interpretations for Special Elections under Section 10, as to when that Special Election would be held to fill positions on the city Council if more than four became vacant at one time. The current interpretation would call for a Special election that would coincide with the Municipal General Election. He believes it was the intent of those working on Section 10 that the election would be sooner than that simply because there are so many positions vacant. He provided two options: (1) hold a Special Election each year at the General Election; (2) have a Special Election on the mid-year election dates. He was not aware of any other corrections or omissions to the proposed charter. TAPE #1405 city Council Reg. Mtg. September 11, 1996 Page 7 of 31 Minutes if anyone in the audience believed that any the September 4th Council meeting is not proposed Charter? Andy Paryp&, Bremerton President Law asked segment approved at incorporated in the resident, recommended a change to ARTICLE VIII, Section 35 - deleting the word "Charter" and replace it with the word "section", based on the fact that Sections 49, 50 and 51 were struck out thereby deleting reference to an ordinance being submitted to the qualified electors for amending an ordinance initiated or referred. Mr. sievers stated there is still an Initiative and Referendum process in the Charter. Mr. Parypa pointed out not in the "smooth" copy. Mr. sievers noted it was contained in Section 36. Mr. Slevers recommended changing the word "Charter" to "section". Mr. Colvin questioned if it would be in order to make a motion to table this item because there seems to be so many questions still unanswered? Mr. Overson emphasized there was not a lot of confusion. Mr. sievers stated he did not think a tabling motion was necessary and he did under stand Mr. Parypa's point on the section in question. The current Charter has three lengthy sections explaining the process whereas the proposed Charger shortens that discussion with the reference to State law, which outlines the details of that process. President Law announced with the one change recommended by Mr. Parypa, Council accepts the preliminary Charter, which is now open for comment by the city Council members. Mr. M¢Connell stated he was not sure of the public's awareness of the proposed alternate sections. President Law pointed out that information was provided in the Agenda packet, which was available for public review. He asked if anyone in the audience wanted the alterative proposals for various sections read out loud or desired an opportunity to view them. The response from the audience was to just read the titles. Kathleen McCluske¥, City Clerk, read the following: Council Conflict Of Position, Sec. 6, three insertion options; Council Compensation, Sec. 8(1), three replacement options; Mayor Pro Tem, Sec. 11(1) and (2), replacement option; civil Service Status of Chiefs, Sec. 31(3), replacement option; Disposal of Utility Assets, Sec. 29, new subsections (2) and (3) option; Age requirements for Boards and Commissions unless excepted by Ordinance, Sec. 34, replacement option. Mayor Lynn ~orton stated for the most part she felt the proposed Charter was a fairly well written document and she reminded Council the intention of this document is a clean up of the existing Charter so that it is workable and understandable. She commended Larry Stone, Andy Parypa and the Ian Sievers for the good job they did in developing the document. She stressed this is not a new issue and over the past three years there has been much discussion TAPE #1405 City Council Reg. Mtg. Septe~foer 11, 1996 Page 8 of 31 Minutes about revising the Charter, and the over riding principal was to get a good Charter that was readable and understandable. In that vain, she had comments that had to do with some of the recommendations made at the September 4th Council meeting. On the issue of Council Compensation - she recommended that a Citizens Commission be formed to make a recommendation to Council for adoption by the City Council with the same provisions, by Washington State law, that it would not take affect for the Council members until they had a new election. That way, the citizens would be reviewing Council's compensation and making a citizens' recommendation rather than putting the issue on the Ballot. She was doubtful that anyone would approve a salary increase at any point of time and it was only fair that periodically Council salaries are increased. When she served as City Council President she spent more in long distance telephone bills then the compensation she received. In regard to the Mayor Pro Tem issue, Mayor Horton's only concern is that the Council President be the Pro Tem for continuity of power based on the fact that, as the President, that person is the most knowledgeable person on City issues on the City Council. If Council desired to have a position, i.e. protocol where they assume the Mayor's position for ceremonial purposes, she would could support that as well. Under the issue of Civil Service for Police and Fire, she is strongly in favor of exempting the Fire Chief and Police Chief from Civil Service. If the Mayor is the responsible entity to oversee the Fire and Police Departments, she does not believe it is fair to saddle those positions with Civil Service requirements. If a Fire Chief or Police Chief end up being someone who needs to be removed, the Mayor needs the authority to remove them quickly and the Civil Service process can be very long and convoluted. Currently, the Police and Fire Chiefs waive their Civil Service rights prior to accepting the position. An extensive Job Assessment was conducted for the employment of the City's current Police Chief and she would have liked to participate in that function because there were some questions that she wanted to address at the point of interview, but she was not allowed because it was conduced under Civil Service rules. Lastly, on the issue of disposal of watershed and Utility property, over the last several years the City has purchased, sold and traded many pieces of watershed property. Those actions were taken in order to secure the watershed; and some City property was deemed no longer necessary for the long term benefit of the Water Utility. And, if each time you proposed to place such action on a Ballot, you will seriously hamstring the Utility. If the Utility was in a TAPE #1405 City Council Reg. September 11, 1996 Page 9 of 31 condition of experiencing consider such action. Mtg. Minutes serious problems, maybe then she'd TAPE #1406 However, Bremerton has one of the premier water systems in the Nation and one of the few systems State-wide that is not required to have water filtration, which is a clear indication that the city Administration and city Council are good stewards of the Water Utility and Council can make a decision on their own as to what to keep and what to surplus. She believes it is critical for the Council to keep that control. The same thing goes to the super majority vote for disposal of Utility land - situations come up where a quick decision is needed and having a requirement for a super majority vote of the city Council would delay prudent action. She urged Council to approve the proposed Charter for placement on the Ballot. John Thomas, Bremerton resident, supported the proposed option for Section 6, Council Conflict of Position - no person shall be eligible for the potion of Council member while holding any other elective public office or otherwise employed by the City. In regard to Council's compensation, he made the following recommendation: "Council member compensation shall increase each year (effective October 1/ at the same Dercentaqe rate as the lowest barqaininq unit percentage rate increase. In the event oi city employee lay offs qenerated by budqet limitations, the annual increase shall be waived for the Mayor, Council members, and City Manaqement staff employees." He was opposed to the option to foi~ a Commission made up of citizens, which would be named by the Mayor and confirmed for the city Council. Regarding Section 11 - Pro Tempore Appointment, he supported retaining the current process for electing a Mayor Pro Tem from within the Council as a separate responsiblity than that performed by the city Council President. Regarding Article IV, Section 21, he felt the language was confusing as to who could remove the city Attorney. His position on Article V, Section 19 Disposal Of Utility Assets is as follows: "Nothin~ in this Charter shall be construed to permit the City of Bremerton to sell all or any portion of the real property now owned or hereafter acquired for water supply purposes ~enerally known az watershed, whether or not currently used for water supply purposes, unless a question of such proposed sale shall have been first submitted to the qualified electors of the City by a majority plus one of the Council at a municipal qeneral or special election and assented to by sixty percent of said electors votinq on sucl~ question." He believes that control should be extended to cove~ the sale of all city real property, not just watershed properties and the condemnation of any real property for any City purpose (fire stations, office facilities, parks, parking lots, police stations, streets/street improvements, etc.), including any utility purpose. Lastly, Mr. Thomas stated his support of including the TAPE #1406 city Council Reg. Mtg. Minutes Septentber 11, 1996 Page 10 of 31 Police Chief and Fire Chief under Civil Service protection. Charlie Brown, Bremerton resident, stated he agreed with Mayor Horton on the issue of retaining the Fire Chief and Police Chief as at-will employees. In regard to compensation for the City Council and other elected officials, he supported the proposal to have any pay raises approved by the voters. By doing that, the citizens will determine if the elected officials are doing a good job. Emily Moshay, Bremerton resident, stated her support to have a Citizen Commission make recommendations for future pay raises for the elected officials of the City. Del Knauss, Bremerton resident, stated pay raises for elected officials should be by the vote of the people. In regard to the sale of watershed property, he felt the protection of that land is crucial and should be supported in the Charter. He also supports putting the Fire Chief and Police Chief under the protection of civil Service. Roy McGinnls, Bremerton resident, stated his support to have Bremerton's elected official's compensation approved by the vote of the people. In no way did he favor the appointment of a commission by the Mayor to recommend Council's pay raises. He felt strongly that if there is a deserving reason, the citizens will support an increase for the Council. In regard to the sale of watershed property, he felt comfortable with the current Council and Mayor, but he was not comfortable about actions that may be taken by future Councils and/or Mayors regarding disposal of utility land. The citizens need something in writing to control the upcoming elected officials. Gene SamDley, Director of Public Works and Utilities, stated he believed Mayor Horton presented some very strong arguments against limiting the sale or disposal of Utility land upon voter approval. It is important to recognize that the Utility has a fiduciary ability to act in the best interest of the Utility, which may not be in the best interest of all resident~ for other purposes. The Water Utility has a strict responsibility to the purpose of supplying water and to manage the assets of the Utility in a prescribed manner. He does not believe that submitting to the vote of the people decisions relative to disposition of assets is in the best interest of the City Utility as a water purveyor. He appreciates the concern that people have about the Union River watershed and shares that concern. If one looks at the acquisitions of the Utility over the years, the watershed is essentially protected by Utility owned land or land owned by the Department Of Natural Resources, which cooperates with the City in managing those properties. He believes it is important to not TAPE ~1406 City Council Reg. Mtg. Minutes September 11, 1996 Page 11 of 31 overly restrict the Utility's ability to manage those assets. He also believes too make an assumption that all purchases in the past have been good decisions is an error. Utility properties have been disposed of in the past that have not been of any value to the Utility and good actions were taken in disposing of such sites. He, as the Manager of the Utility, trusts the city Council to confirm or deny any recommendations that they feel are not serving the best interest of the Utility. city Council members are elected by the constituents for specific purposes, and they serve as the Board Of Directors for the Utility and should continue to operate in that manner. He noted the Utility's Land Management Plan is nearly complete and is an indication of how serious the Utility is about management, and that Plan will provide for a sound basis for decision making for all Utility assets. Del Knauss stated as a spokesperson for the Land Management Plan, %he citizens Committee for the Plan is proposing an ordinance that includes agreement with the Suquamish Tribe, Silverdale Water District, and Kitsap County Health District. The only difference between that ordinance and what is being proposed here to protect Utility assets is the requirement for a 9-0 vote of the City Council to surplus any watershed land. He suggested Council consider the requirement of a 9-0 vote, which would bring about the same effect as that proposed by the citizens Advisory Committee. President Law noted an alternate has been suggested for the section dealing with disposal of Utility land. Mr. Sievers stated for clarification Mr. Knauss's suggestion would identify a 9-0 vote by Council; however if a vote came in less than 9-0 it would then have to be approved by the ballot method. For further clarification the section would read as follows: "Nothinq in this Charter shall be construed to Dermit the city of Bremerton to sell all or any portion of any of the real DroDert¥ now owned or hereafter acquired for waters supply purposes qenerall¥ known as watersheds, whethe~ or not currently used for water supply purposes, unless a question of such proposed sale shall have be approved by a unanimous vote oi the entire Council membership or first submitted to the qualified electors of the city bva majority vote." President Law identified the statement just read as Alternate #4 for Section 29. Andy Parypa stated he was in some agreement with Mayor Horton on the issue of the Fire and Police Chiefs being under civil Service, but he wanted to clear up a misconception about how long it takes to fire someone under civil Service. Based on his past work history, if the supervisor, Department Head or manager properly documented inappropriate actions by the civil servant they could be terminated in a very timely manner. He does fear the possibility of pressure being placed on the people having enforcement power for Fire Codes. If the enforcement officials are muzzled or micro managed, and they are not protected by civil Service, we'll have a TAPE #1406 City Council Reg. Mtg. September 11, 1996 Page 12 of 31 Minutes lot of buildings that will not meet Fire Codes, and such conditions already exist. Charlle Brown stated he worked 29 years in the Federal service and has had occasion to fire people, but it does take a lot of time to gather the data/information and to dismiss the individual at the senior management level. In many instances the process for termination is so involved that the choice was made to transfer an individual to another department instead of trying to fire them outright. He suggested leaving the Fire and Police Chiefs as at- will employees of the Mayor, but in order to dismiss them it would take a majority vote of the City Council. Ma_~r Horton stated if she as Mayor is the responsible entity for the ~tration of the City, then she should have the ability to terminate Department Heads at-will without confirmation from the City Council or having to go under the Civil Service process. There has not been a time when she has come before Council notifying them of her proposed actions relating to dismissal of a Department Head where they disagreed with her actions, but by the same token, if Council overrides that firing and she is stuck with someone she does not want, that would make her job much more difficult. Ida Mae Coo~er, Bremerton resident, stated she supports the proposal to keep the Police and Fire Chiefs under Civil Service in order to give them some protection and not allow them to become puppets for the Mayor. She agreed with the earlier suggestion that the Mayor be required to come to the Council stating the problem and then requiring the majority vote of the City Council for dismissal. Gene SamDle¥, Director of Public Works and Utilities, referenced Section 29, option (2)- Disposal of Assets, and pointed out the recommendation that disposal of lands not required for water supply purposes having to go before the voters flies directly into the face of the Utility's responsiblity to manage for water supply purposes, which he views as an important aspect. Mr. Winters stated this issue is very important and he thanked all of the individuals who provided input during this discussion. He noted for the record that no one from District #9 was either in the audience or had called him prior to this meeting to give their input on this issue. Kathleen McCluskey, City Clerk, read into the record the three options for COUNCIL CONFLICT OF POSITION, Section 6. Mr. Sievers stated for clarification the title used for all three options would be the same and the highlighted portion under (2) and (3) are simply an alternate portion that is highlighted in (1). #1131 TAPE #1406 city Council Reg. Mtg. Minutes September 11, 1996 Page 13 of 31 M/S/C(Overson/Montgomery) that Council support option (1), which contains both (2) and (3). Section 56 - Election - Term of Qualifications: No person shall be eligible for election to any City office, unless he is a citizen of the United States and has resided in Dremerton for at least one year preceding election, except the Municipal Judge, who need only be a citizen and reside in Kitsap County and licensed to practice law in the State of Washington. No person shall be eligible for the position of Council member while holding any other elective public office or otherwise employed by the City. Candidates for Council must also be residents of their respective districts at the time of filing. Mr. Fart asked Council to closely consider this and not be overly restrictive, specifically that a Council member cannot hold another elected office would prohibit someone from serving on the School Board at the same time serving on the City Council. He believes the law governing conflicts of interest is enough and being more restrictive could eliminate some good civic minded people, but hold other offices that are not in conflict with the city Council. Therefore, he supports option (3). Mr. Overson pointed out there are probably 1,000+ registered voters in each of the nine Council Districts and he believes out of that someone could be found to run for a city Council position that does not hold another elected office. Vote on Motion: Motion carried. In Favor: Opposed: Colvin, McConnell, Overson, Neville Huff-Menees, Winters, Law, Montgomery Farr Mrs. McCluske¥ read the three options - I, II, III, under COUNCIL COMPENSATION SEC. 8(1). Mr. Montqomery stated his support for Option III based on the fact he believes no elected official should be given a pay raise unless it was voted on by the people. Mr. Winters acknowledged his taking into consideration the opinions of those who spoke before Council on this issue. Those individuals may not agree with the way he votes, but he wanted it to be clear that he gave serious consideration to their input. Mrs. Huff-Menees challenged some of the speakers over the fact that many are or were employees of the Federal Government and their salaries were paid by the public and their salaries were not subject to decision based upon the public, who do not have a clear understanding of what the job is or what it requires the individual TAPE #1406 city Council Reg. Mtg. Minutes Septe~Lber 11, 1996 Page 14 of 31 to do to accomplish that work. She does not support elected official salaries being subject to the vote of the people. There isn't any jurisdiction in Kitsap County or as far as she knows in the State where public officials' salaries are subject to a vote of the people. She finds it difficult to believe that members of the public would be willing to allow thousands of people to make a decision about their salary without having an understanding of what they do in that position. She also pointed out it is a fact that the electorate is never fully informed about the issues being voted on, and for that reason she believes that subjects such as salaries need to be determined by people who have made a close and thorough study of the responsibilities, what is required to carry out that work and only then is someone capable of making a decision what is adequate pay for that work. Mr. Fart acknowledged that for most public officials it is somewhat embarrassing to talk about their compensation and that someone should not go into politics for the money. What he has found, issues or candidates are passed in the ballot box somewhat based on someone championing that issue or an individual. He questioned who would champion this cause? An issue that does not have a supporter won't pass. He believes this is a very short sighted approach and would result in the City Council being manned by only retired individuals. Many people would like the opportunity to serve, but this job involves a lot of time and many people would like a little compensation to make up for the time they devote to the job that they could have been gainfully employed doing something else; and it may give some younger people the incentive to run for elected office. He pointed out in the last City election of the four Council positions up for election, his position was the only one opposed. He suspects because the job entails long hours and low pay has something to do with the lack of Council positions being challenged. Another option for the people wishing to doom Council positions to low pay, is to donate their salary to their favorite charity, return it to the city and let the public know that is what they have done. He learned two years ago that the City of Port Orchard's City Council, who meet half as frequently as this Council, receives $7,200 per year and this Council with twice the meetings or more receive $6,000 per year. He doubted that the public would pass a raise for the City Council. 513 M/S/C(Farr/McConnell) to accept Option II: The compensation of the Mayor and Municipal Judge shall be fixed by ordinance. Council salary shall be set by a commission appointed by the Mayor, using the language from the City of Vancouver Council Compensation Ordinance as identified by the City Attorney. Mr. Montqomer¥ stated he became a Council member to serve the community, not because of the salary he would receive. He again TAPE #1406 City Council Reg. Mtg. Minutes September 11, 1996 Page 15 of 31 voiced his position on the issue...let the voters decide. Mr. winter~ stated he took the time to check records at the Kitsap County Court House and learned that information submitted in 1993 reflected Council members' salaries as follows: City of Bremerton $6,000 per year; city of Port Orchard $2,880 per year; city of Poulsbo $1,500 per year; Bainbridge Island $2,400 per year; and Kitsap County Commissioners' salary data $61,630. Mr. Colvln stated he agreed with Councilman Fart that not a lot of people are actively pursuing City Council positions. He believed that other cities around the Puget Sound area pay their City Council members more than what the Bremerton city Council receives as a salary. He Dersonally will not benefit from a salary increase; however he-believes Council deserves a raise, which the voters do not really understand. Mrs. Huff-Menees stated in terms of the make up of the City Council, it is an unfortunate fact that there are only three current Council members that were opposed in their last election and everyone else ran unopposed. She spent 16 years as a single mother raising two sons and working. Had she wanted to take an office such as this, she would not have been able to because of the time involvement. The current city Council does not represent the make up of the population of the city. Five members of this Council are retired, who do a great job, nevertheless they are retired, and there is only one woman on the Council and only one minority. The only way to make that more equitable and elect a Council and provide the people with a choice who they elect to represent them, is by making it a position that is respected enough to pay a decent wage so someone that does have to work part time or full time would be able to serve in this capacity. She pointed out young parents are not represented on the Council nor are there enough minorities represented, which is a factor of what the work pays yet the work is critically important. Mr. McConnell asked if more specific language should be stated in the motion identifying the use of a Commission appointed by the Mayor to recommend a salary increase for the City Council? Mr. sievers stated Option II is modeled after the Vancouver, Washington, ordinance and is a rather innovative approach. It is the only city that has adopted a Commission. Commissions are a method of surveying what is an appropriate salary level, but the real leap of faith in their Charter amendment is that there is actual legislation that becomes effective by Commission action. Commission members are not elected, but they actually pass this legislation being an ordinance that affects Council's salary. That ordinance is subject to a popular referendum. It may be a great idea and he was not commenting either way, but given the state of TAPE #1406 City Council Reg. Mtg. Minutes September 11, 1996 Page 16 of 31 the law it is an iffy proposition whether or not it could be done in the Charter. The Vancouver Charter text, if you have read the Constitutional amendment, models exactly the State Salary Commission that affects State offices. Such action is fine since there is an amendment to the Constitution that allows that Commission to set salaries for those offices. There is not a similar inclusion of that method for setting salaries for local offices. The Constitution does not give much guidance on setting salaries for local offices other than Article 30 Section 1, which is the topic of you can increase your own salary for those local offices that do set their own salary. But, it does not say how it is to be enacted. The Constitution does say you can't conflict with the general law. There are two statutes that seem to address salary RCW 35.22.200 and RCW 35.22.205, which is probably the worst example of drafting legislation because they have a direct conflict. Section 35.22.200 states the legislative powers of a City and it goes on to say that a Charter can determine elective officers duties and can dictate what those officers will receive as compensation. The very next section states the compensation and the time to be devoted to the performance of the duties of the Mayor and elected officials of all cities of the First Class shall be fixed by ordinance of said City irrespective of any City Charter provision. The City of Vancouver attorneys used a narrow rule of statutory construction and said the first one was adopted slightly later than the second one. Mr. Sievers believes it is iffy because the first section does allow some compensation be prescribed by Charter, and compensation probably means an amount of money, but probably did not intend to make this fundamental change in how legislation is passed. It did not say you could have some mechanism for setting compensation other than an ordinance, other than the Council or direct initiative ordinance. Municipal Research does not believe Vancouver's actions are supportable, but as of this date there has been no challenge. He did g~t the impression from the Vancouver attorneys that there was such strong support for the formation of the Commission by their Charter Revision Committee that they decided to assume the risk. He emphasized by pointing out the shaky legal grounds it is not to say it isn't a good idea and maybe the State Legislature should allow it in the statutes and declare the conflict within the two statutes. Mr. Sievers agreed with Mr. McConnell that more language needed to be added to the motion and would probably want to include wording that follows the State Salary Commission...appointed by the Mayor, but confirmed by the City Council and a referendum procedure for the Salary Ordinance that is being created by the Commission, which he felt was a good idea. To be on the safest grounds possible, he suggested including all of the applicable language included in the Vancouver Ordinance #2314 TAPE #1406 city Council Reg. Mtg. Minutes September 11, 1996 Page 17 of 31 Mr. Overson stated his support of the motion as stated. Mr. Slevers pointed out a significant change from the short version to the 10ng version... Vancouver's version uses the commission for the Mayor's salary as well, but Council's short version was directed just towards the Council's salary. Vote on motion: In Favor: Huff-Menees, Fart, Neville, Overson, McConnell, Colvin Opposed: Montgomery, Winters, Law Motion carried. Mrs. McCluskey read MAYOR PRO TEM SECTION 11(1) AND (2) REPLACEMENT OPTION ~an siever__s, City Attorney, stated the option is language currently in the Charter and the only change was its placement in the reorganized section and split it into two subsections. Mrs. Huff-Menees stated having served as city Council President and knowing the level of involvement required with that responsiblity, she agreed with Mayor Horton's statement that the Council President is the person most fully informed on the Council. In no way was she saying that to demean any performance by any other Council members, but the President is more directly involved with the Mayor and what is going on in the City. Her recommendation is to leave this section as it stands currently. It is hoped that all Council members are well informed, but the City Council President has an involvement and a work load that is very different from other members of the Council. Mr. Winters stated he has served three years as Mayor Pro Tem and finds it to be very enlightening, but at the same time he agrees with the Mayor the most informed person is the Council President, not the Mayor Pro Tem. That saddens him because the duties of the Mayor Pro Tem are outlined in the Charter; however he was not kept informed by the Mayor. He is withdrawing his suggested recommendation for this section and he believes every Council member should be equally informed by the Mayor through the City Council office. He noted Mr. Thomas had approached him with the comment that the Mayor Pro Tem position should stay; however, he was not supporting that recommendation. M/S/F(McConnell/Winters) Within the first ninety days of each year, the Council members shall, by majority vote, designate one of their number, or any qualified registered voter of the City of Bremerton, as Mayor Pro Tempore to serve in the absence or disability of the Mayor. TAPE #1406 City Council Reg. Mtg. September 11, 1996 Page 18 of 31 Minutes The Mayor Pro Tempore shall hold office at the pleasure of the Council, and perform all the duties of the Mayor, except that Mayor Pro Tempore may only remove department heads of the City of Bremerton after the Mayor has been absent from his position as Mayor for thirty consecutive days, in which event the Mayor Pro Tempore may remove department heads of the City of Bremerton with the approval of the Council. Vote on Motion: Motion failed. In Favor: Opposed: Montgomery, Winters Huff-Menees, Farr, Neville, Overson, McConnell, Colvin, Law Mayor Pro Tempore statement in the Charter will remain. Mrs. McCluske¥ read the option for CIVIL SERVICE STATUS OF CHIEFS SEC. 31(3). ' Mrs. Huff-Menees stated she does not support the option and believes the Mayor, as Chief Executive of the City, has to have total authority over the Department Heads and doing anything less than that is hamstringing the Mayor. Several people have stated there has not been a circumstance in this administration or any recent administrations where it has been an issue. The Mayor has made good decisions about Department Heads and several members of the City Council have stated "if it isn't broken, don't fix it", which she believes is one of those situations. Mr. McConnell pointed out the City's current Charter has the Police and Fire Chiefs under Civil Service; however State law was enacted that allowed cities to take them out of Civil Service, if they volunteer to waive that right and put them under contract. While it may be difficult to get rid of someone under Civil Service, he did not believe it was that difficult based on his personal experience. He felt it would be more costly if the City had to buy out a contract rather than go through the procedure of firing through the Civil Service process. Mr. Overson stated this was not an easy issue and there is benefit to both sides. He pointed out there have been a couple of votes with the voting public wherein they strongly supported the present system of government, which is tantamount to strong support of the Mayor's independence to carry out her job. He believes it is necessary to put it in the Charter so that the constituents understand that the Mayor they elect has the power and responsiblity to carry out the job. Things should not be placed in the Charter that dilute that authority and/or responsiblity. Mr. Winters stated several people in the audience stated their pE ~1406 '~ I~eg. Mtg- Minutes TA --unCl~ -~6 =hr civil .S~eVsicn%; city %0~=r ll, 19~ · ~s unu=. ~unCZ~ ~ ~ ~e and ~'~cisionS ~2~ those CoUnCil= ~f the ~ ~ctiOn ~ ._~ the F~ ~eads~l is not co ~ d P°~ice ab ~tatea hl%~e. Be ~'~2~e poliCe ='%~tizen ?~ .~'tice to CbOe{= %sSUe, Du ~ic s~fe%~ ~o the ~ ~t 55s be~,er to him ~f %~e -. %he pUU~ -~ only - .~i~enS- ~. _=. bower -a t~rou~ ~d to hay .-~ of the _ _ fro~ t~ _ nepart~ ~nat~on=, ~ of a.- ~ be~ --e tne~, = the t eva~ ~ ood th~ng' 'eir Per~° .... ~erSOnnel ' tn .~ se~iCe' der ciV ~ ~rnmen% City ~ ~v woU~ Fire ~ ~ and t~=~ ~ in uPpe~ ~ccept ~, +io~S~F ~re ~o~ ,,~ bel~v~ ~arY s~-- ~eV may ~ = ~ire C1 ~ ity sitive = er, he be~ Se~ice' ~_~ the C._~ is a pO .~ ~owev ~ ~nfluenCe ~ ~.~W sts~=~s, ~h~u~ ~= CounC~'_~enCe o~ ~%~e he +~e PO~ ~a~O~ u~ ~de~ ~ ~ as had ~ ~ture ~'~ ~ ;~ tn~,, - -;re to not h~fv~ been the so~e ~ ~e in faVOr ~- d his ae~. fs by the ~'~ plaC~ der a case un replacement option TAPE ~140~/s/C(McConnell/~interS) to accept the TAPE %1407 City Council Reg. Mtg. September 11, 1996 Page 20 of 31 Minutes All full paid employees of the Fire and Police Departments of the city shall be included under the provisions of this Article, and all existing provisions of State Law pertaining to such employees shall be substantially complied with by the Commission. All other full time employees shall be included under the provisions of this Article unless excluded in Section 33. Mrs. Huff-Menees emphasized any person elected to serve as chief executive of this city needs to have the ability to make determinations about their Department Heads, whether that means hiring or firing. Vote on Motion: Motion carried. In Favor: Opposed: Neville, McConnell, Colvin, Winters, Law Huff-Menees, Fart, Overson, Montgomery Mrs. Mccluskey read the options for DISPOSAL OF UTILITY ASSETS, SEC. 29. Mr. Moconnell stated he agreed with Mr. Knauss's recommendation to have a 9-0 vote for disposal of property and if Council could not agree with a 9-0 vote, then it would go before the voters. !02 M/S/F(McConnell/Colvin) to accept option (2) with the modification as recommended by Mr. Knauss: Nothing in this Charter shall be construed to permit the City of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally knows as watersheds, whether or not currently used for water supply purposes, unless a question of such proposed sale shall be approved by a 9-0 vote of the entire Council or first submitted to the qualified electors of the City by a majority plus one of the Council at a municipal general or special election and assented to by sixty percent of said electors voting on such question. Mr. Montqomer¥ disagreed with the motion as stated because the City Council, as elected officials, were voted into office to take on that responsibility. He believes this issue became a primary concern by some individuals when the City Council approved the sale of some watershed property located in the Anderson Hill area. No one has been able to convince him that Council did anything to jeopardize the City's water source through that prior action. Mr. Fart stated there are already checks and balances in place with the management of the Utility and issues before Council and requiring a majority plus one vote was adequate for further protection. TAPE #1407 city Council Reg. Mtg. Minutes September 11, 1996 Page 21 of 31 Mr. Colvin asked if a majority plus one vote as opposed to 9-0 vote was still subject to the same kind of lawsuit? Mr. Sievers stated no, this is a way that would allow action for disposal without having to place it on a ballot and Council can determine the super majority in the Charter...either a majority plus one or a simple majority or a unanimous vote. Mr. Colvin stated he believes Council is elected to make decisions and supported the method using a super majority vote of the Council. Mr. Neville stated he researched the number parcels sold verses the number of parcels acquired over the last seven years and there has been a significant increase in acquired land over that time frame. The utility management staff is very professional in over seeing the City's watershed. He supports the majority plus vote of the City Council. Vote on motion: Motion failed. In Favor: Opposed: McConnell, Winters, Law Neville, Overson, Farr, Colvin, Montgomery, Huff-Menees, 417 M/S/C(Colvin/Winters) to option 2 using a majority plus one vote of the Council: Nothing in this Charter shall be construed to permit the City of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether or not currently used for water supply purposes, unless a question of such proposed sale shall be approved by a 6-3 vote of the entire Council to pass it at the Council level or by a 6-3 vote of the Council to submit it to the qualified electors of the City at a municipal general or special election and assented to by sixty percent of said electors voting on such question. President Law raised some question as to the clarity of the motion and what it would actually accomplish, Mr. sievers stated Council has the option to make a simple majority vote for the sale of watershed property and a super majority to sent the issue to the voters. Mr. Winters stated he believed the confusion was coming from the prior failed motion and asked that it be revisited as to content. Mr. Sievers explained the failed motion identified a 9-0 vote of the Council or first submitted to the qualified electors of the city by majority plus one vote of the Council. Therefore, the only change to that earlier motion would be substituting the 9-0 vote with a 6-3 vote to pass at the Council level and the decision would be final and not have to go to the voters. 9603 )714 TAPE 91407 city Council Reg. Mtg. September 11, 1996 Page 22 of 31 Minutes Mr. Fart withdrew his second of the motion because the way desire the sale of Utility lands is simply by a majority vote. Mr. Winters seconded Mr. Colvin's motion. he Mr. McConnell urged the Council to vote "NO" on this motion and recommended a motion be made that identifies a simple majority vote by the City Council to dispose of Utility assets. Vote on motion: In Favor: Neville, McConnell, Colvin, Winters, Law Opposed: Overson, Montgomery, Huff-Menees, Farr Motion carried. M/S/C(Huff-Menees/Farr) to accept option %3: The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued effective utility service, unless and until such disposal is approved by a majority plus one vote of Council. Vote on motion: In Favor: Winters, Huff-Menees, Farr, Neville Law McConnell, Colvin Opposed: Montgomery, Overson Motion carried. Mrs. McCluskey read replacement option for Section 34 - Age requirement for Boards and Commission. M/S/C/(Montgomery/Winters) to accept replacement option: The Mayor shall appoint all boards, commissions and committees established by ordinance or charter, except the Audit Committee, with Council confirmation as required by ordinance. All members of boards, commissions and committees established by ordinance or charter shall be residents of the City for at least one year prior to appointment and eighteen years of age, unless otherwise provided by ordinance. Any member of a board, commission and committee established by ordinance or charter who is not a resident of the City at the time this provision takes effect shall serve out the balance of the term for which appointed. Vote on motion: Motion carried. In Favor: Opposed: Winters, Montgomery, Farr, Law, McConnell, Overson, Neville, Colvin Huff-Menees #0923 TAPE #1407 city Council Reg. Mtg. Minutes September 11, 1996 Page 23 of 31 Mr. Sievers asked for Council's thoughts on the handout he provided them on the issue of "Special Election". The language in the current Charter calls for a Special Election if more than a quorum of the council is vacant at one time. He believes the thought for calling a Special Election to fill the positions was to have it happen quickly. The language in the draft Charter calls for the next available Special Election. Under State law for elected positions it would only be the next available General Municipal Election. He has provided two options: option 1 would give language that refers to the next available Special Election for Partisan offices. That would be the off year for Municipal Elections, which would allow it to occur at the next General Election, so it would occur the next year. Option 2 simply adds a subsection to Section 10 and specifies what is meant by a "Special Election" and states that available Special Election referred to in this section includes any date permitted under RCW 29.13.020, which is the section that sets all the mid-year Special Elections available to the City, and it goes on to say the date for filing and primaries are calculated as if that was a Special or General Election. He emphasized Council can choose one of the two options or to retain the current draft language that would only make those Special Elections happen at the time of the normal Municipal General Election (every other year). Mrs. Huff-Menees asked if Council chose any General Election following an appointment, would that not then require, if one was in the middle of a term, that person to run for election again in a subsequent year when the term was up? Mr. Sievers stated yes. Mr. Neville stated he felt Council should take action on this issue based on the legal advice from the City Attorney. The problems identified included that an election would take place during a partisan office election. He pointed out the disadvantage of a Special Election costing the City additional dollars; therefore he supported Option %1. Mr. sievers passed on to Council the County Auditor's recommendation that to go to the mid year Special Elections for an act of electing an office would be a great disparity in practice and might be confusing to the voters. M/S/C/U(Neville/Colvin) to accept Option %1 for Section 10. "If at any time the membership of Council is reduced below a quorum, the remaining members, if any, shall appoint the requisite number of qualified persons to create a quorum who will appoint qualified persons to fill the remaining vacancies. The appointees shall serve until persons are elected to serve the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general election. If no Council members remain, the Mayor shall appoint qualified persons to temporarily fill the vacancies. The appointees shall 213 TAPE #1407 City Council Reg. Mtg. September 11, 1996 Page 24 of 31 Minutes serve until persons are elected to fill the remainder of the unexpired terms at the next available special election for partisan offices unless there is an earlier available general section. Mrs. McCluskey pointed out Council needed to take action, by Resolution, to place the proposed Charter on the ballot. Mr. Overson asked how in the future will Council know that the final amended version of the proposed charter will be the version published in Ballot. Mr. Sievers stated he would provided Council President Law a draft showing all of the amendments as approved by the City Council. Mr. Overson asked how will the final formed Charter be identified? Mr. Sievers. stated it would be the one attached to the Resolution and marked EXHIBIT A. President Law asked that the marked up version of the Charter with the lines through and under the changes would then become part of Council's Consent Agenda for the September 18 Council meeting. This will require the City Attorney's Office to have it ready for publishing by noon on September 13, which will give each Council member an opportunity to review the document and provide an opportunity to make correction of any error that might be found prior to submitting it to the County Election Department. Mr. Overson stressed the importance of marking the final document with a date or special mark setting it apart from other drafts. He asked if such an identification could be made prior to it being placed ont he September 18 Agenda? Mr. Sievers stated he would see that each page of the document is dated 9-11-96. Mr. Montqomery felt the voters should be provided a "smooth" copy of the proposed Charter. Mr. Fart asked if there is a mandatory form required for placement on the ballot? Mr. Sievers stated it he believed it is necessary to show amendments in the Title, and he was unsure about printing both the current Charter and proposed Charter in the ballot. Mr. Fart stated since the voters would be voting on accepting or rejecting the changes, wouldn't a summary of the changes be sufficient? Mr. Sievers explained the Voters Pamphlet will include a summary of the changes. M/S/C(McConnell/Colvin) to adopt Resolution No. 2559, setting forth the amendments to the City Charter for submission to the Qualified Voters of the City for approval or rejection at the General Election to be held November 5, 1996. to Ballot. Vote on motion: Motion carried. In favor: Opposed: Winters, Huff-Menees, Fart, Law, Neville, McConnell, Colvin, Overson Montgomery TAPE %1407 City Council Reg. Mtg. Minutes September 11, 1996 Page 25 of 31 President Law announced Council will be accepting names of individuals within the public, who are willing to serve on the Pro and Con Committees, which are required to prepare pro and con statements for the ballot, at the city Council office by noon on September 13. 10A - PUBLIC HEARING~ AND ORDINANCE (FIRST READING) TO CONSIDER AND ADOPT AMENDMENTS TO THE BREMERTON COMPreheNSIVE PLAN, ~AB96-202 The Comprehensive Plan may be amended only once each year. Proposed amendments to the Plan are collected during the year and processed as a package during the spring and summer. The Planning Commission reviewed and held public hearings on all proposed amendments and has recommended city Council approval. The amendments were submitted to state agencies in late June for a mandatory 60-day review. Any comments received will be considered prior to adoption of the proposed amendments. The Harrison District Plan is also a Plan Amendment, but because of its complexity, it will be considered at a separate public hearing and adopted by separate ordinance. Ron Houqh, Planning Manager, stated this is the conclusion of a five month process in updating the city's new Comprehensive Plan, which was adopted in April 1995, and readopted in February 1996, following the Growth Management hearings. The Growth Management Act requires that proposed amendments be docketed throughout the year and then processed all of the amendments at the same time comprising one massive Comprehensive Plan Amendment. The required State review of the proposed amendments has been completed and no comments were received from any State agency; therefore, the City is assuming the plan is accepted as presented. Ail of the recommendations are coming to Council with the recommendation of APPROVAL from the Planning Commission. There are six plan amendments...Pope Resources, Harrison District, Sciepko Annexation; Capital Facilities (citywide), Smith Cove and Arvon Park, which are minor amendments and not controversial. Mr. Hough briefly reviewed the 13 State Planning Goals identified for each of the amendments. The Pope Resources Plan Amendment 270 acres located near Pendergast Regional Park, which was proposed for a Planned Unit Development and approved to start that process several years ago. Pope is in the process of planning that PUD, which is a mixed use PUD with a variety of densities including some industrial park areas. In April 1996, Pope presented another proposal wanting to expand the industrial park area that ties in nicely with the property to the north (National Guard Armory), which is also designed Industrial Park. The other proposal was to add some medium density residential on the opposite side of their TAPE #1407 City Council Reg. Mtg. Minutes September 11, 1996 Page 26 of 31 development. This corresponds with some initial plans that are being developed, which have not come to the City for approval, but includes a variety of housing types, including some single family attached housing, which was not allowed in the low density zones before the Zoning amendments were approved 1-2 months ago. Therefore, the proposal is to add the medium density and increase the industrial park to about 60 acres rather than 27. ScieDko Annexation Area Amendment located east of Gorst, involves an area that was annexed to the City. When the annexation went before the Boundary Review Board, they suggested that several properties be added in order to square off the annexation area. The City followed the Boundary Review Board's directive and at the last minutes those properties were annexed into the City, also under the Industrial Park category, with the understanding the area will be reviewed later, which has been done. Those added properties are currently either undeveloped, large acreage or have one or two single family residents. The slopes are fairly steep along the freeway (Hwy. 16) and most of the properties are heavily wooded with steep slopes that are probably not suitable for the Industrial Park type of uses up on the plateau, so rather than create non-conformities out of the existing homes, the recommendation is to change them back to Low Density Residential and a rezone action will be coming along later to change the zoning as well. South Smith Cove and Everqreen Park Amendment - the City adopted a Master Plan for Evergreen Park, which included the extension of the park south around Smith Cove including an area that was designated Mixed Use. In order to develop Evergreen Park consistent with the Plan, there needs to be a change to the plan to show the expansion of the park. A zoning designation change will come later to change the Mixed Use (MU) to Parks & Schools (PS). The zoning changes should be almost automatic and should be before Council in 1-2 months. Arvon Park Amendment - this site is a small park, ,approximately 1/4 acre, in West Bremerton on Arvon Street just north of 15th Street. The City acquired this parcel in 1995 and developed it into a neighborhood park, which now need s to be placed in the Parks designation on the Comprehensive Plan and zone it Parks & Schools (PS). Mr. Neville asked if a portion of the Pope Resources request will come back before Council at a later time? Mr. Hough explained there were two proposals that went through the Planning Commission. When Pope applied for their Comprehensive Plan Amendment, they needed to do it one way because at that time there was zoning that did not allow Low Density attached dwellings. In order to build TAPE #1407 city Council Reg. Mtg. Minutes September 11, 1996 Page 27 of 31 Low Density attached dwellings they would have had to go to a higher density zone, like a Multi-family Zone and the only way they could do that was to get a Medium Designation on the Comprehensive Plan. In the process, two options were proposed to the Planning Commission in case the Planning Commission and Council did not approve the Zoning amendments that would allow Low Density attached dwellings; however, the zoning was amended to allow Low Density Attached. Ida Mae Coop~9~, Bremerton Resident, stated she made extensive comments on the Harrison District Plan and at that time, she was told she would receive a revised, corrected copy; however, she never received a copy. She questioned how does she review something she hasn't received? She questioned if the city was doing the same thing with people in other areas affected by the proposed amendments? She emphasized the only recourse the public has when property is being rezoned is to come before the City Council on a one-to-one basis. Mr. Huff identified specific maps in the Agenda Packet that reflect the amendments as presented as well as the two options presented for the Pope Resource Amendment. In response to Mrs. Cooper's concern over not receiving a copy of the Harrison District Plan, copies are available through the Planning office. Kay Wilson, Planner, apologized to Mrs. Cooper and assured her and anyone from the public interested in receiving a copy of the plan that they can either pick up one from the Planning Department or request that they be mailed directly to them. David Cunnin h_g~, Pope Resources, stated this particular action on the Comprehensive Plan Amendment is the third of four the City required in 1990. Council may recall the city had the choice of gaining control of all the land uses in the watershed or building a very expensive water filtration plant in 1989-90. Pope Resources owned a lot of land in the watershed and they agreed to exchange that land for other city owned land. As a result of that, there were some timber, land and cash exchanged between the City and Pope Resources to make it a fair trade. That is how they acquired the 270 acres located next to the Pendergast Regional Park. At the point where they acquired the land, the Forest Management designation was changed to a mix of single family, multi-family and industrial. Then, in 1992 came the harvest of the timber and at that time the city looked at some of the wetlands and steep slopes, creek and wild life and had a lot of thoughts about how the timber on that site should be managed, as did Pope for the economic value in the timber. As a result, they actually had Jack Allingham, a city Planner, work with their foresters on the ground to make sure that logging practices respected those environmental conditions. The site now has some cleared areas, which will be developed for building and there is a tremendous amount of open space. The third step of the process is this Comprehensive Plan Amendment, which TAPE #1407 City Council Reg. Mtg. Minutes September 11, 1996 Page 28 of 31 provides a very solid policy basis for them to bring in the real detailed PUD plan for City approval, which is step #4. of the 270 acres, 150 acres will be left for open space and the remainder will be built out. They have worked with the Parks Department and Utilities Department to interface to make sure the utilities are being put in as necessary and they paid their share of those costs. Their approach typically is not to do a project and force it into a City or County Comprehensive Plan or Zoning Ordinance...they would rather do it another way and in this case it has taken them six years. He urged Council to support the Comprehensive Plan An~endments. He complimented the City on their process for making Comprehensive Plan Amendments and cited their orderliness, understandable and as clean as any he has seen. ~a¥ Wilson, Planner, quoted from a State publication about Growth Management as follows: "One of the most important, yet least understood, parts of a comprehensive plan is the capital facilitie~'~ plan or element. In many ways, capital facilities planninq is the essence of qrowth manaqement, since only through effective use or the capital facility planninq process can qrowth manaqement delive~ on its promise of reducinq the costs of unplanned development. A qood capital facility plan requires matchinq the amount of facilities that can be financed with the amount of development that will be allowed." Bremerton is proud that its capital facilities element was listed in that same newsletter as one of the best in the State. No comments were received from the State agencies at the conclusion of their 60 day review period and the City is taking that to mean they are comfortable with the changes made. The capital facilities element is one of five Comprehensive Plan elements required by the Growth Management Act and the City's capital facilities element is separated into two parts in order to make it easy to upgrade on an annual basis. While the other elements of the Comprehensive Plan need only be updated once every five years or sooner if desired, the capital facilities element needs to be updated every year due to State law that cities and counties shall perform their activities and make capital budget decisions in conformity with their Comprehensive Plan. This means for the City to spend money on roads, sewers, water and other city facilities such actions need to be consistent with the City's Comprehensive Plan. In order do this and since there is an annual Budget update, we need to update the capital facilities element also. This plan provides a process, which is being utilized for the first time this year and found that it worked quite well for the first time and anticipate it working even better in future years. The process starts off with the land use element of the plan and whatever that says generates the need for more or less capital facilities in any part of the city. The capital facilities element must implement the land use element. Once those elements TAPE %1407 city Council Reg. Mtg. Minutes Septe~uber 11, 1996 Page 29 of 31 are adopted, each of the city departments that provide capital facilities goes through a planning exercise, which is not necessarily done once a year...sewer and water plans are adopted once every several years. The recommendations of those plans are summarized in the Capital facilities Program. The annual Budget must reflect the end results of the six-Year Plan process for the capital facilities element. Ms. Wilson pointed out there is one section of the capital facilities element that will change automatically, but is not included in the Agenda packet... CF-1 Capital Facility Level Of service Standards - Long Term (out of Part I), a summary of the level of services that are adopted in Part II. This table shows which ones will change as recommended. The Fire Department is recommending a change in the way they measure level of service for emergency medical to reflect a more accurate figure. Because they learned they need to measure response time differently than how it was determined a year ago, they need to up the level of service from 4 minutes to 5 minutes for "basic life support". The Parks' level of service changed as a function of arithmetic, which means what we are trying to do is within the six Year Plan make the numbers work. The Parks Department plans to add 13 acres to the Parks system over the next six years, which is not a change over 1995's figures. Ail of the Parks' level of service numbers change somewhat but is more a rearranging the categories of the parks. The capital facilities element is required to include an Inventory of Facilities and Ms Wilson used an example of the Parks inventory where three new parks were added that were not anticipated at the time the Comprehensive Plan was adopted...McKenzie Basketball Court, Puget Power Park and an unnamed park (Arvon). By adding those acreage into the number of neighborhood parks, the total figure has changed. An example of how the level of service shows up for each type of facility is the level of service for fire protection changing because the definition of level of service is being changed to reflect actual figures. Up until now, the City's level of service for Fire was 4.7 minutes response time. The Fire Department has now recommended that the measure be response time for both emergency and non-emergency calls because it is not practical to separate out the two kinds of calls. The City's current level of service measured in this way is 5.44 minutes response time. The Fire Department is recommending we not change the proposed level of service, but to try and bring that down to 5 minutes. The other factor that goes into determining what the needs are for facilities is the Population forecast and the graph provided shows that it is expected the population of Bremerton to continue to grow TAPE %1407 city Council Reg. Mtg. September 11, 1996 Page 30 of 31 Minutes at a gradual rates similar to the rate it is grown over the past 10-15 years. But, after some point in time that growth rate would increase dramatically as growth management kicks in. Until Kitsap County adopts policies that direct more growth into urban areas, we don't expect to see a change in the City's current level of growth. Level of service and population forecast are two parts of the formula that helps us to arrive at what our projected needs are for capital facilities. The plan requires that a map showing existing and proposed facilities be included. An example of how future needs are calculated using the population forecast and level of service, which in the case of parks is the number of acres per capita are we going to try to provide, is to compare that with the current acres available and that shows whether there is a surplus or deficiency of park acres. The Park Plan that was adopted in December 1995 indicates 13 more acres will be added to the City's park inventory over the next 5-6 years. Using this level of service, it shows that if we do add 20,000 people to the City by the year 2012, which is our current target, we will be deficient 286 acres of parks if we want to main this level of service. But, the city is only committed in the capital facilities element to address the first six years. The bottom line in the capital facilities element is the six year funding plan that shows we must list funding sources, the projects and how much money will be spent in each of the next six years starting with the current year and what that total will be. In this case the Parks Department is showing there is a surplus of expected funds of $427,000. These numbers are consistent with what is in the Capital Improvement Program. Finally, if 13 new park acres are added in the form of Evergreen Park Expansion (1/2 acre) and 12 1/2 acres of other acreage, this will satisfy our self- determined requirement. Regrettably, time ran out to update "Schools", "Stormwater,,, "Transportation" and "Water sections. The good news is that the State did not comment on those sections not being updated and it was staff's conclusion that the City started ahead of most of the cities and counties in the State and even though not everything was updated, we're still ahead of most other places. The second point is that because the City adopted its Capital Improvement Program, we have simply lifted the Budget Sheets and Budget Summary sheets out of that program and added them to the capital facilities element in the form of an addenda, which she believes will cover what is needed. Public comment - none. #3177 TAPE %1407 city Council Reg. Mtg. Minutes September 11, 1996 Page 31 of 31 Mr. Montqomer¥ complimented Kay Wilson and Ron Hough for a job well done. M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading, adopting 1996 amendments to the Bremerton Comprehensive Plan. Presiden____~t Law thanked the TV camera crew for their services: Stephanie James, Erin Daniels, Debbie Harris, Aaron Williams and David Saunders. With no further business meeting adjourned at 10:12 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: FOR AGENDA OF: October 9, 1996 ORIGINATING DEPT: Executive Appointment to the Disability ORIGINATOR: Action Committee DATE SUBMITTED: Mayor Horton October 3, 1996 2. C~EAP. ANCES: (comment on back 3. if necessary) EXHIBITS: Application for Appointment COONCIn PRESIDENT_C_ / z 4. S~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Disability Action Committee and it is recommended the vacancy be filled by Cheryl Kincer. RECOMMENDATION: Motion to confirm the appointment of Cheryl Kincer to the Disability Action Committee. 9. RESPONSIBLE OFFICIAL:Mayor Horton ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: kMENDED 11. AGENDA BILL NO: ~ ~2~ 2. ¢I~ARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: 7. R~SEARCH SOURCES: APPLICATION FOR CITY BOARDS/COMMISSIONs/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or ~r!n, clearly)', DATE: PROFESS,ONAUCOMMU ,TY ACT,V,T,ES:' LOCAL REFERENCES (name & phone number): ~/ () () () () () () I AM/INTERESTED IN SERVING ON (please check one or more): Disability Action Committee Civil Service Commission (18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Developm__~ent Block Grant Safe Streets Steering Committee Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an application for reappointment?_ ,~/.~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: DESIGN OF CORROSION CONTROL FACILITY PROFESSIONAL SERVICES AGREEMENT (Comment on back if necessary) Director & Utilities Council/al &p~dg_~/~ommi ttee Counc{~ Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 3. EXHIBITS: 1. Professional October 9, 1996 Public Works & I fils September 25, 1996 Services Agreemenu ENDORSEMENT MAYOR 4. S~RY STATEMENT A_ND Qualifications of eight INFORMATION [] APPROVED BY COITNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDE~? .... c/i~'~ ~ REOUIREMENT FOR COUNCIL 'ACTION: consultants from the City's consultant roster were reviewed and evaluated for the design of a corrosion control facility for the City water system. Montgomery Watson was identified as having a demonstrated ability in planning and design of facilities to meet the lead and copper rule to solve corrosion control concerns for water systems. In addition, Montgomery Watson was a subconsultant to EES on Bremerton's Corrosion Control Study and is (Continued on Page 2) 5. RECOM~ENDATION: The City Council approve a professional services agreement for design of corrosion control facility with Montgomery Watson in the amount of $285,237 and authorize the Mayor to execute the same. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Put} Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMEAIDED [] COUNCIL DIRECTIVE: (OVER) ~.~ 11. AGENDA BILL NO.: 2 . ~LEAP~NCE COMI~ENTS: 3, $I/MI~ARy STATEMENT A/FD REOUIREMENT FOR COU/~CIL ACTION - Continuation familiar with issues related to the water system. The scope of work includes predesign evaluations, design, and construction services for a corrosion control facility. The consultant's fees for this work are $285,237. The action before the City Council is approval of an agreement for professional services with Montgomery Watson. 5. IMPACT ON NON-PASSAGE: Design and construction of a corrosion control facility will be delayed, and construction of the facility would not be completed until after the January 1, 1998 deadline from the Washington State Department of Health. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT ~ OTHER RESOURCES: Staffing: No Impact. Budget: This project is included in the 1996 budget and sufficient funds exist to do this work. An expenditure from the Water Utility Capital Fund of $285,237 is necessary. Facilities/Equipmeet~ No impact. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Corrosion Control Facility THIS AGREEMENT is between the city of Bremerton, corporation (hereinafter referred to as "City") and Watson (hereinafter referred to as "Consultant"). a municipal Montgomery W I T N E S S E T H: 1. SCOPE: Consultant agrees to provide engineering services for the pre-design, design and construction of a Corrosion Control Facility, as further described in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibits 2. TERM: Contract shall commence agreement and will terminate on December extended by the City. on the date of this 1997, unless otherwise 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Two Hundred Eighty-Five Thousand Two Hundred Thirty-Seven Dollars ($285,237). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "C". Consultant shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed" amount set forth above; however, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Director of Public Works and Utilities. PROFESSIONAL SERVICES AGREEMENT --1-- M-~ATSON.PSA- Disk ] - 9/9/96 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this agreement or the negligence of consultant, agents, successors or assigns. This provision shall be inapplicable to the extent such damage or injury is judicial found to be caused by the sole negligence of the City. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been PROFESSIONAL SERVICES AGREEMENT -2- M-WATSON.PSA- Disk 1 - 9/9/96 fully set forth in the text of this Agreement. hereto and incorporated by reference as part Exhibits "A", "B" & "C'~. There are attached of this Agreement c. Amendments - The parties Agreement cannot be amended or concurrence of both parties. hereby further agree that this modified without the written d. Notices - Any notices required to Consultant or by Consultant to the City delivered to the parties at the following be given by the City to shall be in writing and addresses: city Clerk 239 Fourth St. Bremerton, WA 98337 Montgomery Watson 2375 - 130th Avenue NE Bellevue, WA 98005-1758 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws -Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. i. Construction Estimates Estimates of cost for the facilities considered and designed under this agreement are prepared by Consultant through exercise of its experience and judgement in applying presently available cost data, but it is recognized that Consultant has no control over costs of labor and materials, or over the construction contractor's methods of determining prices, or over competitive bidding procedures, market conditions, and unknown field conditions so that Consultant cannot and does not guarantee that proposals, bids, or the project construction costs will not vary from Consultant's cost estimates. j. Injury to Workers - It is understood and agreed that Consultant's fee is based on Consultant being named as an Additional Insured on construction contractor's insurance policy for Comprehensive General Liability and Builders All Risk Liability, and City agrees to insert into all contracts for PROFESSIONAL SERVICES AGREEMENT -3- M-WATSON.PSA Disk 1 - 9/9/9b construction between City and construction contractor(s) arising out of this design a provision requiring the construction contractor(s) to defend, indemnify, and hold harmless both City and ...... ~ from any and all actions arising out of the construction project, including but not limited to, injury to or death of any worker on the job site, not caused by the sole negligence of City or Consultant. k. Site Visits - Visits to the construction site and observations made by consultant as part of services during construction under this agreement shall not make Consultant responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make Consultant responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s), and for all safety precautions incidental thereto. Such visits by Consultant are not to be construed as part of the monitoring duties of the on-site monitoring personnel defined below. 1. On-Site Monitoring When Consultant provides on-site monitoring personnel as part of services during construction under this agreement, the on-site monitoring personnel will make reasonable efforts to guard City against defects and deficiencies in the work of the contractorls), and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day monitoring will not, however, cause Consultant to be responsible for those duties and responsibilities which belong to the construction contractor/s), including but not limited to , full responsibility for the means, methods, techniques, sequences, and progress of construction, and the safety precautions incidental thereto, and for performing the construction work in accordance with the Contract Documents. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be termimated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of PROFESSIONAL SERVICES AGREEMENT -4- termination. IN WITNESS WHEREOF the parties hereto have Agreement the date and year indicated. MONTGOMERY WATSON Date: {~ ~ ¢~"C~.kr)~ ~c~,~ BY: ~~,,~~ CITY OF BREMERTON executed this Date: BY: DEPARTMENTAL APPROVAL: LYNN HORTON, Mayor W. Eugene Sampley, Director of Public Works APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney RECEIVED FOR FiLiNG: and Utilities PROFESSIONAL SERVICES AGREEMENT -5- M-WATSON.PSA - Disk 1 - 9/9/9[ /? EXHIBIT A City of Bremerton, WA Scope of Work Corrosion Control Treatment Facility Design This document describes the Scope of Work (SOW) for completion of the Corrosion Control Treatment Facility Design to be completed by Montgomery Watson Americas Inc. (MW), with assistance from Economic and Engineering Services (EES). The SOW consists of three phases covering eight major elements. Phase I - Preliminary Design and Permitting Assistance I.A Preliminary Design I.B Permitting Assistance Phase II - Facility Desi,~n II.A Preparation of Contract Documents II.B Quality Assurance/Quality Control II.C Bid Phase Support Services Phase III - Services During Construction III.A Office Services During Construction III.B Field Services During Construction III.C Operation and Maintenance Manuals, Startup Assistance and Training Exhibit A presents the detailed Scope of Work for Phases I, II, and IIi. Exhibit A(8/~0/96) PHASE 1 - PRELIMINARY I)ES1GN ~-Q~ D PERMITTING ASSISTANCE ELEMENT 1.A PRELIMINARY DESIGN The primary objectives of this element are to resolve process and site design issues and prepare an implementation plan for the Facility Design and Construction (Phases II and lid This element consists of ten separate tasks as described below. Most tasks in Element I.A will be documented in a Technical Memorandum (TM) which will bc submitted to the City for review and comment. All of the TMs will then be revised and compiled in the Predesign Report (Task I.A.10) along with pertinent information from Element I.B (permitting issues). I.A.1 Project Management, Meetings and Status Reports This task includes project management efforts that will establish procedures for ensuring that all important decisions made during this phase are closely coordinated with the City. a. Kickoff Meeting. Key project team members will meet with City personnel in a project kickoff meeting to discuss current water supply facilities operations, staffing and objectives the design of the proposed facility, and future operation and maintenance issues. Tt~e project team will also tour the proposed project site at Reservoir No. 4. b. Project Status Reports and Meetings. MW will prepare monthly project status reports including updates on project schedule, budget and important technical information. Monthly project reports will include: Work performed during the past month Percent completion of the project as a whole, and for each major task and subtask Project status, including schedule and remedial actions, if required Work schedule for the upcoming month Activities of subcontractors For budgeting purposes, three monthly reports have been assumed. Exhibit A(8/30/96) Additionally, the Project Manager or Technical Director will be available for other meetings alld presentations as requested by the City besides those meetings to be held as part of other Phase I tasks described below. For budgeting purposes, 12 total hours et' time have been assumed. I.A.2 Site Survey and Geotechnical Investigations It is assumed that the City's survey crew will conduct all field work and other activities necessary to complete the surveying efforts. A detailed site survey needs to be conducted el' tile Reservoir No. 4 site prior to MW's preparation of preliminary site layouts, hnportant topographic features including 2-foot contour intervals, wooded areas (approximate limits), buildings, fences, water, vegetation, pavement, ditches and walls will be identified and defined. Property lines, easements and rights el' way will be identified. The survey will inctudc the land determined to be necessary for a potential future water treatment plant as described in Task I.A5 below. For budgeting purposes, 8 total hours of time have been assumed by MW for survey coordination and review of survey information. Limited on-site geotechnical investigations will be conducted to determine the suitability and preliminary design criteria l'or the Reservoir No. 4 site. This work will include excavation of one test pit to a maximum depth of 10 feet (or practical rcft~sal). Soils samples will be taken l'or visual observations only. Deliverables MW Two draft copies and 5 final copies of the Geotechnical Report. The finul report will be included as an appendix in the Predesign Report (Task I.A.10). Coordination of City survey efforts and review of City-provided survey docnments. City Provide any previous geotechnical reports or other information pertaining to the construction of Reservoir No.4. Provide site access to the geotechnical consultant. Review draft Geotechnica/Report within 15 working clays after submittal. Prnvide amy existing pertinent drawings and survey information of the Reservoir No. 4 site. Provide electronic survey files for use in the preparation of site plans during Phase I and ['basc II. File format to be AutoCAD.DXF. A formal, stamped survey drawing of the project site will also be prepared and an AutoCAD.DXF formatted file will be provided. I.A.3 Site Visits of Operational Corrosion Control Facilities It is recommended that key City staff visit a l~zw operational corrosion control facilities using different types of chemicals to familiarize themselves with many of the key issues reg:uding selection of cheuficals for Bremcrton's facility. These site visits should occur pr~or to the workshop identified in Task I.A.5. MW will assist tile City in identifying appropriate facilities and will attend some or all of these site visits as requested by the City. For budgeting IOUrpOSeS, MW has assumed 16 hours of project manager's and project engineer's time to participate. I.A.4 Analysis of Alternative Chemicals for Corrosion Control and Possible Future Fluoridation The City's Lead and Copper Rule Corrosion Control Optimization Study (June 1995) presented a preliminary analysis of alternative chemicals, including caustic soda and soda ash, which could be used for pH adjustment at the Reservoir No. 4 site. This task will summarize those effo~ts and provide updated costs and other information based on curreut conditions to help determine tile most-appropriate chemical for the City's use. Included in the summary will be uon-cost issues such as advantages and disadvantages of each chemical, ease of operability, operator sat'cry, reliability and compatibility with potential future treatment requirements such as fluoridation, ozonation and/or filtration. Existing water quality data and current and future flow data will be reviewed to aid in the development (by computer programs, not by laboratory testi~g) of average, maximum and minimum chemical doses and feed rates. It is assumed that tine design capacity of the con-osion control facility is 20 mgd. In addition to the analysis of alternative corrosion control chemicals, this task will aisc) include an analysis of alternative fluoridation chemicals (hydrofluorosilicic acid, sodium fl~oride. sodium silicofluoride), including costs and other non-cost issues mentioned above, should the City eventually decide to fluoridate its water supply. If fluoridation does take place iu the it is likely that fluoride would be added to thc water supply at the same place corrosi~>n chemical(s) are added. Hence, both chemical storage and feed systems would likely be contained within the same building. Based on this analysis, MW will request that the City make a preliminary decision as to which Fluoride chemical is preferable and then proceed with facility layout alternatives, as described in other tasks, based on that chemical. Should the City eventually decide to fluoridate its water supply, lluoride would have to be added at numerous wells in addition to the main supply at tlnc corrosion control facility. In addition to 4 /3 Exhibit A(8/30/96) the analysis of alternative fluoride chemicals and costs at the corrosion control facility, MW will also prepare a brief analysis of alternative fluoride chemicals, feeding methods and costs at each well site. It is possible that different chemical forms of fluoride and feeding methods cnuld be used at the corrosion control facility compared to the wells. Deliverables MW 5 copies of a draft 'PM analyzing the costs and other issues for determination of the most-appropriate pH adjustment chelnical, and possible future fluoride chemical(s), for the City's purposes. This TM will ultimately serve as a chapter, partial chapter or Appendix for inclusion in the Predesign Report as described in Task I.A.10. Any City comments would be incorporated into thc Predesign Report rather than re-issue a final TM. City Written comments within 10 working days of draft TM submittal. Preliminary decision as to which fluoride chemical is appropriate for facility layout efforts. I.A.5 Preliminary Site Evaluation and Layout The Reservoir No. 4 site has been preliminarily identified as the preferred location for a corrosion control treatment facility, with chemical addition presumably upstream of thc reservoir. The proposed location of thc corrosion control facility ruust be cumpatiblc with current and future uses aud restrictions at the site including a potential water filtration plato. Therefore, it will be necessary to develop a preliminary layout and location of the future water filtration plant to ensure that the corrosion control treatment facility does not obstruct the available land and that it also fits in with the overall treatment process. Aisc), part nf the reservoir site is within the inundation area from a dam break and it wiI] be imperator to address this issue by making recommendations regarding the location of non-critical facilities within the inundation area or regrading to protect the new construction. In addition, a land development company has offered the City a proposal to trade part of the Reservoir No. 4 land for other adjacent land and this issue must be evaluated as part of the site evaluation. Additionally, this evaluation will consider that the residence located within the reservoir site is owned by the Cily, and this area could be used for construction of improvements. It is assumed that two alternative fihration plant layouts will be prepared for an ultimate treatment capacity of 20 mgd including 1) a direct filtration plant including ozonation, flocculation, filtration and solids handling processes and 2) a membrane filtration plant including 5 /& Exhibit A(8/30/%) permeate and reject water processes. The layouts will be purely conceptual at this stage based on standard design criteria and parameters and MW's knowledge of similar-sized facilities. Deliverables MW 5 copies of a draft TM, including two preliminary facility layouts for it potential future 20 mgd water treatment plant, describing the recommended siting of the proposed corrosion control treatment facility and including an analysis of ttm proposed land-swap by thc land development company. This TM will ultimately serve as a chapter, partial chapter or Appendix for inclusion in the Predesign Report as described in Task 1.A.10. Any City comments will be incorporated into the Predesign Report rather than re-issue a final TM. City Provide available information relating to inundation issues. Provide available information relating to the land development company's land-swap proposal. Written comments within I0 working days of draft TM submittal. I.A.6 Preliminary Design Workshop Conduct a 6 hour workshop at the City involving MW team, City and DOH personnel to review goals and objectives, preliminary issues, water quality data and regulation impacts, ct~cmical selection, facilities design criteria, facility layouts including options to provide fluoride storage and feed facilities in addition to corrosion control chemicals, arcl:itectura] features, O&M issues, safety, control concepts, etc. Minutes of the workshop will be issued documenting ali ma~or decisions, which will then form the basis for alternative screening and selection of the best chemical and process. Consultant team attendees at the workshop will include the project manager, technical director and project engineer. Deliverables MW Preparation of briefing documents (preliminary design criteria, chemical feed alternatives, alternative site and facility layouts, architectnral concepts, potential support facilities) to each workshop attendee. Conduct workshop in Brcmerton. Prepare and distribute minutes of the Workshop. City Arrangements and costs, if any, for the participation m the workshop. Provision of the workshop meeting space. Written comments within 5 working clays of ail draft briefing documents and meeting minutes. 6 / '~ Exhibit A(8/30/96/ I.A.7 Preliminary Facility Layout, Design Criteria, Utility Requirements and P&IDs All preliminary design information will be documented for inclusion in the Predesign Report (Task I.A./0). Design criteria will be finalized, preliminary process and instrumet~tation diagrams (P&IDs) will be prepared, site, facility and piping layouts will be prepared and utility information will be developed inclnding utility water, electrical, telemetry, storm drainage and sanitary. An architectural sketch of tbe proposed building will be developed. Thc level ol' completion of the preliminary design will be approximately 10% of tile overall project design effort. As part of this effort, the City will have to decide on the preferred concept for adding fluoride chemical storage and feed systems at the corrosion control facility. Options include providing the fluoride systems now as part of the corrosion control facility, making the building larger tu allow for future addition of fluoride systems, or provide for future expansion of the corrosion control building to incorporate fluoride systems at a later date. No decision has to be made by the City about preferred fluoride feed facilities at the wells since those facilities are not part of this project. 1.A.8 Preliminary Cost Estimates, Staffing Requirements and Implementation Schedule Based on the information developed in previous tasks, provide an estimate of probable construction costs for the City-selected facility to be constructed, estimate the anticipated City staffing requirements for the proposed corrosion control treatment facility, estimate the annual O&M costs and prepare an updated project implementation schedule. The cost analysis will als() address incremental costs associated with providing fluoride storage and feed systems as well as corrosion control facilities. This effort will not be conducted for thc possible l"luoride facilities :tt the well sites. An anticipated list of design drawings, an outline of construction specifications and a fee estimate to conduct the proposed facility design will be developed. Alt of this information will be included in the Predesign Report (Task I.A. 10). I.A.9 Treatment Startup and Monitoring Plan A possible approach for treatment startup and monitoring consists of stepping-up the pH in increments over a period of time. MW will prepare a detailed treatment implementatioa approach to assist the City in understanding how the facility will be operated. Once the startup 7 / K~) Exhibit A(8/30/%) strategy has been finalized, a detailed water quality monitoring and implementation plan will be developed. This will include where samples are collected, and contingency plans l'or operational and secondary impact problems. Concurrent with these elements, a startup plan must also include a coordinated public information plan. As part of this task, MW will assist the City in the development and implementation of a coordinated public information plan. MW will provide these services at the City's request. It is anticipated that these services will include review of press releases and brochures prior to publication, and attendance at one or two public meetings. For budgeting purposes, 20 hours of labor have been provided for this task. Deliverables MW 5 copies of the draft Technical Memorandu~n covering the treatment implementation approach and monitoring plan will be delivered to the City for review and comment. This TM will ultimately serve as a chapter for inclusion in the Predesign Report as described in Task 1.A. 10. Any City comments would be incorporated into the Predesign Report rather than re-issue a final TM. Assistance to the City with development and implementation of a coordinated public information plan. City Written comments within 10 working days of draft TM submittal. Develop and implement a coordinated public information plan. I.A.10 Preliminary Design Report A Preliminary Design Report will be prepared which documents the findings and conclusions o[' Element I.A as well as incorporates the Technical Memoranda from Element I.A and I.B. This report will conform to WAC 246-290-110 documenting the results of the engineering predesign study. It will address all relevant regulatory and engineering elements including site constraints, utility needs, treatment chemical(s), treatment equipment, instrumentation and control, electrical, redundancy of components, costs, required building structural and architectural features, security and permitting issues. Draft copies of the report will be submitted to the City and to DOH foi' the purposes of approving the concept design. MW will meet with the City and/or DOH one time to review comments on the draft report. 8 / ~" Exhibit A(8/30/96) Deliverables MW 5 copies of the draft report will be submitted for City review. One copy of the dral:t report will be submitted to DOH. 10 copies of the final report will be submitted after receiving City and DOH comments. City Written comments from draft Predesign Report within 15 working days after submittah ELEMENT I.B PERMITTING ASSISTANCE The primary objective of this element is to assist the City in obtaining all required permits and Agency reviews which are necessary to get the project approved for design and construction. MW will provide supporting documentation and technical information to the City. It is assumed that the City will submit any applications, pay any and all associated fees and secure all required permits. Probable permits/reviews include: Kitsap County/City land use approval Building permit/plan check approval DOH approval of predesign and design documents MW will first identify ali required permits and Agency reviews. Then, at the City's request, MW will provide required documentation and technical information to supplement the City's permit/review application(s) to the appropriate agencies. For budgeting purposes, 48 hours of labor have been provided for this task for technical information and documentation. Deliverables MW Identify required permits, provide technical information and documentation in support of the City's permit applications. City Prepare the actual permit applications and make appropriate payments l'or permit application(s). Notil'y MW when assistance is required. 9 ~) Exhibit A(8/30/96) PHASE II - FACILITY DESIGN The three elements of Phase II include Preparation of Contract Documents, QA/QC and Bid Phase Support Services. The SOW for Phase II will be reviewed after completion of Phase I to verify that the basic assumptions are still applicable. Work will not proceed on Phase II until written authorization is received from the City. The design will consist of preparation of contract documents for the Corrosion Control Treatment Facility at the Reservoir No. 4 site hased on the City-approved facility and design concepts developed during Phase I - Preliminary Design. Major assumptions for the facility design scope of work and budgeted costs include: Liquid sodium hydroxide (delivered as a 25% by weight solution) will be used to elevate the pH to a maximum of 8.5. The facility will be designed to treat a maximum flow of 20 mgd. The facility will consist of a completely-enclosed concrete masonry unit (CMU) building with a metal roof which will contain two sodium hydroxide storage tanks, two sodium hydroxide metering pumps and various support facilities including electrical, instrumentation and controls, heating and ventilation, plumbing and drainage. The building will contain four separate rooms including 1) chemical storage and metering, 2) electrical and instrumentation. 3) a small garage for utility truck parking and 4) a small unisex restroom with one toilet and one sink. it is assumed that a chemical injection vault (without HVAC) will be required to provide access to the main pipeline. It is assumed that a pH sampling vault (without HVAC) will be required downstream of tine chemical injection point and that a low-flow sample stream will be pumped back to the main building for continuous pH measurement. It is assumed that there is utility water available at or near the site at a minimum pressure of 40 psi with enough capacity for the toilet, sink and NaOH carrier water to be used for the building's water supply. It is assumed that an internal fire sprinkler system will not be required for the new building. The building will be designed to provide for a sodium hydroxide storage and feed system only. Any possible future fluoride facilities would be provided by future expansion of the corrosion control building. It is assumed that there is an electrical service within 500 feet of the new facility which will serve as the primary electrical feed. 10 ~ / Exhibit A(8/30/96) The facility will be provided with minor landscaping in an attempt to screen the new building. The City will be responsible for providing any telemetry service to/from the facility to interface with the facility's control system. The basis of the scope of work and budget for most of Phase II is the list of drawings ~vhich ~vill be prepared to receive competitive bids by a third party (Contractor). Based on the concepts listed above, a preliminary list of drawings is attached as Exhibit B for determining the sco?e and estimated budget. A total of 42 drawings are estimated. The design services will consist of preparation of drawings and specifications for civil site work and piping, mechanical, architectural, structural and seismic, electrical, and instrumentation & control disciplines. The construction contract documents will utilize MW's standard 'fi-ont-end" general specifications and conditions as well as supplementary general conditions and technical specifications. Technical specifications will be prepared in CSI Format. Supplementary information may also be included (such Conditional Use Permit and Geotechnical Report). A single set of reproducible Contract Documents including all specifications will be provided to the City along with an electronic file on diskettes in Word format. The Phase II - Facility Design services will consist of the following tasks and elements: II.A Preparation of Contract Documents II.A.1 II.A.2 II.A.3 II.A.4 II.A.5 II.A.6 II.A.7 II.A.8 iI.A.9 II.A. 10 Process/Mechanical/Hydraulic Design Civil Design including Site Plans, Yard Piping and Minor Landscaping Architectural Design Structural Design Electrical Design Instrumentation Design General Provisions and Technical Specifications Engineer's Construction Cost Estimate Updated Project Schedule Additional Engineering Services as Requested II.B Quality Assurance/Quality Control II.B. 1 30% Overall Check/Review Workshop II.B.2 90% Comprehensive Check/Review Workshop II.B.3 Final Inter-Discipline Check II.C Bid Phase Support Services II.C. 1 Respond to Bidder's Questions II.C.2 Prepare Addenda I I )~ '2~ Exhibit A(8/30/96) II.C.3 Prebid Conference II.C.4 Bid Opening/Review The design-related tasks (II.A and II.B) will be conducted in three stages (30% design, 90% design and 100% design) to develop the project prior to bidding. Task II.C (the fourth stage) will be conducted after completiou oi' 100% design, but prior to the start of actual construction. Phase III of this project (Services during Construction) will commence following completion of Task II.C. Each of the four stages are described below including anticipated deliverables and work efforts. Additional Engineering Services (Task II.A.IO) Additional engineering services will include specific tasks requested by the Department during the course of the project. No work can be completed on these tasks without prior written authorization by the City. Scope of services and budget for each individual task requested will be defined at the time of written authorization. Additional engineering services may include, but are not limited to, fluoridation facility design, design of sanitary sewer system and/or utility water pipeline(s) and connection(s) if there are no available connection(s) within 500 feet of the new facility, telemetry/SCADA system design from the ne,,,,' facility to the City's main sh,~)p, and design of electrical system improvements if the primary electrical service is greater than 500 feet from the new facility. Stage 1 - 30% Design The first stage of Phase [I will culminate in a 30% design submittal consisting of: Preliminary process and instrumentation diagrams (P&IDs), Workdn-progress drawings for civil, architectural, mechanical, structm'al and electrical disciplines, and Proposed outline of contract documents including specifications. The City and MW will meet in a Workshop no sooner than 7 days after the submittal to discuss any review comments as well as to discuss the overall project and schedule. During the review period, all work efforts will stop until review comments are received from the City. During the 30% design period, MW will continue to assist the City during its permit application process with KAtsap County as described in Element I.B. 12 .~ ~ Exhibit 1(8/30/96) Deliverables MW Submit 5 copies of the 30% design submittal (1/2 size drawings - l lx17) to the City including those items listed above. Complete internal review check of 30% design submittal prior to the Workshop. Cio, Review the 30% submittal and provide written comments to MW within 10 working days after receipt. A Workshop meeting will also be held between MW and the City to receive and review CO nq_i*llei1 ts. Stage 2 - 90% Design The second stage of Phase II will culminate in a 90% design submittal consisting of: Preliminary set of contract documents including "front end" general and supplementary conditions, technical specifications and drawings, and Updated project schedule from advertisement of bids through construction completion. The City and MW will meet in a Workshop no sooner than 7 days after the submittal to discuss any review comments as well as to discuss the overall project and schedule. During the review period, all work efforts will stop until review comments are received fi-om the City. I)uring the 90% design period, MW will continue to assist the City during its permit application process with Kitsap County as described in Element I.B. After the 90% submittal is made to thc City, MW will prepare a detailed engineeffs constriction cost estimate which will be delivered to the City at the design review Workshop. Deliverables MW Submit 5 copies of the 90% design submittal (1/2 size - llx17 drawings plus 8-1/2 inch specifications) to the City. Submit updated project schedule through completion of construction. Submit one copy of tile 90% engineer's construction cost estimate at the Workshop. Complete internal review check of 90% submittal prior to the Workshop. 13 ~,__~ ~ Exhibit A(8/30/96) CiO' Review the submittal and provide written comments to MW within 10 working days after receipt. A Workshop meeting will also be held between MW and the City to receive and review comments. Stage 3 - 100% Design The third stage of Phase II will culminate in a 100% design submittal consisting of: Final contract documents including "front-end" contract documents, technical specifications and drawings based upon City (and other review agencies' comments if available) from the 90% design submittal, One copy of final engineeriog calculations, manufacturers' data and related work products compiled and indexed in a 3-ring binder for City records, Final engineer's construction cost estimate (if it is anticipated to be significantly different than the 90% estimate), and Prepare advertisement of the project for construction bids. MW will provide the City with a single final full-size reproduc b e copy of the Draxvings on City title block, as well as an electronic copy of the design Drawings on diskettes in AutoCAD format. MW will also provide the City with a single reproducible copy of the other contract documents in 8-1/2 x 11 format. Deliverables MW Submit l set of reproducible contract documents (all contract documents and full size drawings). Originals of contract documents will also be submitted in electronic format (specifications in Word 6.0 and drawings in AutoCAD format. Submit one copy of final engineering calculations, manufacturers' data and related work products compiled and indexed in a 3-ring bindcr for City records. Submit updated engineer's construction cost estimate, if a new estimate is prepared. Complete intemaI review check of 100% submittal prior delivery to the City. 14 d::~ '--~ Exhibit A(8/30/96) CiO, The City will be responsible for printing of the contract documents for bidding purposes, advertising the project for construction bids, and for distributing the bid documents. The City will provide MW with ]0 copies of the final printed contract documents including drawings and specifications. Stage 4 - Support Services during Bidding if the project is advertised for bidding, MW will provide the appropriate services during bidding as requested by the City as described below. [t is assumed that the City will be the main point of contact during the bid phase. Respond to Bidder's Questions: Provide assistance to the City in answering questions from prospective bidders concerning the intent or requirements of the construction contract, Prepare Addenda: Prepare technical addenda items including clarification specifications and drawings as required (addenda distribution will be by the City), Prebid Conference: Attend a Prebid Conference with the City. Prepare pre-bid conference minutes (minutes distribution will be by the City), and Bid Opening/Review: Attend the bid opening with the City, if requested, and provide assistance to the City in the review of bids. Prepare bid tabulations and provide the City with a recommendation for contract award. 15 Exhibit A(8/30/96) PHASE III - SERVICES DURING CONSTRUCTION The three elements of Phase 1I[ include Office Services during Construction, Field Services during Construction and O&M Manuals, Startup Assistance and Training. The SOW for Phase III will be reviewed after completion of Phase II to verify that the basic assumptions are still applicable. Work will not proceed on Phase III until written authorization is received from the City. III.A Office Services During Construction III.A. 1 HI.A.2 III.A.3 lI1.A.4 III.A.5 III.A.6 III.A.7 III.A.8 Preconstruction Conference Submittal Review including Contl'actor% Lump Sum Price Breakdown and Schedule Clarification of Contract Documents Change Orders Progress Payment Requests Monthly Site Visits Assist in Final Inspection Record Drawings III.B Field Services During Construction IlI.A.1 Periodic Field Observation and Monitoring III.C Operations and Maintenance Manuals, Startup Assistance and Training III.C. 1 III.C.2 I[I.C.3 Prepare O&M Manuals Provide Startup Assistance Develop and hnplement Operator Training Program ELEMENT III.A - OFFICE SUPPORT SERVICES DURING CONSTRUCTION The Scope of Work for this element was prepared with the understanding that the City will serve as the Construction Manager and that MW will provide services as reqnested in support of the Construction Manager. As Construction Manager, the City will have the direct line of communcation with the selected contractor and with any agencies involved during construction. III.AA Preconstruction Conference Conduct a pre-conference telephone meeting with the City to review and establish agenda for the Preconstruction Conference. City to send Preconstmction Conference agenda to all attendces (City, MW, contractor, major subcontractors and other agencies affected directly by the construction) prior to conference. 16 d.~ 7/2 Exhibit A(8/30/96) Attend one Preconstruction Conference, prepare Conference notes and issue notes to City. II1.A.2 Submittals Review the contractor's breakdown of lump sum price for progress payment purposes and assist the City with negotiations as requested. Review the Contractor's initial schedule for reasonableness. Provide a summary of MW's schedule analysis to the City. As requested by the City, review shop drawings of fabricated and manufactured equipment, and equipment technical manuals submitted by the contractor for substantial conformity with the intent of the contract drawings and specifications. As requested by the City, evaluate substitution(s) and "or equal(s)" proposed by the contractor during construction. III.A.3 Clarification of Contract Documents As requested by the City, respond to contractor's Requests for Clarification (RFCs), and as applicable, without waiting for contractor's RFCs, interpret the drawings and specifications, including the preparation of elementary sketches, if required, to clarify the design details or to make minor revisions. The City will issue Advisory Notices to the contractor as applicable. Provide the City with copies of all written interpretations and sketches as requested. III.A.4 Change Orders As requested by the City, prepare change order justification documents, evaluate schedule impacts, and assist thc City in negotiating change orders with the contractor: make recommendations to thc City concerning change orders. It is assumed that the City will prepare all formal change order documents and maintain a change order documentation system. 17 Exhibit A(8/30/96) III.A.5 Progress Payment Requests At the City's request, review the contractor's progress payment requests, suggest any changes if required and make a recommendation for payment by the City. III.A.6 Monthly Site Visits MW's project engineer will visit the construction site once per month for the following purposes: - Attend a regularly scheduled weekly construction progress meeting - Review the progress of the work and identify and address any field problems if they are observed. - While at the site, answer any questions, assist in the resolution of unusual difficulties, and discuss work progress llI.A.7 Assist in Final Inspection Conduct final walk-through inspection iu company with the Construction Manager, the City's Resident Inspector, other City staff and contractor to ascertain compliance by the contractor with requiremeuts of tile drawings and specifications. Provide punch-lists for construction completion. MW staff involved will include project engineer, project electrical/l&C engineer and field inspector. Make recommendations to tile City concerning operational acceptance, substantial completion aud final acceptance of the work. If requested by the City, establish the beginning of the warranty period for partial or full project utilization and issue a written notification to the contractor, bonding company and Commission advising all parties of the beginning and ending dates of warranties. III.A.8 Record Drawings Upon Substantial Completion of construction, Montgomery Watson shall receive from the Construction Manager a set of compiled, marked-up design drawings conforming to the construction records of the contractor and prepare "As-Built" record drawings. t8 '~ 7 Exhibit A(8/30/96) Record drawings will be provided to the City in AutoCad drawing disk format with vellum hard copies. ELEMENT III.B - FIELD SUPPORT SERVICES DURING CONSTRUCTION The Scope of Work for this element was prepared with the understanding that the City will serve as the Construction Manager and that the City will also provide a full-time Resident [uspector. MW will provide services as requested in support of the Construction Manager and Resident Inspector. III.B.1 Part-Time Field Observation and Monitoring MW will provide part-time inspection services (an average .of 20 hours per month) to supplement and coordinate with the City's full-time Resident Inspector. MW's part-time inspector will attend approximately two weekly construction progress meetings per month. It is assumed that the City will be responsible for all subconsultant services which are necessary during construction including geotechnica] monitoring, soils testing, concrete testing, other special inspections and construction staking, as necessary. ELEMENT Ill. C - O& M MANUALS, STARTUP ASSISTANCE AND TRAINING As construction proceeds, MW will provide services to assist thc City in understanding the operating goals and procedures for the Corrosion Control Facility as described herein. III.C.1 Prepare O&M Manuals MW will prepare draft and final versions of an O&M Manual which describes and explains major components and functions o1' the Corrosion Control Facility. This O&M Manual will he used in conjunction with the equipment Technical Manuals to be provided by the Contractor. The intent of the manual is to serve as a training and startup tool for City operating staff, it is assumed that this manual will be no longer than 20 pages in length including figures and tables. 19 Exhibit A(8/30/96) A draft outline will first be prepared for City review and comment to ensure thai the final product will meet with the City's desires and needs. 5 copies of the draft O&M Manual and .5 copies of the final O&M Manual will be provided. Ili. C.2 Develop Startup/Testing Plan and Provide Startup Assistance MW will assist the City to develop an implementation plan for the Corrosion Control Facility which describes the goals and procedures during the initial startup and testing of the facility. This plan will relate to the startup of on-site chemical storage and feed facilities and will be integrated with the proposed treatment plan described in Task I.A.9. The startup and testing plan will be developed in conjunction with the Contractor who has certain responsibilities in this area also. MW will also provide startup assistance services by the field inspector described in Task III.B.I above to help the City implement the startup plan. III.C.3 Develop and Implement Operator Training Program MW will plan for and implement a formal operator training program. MW will provide training to the City operating staff. This training will include: · project background and understanding, · the basics of corrosion control, · basic chemistry issues related to pH adjustment and corrosion control, and chlorine residual impacts, · analytical requirements including in line pH meter use and calibration (formal training to be provided by instrument suppler), · introduction to the use and handling of sodium hydroxide, and · introduction to some of the key specific issues related to pH adjustment at the Reservoir No. 4 site. Prior to starting the training sessions, MW will prepare an outline of the proposed training program for City review and comment. Certain training materials will also be prepared as handouts for the participants. 20 ~ / Exhibit A(8/30/96) It is assumed that the full-scale facility training will be accomplished in two sepm'ate sessions of 4 hours each. The draft O&M Manual prepared during Task iII.C.1 will be used as one of thc training tools. Phase III Assumptions · Assumed construction duration = 6 months · Assumed 70 hours for submittal/resubmittal review at 3.5 hours each (20 submittals total). · Assumed 24 hours for RFC/RFI review and response. · Assumed 20 total hours for change orders. · Assumed 16 hours for final inspections by design engineers. · Assumed 28 hours for record drawing preparation. 21 ._~Q Exhibit Al8/30/96) EXHIBIT B BREMERTON CORROSION CONTROL FACILITY PRELIMINARY LIST OF DRAWINGS (8/96) GENERAL G-1 G-2 G-3 Cover Sheet Location Map, Vicinity Map, Design Criteria & List of Drawings Standard Symbols and Abbreviations CIVIL C-1 C-2 C-3 C-4 Civil Details Site Grading and Paving; Roadway and Yard Piping Plan Site Drainage Plan and Details; Landscaping Vault Details ARCHITECTURAL A- 1 Architectural Elevations A-2 Architectural Sections and Details A-3 Architectural Schedules and Details STRUCTURAL GS-1 Structural General Notes and Standard Details GS-2 Structural Standard Details Sheet I GSa3 Structural Standard Details Sheet II GS-4 Structural Standard Details Sheet III S-1 Foundation Plan and Details S-2 Building Masonry Block and Reinforcement Plan S-3 Roof Framing Plan and Details S-4 Sections and Details MECHANICAL M-1 Pipe Schedule and Equipment Schedule M-2 Mechanical Standard Details I M-3 Mechanical Standard Details Ii M-4 Chemical Feed System Schematic M-5 Chemical Feed System Plan M-6 Chemical Feed System Sections M-7 Mechanical Foundation Plan Building Drainage M-8 Heating and Ventilation M-9 Building Plumbing Plan M-10 Details and Schedules ELECTRICAL E-1 Electrical Symbols and Abbreviations E-2 Electrical Site Plan E-3 Building Power and Control Phm E-4 HV, Lighting, and Receptacle Plan E-5 One-Line Diagram and MCC Layout E-6 Control Panel Layout E-7 Control Wiring Diagrams Sheet I E-8 Control Wiring Diagrams Sheet II E-9 Control Wiring Diagrams Sheet III E-10 Control Wiring Diagrams Sheet IV INSTRUMENTATION I-I b2 I-3 I-4 Instrumentation Standard Symbols & Notes P & ID - Chemical Storage and Feed System P & ID - Sampling and Injection Systems Instrumentation Details EXHIBIT C 1996 HOURLY RATE SCHEDULE MONTGOMERY WATSON Principal Professional I Principal Professional II Supervising Professional Senior Professional Professional Associate Professional Assistant Professional Administrator Senior Designer Designer/Drafter Secretary $145 125 105 90 75 65 55 5O 80 60 45 1) These hourly rates include include salary, overhead and profit. 2) These hourly rates apply to calendar year 1996 and may be adjusted in January 1997. 3) Subconsultant costs will be marked up by 10 percent to cover adminstrative and insurance charges. 4) Other direct costs (ODCs) will be marked up at 15 percent to cover administrative and insurance charges. 1 Exhibit C ECONOMIC AND ENGINEERING SERVICES, INC. Principal $120 Senior Engineer 90 Engineer 70 Clerical 40 MISCELLANEOUS COSTS Mileage $0.30/mile CADD $28/hour Associated Project Costs $7.25/staff hour (includes word processing, computers, in-house copies, telephone, fax, postage and overnight deliveries) 2 Exhibit C EXHIBIT C Bremerton Corrosion Control Facility: Phase I Manhour Estimate I Project Technical Project Project Staff Staff Senior Manager Director Engineer Engineer Engineer Engineer Designer Admin. Task Description Kreft Kirmeyer Friedman Swalm Pierson Wong Patrick ODCs TOTAL Phase I - Preliminary Design Element tA - Project Management Task 1AA: Project Management 20 12 8 8 4 $500 $6,t 20 Task 1A2: Site Sutveyand Geotechnical 2 6 $2,500 $3,290 Task 1A3: Site Visits 8 8 $500 $2,120 Task lA 4: Analysis of AItemative Chemicals 2 4 35 2 16 6 $300 $5,910 Task 1A.5: Preliminaiy Site Evaluation and Layout 12 2 16 8 8 16 $1,200 $6,920 Task lA 6: Predesign Workshop 8 8 16 8 8 $500 $4,980 Task 1A7: Prelim Facilities Layout, Design Cd~eda, Utilities 4 4 24 10 24 8 40 $1,200 $10,990 Task lA 8: Preliminar7 Cost Estimate, Stag Requirements . 4 4 16 4 12 4 $300 $4,310 Task IA9: Treatment Stad-up and Monitoring Plan 4 4 32 2 8 6 $300 $5,060 Task 1A10: Predesign Report 4 8 24 4 15 4 20 $I,000 $7,670 Element lB - PermittingAssistance 4 24 8 12 $300 $4,560 Phase I Total (hours) 72 46 188 60 104 15 60 48 $61,930 B&OTax at 25% $1,548 Total Phase J Fee Estimate $63,478 EXHIBIT C Bremerton Corrosion Control Facility: Phase II Manhour Estimate Project Pro/act QA/QC P8ncipal Supe[v/sing Senior Sen/or Des¢~ner Task Description Manager E¢lgineer Coordinator Engineer Professional Professional Professional Designer Drafter Admin. ODCs TOTAl. Phase I[ - Facility Design Element/IA - Preparation of Contract Documents Task I[A.I: Process/Mechamcal/Hydraulic Design 40 140 120 16 $1,725 $29,730 Task llA.2: Civil Design 24 90 72 12 $575 $18,040 Task llA.3: Architectural Design 8 60 32 $575 $7,720 Task IIA4: Structural Design 8 120 80 $575 $15,380 ;Task llA5: Electrical Design 12 190 140 $725 $24,880 Task IIA,6: Instrumentation Design 8 100 70 S575 $13,280 Task IIA7: Spec/Stations 28 100 80 S1,150 $17,650 Task IIA8; Construction Cost Estimate 4 4 24 $400 $3,420 Task IIA.9: Updated Project Schedule 2 4 4 ~ $110 $920 Task IIA 10: Additional Engineering Services ,18 120 120 40 I $1,600 $30,000 E!ement lib - QA/QC Task lIB1: 30% Overall Check/Review Workshop 4 4 4 $140 $1,580 Task lIB2: 90% Comprehensive Check, Review Workshop 4 4 4 10 $140 $2,630 Task lib 3: FJnar Inter DiscipJine Check 8 $60 $780 Element/lC -B¢d Phase Support Se[vices Task 9C 1: Respond to Bidder's Questions 2 8 2 $1,150 Task/lC.2; Prepare Addenda 2 6 2 2 4 $150 $1,470 Task llC.3: PrebJd Conference 6 6 $110 $1,400 Task IIC4: Bid Opening/Review 4 4 $110 $970 Phase II Total (hours) 158 490 8 28 10 44 472 312 322 156 $171,000 B&O Tax at 2.5% $4,275 Total Phase II Fee Estimate $175,275 EXHIBIT C Bremerton Corrosion Control Facility: Phase III Manhour Estimate Project Project QA/QC Senior Resident Assoc, Senior Designer Task Description Manager Engineer Coordinator Engineer Professional Professional Designer Drafter Admin. ODCs TOTAl Phase III - Services During Construction Element IliA - Office Services Dunng Construction Task IlIA.l: Pre-Con Meeting 2 8 $100 $1,070 Task ILIA2; Submittals 4 16 40 6 $900 $5,620 Task ILIA3: RFCs 16 8 $500 $2,130 TasklllA4: Change Orders 4 8 4 4 $500 $2,250 Task~llA.5: Progress Pay ESL Task ~lIA 6: Meetings & Site Visits 48 $450 $4,770 Task II~A.7: Finallnspection 4 12 $750 $2,330 Task IliA 8: Record Drawings 4 4 20 $750 $2,630 Element IlIB - Field Services Dudng Construction Task IIBA: Field Inspection 120 $2,200 $13,000 Element IliB - O&M Manual, Starfup Assistance, and Train~n( TasklllC.l: O&M Manuals 4 16 16 8 8 $750 $4,720 Task lllC.2: Startup Plan and Assistance 4 16 8 2 4 $450 $3,290 TasklllC 3: Full-Scale Training 4 24 $850 $3,510 Phase III Total (hours) 26 152 0 120 40 42 8 40 18 $45,350 B&O Tax at 2.5% $1,134 Total Phase iii Fee Estimate $46,484 AGENDA BILL BREMERTON CITY COUNCIL 1 SUBJECT: CONTRACT with Kitsap County to Provide Financing for improvements to the Admiral Theater FOR AGENDA OF: October 9, 1996 ORIGINATING U EPT:-k4~(~'r-'~ ' ORIGINATOR: RTR~a DATE SUBMITTED: dc-t. ~,-1-996 2. CLEARANCES~' Comment of back if necessary) Attorney Dir Admin Ser.-~ ~'",f'~O ( Oj~'} 3. EXHIBITS: Letter from Kitsap County Proposed Loan Agreement Council Comm. STUDY SESSION MARCH 18 ENDORSEMENTS ~< INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTA COUNCIL PRESIDENT 4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Work is currently underway on the renovation of the City's Admiral Theater Building. A significant portion of the funding for this renovation will be provided through a Section 108 Loan from the U. S. HUD. Funds are needed on a short-term basis to provide for construction costs pending receipt of the 108 Loan. The County is offering to provide the necessary short term financing in the form of a loan with repayment to be made from the proceeds of the 108 Loan upon its receipt. 8. RECOMMENDATION: Motion to approve the proposed loan contract with Kitsap County. Motion to approve Budget Adjustment Request No 96-27. 9. RESPONSIBLE OFFICIAL:Treasurer ENFORCEMENT OFFICIAL: M~ayor EXPIRATION DATE: N/A REVIEW DATE: March 1, 1997 PULLED COUNCIL DIRECTIVE: TABLED 10. NOTICE OFACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMME~_Sj 5. IMPACT ON NON-PASSAGE: The City will seek to provide short term financing for this project from another source or construction work will be suspended pending receipt of funds from U. S. HUD. 6. IMPACT ON STAFFING, BUDGETS, FAC_LL_IZ!.E_S,_EQUIpMENT OR OTH_ER_ ._RE_S_O_U_R_CES: As presented in the attachments. The contract with the Teamsters represented employees will be amended by a letter of understanding. The union has agreed to the wage grades reflected in this agenda bill. 7. RESEARCH SOURCES: Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQ~U__EST GENERAL FUND, GENERAL MISC. No. 96-27 SOURCE OF FUNDS: Description Amount RECEIPT OF LOAN: Loan from Kitsap County 750,000 REPAYMENT OF LOAN: Loan from HUD USE OF FUNDS: p_e~_cription Amount Payment to Admiral Theater Fdn. 750,000 759,200 ';Payment to Kitsap Co. 750,000 Interest and Fees 9,200 NARRATIVE: This adjustment will provide budgetary capacity for the receipt and repayment of a loan from Kitsap County for the renovation of the Admiral Theater. Department Head Signature Treasurer Comments: Date Director Signature Date L~'~Recommended Mayor Comments: b~ Not Recommended ..... ~(~) L~'_ Trea_~urer's Sfgnat u r _"e-~7~.' Date Recommended ~ Not Recommended Approved I ..... ] Denied Fiscal & Budget Committee Comments: ~ayor'~ ~i~natur~ Date Recommended Approved Not Recommended Denied Fiscal & Budget Committee Signat~J~ E)a(e AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CL~AP~NCES: (comment on back if necessary) 3. EXHIBITS: MAYOR COUNCIL PRESIDENT~~ 4. SUMMARY STATEMENT A~ND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: A3~ENDED 11~ AGENDA BILL NO:__ KITSAP 'COUNTY DEPARTMENT OF ADMINISTRATIVE SERVICES 614 Division Street, MS-7 · Port Orchard, Washington 98366 · (360)876-7150 Deborah Cone Broughton Director William D. Nogle, CPA Assistant Director October 1, 1996 Mayor Lynn Horton The City of Bremerton 239 4th Street Bremerton, WA 98337 Dear Mayor Horton: Enclosed are five originals of the loan agreement between the County and the City lbr the Admiral Theater Foundation. State law allows the County to loan money to another municipal corporation but not to a private foundation. The City has statutory authority (RCW 35.21.395) to make expenditures for historic preservation. This agreement provides for interest at 5.4%, roughly the return that the County is now realizing on investments, plus $750 to reimburse the County for legal costs incurred. The County must use the Real Estate Excise Tax to make this loan because the County does not have sufficient cash in any other fund. Also, we will need notice of draws two weeks in advance. This will allow us to liquidate investments and process the loan draws through our normal voucher process. Please sign and return all copies. Once signed by the Board, I will send an original to you. My intent is to have the Board approve this on October 7. Thank you. Very truly yours, William D. Nogle, CPA(--'/~ Assistant Director LOAN AGREEMENT THIS LOAN AGREEMENT is dated as of October 1, 1996 and is between Kitsap County, Washington (the "County'") and the City ofBremerton, Washin=oton (the "City") WITNESS ETH: The City owns the historic Admiral Theatre (the "Theatre") and has contracted with The Admiral Theatre Foundation (the "Foundation") to renovate and operate the Theatre on its behalt~ The County has applied to the United State Department of Housing and Urban Development ("HUD") for a loan guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. S5308 (the "108 Loan"). The proceeds of the 108 Loan will be used by the Foundation to make capital improvements to the Theatte Pending the closing of the 108 Loan, funds are needed to maintain the construction schedule ;vith respect to the Theatre renovations. The City has asked the County to loan the City an amount not to exceed $750,000 pursuant to RCW 36.64.070 so that the City will be able to spend such amounts pursuant to RCW 35.21395 to continue renovation of the Theatre. Upon closing of the 108 Loan, the City intends to be reimbursed tbr its expenditures on behalf of the Theatre from the Foundation. The City intends to repay this loan to the County fi'om the fimds reimbursed to it by the Foundation plus interest at ~ t//°,/o per annum, plus costs of $750.00 and will forthwith upon closing of the 108 loan transfer or cause to be transferred such amounts to the County in repayment of the loan Section 1. CQuntv_Agreements. The County hereby agrees to loan to the City an amount not to exceed $750,000 for the purpose of enabling the City to finance certain capital costs of renovating the Theatre pending closing of the 108 Loan. The County agrees to advance funds to the City in installments, at such times and in amounts as determined by the City, upon two weeks advance notice to the County by the City The County shall wire such funds to an account designated by the City upon execution of this Loan Agreement. The County will continue to use its best efforts to close the 108 Loan with the Foundation. As a condition closing the 108 Loan and with the consent of the Foundation, the Cotinty will arrange for a transfer of the Repayment Amount (as defined below) with respect to the loan evidenced hereby' (the "Bridge Loan") to the County' in repayment of the City's obligation under the Bridge Loan Section 2. City Aareements. The City agrees to accept the Bridge Loan under the terms set forth above and to repay the County the total amount loaned plus interest at .... % per annum (based on a 365/366 day year) plus costs of $750.00 (together, the "Repayment Amount"). Such repayment shall take place upon closing of the 108 Loan through a transfer of proceeds of the 108 Loan, with the consent of the Foundation, directly to the County in satisfaction of the City's obligation hereunder. In the event the ! 08 Loan does not close prior to March I. 1997 or the Foundation does not consent to transferring the Repayment Amount to the County on behalf of the City at closing of the 108 Loan, then the City shall become obligated to pay the Repayment Amount from its general funds and revenues on or before March /, 1997 Executed this day of , 1996 KITSAP COUNTY, WASHINGTON By Chairperson Commissioner Commissioner CITY OF BREMERTON By Mayor -2- j JAROR9DOC AGENDA BILL BREMERTON CITY COUNCIl. l. SUBJECT: Public Heariug FOR AGENDA OF: October 9, 1996 Resolution #,.75-&._~ , regarding recovery of fees for ORIGINATING DEPT: Building Dept. the abatement of the property located at 1510 Snyder ORIGINATOR: Donald Pratt ~ Avenue, Bremerton DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: necessary) 1. Resolution # ~-~5(ox3 City Clerk:~ ~-- ~ ex_ (. ~2,~.~¥.~<.¢~-1 2. Clerk Report City Attorney: City Treashre~ ~------~.~_~ ENDORSEMENT ~ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: _.~. MAYOR q:~ ;~-7~ COUNCiL PRESiDENT (-_~ C~ ~-~>~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On August 13, 1996, the City posted a Notice and Order to Abate Unsafe Condition and a Notice to Vacate on the apartment complex located at 1510 Snyder Avenue, owned by the Wardick Company, due to dangerous conditions discovered there. After the residents were moved from the premises, the Street Department boarded up the buildings to prevent entry. The cost to the abatement fund was $1014.06. Council must now decide whether the fees are reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by resolution # ~'~, ~ , order that the fees incurred for the abatement of the property located at 1510 Snyder be collected as reasonable abatement costs, and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Don Pratt ENFORCEMENT OFFICIAL: Don Pratt EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED APPROVal, DISAPPROVED AMENDED COUNCIL~ECTIVE: D~: ~ '---- ' 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City would forfeit the costs of this abatement. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: RESOLUTION A RESOLUTION reviewing charges for the abatement of the property at 1510 Snyder Avenne and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the buildings located at 1510 Snyder Avenue, Bremerton; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the tees be collected as a lien against the property located at 1510 Snyder Avenue, Bremerton, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,014 06 for the property located at 1510 Snyder Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this 1996. day of ......... JOHN LAW Council President CITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: September 12, 1996 TO: Kathleen McCluskey, Director of Administrative Services FROM: Donald L. Pratt, Building Official RE: Abatement fees for 1510 Snyder Avenue The City. posted a Notice and Order to Abate Unsafe Condition &nd a Nodce to Vacate on the property located at 1510 Snyder Avenue, owned by the Wardick Company on August 13, t99d. After the tenants were moved out, the Street Department boarded up the buildings to prevent entry. The cost to the abatement fund tot21ed $1,014.06. I have scheduJed a pubtic hear/ng before Council on October 9, 1996 to allow them to determine whether the fees are reasonable and how they should be collected. · CelebratLng 50 Years of Freedom · CITY OF BREMERTON INTERFUND TRANSFER CFFYDEPARTMENTS ONLY TO DATE 09/06/96 TRANSFER COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE (REVENUE DEPARTMENT) (EXPENDITURE DEPARTIJENT) DESCRIPTION TOTAL Ch~rg~ p~ ~tached summ~y ~or. August, 1996 BLAB Labor Equipment ~qat e,'~al~ Total $ 537.50 18.00 ~.56 $ 1,014.06 ACCOUNT 42-349.4200 PROJECT AMOUNT --- 1,014.06 , .3. _ DEPAR . ENT ACCOUNT (Sign Here) PROJECT EXPENDITURE DEPARTMENT SUPERVISOR AMOUNT Fri Sep 6, 1998 8:37 Am City of Bremerton - Streets Billing Details Street Department Summary of Services for :August 1996 Date W.O. ~ Description 08/21/96 SD960087 ABATEMENT 1510 SNYDER/ BOARD U? & SECURE COLEN COREY SCOTT COREY '92 GMC 1-TON P/U TERRY DEVERY 08/22/96 SD960087 ABATEMENT 1510 $NYDER/ BOARD UP & SECURE AARON COREY SCOTT COREY TERRY DEVERY DAVID FINDLOW RILEY THOMPSON KITSAP LMBR - CDX, SCREWS PAGE ~ 1 BLAB Regular Overti~e Cost~ 1.0 hr 27.50 2.0 hr 55.00 2,0 HR 18.00 2.0 hr 55,00 5.0 hr 35.00 5.0 hr ]37,50 $.0 hr 137.50 5.0 hr 35.00 2.0 hr 55,00 1.0 IN 458.56 $1,014.06