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Home My WebLink About09/23/2015 AGENDA M �� •� CITY COUNCIL 345 6�h Street, Suite 600, Bremerton, WA 98337 � Phone (360)473-5280 ***AMENDED*** SEPTEMBER 23, 2015 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public. Public Commenf will be allowed and action will be taken by the Council for Items 1 through 4 only. For the remaining Items, there will be no opportunities for input or participation from the public, no Council action is anticipafed, and the content is subject to change. If approved by fhe Council, these ltems will be placed on the October 7, 2015 Council Meeting Agenda... A. ACTION ITEMS 1. Confirm Reappointment of Shayna McKinnon to the Parks & Recreation Commission 2. Confirm Appointment of Benjamin Burnette to the Parks & Recreation Commission 3. Confirm Appointment of Christopher Lee to the Design Review Board 4. Interagency Agreement with the Washington State Department of Natural Resources (DNR) to Host the Puget SoundCorps Work Crew from October 1, 2015 to September 30, 2016 B. INFORMATION BRIEFING 5. Application for U.S. Environmental Protection Agency (EPA) Brownfields Grant C. NO PRESENTATIONS PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 6. Contract Award for the Flow Control & Seismic Valve Project to Pape & Sons Construction, Inc. 7. Proposed Public Hearing to pass an Ordinance vacating a portion of the Right-of-Way of 17tn Street between Lafayette Avenue & Corbet Drive 8. Professional Services Agreement with McClure Consulting, LLC 9. Renewal of$150,000 Annual Funding Commitment to the Admiral Theatre Foundation D. GENERAL COUNCIL BUSINESS 10. Other General Council Business (As necessary...) E. ADJOURNMENT OF STUDY SESSION If discussions have concluded by 6:00 PM, the Study Session will be adjourned... If more discussion is deemed necessary, President Wheeler will call a recess at 6:00 PM, allow enough time for a Council Group Photo Session to fake place, and then return with the Council Members to reconvene the meeting � Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Offce at(360)473-5323 at least 24 hours prior to the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Reappointment of Study Session Date: September 23, 2015 Shayna McKinnon to the Parks & Recreation With Council Action Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: Shayna McKinnon was appointed to the Parks & Recreation Commission on April 1, 2015 to fill an unexpired term. It is recommended she be reappointed to another term. ATTACHMENTS: Shayna McKinnon's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation With Action �`TI I�CQ . �,�+3cn�S��rl.� I—I �e r�nl Q�QS+�j�+ I—I D��hlin LJe.��inn RECOMMENDED MOTION: Move to confirm the reappointment of Shayna McKinnon on the Bremerton Parks & Recreation Commission. COUNCIL ACTION: �Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: September 23, 2015 Benjamin Burnette to the Parks & Recreation With Council Action Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy effective September 29, 2015 on the Parks & Recreation Commission due to a term expiration. It is recommended the vacancy be filled by Benjamin Burnette. ATTACHMENTS: Benjamin Burnette's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation With Action �1 11'1V CCCCIf1AI A�TI/lAl. n r,,.,� �n��Q� n��rn�J,s. I—I D��hlin I..le�rina RECOMMENDED MOTION: Move to confirm the appointment of Benjamin Burnette on the Bremerton Parks & Recreation Commission. COUNCIL ACTION: �Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: September 23, 2015 Christopher Lee to the Design Review Board (With Council Action) Department: Executive Presenter: Mayor Patty Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Design Review Board for Position 1 due a resignation. It is recommended that Christopher Lee, a local architectural designer with Rice Fergus Miller, be appointed to fill the vacancy and complete the term which expires December 31, 2015 and be appointed a full 4-year term that will begin January 1, 2016 and expire in December 31, 2019. ATTACHMENTS: Application available for viewing in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation With Action . B RECOMMENDED MOTION: Motion to confirm the appointment of Christopher Lee to the Design Review Board. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action � Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interagency Agreement with Study Session Date: 9/23/15 Action needed Department of Natural Resources to Host COUNCIL MEETING Date: N/A the Puget SoundCorps Work Crew Department: PWU October 1, 2015 to September 30, 2016 Presenter: Milenka Hawkins-Bates Phone: (360)473-5333 SUMMARY: The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington State Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. The crew's base will be hosted by the City of Bremerton October 1, 2015- September 30 2016. The City will receive October and one additional month of crew time in exchange for acting as th� crew's base of operations. Public Works has secured a location for them to store their equipment and will provide internet access for them to do their reporting. ATTACHMENTS: Interagency Agreement FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation With Action CTI11'►V CCCCIAAI A/�TI�IAI• r' rin I—I r_`�r� .�I Q��c�'n hlin I..le�rin� vTvvrv . 8�6�RS2F�-10tQ@Rv�-�vcrr2Fu�-va�n-rG�'S$ �Fvrrv-r-rcarmg RECOMMENDED MOTION: Move to approve the Interagency Agreement with DNR to Host the Puget SoundCorps Work Crew October 1, 2015 - September 30, 2016 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: �] Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action 1� Form Updated 01/07/15 `� � �� WASHINGTON STATE DEPARTMENT.OF Natural Resources PETER GOLDdIARK-Commssioner of Publrc Lnntls INTERAGENCY AGREEMENT WITH THE CITY OF BREMERTON Agreement No. IAA 16-54 This Agreement is between the City of Bremerton, referred to as the City, and the Washington State Department of Natural Resources Urban and Community Forestry Program, referred to as DNR. DNR is under authority of RCW Chapter 43.30 of Washington State, Department of Natural Resources. DNR and the City enter into this agreement under Chapter 39.34, Interlocal Cooperation Act. The purpose of this Agreement is to provide a Puget SoundCorps (SoundCorps) crew for urban forestry maintenance and restoration tasks in the City. SoundCorps is part of the broader Washington Conservation Corps/AmeriCorps program administered by Washington State Dept. of Ecology. SoundCorps crews work on projects that help restore and protect water quality in Puget Sound. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. DNR shall furnish a SoundCorps crew and the City shall provide all materials and services pertinent to performing work set forth in the Attachment A. 2.01 Period of Performance. The period of performance of this Agreement shall be from October 1, 2015, to June 30, 2019, unless terminated sooner as provided herein. Both parties agree that DNR will provide the City two months of crew work between October 1, 2015— March 30, 2016. The City will receive October and one additional month of crew time, to be chosen by the City's Project Coordinator, in exchange for acting as the crew's base of operations for the 2015-2016 project year(October 1, 2015 —September 30, 2016). 3.01 Payment. DNR provides the services of the SoundCorps crew in exchange for the City's matching commitment to the project as described in Attachment A. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be `works for hire' as defined by the U.S. Copyright Act of 1976 and shall be equally owned by DNR and the City. Data shall include, but not be limited to, reports, documents,pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or 1 Of 5 Agreement No. IAA 16-54_Bremerton sound reproductions. Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. 7.01 Independerat Capacity.The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments: This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination. Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules; (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim arising from this agreement can not be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold I consent. 2 of 5 Agreement No.IAA 16-54_Bremerton 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded � from subsequently exercising its rights. A party's rights may only be waived through a written amendment to his agreement. 15.01 Severability.The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Indemnification. To the fullest extent permitted by law, the City shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. The City's obligation to indemnify, defend, and hold harmless includes any claim by the City's agents, employees, representatives, or any subcontractor or its employees. The City expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to the City's or any subcontractor's performances or failure to perform the Agreement. The City waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. DNR shall not require the City to indemnify, defend, and hold harmless DNR(1) for claims that arise solely out of the negligence of the State and its officers and employees or(2) for claims that arise out of DNR's or its officer's or employee's proportionate share of any concurrent negligence. 17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties.No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the City is Milenka Hawkins-Bates, Telephone Number(360)473-5333. � (2) The Project Coordinator for DNR is Micki McNaughton,Telephone Number (360) 902-1637. 3 of 5 Agreement No.IAA 16-54_Bremerton IN WITNESS WHEREOF,the pardes have executed this Agreement. CITY OF BREMERTON Dated: , 2015 By: Patty Lent Title: Mayor Address: Norm Dicks Government Center 345 6`h Street, Suite 600 Bremerton, WA 98377 Phone: 360-473-5266 ATTEST: Shannon Corin, City Clerk APPROVED AS TO FORM: Roger Lubovich, City Attorney STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20_ By: Robert W. Johnson Title: Resource Protection Division Manager Address: 1111 Washington Street SE MS 47037 Olympia, Washington 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 4 of 5 Agreement No.IAA 16-54_Bremerton Attachment A STATEMENT OF WORK DNR will provide the following to the City for projects that receive assistance under the Urban Forest Restoration Project: • Template for media release to assist in building public awareness of crew work. • SoundCorps crew time to perform urban forestry maintenance and restoration tasks as outlined below: o Maintain, remove, plant, invasive plants and trees in City ROW and facilities. o Maintain, remove, plant, invasive plants and trees in City Parks. o Maintain, remove, plant, invasive plants and trees in City watershed. o Other sites and/or locations as agreed by the City's Project Coordinator and the DNR Project Coordinator. Tasks and activities assigned must pertain to restoring the ecological health and functionality of the urban forest on the site or location. • Report that includes a description of the project and the work accomplished. • Template for three-year maintenance and monitoring plan. • Template for annual monitoring report. Local projects must be on public property, and work perfortned by the crew may not replace workers already in place or contracted. SoundCorps crews are covered by Washington State Dept. of Ecology(Ecology) insurance through Washington State Dept. of Labor and Industries (L &I) while working on project sites and traveling to and from work locations. � SoundCorps crews are responsible for the maintenance and repair of any equipment provided by SoundCorps and/or Ecology. The City is responsible for the maintenance and repair of any equipment provided by the City and used by the SoundCorps crew under the direction of City staff. The City commits to the following in consideration for the services of the DNR-sponsored crew: • Post media releases in advance of and/or during the crew's time with the City. • Acquire any permits necessary for project work. • Dispose of materials removed during project activities (English ivy vines,blackberry canes, trash, etc.). • Provide any and all materials required for project completion (plants, mulch, herbicide, staking materials, etc.). • Provide traffic control, including traffic control plan, barriers, cones, flagging materials, etc. as necessary to ensure the safety of the crew and public. • Develop and implement a three-year maintenance and monitoring plan for the project site within 60 days of receiving the DNR Report of the crew's work. • Report monitoring results to the DNR Urban and Community Forestry Program annually for three years beginning the year after the crew's work per the approved three-year maintenance and monitoring plan. 5 Of 5 Agreement No.IAA 16-54_Bremerton INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Application for US EPA Study Session Date: September 23, 2015 Brownfields Grant Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: The city published a request for qualifications in August to find a partner consultant to assist the city in successfully obtaining US EPA brownfields assessment grants and area-wide planning grants. The funding would be used citywide. The total funding that the city may receive if we are successful in obtaining these grants could be as high as $600,000. There is no local match for this funding. We have reviewed the proposals submitted, and selected a firm that has proposed a no-cost option for the city. The firm will, on behalf of the city, submit for the US EPA funding and this will cost the City nothing. If the city is successful in obtaining funding as a result of the consultant's submittal we will formally contract with the firm to administer the grant work program. This is a method that has been successfully carried out in other communities. There is no contract that the City Council has to authorize at this time. DCD will contract with the consulting firm to prepare the US EPA grant submittals this year. If the city is successful in obtaining the grant funding, staff will bring forward a contract for the City Council to authorize with the consultant in order to carry out the work established in the EPA grant. HANDOUTS: STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation Form Created 5/4/15 2�J�\SEOr�T�syu �f�� rowrnfields Assessment Grants: < 0 W jn . . . Z z��o2 teres�d in Applying for �unding . . yr'4�PROS�� Here 's what you need to know to get started... Wlzat is EPA's B�•ownfields P�'og1•am? � Cleanup grants provide direct funding for cleanup The U.S.Environmental activities at specific sites. Protection Agency's � Job Training grants provide environmental training - (EPA)Brownfields for residents of brownfields communities. -- " Program is designed ' -a�"-"`�`J'' to empower states, What are Assessment Grants? � :�.•a communities,and Assessment grants provide funding for a grant recipient to: other stakeholders � Inventory Sites:Compile a listing to work together in � Characterize Sites: Identify past uses a timely manner to prevent,assess,safely clean up, � Assess Sites: Determine existing contamination and sustainably reuse brownfields.EPA provides technical and financial assistance for brownfields � Conduct Cleanup and Redevelopment Planning: activities through an approach based on four main Scope and plan process goals:protecting human health and the environment, � Conduct Community Involvement: Inform and sustaining reuse,promoting partnerships,and engage community strengthening the marketplace. Brownfields grants For a Communitv-Wide Grant: serve as the foundation of the Brownfields Program and ,, An applicant may apply for a community-wide support revitalization efforts by funding environmental assessment grant if a specific site has not been assessment,cleanup, �� identified or if the assessment will address more and job training �� :� '�� t'"�. ;,_ _,. �9l �� . than one site within the community. activities.Thousands �ti, �;il '! : '� -��.'=-��:, ' of properties have been ,�j � Applicants electing to apply for up to$200,000 assessed and cleaned up _,,". _ � ��,. for a community-wide hazardous substance through the Brownfields � ' assessment grant are not eligible for a site-specific Program,clearing the hazardous substance assessment grant in the same way for their reuse. grant competition.Applicants applying for up to $200,000 for a community-wide petroleum or petroleum product assessment grant will not be Abrownfield is defined as:real property, eligible for a site-specific petroleum assessment the expansion,redevelopment,or reuse � grant. of which may be complicated by the � For a Site-Specific Grant: .� presence or potential presence of a � A site-specific assessment grant must be applied for hazardous substance, pollutant, or if the assessment is limited to one,and only one, contaminant.The2002BrownfieldsLaw � site.A site-specific assessment grant application further defines the term to include a site must be made if a waiver of the funding limitation that is: "contaminated by a controlled is requested. substance; contaminated by petroleum ' or a petroleum product excluded from � Applicants will not be allowed to substitute another the definition of`hazardous substance'; site for a site-specific assessment grant where the or mine-scarred land." ' subject site is determined to be ineligible. _ For the coroplete discussion of Brownfields Program � - - � � - - � grant funding,refer to the EPA Proposal Guidelines What are the Fou�• Grant Types? for Brown6elds Assessment,Revolving Loan � Assessmentgrants provide funding for brownfields Fund,and Cleanup grants at: http://www epa.gov/ inventories,planning,environmental assessments, brownfie/ds/app/icat.htm and community outreach. How Do I Applv for an Assessment Grant? � Revolving Loan Fund grants provide funding Applicants submit a proposal for each grant type that to capitalize a revolving loan fund that provides the are a 1 m for �.e. assessment revolvin loan Y PP Y� g �� , , g loans and subgrants to carry out cleanup �d,and/or cleanup). Each proposal must address the activities at brownfields. selection criteria outlined in the guidelines. Grant proposals should be concise and well organized, substances comingled with petroleum)or and must provide the information requested in the petroleum at a single site. (Community-wide guidelines.Applicants must demonstrate that they assessment grants are not eligible for assessment meet threshold criteria requirements and must respond grant"waivers.") to evaluation criteria.Factual information about your � Total grant fund requests should not exceed a total proposed project and community must be provided. of$400,000 unless such a waiver is requested. Proposals must include: � Up to$1 Million for assessment coalitions. � Cover letter describing project A coalition is made up of 3 or more eligible � Applicant information applicants that submits one grant proposal under � Applicable mandatory attachments the name of one of the coalition members who will e. state letter) be the grant recipient. � g•, � Responses to evaluation criteria How Long is the Assessment Period? All applicants must refer to the Proposal Guidelines The performance period for an assessment grant is published by EPA. three years. Who is Eligible to Apply fot•an Assessment Where Do 1 Find the Proposal Guidelines? Grant? Electronic copies of the Proposal Guidelines can be Eligible entities include: state,local,and tribal obtained from the EPA brownfields Web site at: governments,with the exception of certain Indian tribes Irtlp://www epa.gov/brownfields/applicat.hlm in Alaska;general purpose units of local govemment, Additional information on grant programs may be land clearance authorities,or other quasi-governmental found at: www.grants.gov entities;regional council or redevelopment agencies; . or states or legislatures. Some properties are excluded from the definition of a brownfield unless EPA makes Is Pre-Application Assistance Available? a site-specific funding determination that allows grant If resources permit,EPA Regions may conduct open funds to be used at that site. meetings with potential applicants. Check with your Applicants may apply for both community-wide and regional office for date and location information.Your site-specific assessment grants;however,an applicant regional Brownfields Program contacts can be found at: is limited to submitting only ONE hazardous substance htlp://www.epa.gov/brownfie/ds/corcntct.htm assessment grant proposal and ONE petroleum EPA can respond to questions from applicants about assessment proposal. threshold criteria, including site eligibility and Each eligible entity may submit no more than two ownership. assessment proposals. EPA staff can not meet with applicants to discuss How Much Assessment Grant Funding is draft proposals or provide assistance in responding to ranking criteria. ,, Available? � Up to$200,000 to assess a site contaminated by What is the Evaluation/Selection Process? hazardous substances,pollutants,or contaminants Brownfields grants are awarded on a competitive (including hazardous substances co-mingled with basis.Evaluation panels consisting of EPA staff and petroleum). other federal agency representatives assess how � Up to$200,000 to address a site contaminated by well the proposals meet the threshold and ranking petroleum. criteria outlined in the Proposal Guidelines for � For site-specific proposals,applicants may seek Brownfields Assessment,Revolving Loan Fund,and a waiver of the$200,000 limit and request up to Cleanup grants. Final selections are made by EPA $350,000 for a site contaminated by hazardous senior management after considering the ranking substances,pollutants,or contaminants and of proposals by the evaluation panels.Responses to up to$350,000 to assess a site contaminated threshold criteria are evaluated on a pass/fail basis. If by petroleum. Such waivers must be based on the proposal does not meet the threshold criteria,the the anticipated level of hazardous substances, proposal will not be evaluated. In some circumstances, pollutants,or contaminants including hazardous EPA may seek additional information. United States Solid Waste EPA-560-F-05-236 Environmental and Emergency August 2009 Protection Agency Response(5105� www.epa.gov/brownfields/ Washington,D.C.20460