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060915 Council Agenda Packet Website REGULAR BUSINESS MEETING TUESDAY, JUNE 9, 2015 LOCATION: BAINBRIDGE ISLAND CITY HALL 280 MADISON AVENUE N., BAINBRIDGE ISLAND, WASHINGTON AGENDA Action 1. EXECUTIVE SESSION 6:00 PM Property Acquisition (RCW 42.30.110(1)(b)), Current Litigation (RCW 42.30.110(1)(i)), Review Performance of An Employee (RCW 42.30.110(1)(g)) 2. CALL TO ORDER / ROLL CALL / PLEDGE OF ALLEGIANCE 7:00 PM Mayor: Anne Blair Deputy Mayor: Michael Scott Wayne Roth Councilmembers: Sarah Blossom Val Tollefson Steven Bonkowski Roger Townsend 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 7:05 PM 4. PUBLIC COMMENT 7:10 PM 5. CITY MANAGER’S REPORT 7:20 PM Comprehensive Plan/Navigate Bainbridge Update 6. PUBLIC HEARING 7:25 PM A. Ordinance No. 2015-10, Tent City Regulations, AB 15-109 – Executive (Pg. 3) Conduct Public Hearing/Consider Approval 7. UNFINISHED BUSINESS 7:35 PM A. Approve Professional Services Agreements Associated with SMP Monitoring Program with University of Washington for LIDAR Monitoring, AB 15-086 – Executive (Pg. 11) Consider Approval 7:45 PM B. Public Safety Facility Site Selection, AB 14-008 – Executive (Pg. 27) Consider Approval 8. NEW BUSINESS 8:15 PM A. Force Analysis System tm and COPS Technology Grant Opportunity, AB 15-111 – Police (Pg. 47) Consider Approval 8:25 PM B. Short-Term Vacation Rental Regulations, AB 15-113 – Executive (Pg. 119) Information 9. CONSENT AGENDA (Pg. 123) 8:35 PM A. Accounts Payable Voucher and Payroll Approval – May 26 and June 9, 2015 (Pg. 125) Consider Approval B. Regular Business Meeting Minutes, May 12, 2015 (Pg. 251) Consider Approval C. Regular Study Session Minutes, May19, 2015 (Pg. 255) Consider Approval D. Regular Study Session Minutes, June 2, 2015 (Pg. 261) Consider Approval E. Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee, AB 15-105 – Finance (Pg. 265) Consider Approval F. Ordinance No. 2015-13, Consolidating the Harbor Commission and Road Ends Committee, AB 15-112 – Executive (Pg. 267) Consider Approval 1 10. COMMITTEE REPORTS 8:40 PM A. Non-Motorized Transportation Advisory Committee Notes, June 3, 2015 – Councilmember Roth (Pg. 275) Information 11. REVIEW UPCOMING COUNCIL MEETING AGENDAS (Pg. 277) 8:45 PM 12. FOR THE GOOD OF THE ORDER 8:50 PM 13. WORK SESSION (PUBLIC COMMENT TO BE ACCEPTED) 8:55 PM A. Subject: Storm and Surface Water Management Utility Review and Utility Advisory Committee Recommendation, AB 14-030 (Pg. 283) Discussion Leader: Public Works Discussion Goal: Accept Utility Advisory Committee recommendations on the SSWM Utility; direct staff to proceed with preparing an ordinance to revise the Bainbridge Island Municipal Code and begin auditing individual properties. 14. ADJOURNMENT 9:40 PM 2 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Ordinance 2015-10, Tent Cities as an Allowed Temporary Use Regulations Date: June 9, 2015 Agenda Item: Public Hearing Bill No.: 15-109 Proposed By: City Attorney Lisa Marshall BUDGET INFORMATION Depart/Fund: Expenditure Req: Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: June 2, 2015 Recommendation: Schedule public hearing for June 9, 2015 City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Conduct public hearing and consider approval of Ordinance No. 2015-10. Background: Please refer to attached staff memo. RECOMMENDED ACTION I move the City Council approve Ordinance 2015-10. 3 City of Bainbridge Island PLANNING & COMMUNITY DEVELOPMENT MEMORANDUM TO: City Council City Manager Doug Schulze FROM: Lisa Marshall, City Attorney DATE: June 2, 2015 RE: Ordinance 2015-10, Tent Cities as an Allowed Temporary Use On June 2, 2015, the City Council will conduct first reading on draft Ordinance 2015-10, which makes provisions for “tent cities,” or homeless encampments, as an allowed temporary use on church properties. The City is processing this ordinance to satisfy its insurer, Washington Cities Insurance Authority (WCIA). As a risk management policy, WCIA has required its member cities to enact ordinances providing for temporary use permits for homeless encampments such as Tent City/SHARE. No homeless encampment has applied for a temporary use permit, nor is the City aware of any plans for a homeless encampment to locate within the City or on church property located within the City. However, if in the future, a church within the City limits hosts a homeless encampment, this ordinance provides the City with tools to ensure the health and safety of the residents of the City. The Planning Commission conducted two study sessions on Ordinance 2015-10 on April 23 and May 14, 2015. The Planning Commission raised a number of questions during their review, which are summarized below with staff responses. 1) Why does the draft ordinance exclude children? Are families not allowed in a tent city? Tent City/SHARE does not allow minors (under age 18) in the organization. Additionally, for risk management reasons, it would not be advisable for the City to issue a permit to a homeless encampment serving minors. 2) Will a tent city likely be made up of Bainbridge or Kitsap residents, or could a Seattle tent city come over? The City has no information regarding where the Tent City/SHARE members come from. 3) What is the difference between the terms “Sponsor” and “Managing Agency” as used in the ordinance, and who would be the managing agency? For instance, is the Sponsor the 1 4 church, and the Managing Agency something like HRB? “Sponsor” is the church; “managing agency” is Tent City/SHARE. 4) Why is only a LUPA appeal provided, with no local appeal? Because of the interest in timely decisions regarding homeless encampments, a local appeal process is not recommended. An appeal to the Council and/or Hearing Examiner would add additional administrative processes to the timeline. 5) Are the noticing timelines included in the ordinance specified in state law? Could the City change the noticing timing requirements to be the same as other noticing provisions in BIMC 2.16.020.K for both public participation meetings and public notices? Can we have a longer comment period than 14 days? An extended notice period is discouraged. Tent City/SHARE and sponsoring churches typically don’t have the ability to wait a long time for the permitting process to be completed. The organization moves to a new church every 90 days. If the process is too lengthy, it could be burdensome to the church and therefore a violation of RCW 35.21.915. That said, there aren’t clear standards regarding the point at which a city regulation becomes “burdensome.” See the following link for more information about Tent City/SHARE/WHEEL: http://www.sharewheel.org/Home/tent-cities 6) Churches are conditional uses in most zones on the Island and permitted outright in R- 14 and the Core, Madison, Ericksen, and High School Rd. districts. Could the City limit the location of tent cities to churches that have gone through the CUP process? Or alternatively, could the City limit tent cities to churches in zones where they are outright permitted? No. 7) Does the Critical Areas Ordinance apply? No. The CAO, SEPA, shoreline regulations, and other land use regulatory mechanisms are not “health and safety” regulations within the meaning of RCW 35.21.915. 8) In terms of responding to public comments, can the City’s ordinance require that the church be responsible for answering community comments and concerns, and/or require that the church maintain an informative website? Tent City/SHARE/WHEEL is very proactive in its community education and outreach efforts. While it is possible to invite Tent City to a public meeting to answer questions and provide information, it would not be permissible to require the hosting religious organization to maintain a website. 9) What types of dimensional requirements and performance standards can the City apply? Could we apply underlying zoning setbacks? Dimension and performance standards, if imposed, must be the minimum necessary for the health and safety of the community and permittees/guests. Examples of dimension requirements/performance standards are minimum setbacks from adjacent lot lines, the requirement that excessive noise not be permitted between certain hours, that litter and trash must be removed from the premises, etc. Generally, these types of requirements are imposed by Tent City/SHARE/WHEEL as a condition of membership in the organization. See the site http://www.sharewheel.org/Home/tent-cities regarding the code of conduct for members. 2 5 10) Can the City require any specifications on the type and appearance of tents? No. 11) Could we limit the number of tents (and therefore intensity of use) through the lot coverage provisions in different zones? So for instance, the R-1 zone lot coverage is 15%-- would it be possible to say that the lot coverage limit is double (30%) for tents? No. 12) Is the intensity of the use/number of tents only limited by the ability to meet public health and safety standards? Yes. Cities can impose restrictions on numbers of tents/occupants only when imposed as health and safety standards. Tent City/SHARE/WHEEL imposes limitations on members to 100 members for each tent city. Generally, unless cities can show that this number constitutes a health and safety hazard, this number should be allowed. 13) Do tent cities cook outside, for example on camp stoves? Or do they usually use a church’s commercial kitchen facilities for cooking? Could we limit cooking to inside only? Outdoor cooking cannot be prohibited if there are no inside facilities available. Cities can impose outdoor cooking restrictions/regulations that are necessary as a health and safety regulations. 14) In applying for the use permit, can we make a church make the case, or prove there is a need for a tent city? No. 15) Is the site obscuring fence part of state law? No. Can the screening intent be met with existing vegetation? There may be cases where a fence is not warranted, or if the neighbors don’t want a fence. The ordinance states a fence isn’t required if “there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed.” 16) Is the 92 day time period that the tent city may be in place in state law? Could it be less? Tent City/SHARE operates on 90 day cycles. It takes the organization this amount of time to locate the next hosting church. Depending upon the reduction in time imposed by the City, such a reduction may “substantially burden” the church and the Tent City. It would depend upon the reduction.\ The Planning Commission conducted a public hearing on Ordinance 2015-10 on May 28, and forwarded it to the Council with a recommendation to approve. Staff is recommending that the City Council consider scheduling a public hearing for June 9, 2015. 3 6 ORDINANCE NO. 2015-10 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to Temporary Homeless Encampments; amending Chapter 18 of the Bainbridge Island Municipal Code (BIMC). WHEREAS, in 2010, the legislature codified RCW 35.21.915, which, among other things, prevents cities from enacting ordinances or regulations or taking any other action that imposes conditions other than those necessary to protect public health and safety and that do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; WHEREAS, the City desires to enact this Ordinance to set forth the requirements for issuance of a temporary use permit to an applicant wishing to host a homeless encampment; WHEREAS, the standards and requirements set forth in this Ordinance are the minimum necessary to protect the public health and safety and do not substantially burden the decisions or actions of a religious organization regarding the location of housing or shelter for homeless persons on property owned by the religious organization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Section 18.09.020 of the Bainbridge Island Municipal Code is amended to add “Temporary Homeless Encampment” to the permitted uses table as shown in Exhibit A. Section 2. Section 18.09.030.J of the Bainbridge Island Municipal Code, Use Specific Standards, is amended to add the following subsection: 8. Temporary Homeless Encampment An application for a Temporary Homeless Encampment permit will be reviewed and decided upon by the Director of Planning and Community Development (hereafter “Director”), and must meet the following standards. a. A Temporary Homeless Encampment is only allowed on property in conjunction with a Religious Facility. An application for a homeless encampment must include a Religious Facility or other community-based organization as a sponsor or managing agency. b. The applicant shall submit an irrevocable, signed, and notarized statement granting the City permission to summarily abate the temporary use and all physical evidence of that use if it is not removed by the applicant within the period specified as part of the permit, and agreeing to reimburse the City for any expenses incurred by the City in abating the temporary use. 1 7 c. The encampment shall meet all setbacks for the zoning districts described in BIMC 18.12.020. The encampment shall be located a minimum of 20 feet from the property line of abutting properties containing residential uses. d. The Director may require a sight-obscuring fence around the perimeter of the homeless encampment unless it is determined that there is sufficient vegetation, topographic variation, or other site conditions such that fencing would not be needed. e. Exterior lighting for the homeless encampment must meet the requirements of BIMC 18.15.040. f. The maximum number of residents within a homeless encampment is 100. g. Parking for five (5) vehicles shall be provided. h. The applicant shall submit a transportation plan which shall include provision of transit services. The homeless encampment shall be located within one-half (1/2) mile of transit service. i. No children under 18 are allowed in the homeless encampment. If a child under the age of 18 attempts to stay at the homeless encampment, the managing agency shall immediately contact Child Protective Services. j. No animals shall be permitted in encampments except for service animals. k. The applicant shall submit a code of conduct for the encampment and described how it is to be enforced by the managing agency. The code shall contain the following as a minimum: i. No drugs or alcohol. ii. No weapons. iii. No violence. iv. No open flames. v. No loitering in the surrounding neighborhood. vi. Quiet hours. l. The managing agency shall ensure compliance with Washington State and City codes concerning but not limited to drinking water connections, human waste, solid waste disposal, electrical systems, and fire-resistant materials. The City shall coordinate review of the Temporary Homeless Encampment permit with the Kitsap Public Health District and Bainbridge Island Fire Department. The managing agency shall permit daily inspections by the City and/or Health Department to check compliance with the standards for homeless encampments. 2 8 m. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from prospective encampment residents and use the identification to obtain sex offender and warrant checks from the appropriate agency. All requirements by the City of Bainbridge Island Police Department related to identified sex offenders or prospective residents with warrants shall be met. n. Homeless encampments may be approved for a time period not to exceed 92 days. o. The City may grant a temporary use permit only if it finds that the proposed temporary use will not be materially detrimental to the public welfare, or injurious to the property or improvements in the immediate vicinity. p. There is no administrative appeal of the Director’s decision for a temporary use permit. The action of the City in granting or denying an application under this chapter may be reviewed pursuant to the standards set forth in RCW 35.70C.130 in the Kitsap County Superior Court. The land use petition must be filed within 21 calendar days of the issuance of the final land use decision of the City. For more information on the judicial process for land use decisions, see Chapter 36.70C RCW. Section 3. Section 18.36.030 of the Bainbridge Island Municipal Code is amended to add the following definitions: Temporary Homeless Encampment “Temporary Homeless Encampment” means a group of homeless persons temporarily residing out of doors on a site with services provided by a sponsor and supervised by a managing agency. Managing Agency “Managing Agency” means an organization that has the capacity to organize and manage a homeless encampment. A “managing agency” may be the same entity as the sponsor. Sponsor “Sponsor” means an entity that has an agreement with the managing agency to provide basic services and support for the residents of a homeless encampment and liaison with the surrounding community and joins with the managing agency in an application for a temporary use permit. A “sponsor” may be the same entity as the managing agency. Section 4. This ordinance shall take effect and be in force July 7, 2015 following the end of the State Environmental Policy Act (SEPA) appeal period. 3 9 PASSED BY THE CITY COUNCIL this day of , 2015 APPROVED BY THE MAYOR this day of , 2015 Anne S. Blair, Mayor ATTEST/AUTHENTICATE: Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: May 28, 2015 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: July 7, 2015 ORDINANCE NUMBER: 2015-10 4 10 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Professional Services Agreement Associated with the City’s SMP Monitoring Program with the University of Washington Date: June 9, 2015 Agenda Item: Unfinished Business Bill No.: 15-086 Proposed By: Associate Planner C. Carr/Planning Director K. Cook BUDGET INFORMATION Depart/Fund: Expenditure Req: No Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Consider approving a professional services agreement associated with the City’s SMP Monitoring Program with the University of Washington. Background: On April 21, 2015, the City Council forwarded the professional services agreement with the University of Washington to the April 28, 2015 meeting. Subsequently, the University’s contracts officer requested revisions to the City’s standard contract and clarification on the scope of work. These revisions were made and reviewed and approved by the City Attorney. As a refresher, the grant products will provide baseline conditions of selected ecological parameters in support of the SMP monitoring program. The majority of the grant will be completed by two consultants, Quantum Spatial, Inc. and the University of Washington (see brief description below). Quantum Spatial, Inc.’s professional services agreement was approved by the City Council on April 28, 2015 and fully executed on June 2, 2015. University of Washington will play a key role in the grant work. The work includes development of a land use/land cover map; establishing metrics of ecological function; coordination of field data collection; a training workshop on use of grant products; limited grant administration and sharing lessons learned. Specific grant tasks assigned to the University of Washington are included in the scope of work. The University of Washington professional services agreement is included as Attachment 1. RECOMMENDED ACTION I move that the City Council approve the professional services agreement associated with the City’s SMP Monitoring Program with the University of Washington. 11 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is entered into as of the date written below between the City of Bainbridge Island, a Washington state municipal corporation (the “City”) and University of Washington (the “Consultant”). WHEREAS, the City desires to acquire a raster map containing land use/land cover classes and supporting field data and share the data with staff and interested parties; and WHEREAS, the Consultant has the expertise and experience to provide said services and is willing to do so in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Consultant as follows: 1. SERVICES BY CONSULTANT The Consultant shall provide the professional services as defined in this Agreement and as necessary to accomplish the scope of work attached hereto as Attachment A and incorporated herein by this reference as if set forth in full. The Consultant shall furnish all services, labor and related equipment to conduct and complete the work, except as specifically noted otherwise in Attachment A to this Agreement. 2. PAYMENT A. The City shall pay the Consultant for such services: (check one) [ ] Hourly, plus actual expenses, in accordance with Attachment A, but not more than a total of $____; [ x ] Fixed Sum: a total amount of Sixty-nine Thousand, Eight hundred Forty-three Dollars ($69,843); [ ] Other: _______, for all services performed and incurred under this Agreement, to be billed monthly in equal amounts. B. The Consultant shall submit monthly invoices for services performed in a previous calendar month in a format acceptable to the City. Each project and each task within a project shall be the subject of a separate invoice. The Consultant shall maintain time and expense records and provide them to the City upon request. C. All invoices shall be paid by mailing a city check within sixty (60) days of receipt of a proper invoice. - 1 - 12 D. The Consultant will perform the work in accordance with generally-accepted professional standards of workmanship and effort at a quality comparable to research performed at major public and private research universities within the United States. 3. INSPECTION AND AUDIT The Consultant shall maintain all books, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Consultant shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts and records where necessary to conduct or document an audit. The Consultant shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Consultant shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 4. INDEPENDENT CONTRACTOR A. The Consultant and the City understand and expressly agree that the Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant expressly represents, warrants and agrees that the Consultant’s status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Consultant shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. B. Each party will be responsible for payment of any taxes (including all federal, state, and local income, sales, use, value-added, and employment taxes) owed by it and arising from this Agreement. No amounts paid to the Consultant under this Agreement will be subject to any withholding by the City. The Consultant represents that it is exempt from United States federal income taxes under Section 115(1) of the Internal Revenue Code. C. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 5. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a bona fide occupational qualification. - 2 - 13 B. The Consultant shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 5 shall be a material breach of this Agreement and grounds for cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City. 6. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both parties and shall continue in full force and effect until January 31, 2016 unless sooner terminated by either party as provided below. B. This Agreement may be terminated by either party without cause upon thirty (30) days ’ written notice to the other party. In the event of termination, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation at the rate set forth in Section 2 for any satisfactory work completed prior to the date of termination. 7. OWNERSHIP OF WORK PRODUCT All data, materials, reports, memoranda and other documents developed by the Consultant under this Agreement, whether finished or not, shall be forwarded to the City in hard copy and in digital format that is compatible with the City's computer software programs. The Consultant hereby grants the City a fully-paid, non-exclusive, royalty-free, license to these works for non-commercial use. 8. GENERAL ADMINISTRATION AND MANAGEMENT The City Manager of the City, or designee, shall be the City's representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. 9. HOLD HARMLESS AND INDEMNIFICATION A. The Consultant agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys’ fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the Consultant, its officers, employees, and/or agents, arising out of or in connection with the performance or non-performance of the services, duties, and obligations required of the Consultant under this Agreement. B. In the event that the Consultant and the City are both negligent, then the Consultant’s liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys’ fees and disbursements) that can be apportioned to the Consultant, its officers, employees and agents. - 3 - 14 C. The City’s inspection or acceptance of any of the Consultant’s work when completed shall not be grounds to void, nullify and/or invalidate any of these covenants of indemnification. D. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. E. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 10. INSURANCE The Consultant hereby notifies the City that as an agency of the State of Washington and in accordance with Washington law, the Consultant maintains a self-insurance program pursuant to RCW §§28B.20.250, 28B.20.253, and 28B.20.255. Upon the City’s request, the Consultant will provide the City proof of insurance or loss coverage. 11. SUBLETTING OR ASSIGNING CONTRACT This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Consultant as stated herein. 12. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 13. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 14. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. - 4 - 15 15. NON-WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 16. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: To the City: City of Bainbridge Island 280 Madison Avenue North Bainbridge Island, WA 98110 Attention: City Manager To the Consultant: University of Washington Office of Sponsored Programs, 4333 Brooklyn Ave. NE, Box 359472, Seattle, WA 98195-9472. osp@uw.edu, 206-543-4043 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 17. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 18. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 19. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington. 20. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. - 5 - 16 IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2015. UNIVERSITY OF WASHINGTON CITY OF BAINBRIDGE ISLAND By By Douglas Schulze, City Manager Name Title Tax I.D. # - 6 - 17 ATTACHMENT A SCOPE OF SERVICES Consultant shall complete the following tasks as outlined in the grant agreement for “Monitoring Ecological Function with Remote Sensing” (WDFW Grant Number 15-03129) which is incorporated by reference and part of this Agreement: • Tasks 1.3, 1.4, 1.5, 2.1, 2.2, 4.1, 5.1, 5.2, 6.1 and 6.2 and a portion of Task 4.1 for a contract amount of $69,843.00. Labor and travel support for Task 4.1 totaling $15,19515,915 shall be provided by the City and is not included in the contract amount. - 1 - 18 ATTACHMENT B City of Bainbridge Island, Department of Planning and Community Development Monitoring Ecological Function with Remote Sensing ________________________________________________________________________ Statement of Work PURPOSE The purpose of this project is to develop high-resolution data, methodologies, and metrics to manage vegetation within the shoreline regulatory jurisdiction areas of Bainbridge Island. The City of Bainbridge Island will use the data, methodologies, and metrics to quantify shoreline vegetation and land use / land cover change, specifically the presence of marine riparian canopy and estuarine emerging vegetation, increases of impervious surface area, and changes in beach structure / sediment supply, as a proxy for ecological function. Based on the project results, the City of Bainbridge will be able to monitor and evaluate shoreline permit compliance rates over time, make recommendations regarding tracking of unpermitted activities, identify places of possible unpermitted activities, and inform ‘no net loss’ monitoring. Periodic updates of LiDAR and high-resolution data will enable the City of Bainbridge to monitor and enforce regulations to manage shoreline vegetation and land use. The data, methodologies, and metrics will also serve as a possible template for counties and cities throughout Puget Sound. GOALS & OBJECTIVES • Develop and apply land use / land cover data products and methodologies to monitor and evaluate changes to marine riparian vegetation, shoreline armoring, beach features, and impervious surface area within shoreline regulatory jurisdiction areas of Bainbridge Island. • Develop a set of metrics as a proxy for ecological function. • Assess the accuracy of these metrics using field data. • Distribute and interpret the results of this project to key partners. TASKS & DELIVERABLES Task 1: Project Management and Reporting The Grantee will administer the project, including but not limited to: maintaining project records; submitting invoices to WDFW for payment; submitting bi-annual FEATS progress reports and the final performance report; and compliance with applicable terms, conditions, and other grant requirements. The Grantee will also manage the project, including but not limited to: conducting coordinating, and scheduling project activities; ensuring quality control; communicating with - 1 - 19 project partners and Grant Program staff; and ensuring completion of the project as outlined in the grant agreement. 1.1 Detailed Project Plan: The Grantee will prepare a detailed project plan to ensure project expectations and outcomes are aligned. The detailed project plan will include descriptions of partner roles, selected data types for analysis, rationale supporting the methodology selected for characterizing baseline conditions, quantitative measures of ecological function, and metrics for monitoring no net loss provisions of the City of Bainbridge’s shoreline management regulations. 1.2 Quality Assurance Project Plan (QAPP): The Grantee will prepare a QAPP. The format for the QAPP will follow what is prescribed by the Washington State Department of Ecology, a format approved by the US EPA. A NEP Waiver Form will be submitted, and a QAPP will be completed and approved by Department of Ecology’s Quality Assurance Officer before conducting any work related to collecting environmental data. The QAPP and the NEP Waiver form will be combined into one document and submitted for approval. All work under this project must be conducted according to an approved QAPP. FEATS: The Grantee will complete bi-annual FEATS (Financial and Ecosystem Accounting Tracking System) progress reports, as well as final FEATS report and final project narrative report. The final FEATS report, reflecting the final project billing, will be provided during project close out and will describe the entire project, including information such as work completed, results of performance evaluation, overall project outcomes, and lessons learned. Number Deliverable Cost Completion date 1.1 Detailed Project Plan and timeline $500 April 15, 2015 1.2 NEP Waiver Form and approved QAPP $2,000 May 31, 2015 1.3 Quarterly Progress Reports $2,920 April 15, 2015 July 15, 2015 October 15, 2015 January 15, 2016 April 15, 2016 1.4 Bi-annual Federal FEATS Reports $1,460 April 15, 2015 October 15, 2015 April 15, 2016 1.5 Final FEATS Report and Narrative Report $1,460 January 31, 2016 Task 2: Performance Evaluation The Grantee will develop a performance evaluation plan that outlines what will be measured (such as inputs, outputs, and outcomes), how these metrics will be measured, and how the results of the evaluation will be used. The project will be evaluated using this plan, and the final report will include the results of the performance evaluation. Number Deliverable Cost Completion date - 2 - 20 2.1 Performance Evaluation Plan $1,460 April 30, 2015 2.2 Final Performance Evaluation Report $1,460 January 31, 2016 Task 3: Acquire LiDAR and high-resolution data. Number Deliverable Cost Completion date 3.1 Aerial LiDAR (minimum 8 points per square meter), and imagery (6 inch pixel resolution: in blue, green, red, and near infrared bands). $48,866 July 30, 2015 Task 4: Acquire Field data. The Grantee will collect precise (sub-meter) field data at a minimum of 50 randomized points and transects along the Bainbridge Island shoreline. The data will include: the presence of marine riparian canopy and estuarine emerging vegetation, eelgrass cover (recorded at low tide), impervious surface areas, and changes in beach structure / sediment supply. Number Deliverable Cost Completion date 4.1 Field data collection. $33,004 September 30,2015 Task 5: Develop land use / land cover map. The Grantee will develop a raster map containing land use / land cover classes with a minimum of one meter resolution. The Grantee will evaluate Washington State Department of Natural Resources (DNR) nearshore surveys of eelgrass to further assess the accuracy of the land use land cover data. Number Deliverable Cost Completion date 5.1 Land use / land cover map $17,518 September 30,2015 5.2 Metrics of ecological function and accuracy assessment. $17,518 November 30, 2015 Task 6: Education and Outreach. The Grantee will share the data, methodologies, and metrics through a public workshop for city staff and interested parties, including shoreline landowners, local non-profit organizations, monitoring volunteers, and neighboring jurisdictions. The workshop discussion will address the accuracies and utility of data products for understanding baseline conditions and gauging changes in ecological functions. City staff will be trained to a sufficient level to take ownership of the data products for use, as a future monitoring program is developed to enforce the City’s shoreline regulations. The Grantee will produce a white paper outlining the methodologies used, metrics created, and suggestions for incorporating the data into monitoring plans for other Puget Sound municipalities. Number Deliverable Cost Completion date 6.1 Training workshop on use of data products. $4,579 December 30, 2015 - 3 - 21 6.2 White paper on methodologies, metrics, and incorporating data into monitoring plans. $4,379 December 30, 2015 Grant Amount: $137,124 City Matching Resources (.03% FTE for C. Carr) $2,618 Total Project Cost $139,742 Work on this project must be completed by January 31, 2016 - 4 - 22 Properties Current Code UAC Consensus Undeveloped Property (Native) No SSWM fee No SSWM fee Single Family (SFR)1 ERU (Includes duplex) 1 ERU -Accessory Dwelling Units (ADU) N/A N/A Condominium 1 ERU/unit 1 ERU/unit UAC SSWM Rate Recommendation 23 Properties Current Code UAC Consensus Apartments 1 ERU/3,000 sf 1 ERU/3,000 sf Other Developed Property Commercial/ Multiple 1 ERU/3,000sf All other than residential 1 ERU/3,000sf Includes Property zoned or used for multifamily, commercial or retail uses. All developedproperty except residential (e.g., farms, parks, schools, churches, etc.) Impervious Surfaces Rate Charge per Surface “Hard” (100%) Gravel (80%) Packed Dirt (50%) Cleared (40%) “Hard” (100%) Gravel (75%) -Vehicle-bearing gravel surfaces only UAC SSWM Rate Recommendation 24 Fee Component Current Code UAC Consensus Discounts Low-income N/A Qual. Features (LID) –50% Low-income Very Low Intensity -70% for <15% impervious -Not applicable to residential Qual. Features (LID) –50% -Not applicable to residential Added Charges SFR -Additional ERU for any individual building separate from main residence >3,000 sf impervious UAC SSWM Rate Recommendation 25 Property Current Code UAC Consensus Farms SFR -1 ERU or Commercial/ Multiple -1 ERU/3,000 sf SFR -1 ERU or CommercialFarms -1 ERU/3,000 sf Proposal:Business License requirement provides differentiation between SFR or Commercial. -Low intensity discount would apply for Commercial Farms UAC SSWM Farms Recommendation 26 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Public Safety Facility Site Selection Date: June 9, 2015 Agenda Item: Unfinished Business Bill No.: AB 14-008 Proposed By: Doug Schulze, City Manager Referral(s): BUDGET INFORMATION Department/Fund: Executive Munis Contract # Expenditure Req: N/A Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: To identify a preferred site for the proposed public safety facility, and to review and discuss initial project cost estimates and funding options. During the 2015 City Council Advance, City Council established a goal to complete the site selection process by June 2015. Background: At the May 19, 2015 Study Session, the City Council identified two sites for further consideration and requested preliminary estimates for total project costs. The following materials are provided to inform the Council discussion: • Memo containing initial project cost estimates, detail on land acquisition options, and other information on the remaining sites under consideration. • Timeline and required steps for a potential ballot proposition in November, 2015. • Timeline for bond issuance and project start, in the event of passage of ballot proposition in November, 2015. • Debt service information including current City tax-supported debt service schedule, estimates for additional debt service at selected levels of funding, and estimates of potential bond proceeds for selected levels of debt service. • A sample ordinance to authorize a ballot proposition for the November, 2015 General Election. RECOMMENDED ACTION I move the City Council approve the “______” (“Sakai property” or “N. Madison properties”) as the preferred site for the proposed public safety facility, and direct the City Manager to continue negotiations to complete a purchase and sale agreement for the property acquisition at this site. 27 DESCRIPTION/SUMMARY (continued) The City Council is anticipated to continue discussion of this project throughout June and July, and meeting is reserved for this topic at each upcoming Council meeting. A general outline of topics to be covered is below. June 9: • Complete site selection • Review project cost estimates • Review schedule for project planning, Council decision/action, and financing • Review sample ordinance to place bond on Nov. ballot • Receive estimates of City’s current annual debt service and potential additional costs for selected levels of debt • Receive information on City-owned property that could be sold to support project costs June 16: • Review City fiscal capacity/long-range financial review • Review project costs estimates/budget • Determine whether project will include Municipal Court • Determine whether City owned property sales will be used to support project costs • Discuss other aspects of project financing approach. These decisions will inform the sizing of the proposed bond; the maximum amount of the bond is specified in the ordinance. June 23: • Continue discussions as needed July 7: • Consider draft ordinance (1st reading) which will specify the project title and amount of bond issue for the Nov. ballot. • Receive briefing/Q&A with City’s financial advisor (David Trageser) and bond counsel (Alice Ostdiek/Foster Pepper) July 21: • 2nd reading of ordinance for Nov. ballot (ordinance will specify the project title and amount of bond issue) • Consider approval of ordinance 28 City of Bainbridge Island EXECUTIVE DEPARTMENT MEMORANDUM TO: City Council Doug Schulze, City Manager FROM: Morgan Smith, Deputy City Manager DATE: June 4, 2015 RE: Public Safety Facility: Site Selection and Project Cost Estimates This memo includes initial cost estimates for the proposed public safety facility and the two project sites that are currently under consideration. Table 1 provides estimates of total projects costs, which range from $13.6 to $14.6 million. Table 2 presents potential net costs, and identifies some City-owned property that could potentially be sold to support this project. Table 3 contains more detailed information about the property acquisition associated with each of the two scenarios. All costs shown are intended to be preliminary estimates, and will be refined as project planning moves forward. The purpose of providing this level of rough estimate is to inform high-level decisions about project scale, funding approach, and property acquisition. More formal cost estimates will be developed as part of the next phases of project planning. Other Aspects Related to Site Options In addition to the information provided in Table 3, there are some other characteristic of the site alternatives that may help to inform the selection of a project site: Potential impact on City property tax revenue: Any site obtained by the City will become exempt from property tax. As a result, the City’s acquisition of property will eliminate the future property tax revenue that would otherwise have been generated by that site. The impact of that future revenue loss will be greater for property with higher development value. The two sites under consideration are very different in terms of size and zoning, and therefore development potential, and so they may have different potential impacts to the City’s future property tax revenue. However to properly evaluate this difference would require a number of 280 Madison Avenue North Bainbridge Island, WA 98110-1812 Tel: (206) 842-2545 Fax: (206) 780-8600 City’s Website: www.ci.bainbridge-isl.wa.us 29 June 4, 2014 Page 2 assumptions, and it is unclear whether this exercise would generate meaningful results. For example, housing development on the Sakai property is possible if the City does not purchase the property. However, it is not possible to anticipate whether the homes will be $500,000 homes or $1,000,000 homes. In addition, it is generally assumed that residential development costs more in needed City services than the taxes generated, so the total impact to City finances of the potential future development goes beyond the property tax revenue impact. In any analysis, the timing of potential new development would also alter the impact, and one type of development might occur sooner than another. Because of these significant unknowns, we have not attempted to quantify a potential difference in impact to future City revenues from the two sites. Potential intersection with downtown parking issues: The site alternative that is north of City Hall has limited potential to provide additional parking for use by other City employees or the general public. First, the site is fairly constrained and preliminary designs indicate that any supplemental parking (beyond the building’s own program needs) would require a change from surface parking to underground parking. To construct underground parking in this spot would be significantly more expensive than to construct other parking facilities at other sites in Winslow. A second issue is the importance of keeping secure parking areas separated from public, general use parking, which may make it difficult to locate a meaningful number of additional non-secure spaces on this small site. Finally, it is important to note that any new City employee parking can potentially be used by the public on the weekends, and so this site could contribute to downtown parking in that way, even without additional designated public spaces. Different maintenance costs for different sites: As shown in Table 3, the Sakai property is significantly larger than the North Madison site. However a significant portion of the property, roughly half, would not be developed and maintenance costs for these areas would be relatively low. For the purposes of this stage of analysis, the City believes the difference in site maintenance costs between the two options would be negligible. 30 June 4, 2014 Page 3 Table 1: Project Cost Estimate Option A N. Madison Option B Sakai Property Property Acquisition • See detail in Table 2 $2.0 – $2.5 million $3.0 - $3.5 million Property Development • Option B is vacant land $200,000 - $500,000 $100,000 - $200,000 Construction – stand-alone building (19,270 sf) • Per Mackenzie study (June, 2014) • Option A requires a two- story building, estimate +10% cost impact $ 7,638,071 + 10% = $ 763,807 $ 8,401,878 $ 7,638,071 Increase for Municipal Court • Assumes 4,850 additional square feet, per Mackenzie study (September, 2014) • Assumes additional construction costs of +25% $ 2,100,470 $ 1,909,518 Escalation: start of construction Q1 – 2017 • Assumes +10% increase in construction costs from values provided in 2014 $ 1,050,235 $ 954,759 Total Project Cost $13.8 - $14.6 million $13.6 - $14.2 million 31 June 4, 2014 Page 4 Table 2: Estimated Net Project Costs Option A N. Madison Option B Sakai Property Total Project Cost $13.8 - $14.6 million $13.6 - $14.2 million Potential proceeds from sale of City-Owned property (per appraisals): • Existing Police Station site • Suzuki property site • Surplus parcels at Head- of-the-Bay $ 4.5 million $ 4.5 million NET PROJECT COST $9.3 - $10.1 million $9.1 - $9.7 million 32 June 4, 2014 Page 5 Table 3: Detail Information on Property Acquisition Location/Parcel Acreage/ Square footage Assessed Value Appraisal? Estimated Purchase Price North of City Hall • 290 N. Madison 0.37acres/ 16,117sf $904,590 Yes • 328 N. Madison (A) 0.19 acres/ 8,276 sf $435,130 In progress • 328 N. Madison (B) 0.19 acres/ 8,276 sf $308,470 In progress TOTAL: 0.75 acres/ 32,670 sf $1,648,190 $2.0 – 2.5 million Price per total sf: $61.22 - $76.52 Price per usable sf (estimated at 100% of property): $61.22 - $76.52 Sakai Property 8.98 acres/391,169 sf $658,210 Yes $3.0 - $3.5 million Price per total sf: $7.67 - $8.95 Price per usable sf (estimated at 50% of property): $15.34 - $17.90 33 Public Safety Facility Timeline – Potential Ballot Proposition For City Council briefing June 9, 2015 June 9 • site selection • review draft ballot proposition ordinance June 16 • review funding options • decision planned regarding planned sales of City-owned property, if any July 7 Ballot proposition ordinance first reading (identifies project title and maximum amount of bond issue) July 21 Ballot proposition ordinance second reading, consider approval (identifies project title and maximum amount of bond issue) August 4 Deadline to notify Kitsap County of ballot proposition October 16 Approximate date that ballots are mailed to voters November 3 General election 34 Public Safety Facility Timeline – Bond Issuance and Project Planning For City Council briefing June 9, 2015 November 2015 – mid-2016 • Council considers delegation ordinance authorizing sale of bonds • Finance team begins preparations for issuing bonds • Secure new rating from rating agency • Set bond sale date • Sell bonds Mid to late 2016 • Receive bond proceeds • Notify County Assessor and Treasurer of final payment for the next year’s tax roll Mid to late 2016 Begin project design Late 2016 - 2017 Begin project construction 2017 - 2036 • Property owners pay additional property tax as authorized by the November 2015 election • City pays planned debt service over 20-year life of bonds 35 Public Safety Facility Estimated Debt Service For City Council briefing June 9, 2015 • Assumes Aa3 rating, bank qualified, current market plus 150 basis points • Data prepared for LTGO (Councilmanic) debt issue; UTGO (voted) debt are expected to carry comparable interest rates Comparison of cost to taxpayers of different amounts of bond issue Amount Estimated City debt service for bonds Estimated cost to taxpayer (assume $500,000 AV) % increase for 2017 Increase as a % of total property tax bill $5 million $390,000 annually $35 5.3% 0.7% $8 million $623,000 annually $55 8.3% 1.0% $10 million $778,000 annually $68 10.5% 1.3% 36 City of Bainbridge Island Public Safety Facility Financing Information June 3, 2015 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Debt Service Paid from General Tax-Supported Resources Current Debt Service Schedule 37 City of Bainbridge Island Tax Supported Funds' Debt Service 6/1/2015 Debt Paid from General Tax-Supported Resources 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2005 LTGO Bonds 909,020 913,405 745,605 407,520 406,770 2009 LTGO Refunding Bonds 661,900 660,250 666,750 661,500 2007 LTGO Bonds 308,080 305,680 303,080 305,280 307,080 303,480 304,680 305,480 305,880 305,880 305,220 304,150 307,390 2008 LTGO Bonds 133,290 130,571 132,565 134,265 130,695 131,845 132,775 133,485 133,975 134,245 134,238 129,063 133,663 132,925 Akio Suyematsu land purchase 111,324 52,724 1995 Street Improvements - PWTF Loan 35,175 2007 Dec storms - PWTF Loan 32,776 32,894 32,184 31,474 30,764 30,054 29,344 28,634 27,925 27,215 26,505 25,795 25,085 24,375 Total 2,191,565 2,095,524 1,880,184 1,540,039 875,309 465,379 466,799 467,599 467,780 467,340 465,962 459,007 466,137 157,300 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Debt Service paid from General Tax- Supported Resources 2,191,565 2,095,524 1,880,184 1,540,039 875,309 465,379 466,799 467,599 467,780 467,340 465,962 459,007 466,137 157,300 Change year to year -96,040 -215,340 -340,145 -664,730 -409,930 1,420 800 180 -440 -1,377 -6,955 7,130 -308,837 38 City of Bainbridge Island Public Safety Facility Financing Information June 3, 2015 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Potential Bond Proceeds At Selected Levels of Debt Service $17.9 M $10.6 M 39 Jun 3, 2015 12:15 pm Prepared by D.A. Davidson & Co.(Finance 7.012 Bainbridge:BAINCITY-2015LTB) Page 1 SOURCES AND USES OF FUNDS CITY OF BAINBRIDGE ISLAND, WA LTGO Bonds, 2015 Assumed 'Aa3', Current Rates plus 100 bps, BQ Rates Max Revenue: $1.25 mil/yr Dated Date 06/01/2016 Delivery Date06/01/2016 Sources: Bond Proceeds: Par Amount9,800,000.00 Premium934,111.05 10,734,111.05 Uses: Project Fund Deposits: Project Fund10,630,311.05 Cost of Issuance: Other Cost of Issuance 45,000.00 Delivery Date Expenses: Underwriter's Discount 58,800.00 10,734,111.05 40 Jun 3, 2015 12:17 pm Prepared by D.A. Davidson & Co.(Finance 7.012 Bainbridge:BAINCITY-2015LTB) Page 1 SOURCES AND USES OF FUNDS CITY OF BAINBRIDGE ISLAND, WA LTGO Bonds, 2015 Assumed 'Aa3', Current Rates plus 100 bps, BQ Rates Max Revenue: $1.88 mil/yr Dated Date 06/01/2016 Delivery Date06/01/2016 Sources: Bond Proceeds: Par Amount16,500,000.00 Premium1,591,796.80 18,091,796.80 Uses: Project Fund Deposits: Project Fund17,947,796.80 Cost of Issuance: Other Cost of Issuance 45,000.00 Delivery Date Expenses: Underwriter's Discount 99,000.00 18,091,796.80 41 Draft Dated 6/3/15 CITY OF BAINBRIDGE ISLAND, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE of the City of Bainbridge Island, Washington, providing for the submission to the voters of the City, at the election to be held on November 3, 2015, of a proposition authorizing the City to issue its general obligation bonds for the purpose of [financing the design, construction, land acquisition and related costs of developing a new municipal and public safety facility], in the principal amount of not more than $________ payable by annual property tax levies to be made in excess of regular property tax levies, and to levy those excess property taxes. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN, as follows: Section 1. Findings and Determinations. The City is in need of funds to finance [the design, construction, land acquisition and related costs of developing a new municipal and public safety facility] (the “Project,” as further defined below) and to pay incidental costs incurred in connection with carrying out such Project, the estimated cost of which is expected to be at least $________. The City Council therefore finds and determines that it is in the best interests of the City to submit to the voters this ballot proposition approving the issuance of bonds or other evidences of indebtedness issued or entered into to finance all or a portion of the Project (the “Bonds”) to be repaid by a special excess levy for this purpose. Section 2. Description of Project. The Project consists of [the design, construction, land acquisition and related costs of developing a new municipal and public safety facility]. The cost of all necessary architectural, engineering, environmental, legal and other consulting services, inspection and testing, administrative expenses, site acquisition or improvement, demolition, on and off-site utilities, related improvements, payments for fiscal and legal expenses; printing, advertising, establishing and funding accounts; necessary and related planning, consulting, inspection and testing costs; administrative expenses; and other similar activities or purposes incurred in connection with the Project shall be deemed a part of the costs of such capital improvements. The City may modify details of the Project as it may find necessary or advisable. The Project, or any portion or portions thereof, shall be undertaken, insofar as is practicable, with available money and in such order of time as shall be deemed necessary or advisable by the City. The economic life of the Project is expected to exceed the life of the Bonds. Section 3. Description of Proposed Bonds. The Bonds may be issued as a single bond, in a single series or multiple series, and as a single issue or as part of a combined issue with other authorized bonds, all as deemed advisable by the City and as permitted by law. The Bonds shall be fully registered bonds, bearing interest payable as permitted by law, and maturing within [20] years from the date of issue, or within any shorter period fixed by the City. The 51449541.2 1 42 Draft Dated 6/3/15 Bonds shall be paid by annual property tax levies sufficient in amount to pay both principal and interest when due. Such annual property tax levies shall be made in excess of regular property tax levies without limitation as to rate or amount but only in amounts sufficient to meet such payments of principal and interest as they come due (including meeting mandatory redemption requirements). The Bonds shall be issued and sold in such manner, at such times and in such amounts as shall be required for the purpose for which such bonds are to be issued. The specific date, form, terms, options of redemption prior to maturity, price, interest rate or rates and maturities of the Bonds (or parameters with respect to the same) shall be fixed by ordinance of the City. Pending the issuance of the Bonds, the City may issue short-term obligations pursuant to chapter 39.50 RCW or such other obligations as are permitted by law to pay for the costs of the Project. Such obligations and their costs may be paid or refunded with proceeds of the Bonds when issued. Section 4. Proceeds of the Bonds. The proceeds of the Bonds shall be used for capital purposes only (which shall not include the replacement of equipment) to pay the costs of the Project and to pay costs related to the sale, issuance and delivery of the Bonds. The City shall determine the application of available money among the various parts of the Project so as to accomplish, as near as may be, all of the Project. If available money from the proceeds of the Bonds is more than sufficient to pay the costs of the Project, or if state or local circumstances require any alteration in the Project, the City may acquire, construct, equip and make other capital improvements to the City’s facilities, or retire and/or defease a portion of the Bonds, all as the City may determine and as permitted by law. If the proceeds of the sale of the Bonds and other available money are insufficient to make all of the capital improvements herein provided for, or if it has become impractical to accomplish the Project or portions of the Project, the City may use the proceeds of the Bonds and other available money for paying the costs of those portions of the Project deemed by the City to be most necessary and in the best interest of the City. Section 5. Calling of Election. The City requests that the Kitsap County Auditor (the “Auditor”) call and conduct a special election in the City to be held on November 3, 2015 in conjunction with the State general election, for the purpose of submitting to the voters of the City, for their approval or rejection, the question of whether or not general obligation bonds of the City shall be issued in the principal amount of not more than $________ (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness), the proceeds of which shall be expended to pay the costs of the Project, and annual excess property taxes shall be levied to pay and retire the Bonds. If such proposition is approved by the requisite number of voters, the City shall be authorized to issue the Bonds in the manner described in this ordinance, to spend the proceeds thereof to pay the costs of the Project and the costs of issuance of such Bonds, and to levy excess property taxes to pay and retire such Bonds. Section 6. Ballot Proposition. The City Clerk of the City is authorized and directed to certify, no later than August 5, 2015, to the Auditor, as ex officio supervisor of elections in the City, a copy of this ordinance and the proposition to be submitted at that election in the form of ballot title prepared pursuant to RCW 29A.36.071, as follows: 51449541.2 2 43 Draft Dated 6/3/15 PROPOSITION __ CITY OF BAINBRIDGE ISLAND PUBLIC SAFETY & MUNICIPAL FACILITY BONDS The City Council of the City of Bainbridge Island, Washington, adopted Ordinance No. _____ concerning financing for [a public safety and municipal facility]. If approved, this proposition would authorize the City to [finance the design, construction, land acquisition and related costs of developing a new municipal and public safety facility]. It would authorize issuance of no more than $________ of general obligation bonds maturing within [20] years to be repaid by the annual levy of excess property taxes, all as provided in Ordinance No. _____. Should this proposition be approved? YES ...................................................  NO .....................................................  For purposes of receiving notice of any matters related to the ballot title, as provided in RCW 29A.36.080, the City hereby designates its City Attorney, Lisa Marshall (206-842-2545, lmarshall@bainbridgewa.gov) and its bond counsel, Alice Ostdiek, Foster Pepper PLLC (206-447-4663, ostda@foster.com), as the persons to whom such notice shall be provided. Section 7. Authorization of Local Voters’ Pamphlet. The City authorizes preparation and distribution of a local voters’ pamphlet, including an explanatory statement and statements in favor of and in opposition to the ballot measure, if any. The preparation of explanatory statement, the appointment of pro/con committees and the preparation of statements in favor or and in opposition to the ballot title shall be in accordance with chapter 29A.32 RCW and the rules and guidelines of the Auditor. Section 8. General Authorization. The proper City officials are authorized to perform such duties as are necessary or required by law to the end that the question of whether or not the Bonds shall be issued and excess taxes necessary to pay and retire the Bonds be levied, all as provided in this ordinance, shall be submitted to the voters of the City at the November 3, 2015 election. Section 9. Intent to Reimburse. The City Council declares that to the extent that, prior to the date the Bonds or other short-term obligations are issued to finance the Project, the City makes capital expenditures for the Project from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the City under its existing and reasonably foreseeable budgetary and financial circumstances to finance the Project, those capital expenditures are intended to be reimbursed out of proceeds of the Bonds or other short-term obligations issued in an amount not to exceed the principal amount of the Bonds provided by this ordinance. 51449541.2 3 44 Draft Dated 6/3/15 Section 10. Severability. If any provision of this ordinance is declared by any court of competent jurisdiction to be invalid, then such provision shall be null and void and shall be severable from the remaining provisions of this ordinance, and shall in no way affect the validity of the other provisions of this ordinance or of any other ordinance or resolution or of the Bonds. Section 11. Effective Date. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. Section 12. Ratification of Prior Acts. Any action taken consistent with the authority and prior to the effective date of this ordinance is hereby ratified, approved and confirmed. PASSED by the City Council and APPROVED by the Mayor of the City of Bainbridge Island, Washington, at a regular open public meeting thereof, this _____ day of ________, 2015. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Foster Pepper PLLC, Bond Counsel 51449541.2 4 45 Draft Dated 6/3/15 CERTIFICATION I, the undersigned, City Clerk of the City of Bainbridge Island, Washington (the “City”), hereby certify as follows: 1. The attached copy of Ordinance No. _____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on ________, 2015, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is ________, 2015. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of its members voted in the proper manner for the passage of the Ordinance. Dated: ________, 2015. CITY OF BAINBRIDGE ISLAND, WASHINGTON Rosalind D. Lassoff, City Clerk 46 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Force Analysis System TM and COPS Technology Grant Opportunity Date: June 9, 2015 Agenda Item: New Business Bill No.: AB 15-111 Proposed By: Matthew Hamner, Chief Referral(s): BUDGET INFORMATION Department/Fund: Public Safety Munis Contract # Expenditure Req: N/A Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Consider submitting grant application to the Community Oriented Policing Services (COPS) office (up to $200,000) to purchase the Force Analysis System™ and technical assistance and training from Sanford, Olson & Scales, LLC. Background: In December, 2014, President Obama formed the Task Force on 21st Century Policing to better understand specific policing challenges and help communities identify actions they can take to improve law enforcement and enhance community engagement. Many of the Task Force’s recommendations emphasize better use of data and technology to increase transparency and build community trust. Last month the White House launched the Police Data Initiative. Working with 21 major cities across the country, the goal of the Initiative is to gather and analyze data from law enforcement agencies to help improve policies, training and police practices. In response to the Task Force recommendations and the Police Data Initiative, the Community Oriented Policing Services (COPS) office at the US Department of Justice has made a new series of grants available to law enforcement. Grants will be awarded to projects that help to implement recommendations from the Task Force and align with the objectives of the Initiative. Continued on Page 2 RECOMMENDED ACTION Motion: I move that the City Council approve the grant application to the Community Oriented Policing Services (COPS) office (up to $200,000) to purchase the Force Analysis System™ and technical assistance and training from Sanford, Olson & Scales, LLC 47 Page 2 A new Bainbridge Island based company, Sanford, Olson & Scales, LLC, (SOS) has developed a Force Analysis System™ that meets many of the Task Force recommendations as well as the principal goals of the Initiative. SOS has offered their system to the BIPD and Poulsbo PD at no cost and use of force reports from the last few years have been entered into the system’s database. The system is a risk assessment tool and can also be used by the Department as an early warning system. SOS uses the data to provide recommendations for improving policies, training, accountability and supervisory practices. SOS has partnered with Seattle University to conduct additional research on the data and develop evidence-based best practices. SOS has approached BIPD and Poulsbo PD and proposed that we jointly apply for a COPS grant that would provide the Force Analysis System™ to all law enforcement agencies in Kitsap County. The grant would also cover the costs of technical assistance that SOS would provide to the agencies to help improve policies, training and use of force practices. If we receive the grant, Kitsap County will be the first jurisdiction in the country to comprehensively analyze use of force reports from multiple agencies. The BIPD wishes to apply for a COPS grant in order to purchase the Force Analysis System™ and technical assistance from SOS. BIPD would act as the fiscal agent for grant which would also pay for the Force Analysis System™ and technical assistance for all law enforcement agencies in Kitsap County. This grant will not only provide BIPD, the City and the community with valuable information about the Department’s use of force practices, it will also foster cooperation and collaboration among all law enforcement agencies in Kitsap County. Budget: The specific details of the grant proposal are still being developed but it is anticipated that the total amount requested will be between $100,000 and $200,000. The duration of the project will be 12 months. The grant will pay for the full costs of the Force Analysis System™ and all technical assistance and training provided by SOS. After the grant period has concluded, there will be no additional ongoing costs for BIPD. The grant proposal will include a budget for the administrative costs that BIPD will incur for managing the grant, so there will be no out-of-pocket costs to the City if the grant is awarded. Timeline: The application period for the grant is only one month and the deadline is June 19, 2015. 48 Community Policing Development (CPD) funds are used to advance the practice of community policing in law enforcement agencies through training and technical assistance and the development of innovative community policing strategies, applied research, guidebooks, and best practices that are national in scope and responsive to the solicitation topic requirements. COPS Community Policing Development Awards The 2015 CPD Program will fund projects related to the following topic areas: „„Microgrant Initiative for Law Enforcement „„Critical Response Technical Assistance „„Community Policing Emerging Issues Forums „„President’s Task Force on 21st Century Policing Field Initiated Projects „„Collaborative Reform Initiative Program Evaluation Detailed descriptions of each of these topics are available in the application guide. Funding Provisions Provisions include the following: „„CPD is open to all public governmental agencies, profit and nonprofit institutions, universities, community groups, and faith-based organizations. Proposals should be responsive to the topic selected, significantly advance the field of community policing, and demonstrate an understanding of community policing as it pertains to the application topic. Unless otherwise indicated, initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. Applicants must identify spe- cific program goals that will be directly accomplished if awarded CPD funding. „„There is up to $4 million, subject to the availability of funding, in competitive funding through the FY 2015 CPD program. Each grant or cooperative agreement is two years (24 months) in duration, and there is no local match. Maximum award amounts are specified for each topic area. How to Apply Applicants are first required to register via www.grants.gov and complete an SF-424. After submitting the SF-424, applicants will receive an e-mail with instructions on completing the second part of the CPD application through the COPS Office Online Application System. To complete the CPD application, please visit the COPS Office website at www.cops.usdoj.gov and click on the “Account Access” link in the upper right-hand corner. Applicants should then enter their username and password and select “Applications” from the Agency Portal Menu. Complete application packages for the FY 2015 CPD solicitation are due by June 19, 2015 at 7:59 p.m. EDT. Hard copies or electronic copies sent via e-mail will not be accepted. Contact the COPS Office For more information about the Community Policing Development Program, please call the COPS Office Response Center at 800-421-6770 or visit the COPS Office online at www.cops.usdoj.gov. ADDITIONAL RESOURCES President’s Task Force on 21st Century Policing. 2015. Interim Report of the President’s Task Force on 21st Century Policing. Washington, DC: Office of Community Oriented Policing Services. http://www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf. May 2015 2015 Community Policing Development Program U.S. Department of Justice Office of Community Oriented Policing Services www.cops.usdoj.gov Fact Sheet 49 U.S. Department of Justice, Office of Community Oriented Policing Services Ronald L. Davis, Director www.cops.usdoj.gov The U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office, www.cops.usdoj.gov) is pleased to announce that it is seeking applications for funding for the COPS Office FY 2015 Community Policing Development Program. This program furthers the department’s mission of advancing public safety through community policing by addressing the department’s goal of assisting state, local, and tribal efforts to prevent or reduce crime and violence. COPS Office FY 2015 Application Guide: Community Policing Development (CPD) CFDA 16.710 Funding Opportunity Number: COPS-Community-Policing-Development-2015 Eligibility This solicitation is open to all public governmental agencies, profit and nonprofit institutions, institutions of higher education, community groups and faith-based organizations. Proposals should be responsive to the topic selected, significantly advance the field of community policing, and demonstrate an understanding of community policing as it pertains to the application topic. Applications that represent partnerships between law enforcement agencies and institution of higher education and nonprofit institutions are encouraged. Except where otherwise indicated, initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Deadline/Application period The application period for the CPD Program begins May 18, 2015. All applications must be submitted by June 19, 2015, at 7:59 p.m. EDT. Applications submitted after June 19 at 7:59 p.m. will not be considered for funding.Completing an application under the CPD Program is a two-step process. Applicants are first required to register via www.grants.gov and complete an SF-424, submitting it through the Grants.gov website. Once the SF-424 has been submitted via Grants.gov, the COPS Office will send an invitation e-mail to the applicant with instructions on completing the second part of the CPD application through the COPS Office Online Application System (see “Registration” on page 2 and “How to Apply/Application Submission” on page 10). If you have not renewed your COPS Office Account Access information, contact the COPS Office Response Center at AskCopsRC@usdoj.gov or 800-421-6770. An application is not considered submitted until both of these steps are completed. Contact information For technical assistance with submitting the SF-424, call the Grants.gov Customer Service Hotline at 800- 518-4726, send questions via e-mail to support@Grants.gov, or consult the Grants.gov Applicant User Guide at www.grants.gov/documents/19/18243/GrantsgovApplicantUserGuide.pdf. For programmatic assistance with the requirements of this program or with submitting the application through the COPS Office Online Application System, please call the COPS Office Response Center at 800-421-6770 or send questions via e-mail to AskCopsRC@usdoj.gov. 50 COPS Office FY 2015 Application Guide: Community Policing Development (CPD) The COPS Office Application Guide is designed to assist applicants in applying for COPS Office grant programs. This guide includes general information on the administrative and legal requirements governing the COPS Office Community Policing Development Program as well as detailed program-specific information. For more information about COPS Office grants, please call the COPS Office Response Center at 800-421-6770. U.S. Department of Justice Office of Community Oriented Policing Services 145 N Street, NE Washington, DC 20530 Visit the COPS Office Online: www.cops.usdoj.gov Revised May 2015 51 i CONTENTS Community Policing Development (CPD) (CFDA 16.710) Overview ................................1 Community Policing Development description and federal award information ...............1 Registration .....................................................................................2 Deadline: Application ............................................................................3 Eligibility Requirements ..........................................................................3 Program-Specific Information ....................................................................3 Program goals ..............................................................................3 Topic areas .................................................................................4 Length of grant term, maximum federal share, and local share requirements .................7 Federal funding: Allowable and unallowable costs ...........................................7 Monitoring, reporting, and evaluation requirements .........................................8 Performance Measures ...........................................................................9 How to Apply/Application Submission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Obtaining a Data Universal Numbering System (DUNS) number .............................11 Registering with the System for Award Management (SAM) .................................13 Helpful Online Resources ..................................................................13 Geographic Names Information System (GNIS) ID number ..................................14 Deadline/Application period ..............................................................14 Audit requirement .........................................................................14 Civil rights .................................................................................14 Section 508 of the Rehabilitation Act .......................................................14 Awards terms and conditions/Funding restrictions .........................................15 COPS Office Application Attachment to SF-424 ..................................................24 What an application must include ..........................................................24 Section 1. COPS Office program request ....................................................29 Section 2. Agency eligibility information ...................................................29 Section 3. General agency information .....................................................30 Section 4. Executive information ...........................................................31 Section 5. COPS Officer hiring request form—not applicable ................................32 Section 6. Law enforcement and community policing strategy ..............................32 Section 7. Need for federal assistance ......................................................32 Section 8. Continuation of project after federal funding ends ...............................32 Section 9. School safety assessment—not applicable .......................................32 Section 10. Executive summary ............................................................32 Section 11. Project description (narrative) ..................................................32 Section 12. Official partner(s) contact information ..........................................34 Section 13. Application attachments .......................................................34 Section 14. Budget detail worksheets and budget narrative attachments ....................35 Section 15. Assurances and Certifications ...................................................45 Section 16. Disclosure of lobbying activities ................................................45 Section 17. Reviews and certifications ......................................................46 Appendices .....................................................................................47 Appendix A. Glossary of COPS Office program terms ........................................47 Appendix B. Intergovernmental review process, points of contact by state ...................51 Appendix C. Federal Funding Accountability and Transparency Act (FFATA)—Reporting subawards and executive compensation award term ....................................51 52 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide ii Appendix D. System for Award Management and universal identifier award term ............53 Appendix E. Step-by-step instructions for two-part application submission process ..........54 Appendix F. 2 CFR Appendix II to Part 200: Contract provisions for nonfederal entity contracts under federal awards ...................................................................57 Paperwork Reduction Act Notice ................................................................60 About the COPS Office ..........................................................................61 53 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 1 Community Policing Development (CPD) (CFDA 16.710) Overview Community Policing Development description and federal award information This program is authorized under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3796dd et seq., as amended, and the Violent Crime Control and Law Enforcement Act of 1994, Title I, Public Law 103-322. Community Policing Development (CPD) funds are used to advance the practice of community policing in law enforcement agencies through training and technical assistance, the development of innovative community policing strategies, applied research, guidebooks, and best practices that are national in scope. The COPS Office, a federal provider of innovative, customer-focused resources that address the continuing and emerging needs of those engaged in enhancing public safety through community policing, has designed the CPD solicitation to address critical topics in the law enforcement field by building on the principles of community policing. Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. Community policing comprises three key components: 1.Partnerships Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. 2.Organizational transformation The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem solving. 3.Problem solving The process of engaging in the proactive and systematic examination of identified problems to develop and evaluate effective responses. The 2015 CPD program has been established to fund specific projects related to the following topic areas: (1) Microgrant Initiative for Law Enforcement; (2) Critical Response Technical Assistance; (3) Community Policing Emerging Issues Forums; (4) President’s Task Force on 21st Century Policing Field Initiated Projects; (5) Collaborative Reform Initiative Program Evaluation; and (6) Invitational Initiative. There is up to $4 million in CPD funds, and the COPS Office aims to fund numerous projects. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. Funding is limited, and we expect this solicitation to be very competitive. The COPS Office may make some awards from the CPD solicitation in the form of a cooperative agreement, which is the funding instrument used if the COPS Office anticipates ongoing substantial involvement in award activities. Cooperative agreement recipients will be responsible for day-to-day project management but should expect direct oversight and collaboration by the COPS Office in implementing the award. Examples of substantial federal involvement may include, but are not limited to, participating in the selection of key recipient personnel; providing feedback on deliverables before publication; approving all conference-related costs prior to obligation; and redirecting the work as appropriate. Please be advised that a hold may be placed on any application if it is deemed that the applicant agency is not in good standing on other U.S. Department of Justice grants, has other grant compliance issues that would make the applicant agency ineligible to receive COPS Office funding, and/or is not cooperating with 54 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 2 an ongoing compliance investigation regarding a current COPS Office grant award. A hold may also be placed on any application if it is deemed that the applicant agency is not in compliance with federal civil rights laws and/or is not cooperating with an ongoing federal civil rights investigation. Misuse of CPD funds and/or failure to comply with all COPS Office grant requirements may result in suspension or termination of grant funds, the repayment of funds, and/or other remedies available by law. Under the False Claim Act, any credible evidence that a person has submitted a false claim or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving COPS Office funds may be referred to the Office of Inspector General (OIG). The OIG may be contacted at oig.hotline@usdoj.gov, www.usdoj.gov/oig/FOIA/hotline.htm, and 800-869-4499. Registration All FY 2015 CPD applicants are required to have a valid Originating Agency Identifier (ORI) number. The ORI number is assigned by the Federal Bureau of Investigation (FBI) and is your agency’s unique identifier. Please contact the COPS Office Response Center at 800-421-6770 to verify your agency’s ORI number. If you do not have an ORI number, a COPS Office Response Center Specialist will assign one to you for the purpose of tracking your grant application. This is required before you begin your application on Grants.gov. In addition, the Federal Government requires that all applicants for federal grants and cooperative agreements—with the exception of individuals other than sole proprietors—have a Data Universal Numbering System (DUNS) number and be registered in the System for Award Management (SAM) database prior to submitting an application. See section 3: General Agency Information on page 30 of this guide for more information regarding DUNS and SAM. Completing an application under the CPD Program is a two-step process. Applicants are first required to register via www.grants.gov and complete an SF-424, the government-wide application form for federal assistance. If you have not renewed your COPS Office Account Access information, contact the COPS Office Response Center at AskCopsRC@usdoj.gov or 800-421-6770.Once you have registered and submitted your SF-424 through Grants.gov, you will receive an e-mail from the COPS Office within one business day with instructions on completing the second part of the CPD application process, which is the COPS Office Application Attachment to the SF-424 through the COPS Office Online Application System. It is strongly recommended that applicants register immediately on www.grants.gov. In addition, applicants are strongly encouraged to complete the SF-424 and Section 1 on Grants.gov as quickly as possible. Any delays in registering with Grants.gov or submitting the SF-424 may result in insufficient time for processing your application through Grants.gov or the COPS Office Online Application System. Complete application packages for the CPD 2015 solicitation are due by June 19, 2015, at 7:59 p.m. EDT. Hard copies or electronic copies sent via e-mail will not be accepted. For technical assistance with submitting the SF-424, call Grants.gov customer service hotline at 800-518-4726, e-mail support@Grants.gov, or consult the Grants.gov Applicant User Guide at www.grants.gov/documents/19/18243/GrantsgovApplicantUserGuide.pdf. See “How to Apply/ Application Submission” on page 10 of this guide for more information. For technical assistance with submitting the online application via the COPS Office website, please call 800-421-6770 or send questions via e-mail to AskCopsRC@usdoj.gov. See “How to Apply/Application Submission” on page 10 of this guide for more information. 55 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 3 Deadline: Application All completed applications must be submitted by June 19, 2015, at 7:59 p.m. EDT. Please see “How to Apply/Application Submission” on page 10 of this guide for more information. Applications for this program must be submitted in two parts. First, applicants must apply online via www.grants.gov to complete the SF-424. Applicants will then be directed to the COPS Office website (www.cops.usdoj.gov) to complete the second part of the application. Eligibility Requirements The CPD solicitation is open to all public governmental agencies, profit and nonprofit institutions, institutions of higher education, community groups, and faith-based organizations. Proposals should be responsive to the topic selected, significantly advance the field of community policing, and demonstrate an understanding of community policing as it pertains to the application topic. Unless otherwise indicated, initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. This program does not have a local match requirement. For additional information, please contact the COPS Office Response Center at 800-421-6770 or send questions via e-mail to AskCopsRC@usdoj.gov. Program-Specific Information Community Policing Development (CPD) funds are used to advance the practice of community policing in law enforcement agencies through training and technical assistance; the development of innovative community policing strategies; the implementation of demonstration projects; and the development of applied research, guidebooks, and best practices that are national in scope. All awards are subject to the availability of appropriated funds and any modifications or additional requirements that may be imposed by law. This solicitation is being announced as an open competition, and awardees will be expected to begin work immediately upon selection. Funding is limited, and we expect this solicitation to be very competitive. When applying, please be sure to select the most appropriate topic area under which to apply. Please note that applicants may submit multiple applications. Program goals Applicants must identify the goals of the CPD program (advancing the practice of community policing through training and technical assistance; development of innovative community policing strategies; implementation of demonstration projects; development of applied research, guidebooks, and best practices that are national in scope) that will be directly accomplished if funding is awarded. Applicants should consider the following general categories when developing their own specific goals. • Develop knowledge. Develop new knowledge or leverage existing knowledge about community policing activities and strategies that show promise. • Increase awareness. Increase the number of agencies/individuals who are aware of the most effective community policing strategies. • Increase skills/abilities. Increase the skills and/or abilities of law enforcement agencies, relevant stakeholders, and/or individuals to engage in proven community policing practices. 56 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 4 • Increase practice. Increase the number of law enforcement agencies, relevant stakeholders, and/ or individuals using proven community policing practices. • Institutionalize practice. Increase the number of law enforcement agencies, relevant stakeholders, and/or individuals that systematically use and integrate proven community policing strategies as part of their routine business and will continue to engage in these practices for the foreseeable future. Topic areas Applicants are encouraged to present original and innovative proposals that meet the specific project outcomes outlined under each specific topic area. Proposals should be responsive to the selected topic, significantly advance the field of community policing, and demonstrate an understanding of community policing as it pertains to the application topic. Applications that represent partnerships between law enforcement agencies and institution of higher education and nonprofit institutions are encouraged. Unless otherwise indicated, initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. Depending on the quality of applications received and/or the availability of funding, the COPS Office may not fund every topic area in this solicitation. In addition, the COPS Office reserves the right to revise the scope of the project in your application submission and modify the associated budget proposal accordingly. Microgrant Initiative for Law Enforcement The COPS Office anticipates funding approximately 10 awards, with a maximum funding amount of $75,000 per award. The total number of awards will be based on the quality of applications received. The COPS Office is investing directly in state, local, and tribal law enforcement agencies through the Microgrant Initiative to support innovative and experimental work in community policing. The Microgrant Initiative uses practitioner-driven innovations to inform the national practice of community policing by funding law enforcement agencies directly to implement their proposed projects. Law enforcement agencies are invited to propose demonstration or pilot projects that offer creative ideas to advance community policing, such as by addressing the recommendations contained in the Interim Report of the President’s Task Force on 21st Century Policing (task force), which is available at www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf. As applicable, the narrative should clearly identify the task force recommendation(s) to be addressed. Where appropriate, applicants are strongly encouraged to partner with a local researcher (such as those affiliated with a local college or institution of higher education, consulting firm, or independent evaluator) to document the process, outputs, and outcomes and work with the Microgrant Promising Practice Coordinator, although a partnership with a local researcher is not required. The Microgrant Promising Practices Coordinator will work across the 10 Microgrant awardees and their research partners (where applicable) to assist in documenting their project activities and creating resources based on the promising practices resulting from the Microgrant projects and identify appropriate indicators of project success. The Microgrant Promising Practices Coordinator will allow the law enforcement agency microgrant recipients to focus solely on the implementation of their innovative project idea. The project description must provide a background and justification for the initiative, including how it is innovative and replicable; clearly stated goals and objectives; and a project approach with tasks and timeline. 57 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 5 We encourage projects that produce or result in resources (e.g., toolkits, brochures, smartphone apps, webinars, or podcasts) that the COPS Office can disseminate to assist other law enforcement agencies to implement similar innovations. Applicants should detail any plans to sustain the proposed work beyond the award period. The Microgrant Initiative solicitation is open to all state, local, tribal, and/or other law enforcement agencies. Partnerships are highly recommended for this solicitation. NOTE: the project description narrative described under section 11 (to be submitted as an attachment under section 13 of the application) is limited to 10 pages (maximum), double spaced, 12-point font. Critical Response Technical Assistance The COPS Office anticipates funding one or more awards, with a maximum funding amount of $1,000,000. The total funding available under this topic area is $1,000,000, and the total number of awards will be based on the quality of applications received. The award(s) will go to a technical assistance (TA) provider(s) with demonstrated experience in providing substantial technical assistance to law enforcement agencies. The need for technical assistance can come as a result of a high profile event or major incident or could be the result of a longer term issue a department has struggled with and needs technical assistance to resolve. The COPS Office will work closely with the awardee to determine which agencies will receive technical assistance and may conduct an initial analysis to determine the specific needs of the agencies. The COPS Office seeks proposals that demonstrate an applicant’s ability to provide the guidance, support, and logistics that will be required to deliver technical assistance to up to 20 agencies over the course of the award, depending on the required level of assistance of each agency. The applicant must have or develop a cadre of public safety subject matter experts and trainers that can deliver technical assistance on short notice; have experience working with law enforcement; exhibit the flexibility to provide technical assistance to sites on a wide variety of issues; and have a thorough understanding of community policing and other specialized topics. Applicants can propose to provide technical assistance through methods that may include electronic communication strategies, social media outreach, facilitated discussion, peer-to-peer exchanges, onsite technical assistance and training, and other approaches. The resulting deliverable will be a product suitable for distribution that will provide learning opportunities for law enforcement agencies and their communities. As detailed within the section “Federal funding: Allowable and unallowable costs” on page 7, consultant expenses and contracts are required to support goods or services that directly contribute to the implementation or enhancement of the project. Compensation for individual consultant services procured under a COPS Office award must be reasonable and allocable in accordance with Office of Management and Budget (OMB) cost principles and consistent with that paid for similar services in the marketplace. Unless otherwise approved by the COPS Office, independent consultant rates will be approved based on the salary a consultant receives from his or her primary employer, as applicable, up to $550 per day. For consultant or contractor rates that exceed $550 per day, the COPS Office requires written justification if the consultants or contractors are hired through a noncompetitive bidding process, and grantees must receive COPS Office approval of those rates before drawing down award funds. Determinations of approval will be made on a case-by-case basis. The COPS Office recognizes that the unique expertise required to deliver technical assistance under this program may dictate higher consultant rates in order to secure the services of those consultant TA providers. Although the 58 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 6 documentation described above will still be required for requested rates exceeding $550, the COPS Office does consider and may approve rates above that level as long as a sufficient justification is provided within the budget. Community Policing Emerging Issues Forums The COPS Office anticipates funding multiple awards, with a maximum funding amount of $500,000 per award. The total funding available under this topic area is $1,000,000, and the total number of awards will be based on the quality of applications received. The COPS Office recognizes the importance and value of hearing from practitioners and others in the criminal justice arena to gain perspectives on current issues impacting the field in the area of community policing. The purpose of the Community Policing Emerging Issues Forums is to obtain a broad spectrum of experiential and anecdotal information from the field on various topics. Forum attendees share their challenges and successes in various community policing-related subject areas and exchange information and ideas. While advice and recommendations are strictly those of individual(s), each forum should provide professional perspectives on substantive community policing-related issues affecting law enforcement professionals across the United States. Applicants are encouraged to submit applications to provide substantive programmatic, facilitation, and logistical support for a series of meetings. The COPS Office expects that several forums will be larger gatherings with up to 50 participants. Most of the other forums will be smaller, with fewer than 30 participants. The topics of the forums will be identified by the COPS Office, which may include recommendations from the President’s Task Force on 21st Century Policing (interim report available at www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report. pdf) and other current issues affecting law enforcement. The project deliverables resulting from these Emerging Issues Forums should include practitioner- friendly reports that will be based on each meeting and the discussions that took place. Applicants may also choose to supplement some or all deliverables with additional research and information to present a more comprehensive picture of the subject discussed or use other dissemination channels to expand the reach of the forums (webinars, podcasts, etc.). It is expected that participant travel and lodging expenses for up to 20 individuals will be necessary for each meeting. President’s Task Force on 21st Century Policing Field Initiated Projects The COPS Office anticipates funding approximately five awards with a maximum funding amount of $300,000 per award. The total number of awards will be based on the quality of applications received. Applicants are invited to propose projects that offer innovative ideas to advance the recommendations identified by the Interim Report of the President’s Task Force on 21st Century Policing (task force), which is available at www.cops.usdoj.gov/pdf/taskforce/Interim_TF_Report.pdf. Applicants should clearly identify the task force recommendation(s) they are proposing to address in their application narrative. The goal of this topic is to begin implementing the recommendations contained in the task force report. Projects could include demonstration sites, promising practices assessments, guidebook development, and training and technical assistance, among others depending on the specific recommendations being addressed. For any demonstration site projects, the associations, institutions of higher education, or other non-law enforcement organizations that apply should identify state, local, or tribal law enforcement agencies that will participate as project partners, and letters of commitment of these agencies are strongly encouraged, as are subawards to local partners to support demonstration implementation. 59 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 7 Collaborative Reform Initiative Program Evaluation The COPS Office anticipates funding one award with a maximum funding amount of $500,000. Award funding will be based on the quality of applications received. The COPS Office is seeking applicants to conduct an evaluation of the Collaborative Reform Initiative for Technical Assistance (CRI-TA) that will assess implementation in each CRI-TA site in terms of effectiveness and project results. The COPS Office is looking for an evaluator to work across approximately 10 reform sites. The selected evaluator should have the capacity to •manage the administration and analysis of a pre-established COPS Office survey tool across reform sites to track pre-and-post responses to internal agency questionnaires as well as external community surveys using stringent sampling frames and rigorous methodology; •collect and analyze existing site-specific performance measures for success relating to recommendation implementation at each individual site, as well as establish a cross-site framework for broader conclusions in coordination with the COPS Office; •manage multisite surveys as described; •produce a report that summarizes the survey findings, notable impacts of the program across sites, and details or lessons learned from implementation across sites. Applicants should specifically describe how they will achieve these activities in their project description. The evaluator selected under this solicitation will work closely with the COPS Office and CRI-TA’s technical assistance providers to ensure that a comprehensive evaluation plan is implemented. The evaluation should provide evidence as to the impact and effectiveness of the Collaborative Reform Initiative within and across sites. Invitational Initiative This topic area is closed and invitation only under FY 15 Community Policing Development. Length of grant term, maximum federal share, and local share requirements All awards (except where otherwise noted) will have a performance period of two years in duration, and there is no local match required. The COPS Office will review reasonable requests made for no-cost time extensions in the event that all funds granted have not been expended within the grant’s performance period. Extension request notifications will be sent to awardees approximately 90 and 60 days prior to the award end date. Any extensions granted will be for time only and not for additional funding. Please be advised that all extension requests must be received by the COPS Office prior to the official grant award end date. At present, this is a one-time funding opportunity and the COPS Office expects that all items, personnel, and/or training requested will be purchased or hired and the project implemented within the grant period. Federal funding: Allowable and unallowable costs All items requested will be considered on a case-by-case basis during the budget review process. Items under the program must be purchased using the legislative guidelines established by the appropriations legislation that governs this funding. In addition, each item requested must programmatically link to the activities described in your application. To the greatest extent practical, all equipment and products purchased with these funds must be American-made. 60 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 8 NOTE: For awards made to states or units of local government (including law enforcement agencies), requests may be made only for items or positions that are not otherwise budgeted with state, local, or Bureau of Indian Affairs (BIA) funds and would not be funded in the absence of this COPS Office grant (see section IV, “Nonsupplanting requirement”). Fundable requests Costs must meet certain criteria in order to be charged to the Federal Government. Please refer to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.400 et seq., as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101, at www.ecfr. gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl for more information. Each requested budget item must be allowable, necessary, allocable, and reasonable to the project activities. Budget requests may be made in the following categories: • Civilian base salary and fringe benefits • Equipment/Technology • Supplies • Travel/Training • Contracts/Consultants • Other costs • Indirect costs Requests for reimbursement of items purchased or expenses incurred prior to the award start date will not be funded. For more information on allowable and unallowable costs, please refer to the instructions for completing the budget on page 35 of this Guide. Monitoring, reporting, and evaluation requirements Federal law requires that law enforcement agencies receiving federal funding from the COPS Office be monitored to ensure compliance with their award conditions and other applicable statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of grant implementation—compliance and programmatic benefits— are part of the monitoring process coordinated by the U.S. Department of Justice. Grant monitoring activities conducted by the COPS Office include site visits, enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. If awarded funds, you agree to cooperate with and respond to any requests for information pertaining to your award in preparation for any of the above-referenced grant monitoring activities. Awarded agencies will be responsible for submitting Programmatic Progress Reports and Federal Financial Reports on a quarterly basis. In addition, awarded agencies will be responsible for the timely submission of a final Closeout Report and any other required final reports. All COPS Office grantees will be required to participate in such grant monitoring activities of the U.S. Department of Justice, including but not limited to the COPS Office, the Office of the Inspector General, or any entity designated by the COPS Office. 61 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 9 Please note that the COPS Office may take a number of monitoring approaches, such as site visits, enhanced office-based grant reviews, alleged noncompliance reviews, and periodic surveys to gather information and to ensure compliance. The COPS Office may seek information including, but not limited to, your agency’s compliance with nonsupplanting and both programmatic and financial requirements of the grant and your agency’s progress toward achieving your community policing strategy. Program and monitoring specialists as well as auditors are particularly interested in confirming that the purchase of items and/or services is consistent with the applicant’s approved grant budget as reflected on the Financial Clearance Memo and Final Funding Memorandum . Though a formal assessment is not a requirement, awarded agencies are strongly encouraged to conduct an independent assessment of their respective grant-funded projects. Project evaluations have proven to be valuable tools in helping departments identify areas in need of improvement, providing data of successful processes and reducing vulnerabilities. Please feel free to contact your COPS Office Program Manager at 800-421-6770 to discuss any questions or concerns you may have regarding the monitoring, reporting, and evaluation requirements. Performance Measures To assist in fulfilling the U.S. Department of Justice’s responsibilities under the Government Performance and Results Act Modernization Act (GPRAMA) of 2010, P.L. 111-352, grantees who receive funding from the Federal Government must measure the results of work that funding supports. GPRAMA specifically requires the COPS Office and other federal agencies to set program goals, measure performance against those goals, and publicly report progress in the form of funding spent, resources used, activities performed, services delivered, and results achieved. Performance measures for CPD are as follows: Objective Performance Measures Data Grantee Provides Increase the capacity of law enforcement agencies to implement community policing strategies that strengthen partnerships for safer communities and enhance law enforcement’s capacity to prevent, solve, and control crime through funding for personnel, technology, equipment, and training. Extent to which COPS Office grant funding (e.g., officers, equipment, training, technical assistance) has increased your agency’s community policing capacity? Extent to which COPS Office knowledge resources (e.g., publications, podcasts, training) have increased your agency’s community policing capacity? Grantees will rate the effectiveness of the COPS Office funding in increasing community policing capacity. Data will be collected on a periodic basis through grantee progress reports. COPS Office awards target increasing grantee capacity to implement community policing strategies within the three primary elements of community policing: (1) problem solving; (2) partnerships; and (3) organizational transformation. The COPS Office requires all CPD applicants to describe how the personnel, technology, equipment, and/or training requested will assist the applicant in implementing community policing strategies. For more information on community policing, please visit the COPS website at www.cops.usdoj.gov/Default.asp?Item=36. As part of the programmatic progress report, CPD grantees will be required to report on their progress toward implementing community policing strategies. Based on the data collected from grantees, the COPS Office may make improvements to the CPD program to better meet the program’s objective and law enforcement agency needs. 62 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 10 How to Apply/Application Submission Primary Steps Required to Complete Application Complete? If necessary, request an ORI through the COPS Office Response Center at AskCopsRC@usdoj.gov or 800-421-6770. If you have not renewed your COPS Office Account Access information since November 15, 2013, contact the COPS Office Response Center at AskCopsRC@usdoj.gov or 800-421-6770.  Register with Grants.gov/Confirm registration. Obtain a DUNS number/Confirm DUNS number. Register with SAM database/Confirm SAM number. Complete SF-424 on Grants.gov (funding number: COPS-Community-Policing-Development-2015). Upon receipt of an e-mail from the COPS Office confirming successful submission of the SF-424 on Grants.gov, complete the second part of the application on the COPS Office Online Application System.  Electronic submission of the SF-424 via Grants.gov and the COPS Office website Please read the following important information before attempting to submit your application via the COPS Office website: • Completing a CPD application is a two-step process. Applicants are first required to register via www.grants.gov and complete an SF-424. The Grants.gov funding code for this solicitation is COPS- Community-Policing-Development-2015. Once the SF-424 has been submitted, applicants will receive an e-mail from the COPS Office with instructions on completing the second part of the CPD application through the COPS Office Online Application System. If you have not renewed your COPS Office Account Access information, contact the COPS Office Response Center at AskCopsRC@usdoj.gov or 800-421-6770. • It is strongly recommended that applicants register immediately on Grants.gov. In addition, applicants are strongly encouraged to complete the SF-424 as quickly as possible. Any delays in registering with Grants.gov or submitting the SF-424 may result in insufficient time for processing your application through Grants.gov or the COPS Office Online Application System. An application is not considered submitted until you have submitted your SF-424 on Grants.gov and the second part of the application on the COPS Office website. • Confirmation of submission: After completing the second part of the application and clicking “Submit,” applicants will receive a message stating “Your application has been successfully recorded.” The confirmation page will also provide the submission date, ORI, confirmation number, and program type. • For technical assistance with submitting the SF-424, call the Grants.gov Contact Center at 800-518- 4726 or e-mail support@Grants.gov. For assistance with submitting the application through the COPS Office Online Application System, please call the COPS Office Response Center at 800-421- 6770 or send questions via e-mail to AskCopsRC@usdoj.gov. • To apply for funding, applicants must have a DUNS number (DUNS numbers are required of all agencies requesting federal funding) and have an active registration with the System for Award Management (SAM) database. • Applicants must comply with any word and/or field limit requirements described in the COPS Office Application Guide. • Applicants will have the opportunity to print a copy of the application prior to submission and another copy of the application after it has been submitted. Please note that the application package cannot be submitted until all required fields have been completed. Note: If Internet access is not available to print a copy of the application package, contact the Response Center at 800-421-6770 to request that a printed copy be sent to you. 63 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 11 • Applicants will be able to print a copy of the application package only for reference while completing the application online via the COPS Office website. The COPS Office will not accept applications submitted via mail or e-mail. Once the application is completed, applicants will be able to print a complete copy for their files. • Do not wait until the application deadline date to begin the application process through the COPS Office website. The registration steps may take several days to complete, and if you wait until the application deadline date you may be unable to submit your application online. In addition, all applicants are required to maintain current registrations in the System for Award Management (SAM) database. SAM replaces the Central Contractor Registration (CCR) database as the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. DOJ requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. Applicants that were previously registered in the CCR database must at a minimum • create a SAM account; • log in to SAM and migrate permissions to the SAM account (all the entity registrations and records should already have been migrated). Applicants that were not previously registered in the CCR database must register in SAM prior to registering in Grants.gov. Information about SAM registration procedures can be accessed at www.sam.gov. Obtaining a Data Universal Numbering System (DUNS) number The Federal Government requires that all applicants for federal grants and cooperative agreements, with the exception of individuals other than sole proprietors, have a Data Universal Numbering System (DUNS) number prior to application submission. The DUNS number is used to identify related organizations that are receiving funding under grants and cooperative agreements and to provide consistent name and address data for electronic grant application systems. A DUNS number may be obtained by telephone at 866-705-7511 or via the Internet at fedgov.dnb.com/webform. Data Universal Numbering System (DUNS) number • The DUNS number is a unique nine- or thirteen-digit identification number provided by Dun & Bradstreet (D&B). • The DUNS number is site-specific. Therefore, each distinct physical location of an entity (such as branches, divisions, and headquarters) may be assigned a DUNS number. Organizations should try to keep DUNS numbers to a minimum. In many instances, a central DUNS number with a DUNS number for each major division/department/agency that applies for a grant may be sufficient. • You should verify that you have a DUNS number or take the steps needed to obtain one as soon as possible, if there is a possibility you will be applying for future federal grants or cooperative agreements. There is no need to wait until you are submitting a particular application. • If you already have a DUNS number. If you, as the entity applying for a federal grant or cooperative agreement, previously obtained a DUNS number in connection with the federal acquisition process or requested or had one assigned to you for another purpose, you should use that number on all of your applications. It is not necessary to request another DUNS number from D&B. You may request D&B to supply a family-tree report of the DUNS numbers associated with your organization. Organizations should work with D&B to ensure the right information is on the report. Organizations should not establish new numbers, but use existing numbers and update or validate the information associated with the number. 64 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 12 • If you are not sure whether you have a DUNS number, call D&B using the toll-free number 866- 705-5711 and indicate that you are a federal grant applicant or prospective applicant. D&B will tell you if you already have a number. If you do not have a DUNS number, D&B will ask you to provide the information listed below and will immediately assign you a number, free of charge. To Obtain Your DUNS number • The requestor may obtain a DUNS number via the Internet at fedgov.dnb.com/webform. • The requestor may also obtain a DUNS number via telephone at 866-705-5711. The phone is staffed from 8:00 a.m. to 6:00 p.m. (local time of the caller when calling from within the contiguous United States). Calls placed to the above number outside of those hours will receive a recorded message requesting the caller to call back between the operating hours. The process to request a number takes about 5–10 minutes. A DUNS number will be assigned at the conclusion of the call. You will need to provide the following information: • Legal name • Headquarters name and address for your organization • Doing business as (DBA) or other name by which your organization is commonly known or recognized • Physical address, city, state, and zip code • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location Managing your DUNS number • D&B periodically contacts organizations with DUNS numbers to verify that their information is current. Organizations with multiple DUNS numbers may request a free family tree listing from D&B to help determine what branches/divisions have numbers and whether the information is current. Please call the dedicated toll-free DUNS number request line at 866-705-5711 to request your family tree. • D&B recommends that organizations with multiple DUNS numbers have a single point of contact for controlling DUNS number requests to ensure that the appropriate branches/divisions have DUNS numbers for federal purposes. • As a result of obtaining a DUNS number you have the option to be included on D&B’s marketing list that is sold to other companies. If you do not want your name/organization included on this marketing list, request to be delisted from D&B’s marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Obtaining a DUNS number is absolutely free for all entities doing business with the federal government. This includes grant and cooperative agreement applicants or prospective applicants and federal contractors. Be certain to identify yourself as a federal grant applicant or prospective applicant. 65 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 13 Registering with the System for Award Management (SAM) Applicants for all federal grants are required to register with the System for Award Management (SAM). If your organization already has an Employer Identification Number (EIN), your SAM registration will take up to two weeks to process. If your organization does not have an EIN, then you should allow two to five weeks for obtaining the information from the IRS when requesting the EIN via phone, fax, mail, or Internet. Follow the steps listed below to register in the SAM: Step 1. Obtain a DUNS number at www.dnb.com/us/ or call 866-705-5711 Step 2. Access the SAM online registration through the SAM home page at https://www.sam/gov/ and follow the online instructions for new SAM users. Step 3. Complete and submit the online registration. If you already have the necessary information on hand, the online registration takes approximately 30 minutes to complete, depending upon the size and complexity of your business or organization. Please note that organizations must update or renew their SAM registration at least once a year to maintain an active status. To migrate your legacy system user account from Central Contractor Registration (CCR), FedReg, ORCA, or EPLS, you must first create a personal account in SAM by clicking on “Create an Account” on the homepage. An individual account is required to manage entity registrations in SAM. You will not be able to manage your registration unless you create a system account in SAM. Once you validate that you have access to the email address you provided during the registration process and login, you will see a message on the user dashboard (My SAM) that will ask you “Would you like to migrate a legacy system account?” Click “Yes” to begin the migration process. Alternatively, you may click on “Manage My User Roles,” then on “Migrate Legacy Account” link to begin the migration process. The roles you had with the legacy system will be mapped to your SAM account. To update your entity’s SAM registration, follow the next steps: Step 1. Go to the SAM homepage (www.sam.gov), enter your username and password, and then click the “Log In” button. Step 2. Select “Complete Registrations” under Registration/Update Entity in the left navigation pane. Step 3. Select the entity record that you want to update and click the “Update” button. For more details on updating your registration, please refer to the SAM User Guide, available at www. sam.gov. If awarded funds, your agency must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. To review the System for Award Management and Universal Identifier Award Terms, please see appendix D on page 53 of this guide. Helpful Online Resources DUNS Number Information: http://fedgov.dnb.com/webform/displayHomePage.do System for Award Management (SAM): www.sam.gov 66 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 14 Geographic Names Information System (GNIS) ID number The Geographic Names Information System (GNIS) database is maintained by the U.S. Geological Survey, U.S. Department of the Interior. The database assigns a unique, permanent feature identifier, the feature ID, which is the only standard federal key for integrating or reconciling feature data from multiple datasets. To determine your jurisdiction’s feature ID number: •Go to geonames.usgs.gov/ and click on “Search Domestic Names.” •From this screen, you can enter the name of your jurisdiction (for example, “Cleveland”). •Select your state (“Ohio”). •Click “Send Query.” (The results will show that Cleveland, Ohio, is a populated place with a feature ID of 1066654.) •Enter this seven-digit number into your application form. Some jurisdictions may have feature IDs of less than seven digits; for example, American University is a school in the District of Columbia with a Feature ID of 531560. In this case, you should place a “0” in front of the number to ensure that seven digits are entered into the application form (e.g., 0531560). Deadline/Application period The application period for CPD begins May 18, 2015. All applications must be submitted by June 19, 2015, at 7:59 p.m. EDT. Applications submitted after June 19 at 7:59 p.m. will not be considered for funding. Audit requirement Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, 2 C.F.R. § 200.501 et seq., as adopted by the U.S. Department of Justice in 2 C.F.R. §2800.101, establishes the requirements for organizational audits that apply to COPS Office grantees. Grantees must arrange for the required organization-wide (not grant-by-grant) audit in accordance with the requirements of this circular. Please reference Subpart F-Audit Requirements, Part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. Civil rights All recipients of federal awards are required to comply with nondiscrimination requirements contained in various federal laws. A memorandum addressing federal civil rights statutes and regulations from the Office for Civil Rights, Office of Justice Programs will be included in the award package for recipients. All applicants should consult the Assurances form to understand the applicable legal and administrative requirements. Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance with federal civil rights law and/or is not cooperating with an ongoing federal civil rights investigation. Section 508 of the Rehabilitation Act If you are an applicant using assistive technology and you encounter difficulty when applying using the COPS Office online system (www.cops.usdoj.gov), please contact: Donte Turner U.S. Department of Justice, COPS Office 202-616-9427 or Donte.Turner@usdoj.gov 67 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 15 Awards terms and conditions/Funding restrictions The following section describes the compliance terms and conditions that applicants should be aware of before applying to COPS Office programs. The table below further defines which of the legal requirements are applicable to the program for which you are applying. Please review each section carefully. The signatures of the applicant’s Authorized Organizational Representative, Law Enforcement Executive/Program Official, and Government Executive/Financial Official on section 17: Reviews and certifications assure the COPS Office that your agency will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. Key: Y = Yes; N = No; P = Possibly (dependent upon particular agency regulations or items requested) FY 2015 Program CPD I. Assurances Y II. Certifications Y III. Disclosure of Lobbying Activities P IV. Nonsupplanting Y V. Procurement and Sole Source Justification P VI. Criminal Intelligence Systems/28 C.F.R. Part 23 N VII. Certification to Mitigate Possible Adverse Health, Safety, and Environmental Impacts P VIII. Community Policing Self-Assessment Tool (CP-SAT)N IX. System for Award Management (SAM) and Universal Identifier Requirements Y X. Federal Funding Accountability and Transparency Act (FFATA) Reporting Subaward and Executive Compensation Information P XI. Contract Provisions under Federal Award Y XII. Prior Approval, Planning, and Reporting of Conferences/Meetings/Training Costs Y XIII. Curriculum Development Y XIV. Internal Confidentiality Agreements Y XV. Mandatory Disclosure Y I. & II. Assurances & Certifications (also refer to section 15 on page 45 of this application guide and Standard Application forms.) Applicants to COPS Office programs are required to sign the standard Assurances and Certifications forms. Signing these documents assures the COPS Office that you have read and understood and that you accept the grant terms and conditions as outlined in the Assurances and Certifications. Please read these documents carefully, as signatures on these documents are treated as material representation of fact upon which reliance will be placed when the U.S. Department of Justice determines to award the covered grant. III. Disclosure of Lobbying Activities (also refer to section 16 on page 45 of this application guide and Standard Application forms.) This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action or a material change to a previous filing, pursuant to title 31 U.S.C. § 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member 68 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 16 of Congress in connection with a covered federal action. Complete all items that apply for both the initial filing and material change reports. Refer to the implementing guidance published by the Office of Management and Budget for additional information. If this applies to your agency, you are required to complete the disclosure form in section 16 of the application. If you need to complete and submit additional forms, please complete and submit them as attachments to your application online. IV. Nonsupplanting requirement COPS Office funds awarded to states or units of local government (including law enforcement agencies) may not be used to supplant (replace) state, local, or Bureau of Indian (BIA) funds that would, in the absence of federal aid, be made available for the purpose of the award. Instead, COPS Office funds must be used to supplement (increase) the total amount of funds that would otherwise be made available for the award purposes. A recipient may not use COPS Office funds to pay for any item or costs associated with this request that the recipient is already obligated to pay. Funds allocated to pay for law enforcement costs irrespective of the award may not be reallocated to other purposes or refunded should a COPS Office grant or cooperative agreement be awarded. Nonfederal funds must remain available for and devoted to that purpose, with COPS Office funds supplementing those nonfederal funds. Funding awarded cannot be obligated until after the grant award start date (unless an exception is authorized in writing by the COPS Office). This means that COPS Office funds cannot be applied to any agency cost incurred prior to the award start date. The possibility of supplanting will be the subject of careful application review, possible pre-award review, and post-award monitoring and audit. Any supplanting of nonfederal funds by COPS Office funds may be grounds for potential suspension or termination of grant funding, recovery of misused funds, and/or other applicable legal sanctions. If you have questions concerning the nonsupplanting requirement while completing this application, please contact the COPS Office Response Center at 800-421-6770 or AskCopsRC@usdoj.gov for further information. V. Procurement and sole source justification—if applicable Sole source or procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source. Sole source procurements must adhere to the standards set forth in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.318, as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. For the purchase of equipment, technology, or services under a COPS Office award, grant recipients must follow their own policies and procedures on procurement as long as those requirements conform to the federal procurement requirements set forth in 2 C.F.R. § 200.320 as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. A sole source justification request should be submitted if a grant recipient determines that the award of a contract through a competitive process is infeasible. If a recipient determines that the award of a contract through a competitive process is infeasible, and if one of the following circumstances applies—(1) the item or service is available only from one source; (2) the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; (3) competition is determined inadequate after solicitation of a number of sources; or (4) based on one or more of the circumstances above, the COPS Office expressly authorizes 69 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 17 noncompetitive proposals in response to a written request from the law enforcement entity—the grant recipient must seek written authorization from the COPS Office for sole source procurements in excess of $150,000. Written approval for sole source procurements from the COPS Office must be received prior to purchasing equipment, technology or services; obligating funding for a contract; or entering into a contract with grant funds. Requests for sole source procurements of equipment, technology, or services in excess of $150,000 must be submitted to the COPS Office in writing certifying that the award of the contract through full and open competition is infeasible. The sole source request must be prepared on department letterhead. The request should also include the following information: Section I – A brief description of the project, the amount to be designated for the sole source procurement, and the purpose of the contract. Section II – A statement identifying which one (or more) of the four circumstances identified below apply to the procurement transaction and an explanation as to why it is necessary to contract in a noncompetitive manner. Include supporting information as identified below under the applicable section(s). 1. The item or service is available only from one source. • Uniqueness of items or services to be procured from the proposed contractor or vendor (compatibility, patent issues, etc.) • How the agency determined that the item or service is only available from one source (market survey results, independent agency research, patented or proprietary system, etc.) • Explanation of need for contractor’s expertise linked to the current project (knowledge of project management, responsiveness, experience of contractor personnel, prior work on earlier phases of project, etc.) • Any additional information that would support the case 2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation. • When the contractual coverage is required by your department and why • Impact on project if deadline dates are not met • How long it would take an alternate contractor to reach the same required level of competence (equate to dollar amounts, if desired) • Any additional information that would support the case 3. Competition is determined inadequate after solicitation of a number of sources. • Results of a market survey to determine competition availability; if no survey is conducted, please explain why not • Any additional information that would support the case 4. The COPS Office expressly authorizes noncompetitive proposals in response to a written request from the law enforcement entity when one or more of the above circumstances apply. 70 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 18 Section III – A declaration that this action or choice is in the best interest of the agency. Upon receipt of the request for sole source authorization, the COPS Office will review to determine if competition is infeasible, and your agency will be contacted if any of the identified information is missing or if additional supporting information is required. If the COPS Office determines that the request does not meet the standards set forth above, the request will be denied. Please be advised that conflicts of interest are prohibited under the procurement standards set forth in 2 C.F.R. § 200.318 as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. If you have any questions regarding the federal requirements that guide procurement procedures, please contact your COPS Office Grant Program Specialist at 800-421-6770. VI. Criminal Intelligence Systems/28 C.F.R. Part 23 compliance—if applicable If your agency is receiving COPS Office funding for equipment or technology that will be used to operate an interjurisdictional criminal intelligence system, you must agree to comply with the operating principles found at 28 C.F.R. Part 23. An interjurisdictional criminal intelligence system is generally defined as a system that receives, stores, analyzes, and exchanges or disseminates data regarding ongoing criminal activities (such activities may include, but are not limited to, loan sharking, drug or stolen property trafficking, gambling, extortion, smuggling, bribery, and public corruption) and shares this data with other law enforcement jurisdictions. 28 C.F.R. Part 23 contains operating principles for these interjurisdictional criminal information systems which protect individual privacy and constitutional rights. If you are simply using the COPS Office funds to operate a single agency database (or other unrelated forms of technology) and will not share criminal intelligence data with other jurisdictions, 28 C.F.R. Part 23 does not apply to this grant. VII. Certification to mitigate possible adverse health, safety, and environmental impacts—if applicable The National Environmental Policy Act (NEPA) of 1969, as amended (Pub. Law 91-190; 42 U.S.C. § 4321 et seq.), establishes a national goal of protecting the environment. NEPA’s requirements apply to federal projects, decisions, or actions, including grants in aid that might have a significant impact on the quality of the human environment. For example, renovation and construction projects initiated by state or local law enforcement agencies with grant funding from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) are subject to NEPA. These projects are usually also subject to related environmental impact review and consultation provisions within the following environmental statutes and executive orders: Coastal Zone Management Act; Coastal Barrier Resources Act; Clean Air Act; Safe Drinking Water Act; Federal Water Pollution Control Act; Endangered Species Act; Wild and Scenic Rivers Act; National Historic Preservation Act; Farmland Protection Policy Act; and executive orders related to protection of wetlands, floodplain management, and environmental justice. It is the COPS Office’s policy to minimize harm to the environment, and we may reject proposals or encourage the modification of projects which have adverse environmental impacts. No grant funds may be awarded and/or expended for a specific construction proposal until an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) has been completed and the COPS Office has issued a Finding of No Significant Impact (FONSI) or has approved the EIS. VIII. Community Policing Self-Assessment Tool (CP-SAT)—not applicable under CPD 71 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 19 IX. System for Award Management (SAM) and Universal Identifier requirements Unless you are exempted from this requirement under 2 C.F.R. § 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration and more frequently if required by changes in your information or other award term. To review the System for Award Management and Universal Identifier Award Term, please see appendix D. X. Federal Funding Accountability and Transparency Act (FFATA)—Reporting subaward and executive compensation information The Federal Funding Accountability and Transparency Act of 2006 (FFATA) requires, among other things, that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASpending.gov. Applicants should note that all recipients of awards of $25,000 or more under this solicitation, consistent with FFATA, will be required to report award information on any first-tier subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients. If applicable, the FFATA Subaward Reporting System (FSRS), accessible via the Internet at www.fsrs.gov, is the reporting tool recipients under this solicitation will use to capture and report subaward information and any executive compensation data required by FFATA. The subaward information entered in FSRS will then be displayed on www.USASpending.gov, associated with the prime award, furthering federal spending transparency. Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the applicable reporting requirements should it receive funding. To review the Reporting Subaward and Executive Compensation Award Term, please see appendix C. XI. Contract provisions under federal award All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Appendix II to part 200 (Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101. For the full text of 2 CFR Appendix II to Part 200, please refer to appendix F on page 57 of this application guide. XII. Prior approval, planning, and reporting of conference/meetings/training costs—if applicable If awarded funds, award recipients will be required to obtain written approval from the COPS Office prior to entering into any contract, agreement, or other obligation for costs related to any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award. For more information on allowable costs, please visit www.ojp.gov/funding/confcost.htm. XII. Curriculum development—if applicable If awarded funds, award and developing training recipients will be required to follow the COPS Office curriculum standards, review, and approval guide and COPS Office instructor quality assurance guide if developing training curriculum or delivering training under this cooperative agreement. A copy of these guides will be supplied to you by your COPS Office Program Manager. XIII. Internal confidentiality agreements If awarded funds, recipients will be required to agree that they do not require their employees or contractors to sign internal confidentiality agreements or statements preventing them from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information.  72 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 20 XIV. Mandatory disclosure If awarded funds, recipients and subrecipients will be required to timely disclose in writing to the COPS Office or pass- through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.338 as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101.  Application review information The COPS Office is committed to ensuring a fair and open process for making awards. The COPS Office will review the application to make sure that the information presented is reasonable, understandable, measurable, achievable, and consistent with the solicitation. This review will also assess whether costs are reasonable, necessary, and allocable under applicable federal cost principles and agency regulations. The financial review will be conducted by the COPS Office staff or in collaboration with the peer review process. CPD applications for most program types (not Invitational) will be evaluated based on the following merit criteria, which the applicant addresses in their application, project description, budget narrative, budget worksheets, and other attachments: • Topic and program outcome identification and justification • Program goals • Strategy to achieve program outcomes and goals • Capacity and experience • Management and implementation plan • Evaluation plan/Effectiveness of program • Budget CPD applications that meet eligibility and basic minimum requirements will be evaluated and ranked by peer reviewers. In order to pass the basic minimum requirements review, an applicant must be an eligible organization as stated under the topic description; must respond to the solicitation description; must be at or below the maximum budget amount; and, if applicable, must address at least one or more task force recommendations. If an application fails to meet the basic minimum requirements, it will not advance to the consensus peer review phase. Peer reviewers will be asked to review applications keeping in mind that the purpose of the CPD program is to advance the practice of community policing in law enforcement agencies through training and technical assistance, the development of innovative community policing strategies, applied research, guidebooks, and promising practices. Reviewers will be asked to evaluate the following: • The applicant’s ability to identify specific goals that will be directly accomplished if funding is awarded and their strategies to achieve those outcomes and goals. • The applicant’s experience and capacity to accomplish their stated goals will be considered in the review. Depending on the CPD topic area and described project goals, the evaluation of the applicant’s experience may include their ability to conduct a substantive programmatic meeting, produce practitioner friendly reports, facilitate meetings or forums of varying sizes with law enforcement professionals, and produce curriculum or deliver effective training on a specified topic. • The applicant’s demonstrated understanding of the principles of community policing and the needs of law enforcement practitioners. 73 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 21 • The applicant’s plan and demonstrated capacity to effectively implement their proposed project and communicate their results. • The applicant’s budget worksheets and budget narrative to assess if the cost items are complete, allowable, cost effective, and justified based on the proposed project outcomes and goals. Peer reviewers’ ratings and any resulting recommendations are advisory only, although their views are considered carefully. Prior to award, applications for potential awards will receive a financial integrity review to evaluate the fiscal integrity and financial capability of applicants and to examine proposed costs and the extent to which the budget detail worksheet and narrative accurately supports and explains project costs. This review will also assess whether costs are reasonable, necessary, and allocable under applicable federal cost principles and agency regulations. This financial review will be conducted by the COPS Office staff. Past performance on previous awards may be in an indicator in this review process. Financial and programmatic performance factors may be included in the past performance review. Absent explicit statutory authorization or written delegation of authority to the contrary, all final award decisions will be made by the Director of the COPS Office, who may also give consideration to factors including, but not limited to, underserved populations, population served, geographic diversity, strategic priorities, past performance, risk and available funding when making awards. Review process for Community Policing Development—Invitational topic area This topic area is closed and invitation only. The COPS Office reviews applications to make sure that the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the invitation to apply and any associated program(s). The COPS Office reviews Community Police Development—Invitational applications for potential discretionary awards to evaluate the risks posed by applicants before they receive an award. This review may include, but is not limited to, the following: • Financial stability and fiscal integrity • Quality of management systems and ability to meet the management standards prescribed in the financial guide • History of performance • Reports and findings from audits • The applicant’s ability to effectively implement statutory, regulatory, or other requirements imposed on nonfederal entities • Proposed costs to determine if the budget detail worksheet and budget narrative accurately explain project costs and whether those costs are reasonable, necessary, and allowable under applicable federal cost principles and agency regulations All final award decisions will be made by the Director of the COPS Office, who may consider factors including, but not limited to, underserved populations, geographic diversity, strategic priorities, past performance under prior COPS Office awards, and available funding when making awards. 74 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 22 Federal award administration information Federal award notices Award notification will be sent electronically. To officially accept and begin your award, your agency must access www.cops.usdoj.gov and select the “Account Access” link in the upper right corner to log in, review, and electronically sign the award document (including award terms and conditions) and, if applicable, the special award conditions or high risk conditions within 90 days of the date shown on the award congratulatory letter, unless an extension is requested and granted. Your agency will not be able to draw down award funds until the COPS Office receives your signed award document. For more information please contact the COPS Office Response Center at 800-421- 6770. The award document—sample text The award document is the document indicating your official grant/cooperative agreement funding amount, the grant/cooperative agreement number, the terms and conditions, and the award start and end dates. The award document is preprinted with your agency’s law enforcement and government executives’ names. If this information is incorrect or has changed, please update your “Agency Contacts” online at www.cops.usdoj.gov through the “Account Access” link. If the law enforcement or government official has changed since the time of application, please have the current law enforcement executive or government executive for your agency create an account through the “Account Access” link, log in, and sign the award document once your agency contacts have been updated online. Once you have reviewed your award document, please electronically sign it and make a copy of all pages of the document for your records, along with all award condition pages, within 90 days of the date shown on the award congratulatory letter. The award start date indicated on the award document/cooperative agreement means that your agency may be reimbursed for any allowable costs incurred on or after this date. The duration of your Community Policing Development award is two years. Your grant/cooperative agreement number is in the following format: 2015-CKWXK-0000 or 2015-CRWXK-0000 for grants/cooperative agreements awarded in FY 2015. The COPS Office tracks award information based upon this number. Therefore, it is important to have your agency’s grant/ cooperative agreement number (or your agency’s ORI number) readily available when corresponding with the COPS Office. Your originating agency identifier (ORI) number begins with your state abbreviation followed by five numbers or letters (e.g., VA00000). This number is assigned by the Federal Bureau of Investigation (FBI) for use in tracking information for the Uniform Crime Report (UCR). The COPS Office tracks programmatic grant information based upon this ORI number. If your agency does not have an ORI number assigned by the FBI, the COPS Office assigns a nonofficial ORI code to use as an agency identifier (in such cases, the last two characters will be “ZZ”). If you have any questions regarding your grant, please refer to your grant number or your agency’s ORI number when you contact the COPS Office. The award conditions are listed on your agency’s award document. By accepting this award, you are obtaining federal funds from the COPS Office. As part of that agreement, if awarded funds, your agency will acknowledge that it will comply with these conditions (and, if applicable, additional special conditions specific to your agency). 75 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 23 In limited circumstances, your award may be subject to special conditions that prevent your agency from drawing down or accessing grant funds until the special conditions are satisfied as determined by the COPS Office. Any special conditions will be included with your award. Administrative and national policy requirements If selected for funding, in addition to implementing the funded project consistent with the approved project proposal and budget, the recipient must comply with award terms and conditions and other legal requirements including, but not limited to, OMB, DOJ, or other federal regulations which will be included in the award or incorporated into the award by reference or are otherwise applicable to the award. Please see general terms and conditions on page 15. Reporting If awarded, all award recipients will be required to electronically submit their financial reports using the SF-425 form by the 30th day following the end of each calendar quarter, and a final report is due 90 days following the grant award end date. Grantees who do not submit SF-425 reports by the due date will be unable to draw down funds. In addition, if awarded funds, all award recipients will be required to electronically submit quarterly progress reports and a final progress report. The COPS Office will notify the award recipient when the progress report is due and provide instructions for submission. Suspension or termination of funding The COPS Office may suspend, in whole or in part, or terminate funding or impose other sanctions on a grantee for the following reasons: • Failure to substantially comply with the requirements or objectives of the Public Safety Partnership and Community Policing Act of 1994, program guidelines, or other provisions of federal law • Failure to make satisfactory progress toward the goals or strategies set forth in this application • Failure to adhere to grant agreement requirements or special conditions • Proposing substantial plan changes to the extent that, if originally submitted, would have resulted in the application not being selected for funding • Failure to submit required or requested reports • Filing a false statement or certification in this application or other report or document • Other good cause shown Prior to imposing sanctions, the COPS Office will provide reasonable notice to the grantee of its intent to impose sanctions and will attempt to resolve the problem informally. Appeal procedures will follow those in the U.S. Department of Justice regulations in 28 C.F.R. Part 18. False statements or claims made in connection with COPS Office grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any other remedy available by law. Please be advised that grantees may not use COPS Office funding for the same item or service also funded by an Office of Justice Programs (OJP) award. 76 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 24 COPS Office Application Attachment to SF-424 What an application must include Required application documents and sections for Community Policing Development Listed below is a chart that shows the required documentation that must be completed and submitted for your CPD Program application to be considered complete. Failure to submit all required documentation at the time of the application may delay processing and/or result in the denial of your application. Unless otherwise noted, each section listed must be completed in its entirety. You can use this chart as an application checklist to ensure you have met all of the necessary requirements. Application Documents and Sections Required? Yes, No, or Possible Completed? Standard Form 424 (to be completed on Grants.gov)Yes  COPS Office Application Attachment to SF-424 (to be completed via COPS Office Online Application System) Yes  Section 1. COPS Office Program Request Yes  Section 2. Agency Eligibility Information Yes  Section 3. General Agency Information Yes  Section 4. Executive Information Yes  Section 5. COPS Office Hiring Request Form No  Section 6. Law Enforcement and Community Policing Strategy Yes (section 6A only) Section 7. Need for Federal Assistance Yes (section A only) Section 8. Continuation of Project after Federal Funding Ends Yes (section B only) Section 9. School Safety Assessment No  Section 10. Executive Summary Yes  Section 11. Project Description (Narrative)No (submitted under section 13)  Section 12. Official Partner(s) Contact Information Possible  Section 13. Application Attachments Project narrative (required) Key vitae/staff resumes (required) Budget narrative (required) Indirect cost rate agreement (if applicable) Sole source justification (if applicable) Consultant rate justification (if applicable) Yes  Section 14. Budget Detail Worksheets Yes  A. Part 1. Sworn officer positions No  Part 2. Sworn officer salary information No  Part 3. Federal/Local share costs (hiring)No  B. Civilian/Nonsworn personnel Possible  77 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 25 C. Equipment/Technology Possible  D. Supplies Possible  E. Travel/Training Possible  F. Contracts/Consultants Possible  G. Other costs Possible  H. Indirect cots Possible  Budget summary Yes  Section 15. Assurances and Certifications A. Assurances B. Certifications Yes  Section 16. Disclosure of Lobbying Activities Possible  Section 17. Reviews and Certifications Yes  Instructions: Application for Federal Assistance SF-424 Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. The Instructions for the Application for Federal Assistance SF-424 on page 24 is a standard form (including the continuation sheet) required for use as a cover sheet for submission of pre-applications and applications and related information under discretionary programs. Some of the items are required and some are optional at the discretion of the applicant or the federal agency (agency). Required items are identified with an asterisk on the form and are specified in the instructions below. In addition to the instructions provided below, applicants must consult agency instructions to determine specific requirements. 1. Type of Submission (required). Select one type of submission in accordance with agency instructions. • Pre-application • Application • Changed/corrected application—If requested by the agency, check if this submission is to change or correct a previously submitted application. Unless requested by the agency, applicants may not use this to submit changes after the closing date. 2. Type of Application (required). Select one type of application in accordance with agency instructions. • New—An application that is being submitted to an agency for the first time. • Continuation—An extension for an additional funding/budget period for a project with a projected completion date. This can include renewals. 78 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 26 • Revision—Any change in the Federal Government’s financial obligation or contingent liability from an existing obligation. If a revision, enter the appropriate letter(s). More than one may be selected. If “other” is selected, please specify in text box provided. Increase award Decrease award Increase duration Decrease duration Other (specify) 3. Date Received. Leave this field blank. This date will be assigned by the federal agency. 4. Applicant Identifier. Enter the entity identifier assigned by the federal agency, if any, or the applicant’s control number if applicable. 5a. Federal Entity Identifier. Enter the number assigned to your organization by the federal agency, if any. 5b. Federal Award Identifier. For new applications, leave blank. For a continuation or revision to an existing award, enter the previously assigned federal award identifier number. If a changed/ corrected application, enter the federal identifier in accordance with agency instructions. 6. Date Received by State. Leave this field blank. This date will be assigned by the state, if applicable. 7. State Application Identifier. Leave this field blank. This identifier will be assigned by the state, if applicable. 8. Applicant Information. Enter the following in accordance with agency instructions: a. Legal name (required). Enter the legal name of the applicant who will undertake the assistance activity. This is what the organization has registered with the System for Award Management. Information on registering with SAM may be obtained by visiting the Grants.gov website. b. Employer/Taxpayer number (EIN/TIN) (required). Enter the Employer or Taxpayer Identification Number (EIN or TIN) as assigned by the Internal Revenue Service. If your organization is not in the United States, enter 44-4444444. c. Organizational DUNS (required). Enter the organization’s DUNS or DUNS+4 number received from Dun and Bradstreet. Information on obtaining a DUNS number may be obtained by visiting the Grants.gov website. d. Address. Enter the complete address as follows: Street address (line 1 required), City (required), County, State (required, if country is United States), Province, Country (required), ZIP/Postal Code (required, if country is United States). e. Organizational Unit. Enter the name of the primary organizational unit (and department or division, if applicable) that will undertake the assistance activity, if applicable. f. Name and contact information of person to be contacted on matters involving this application (required) and organizational affiliation (if affiliated with an organization): Enter the name (first and last name, then the application organization), telephone number (required), fax number, and e-mail address (required) of the person to contact on matters related to this application. 79 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 27 9. Type of Applicant (required). Select up to three applicant type(s) in accordance with agency instructions. A. State government B. County government C. City or township government D. District government E. Organization F. U.S. Territory or possession G. Independent school district H. Public/state controlled institution of higher education I. Indian/Native American Tribal Government (federally recognized) J. Indian/Native American Tribal Government (other than federally recognized) K. Indian/Native American tribally designated organization L. Public/Indian housing authority M. Nonprofit N. Nonprofit O. Private institution of higher education P. Individual Q. For-profit organization (other than small business) R. Small business S. Hispanic-serving institution T. Historically Black colleges and universities (HBCU) U. Tribally controlled colleges and universities (TCCU) V. Alaska Native and Native Hawaiian serving institutions W. Nondomestic (non-U.S.) entity X. Other (specify) 10. Name of Federal Agency (required). Enter the name of the federal agency from which assistance is being requested with this application. 11. Catalog of Federal Domestic Assistance Number/Title. Enter the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested, as found in the program announcement, if applicable. 12. Funding Opportunity Number/Title (required). Enter the Funding Opportunity Number and title of the opportunity under which assistance is requested, as found in the program announcement. 13. Competition Identification Number/Title. Enter the Competition Identification Number and title of the competition under which assistance is requested, if applicable. 80 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 28 14. Areas Affected by Project. List the areas or entities using the categories (e.g., cities, counties, states) specified in agency instructions. Use the continuation sheet to enter additional areas, if needed. 15. Descriptive Title of Applicant’s Project (required). Enter a brief descriptive title of the project. If appropriate, attach a map showing project location (e.g., construction or real property projects). For pre-applications, attach a summary description of the project. 16. Congressional Districts Of (required). 16a. Enter the applicant’s congressional district, and 16b. Enter all district(s) affected by the program or project. Enter in the format: • Two-character state abbreviation Three-character district number e.g., CA-005 for California 5th district, CA-012 for California 12th district, NC-103 for North Carolina 103rd district • If all congressional districts in a state are affected, enter “all” for the district number, e.g., MD-all for all congressional districts in Maryland. • If nationwide, i.e., all districts within all states are affected, enter U.S.-all. • If the program/project is outside the United States, enter 00-000.17. Proposed Project Start and End Dates (required). Enter the proposed start date and end date of the project.18. Estimated Funding (required). Enter the amount requested or to be contributed during the first funding/budget period by each contributor. Value of in-kind contributions should be included on appropriate lines, as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decreases, enclose the amounts in parentheses.19. Is Application Subject to Review by State under Executive Order 12372 Process? Applicants should contact the state single point of contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the state intergovernmental review process. Select the appropriate box. If “a” is selected, enter the date the application was submitted to the state.20. Is the Applicant Delinquent on Any Federal Debt? (required) Select the appropriate box. This question applies to the applicant organization, not to the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans, and taxes. If yes, include an explanation on the continuation sheet.21. Authorized Representative (required). To be signed and dated by the authorized representative of the applicant organization. Enter the name (first and last name required), title (required), telephone number (required), fax number, and e-mail address (required) of the person authorized to sign for the applicant. A copy of the governing body’s authorization for you to sign this application as the official representative must be on file in the applicant’s office. (Certain federal agencies may require that this authorization be submitted as part of the application.) 81 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 29 Section 1. COPS Office program request Please ensure that the correct program name is displayed for the funding opportunity code for which you are applying; for example, Community Policing Enhancement (COPS-CPD-2015-1). If you plan to apply under more than one topic area, you must submit a separate application for each proposal. Please ensure that you read, understand, and agree to comply with the applicable terms and conditions as outlined in this application guide before finalizing your selections. Your agency must maintain copies of the records used in this application submission for a minimum of three years following the date of the last official federal action taken on the grant/cooperative agreement for future review in the event of a site visit, audit, or other request. Data used must be data that was recorded in official records. Please do not submit any confidential data or reports with your application. Applicants for the CPD program must select one CPD topic area from the drop down menu: (1) Microgrant Initiative for Law Enforcement; (2) Critical Response Technical Assistance; (3) Community Policing Emerging Issues Forums; (4) President’s Task Force on 21st Century Policing Field Initiated Projects; (5) Collaborative Reform Initiative Program Evaluation; or (6) Invitational Initiative. If Community Policing Development is selected, there will be two additional questions that require you to check the appropriate box and provide the applicable information. A. Invitational Initiative: Please select either yes or no depending if you have received an invitation to apply from the COPS Office with a code. If you have, please enter the code in A2 as instructed. B. Research & Development (R&D): Please select “Yes” if any part of your project could be considered R&D or “No” if no portion of your award would support R&D as defined below: R&D means all research activities, both basic and applied, and all development activities that are performed by nonfederal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. ”Research” is defined as a systematic study directed toward fuller scientific knowledge or understanding of the subject studied. ”Development” is the systematic use of knowledge and understanding gained from research directed toward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes. Section 2. Agency eligibility information The CPD Program is open to all public governmental agencies, profit and nonprofit institutions, institutions of higher education, community groups, and faith-based organizations. Proposals should be of national relevance, significantly advance the field of community policing, and demonstrate an understanding of community policing as it pertains to the application topic. Initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. Before proceeding with this application, we ask that you please log onto the COPS Office Agency Portal to update the agency providing law enforcement services as your law enforcement executive/agency executive information. This information will be prepopulated from the COPS Office Agency Portal in section 4 of this application, so please ensure its accuracy. 82 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 30 Section 3. General agency information Please provide accurate agency information, as this information is used to identify your agency and may be used, along with other data collected, to determine funding eligibility. A. Applicant ORI number The ORI number is assigned by the FBI and is your agency’s unique identifier. The COPS Office uses the first seven characters of this number. The first two letters are your state abbreviation, the next three numbers are your county’s code, and the next two numbers identify your jurisdiction within your county. If you do not currently have an ORI number, the COPS Office will assign one to your agency for the purpose of tracking your grant. ORI numbers assigned to agencies by the COPS Office may end in “ZZ.” B. Applicant Data Universal Numeric System (DUNS) number The Federal Government requires that all applicants for federal grants and cooperative agreements, with the exception of individuals other than sole proprietors, have a Data Universal Numbering System (DUNS) number prior to application submission. A DUNS number is a unique nine- or thirteen-digit sequence recognized as the standard identifier for entities receiving federal funds and provides consistent name and address data for electronic grant application systems. A DUNS number may be obtained by telephone at 866-705-7511 or via the Internet at fedgov.dnb.com/webform. For more information about how to obtain a DUNS number, please refer to the “How to Apply” section of this application guide. C. System for Award Management (SAM) The System for Award Management (SAM) database is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. The Federal Government requires that all applicants of federal grant funds and cooperative agreements— with the exception of individuals other than sole proprietors—be registered in the database prior to application submission. Please contact the SAM Service Desk at 866-606-8220 or view/ update your registration information at www.sam.gov. If your SAM registration is set to expire prior to September 30, 2015, please renew your SAM registration prior to completing this application. All applicants are required to maintain current registrations in the SAM database. Please note that applicants must update or renew their SAM at least once per year to maintain an active status. For more information about how to register with SAM, please refer to the “How to Apply” section of this application guide. D. Geographic Names Information System (GNIS) identification number The Geographic Names Information System (GNIS) Identification Number is a unique ID assigned to all geographic entities by the U.S. Geological Survey. To look up your GNIS Feature ID, please visit geonames.usgs.gov/domestic/index.html. For more information about how to obtain a GNIS number, please refer to the “How to Apply” section of this application guide. E. Cognizant Federal Agency A Cognizant Federal Agency, generally, is the federal agency from which your jurisdiction receives the most federal funding. Your Cognizant Federal Agency also may have been previously designated by the Office of Management and Budget. Applicants that have never received federal funding should select the “U.S. Department of Justice” as the Cognizant Federal Agency. 83 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 31 F. Fiscal year Enter the month, day, and year of the legal applicant’s fiscal year. G. Law enforcement agency sworn force information—not applicable H. Civilian staffing—not applicable I. U.S. Department of Justice and other federal funding Applicants are required to disclose whether they have pending applications for federally funded assistance or active federal grants that support the same or similar activities or services for which grant funding is being requested under this application. Be advised that COPS Office grant funding may not be used for the same item or service funded through another funding source. However, leveraging multiple funding sources in a complementary manner to implement comprehensive pro-grams or projects is encouraged and is not seen as inappropriate. To aid the COPS Office in the prevention of awarding potentially duplicative funding, please indicate whether your agency has a pending application and/or an active grant with any other federal funding source (e.g., direct federal funding or indirect federal funding through State subawarded federal funds) which supports the same or similar activities or services as being proposed in this COPS Office application. Using the check boxes provided in the application, check all that apply. Section 4. Executive information Applicant executive/agency executive information This section will be prepopulated from the information listed in your COPS Office Agency Portal account. If this information is no longer correct, please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance, please call the COPS Office Response Center at 800-421-6770. A. For law enforcement agencies Enter the law enforcement executive’s name and contact information. This is the highest ranking law enforcement official within your jurisdiction (e.g., chief of police, sheriff, or equivalent). B. For non-law enforcement agencies Enter the highest ranking individual in the applicant agency (e.g., CEO, president, chairperson, director, or equivalent) who has the authority to apply for this grant on behalf of the applicant agency. If the grant is awarded, the individual in this position will ultimately be responsible for the programmatic implementation of the award. Government executive/Financial official information This section will be prepopulated from the information listed in your COPS Office Agency Portal account. If this information is no longer correct, please log in to your COPS Office Agency Portal account and make the necessary corrections before proceeding with this application. For assistance, please call the COPS Office Response Center at 800-421-6770. A. For government agencies Enter the government executive’s name and contact information. This is the highest ranking official within your jurisdiction (e.g., mayor, city administrator, tribal chairman, or equivalent). 84 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 32 B. For non-government agencies Enter the name and contact information of the financial official who has the authority to apply for this grant on behalf of the applicant agency (e.g., treasurer). If the grant is awarded, the individual in this position will ultimately be responsible for the financial management of the award. Please note that information for nonexecutive positions (e.g., clerks or trustees) is not acceptable. Note: Listing individuals without ultimate programmatic and financial authority for the grant could delay the review of your application or remove your application from consideration. Application contact information Enter the application contact name and contact information. Section 5. COPS Officer hiring request form—not applicable Section 6. Law enforcement and community policing strategy Please complete CP1 and CP2. Section 7. Need for federal assistance Section 7A. Explanation of need for federal assistance All applicants are required to explain their inability to address the need for this award without federal assistance. Please note that the character limit for this response is 3,000 characters. Section 7B. Service population—not applicable Section 7C. Fiscal health—not applicable Section 7D. Property crime/Violent crime—not applicable Section 8. Continuation of project after federal funding ends Section 8A. For COPS Office grants with a retention plan requirement—not applicable Section 8B. For COPS Office grants with no retention plan requirement The questions in this section will be used for programs without a retention requirement to report any plans to continue the program or activity after the conclusion of federal funding. Please identify the source(s) of funding that your agency plans to utilize to continue the program, project, or activity following the conclusion of federal support. Check all that apply. Section 9. School safety assessment—not applicable Section 10. Executive summary Applicants are required to complete section 10 of the COPS Office Application Attachment to the SF-424 Form. Briefly summarize (in 3,000 characters or less) how your agency intends to use this grant funding, if awarded, including how your proposed CPD project will address the topic area for which you are applying. This information may be used to keep Congress or other executive branch agencies informed about COPS Office CPD projects. 85 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 33 Section 11. Project description (narrative) Agencies that seek funding under this program are required to submit a project description. To do so, please develop one narrative that addresses sections 1 through 6 below. Describe how the project will advance community policing as it pertains to the chosen topic area. The project narrative portion of the application is limited to 20 pages (maximum), double-spaced, 12-point font. For the Microgrants Initiatives, the project narrative portion of the application is limited to 10 pages (maximum), double- spaced, 12-point font. Submit this narrative as an attachment under section 13 of the application. The narrative will be a significant factor in the application review and approval process. Failure to provide this information will eliminate your application from consideration. Please format your narrative using the following sections. The total length of the narrative should not exceed 20 pages (or 10 pages for Microgrant). Narrative sections 1. Topic and program outcome identification and justification Select one application topic area described on pages 4–7. Briefly describe the program outcome(s) that will be addressed, the gap in existing knowledge and/or practice, why/how this project will meet that need, and the level of innovation and originality of the proposed work. If applicable, supply data to support the problem or gap and what has been done previously to address it. Explain how this project will build upon, expand, and/or incorporate the principles of community policing. 2. Program goals Very briefly identify and describe the specific project goal(s), listed on page 3, that are to be accomplished with reference to one or more of the following: developing knowledge, increasing awareness, increasing skills/abilities, increasing practice, and/or institutionalizing practice. Applicants must identify those goals that will be directly accomplished if funding is awarded. It is not expected or anticipated that the proposed project accomplish more than one of the goals listed above. 3. Strategy to achieve program outcomes and goals Applicants should provide a comprehensive description of the overall strategy and specific activities of the proposed work. Applicants should specify how these proposed activities will achieve the identified program outcomes and goals. 4. Capacity and experience Please detail the capacity of your organization to carry out the proposed plan and briefly explain your experience with other similar efforts. 5. Management and implementation plan Applicants should describe the overall management and implementation plan for the project. This should include how you will ensure effective implementation of the project; a brief timeline with a list of key activities and milestones to take place within the award performance period (two years for all awards under this solicitation), grouped by month or quarter; a management/ staffing plan detailing who will work on this project, what roles they will play, their education and experience in similar projects, and their understanding of community policing; identification of any key partnerships or stakeholders who will play a role in the implementation of this project; and, if applicable, a brief marketing plan for the deliverable(s) to ensure a broad dissemination of the product(s) to the target audience(s). 86 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 34 6. Evaluation plan/Effectiveness of program Although a formal evaluation is not a requirement for funding, the COPS Office strongly encourages applicants to consider how they will determine if award funding was effective in addressing the program outcomes and goals outlined above. Applicants should detail specifically how they will evaluate the effectiveness of activities implemented as a result of receiving this award, including the extent to which the deliverables would assist law enforcement in implementing or institutionalizing community policing. Applicants should identify if/how data and information will be collected and tracked, and how these measures are consistent with the COPS Office performance measure to advance the capacity of law enforcement to practice community policing. Section 12. Official partner(s) contact information If applicable, please submit a list of partnering agencies including contact person, organization name, address, phone number, and e-mail address. Regardless of whether you submit any partnering agencies, you still need to check the box and list the name of the person submitting this application. Applications that represent partnerships between law enforcement agencies and institutions of higher education and nonprofit institutions are strongly encouraged to apply. Initiatives that primarily or solely benefit one or a limited number of law enforcement agencies or other entities will not be considered for funding. Section 13. Application attachments Community Policing Development applicants should submit the required project description described in section 11 (maximum 20 pages, or 10 pages for Microgrants), up to three resumes/vitae, the budget narrative, indirect cost rate agreement (if applicable), sole source justification (if applicable), budget justification documentation (pay scales, travel policies, etc.), and documentation justifying consultant rates over $550 per day if the consultant is hired through a noncompetitive bidding process (if applicable). Additional attachments are strongly discouraged. Applicants should attach the vitae/resumes of up to three key project staff detailing work and educational history and highlighting any experience that is relevant to their ability to successfully carry out the proposed project. Vita and resumes of key project personnel attachments do not count toward the page limit. All CPD applicants must attach a budget narrative. Your agency must create and attach a document that (1) describes each item requested or group of similar items requested and (2) links each item or group of items to the proposed project. All items will be reviewed on a case-by-case basis and in context of the allowable and unallowable costs lists. Budget narratives do not count toward the 20-page limit. See section 14, “Budget detail worksheets and budget narrative,” for instructions and sample information. The project narrative portion of the application is limited to 20 pages, double-spaced, 12-point font. Applicants should include a brief timeline with a list of key activities and milestones to take place within the award period, grouped by month or quarter. The only exception is the Microgrants Initiative, for which the page limit is 10 pages, double-spaced, 12-point font. Please note the applicant may enter as much or as little text as needed to fully describe the project, as long as the total length of the project narrative portion does not exceed 20 pages (or 10 pages for Microgrants Initiative). Please note if the applicant exceeds the page limit, the peer reviewers will NOT review beyond the page limit requirement, so narratives should be as clear and concise as possible. 87 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 35 Please use appropriately descriptive file names (e.g., Program Narrative, Budget Detail Worksheet and Budget Narrative, Timelines, Memoranda of Understanding, Resumes, etc.) for all attachments. Please do not submit executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: .com, .bat, .exe, .vbs, .cfg, .dat, .db, .dbf, .dll, .ini, .log, .ora, .sys, and .zip. The system may reject applications with files that use these extensions. Section 14. Budget detail worksheets and budget narrative attachments Instructions for completing the budget Applicants are required to provide a specific description for each item included in the budget detail worksheets and explain how it supports the project goals and objectives outlined in their application. This information is to be submitted within your electronic application in the narrative spaces provided. If you are not requesting anything under a particular budget category, please check the appropriate box in that category indicating that no positions or items are requested. If indirect costs are applicable to your agency, please enter “1” for the computation (number of items). For computation (unit cost), include your total indirect costs for this project. Please explain only applicable indirect rates and amounts in your budget narrative. If the applicant does not have a provisional or current indirect cost rate negotiated agreement or it is expired and under review, the applicant may submit supporting documents to show the applicant’s cognizant federal agency is reviewing the request. If a current indirect cost rate agreement is not provided at the time a grantee is awarded, those funds will be frozen until a provisional or final indirect cost rate agreement is provided. This applies to the fringe rate if the rate is based on the grantee’s indirect cost rate agreement. Indirect cost requests will be eliminated from all applications that do not provide the required documentation. All final calculations should be rounded to the nearest whole dollar. Once the budget for your application has been completed, a budget summary page will reflect the total amounts requested in each category and the total project costs. Civilian base salary and fringe benefits Civilian base salary Salaries of personnel are costs based on the percentage of time spent (full time equivalent [FTE]) working directly on the project. The total salary percentage should be comparable and consistent with organizational policy. The total amount paid is comparable to industry standards and the type of work being performed. Completing the budget form: Include name and position title of each individual working on the project as well as the description of the position. The description should outline the work to be completed by this individual on the project as well as annual salary information and percentage of time spent (projected FTE) on this project. • If the salary increases from one budget year to another due to cost of living increases, be sure to detail these increases in the budget description. Under the civilian base salary, the following items are generally unallowable: • If your organization charges an indirect cost, those costs normally include the following positions and therefore these positions should not be charged as personnel to avoid possible duplication: —Administration (e.g., director or program head) (refer to CPD FAQs) 88 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 36 — Clerical (e.g., secretary or administrative assistant) — Accounting (e.g., controller or bookkeeper) — Procurement (e.g., purchasing director or stockroom clerk) — Housekeeping and maintenance (e.g., custodial and janitorial, repairman, or grounds keeper) NOTE: These positions can be charged directly if the individual is working a significant amount of time on the project. This will be approved on a case-by-case basis and your narrative should significantly articulate the need to charge these directly if applicable. • Salaries and benefits of personnel that do not work directly on the project are not allowed. • For awards made to states or units of local government (including law enforcement agencies), salaries and benefits for positions that are already budgeted with state, local, or Bureau of Indian Affairs (BIA) funds, and would be funded in the absence of this COPS Office grant are also not allowed. Fringe benefits Fringe benefits are allowances and services provided by the organization to its employees as compensation in addition to regular salary. Typical fringe benefits include the following: • Federal Insurance Contributions Act (FICA) taxes—includes Social Security and Medicare and cannot exceed 7.65 percent (6.2 and 1.45 percent respectively) • Health insurance—individual or family • Life insurance • Vacation • Sick leave • Retirement • State unemployment compensation insurance • Federal unemployment tax • Worker’s Compensation insurance • Other fringe benefits may include holidays, military leave, bereavement leave, sabbatical leave, severance pay, jury duty, state disability insurance, pension plan, 401(k) plan Completing the budget form: • Include the “percentage of base” (salary) for each fringe benefit (the SMS system will automatically calculate the requested amount for each benefit based on the number entered here). For example, for Social Security and Medicare, you can check the fixed rate boxes for easier calculation. If you do not have a fringe breakdown but rather a flat fringe rate, include the rate under the “Other” category titled “Flat Fringe,” and attach your organization’s fringe rate agreement in section 13 of the application. Under the fringe category, the following items are generally unallowable: • If your indirect cost rate agreement includes fringe benefits, you may not charge these costs directly to the project. 89 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 37 Below is a screenshot of the civilian/nonsworn personnel budget worksheet from the online application. Equipment/Technology Necessary equipment must be specifically purchased to implement or enhance the proposed project. Equipment is tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds $5,000. Completing the budget form: • For each requested item, provide item type, description, and calculation. • For description, please include justification for the need of each item relating to this project. 90 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 38 Your budget narrative should include the following: • List of each equipment request and justification. • If your agency is proposing to purchase equipment under this project, you must provide justification to the necessity of such purchases. • Justification that this equipment is not available or accessible to project personnel without specifically purchasing through this award. Under the equipment category, the following items are generally unallowable: • Shared items between projects—if equipment is to be used for concurrent projects, then this should be captured in your indirect costs. If your organization does not have an indirect cost rate agreement, this may be proportionally charged as direct with prior approval. • Bulletproof vests and accessories • Computer aided dispatch (CAD) systems/records management systems (RMS) • Electronic control weapons (ECWs) • General police vehicles (including patrol cars and leased vehicles) • Golf carts/Segways • Handcuffs, weapons, and ammunition (including training ammunition) • Mobile data terminals (MDT) • Radios • Fitness equipment • Tracked (armored) vehicles • Weaponized aircraft, vessels, and vehicles of any kind • Firearms • Ammunition • Grenade launchers • Bayonets • Manned aircraft • Unmanned aerial vehicles (drones) • Explosives • Body armor • Camouflage uniforms 91 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 39 Below is a screenshot of the equipment/technology budget worksheet from the online application. Supplies Supplies costs consist of those incurred for purchased goods and fabricated parts directly related to a grant proposal. Supplies differ from equipment in that they are consumable, expendable, and of a relatively low unit cost, defined as less than $5,000 per unit. Such costs may include paper, printer ink, pens, pencils, laptops, etc. A computing device is a supply if the acquisition cost is less than $5,000, regardless of the length of its useful life. Completing the budget form: • For each requested item, provide item type, description, and calculation. • For description, please include justification for the need of each item relating to this project. For broad category requests (such as “Office Supplies”), explanation for project amounts should be provided and include calculations. Broad grouping of items under supplies are going to be limited to $40 per month, otherwise items need to be individually captured and justified in the budget request. —For example, calculations should be broken down to the lowest form; therefore, if you are requesting $30 per month for office supplies, the calculation should be 12 x $30 and not 1 x $360. Under the supply category, the following items are generally unallowable: • Shared items between projects—if supplies are to be used for concurrent projects, then this should be captured in your indirect charges or you should only charge the percentage allocated to this project (for example, if a laptop is being purchased for a research assistant who works 40 percent of their time on this project, then only charge 40 percent of the laptop cost to this project). Below is a screenshot of the supplies budget worksheet from the online application. 92 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 40 Travel/Training Travel costs include the costs of transportation, lodging, meals, temporary dependent care, and incidental expenses incurred by personnel while on official business, such as attendance at an award- related meeting or conference when travel is further than 50 miles from program location. Travel and subsistence estimates are based on the contemplated number of trips, places to be visited, length of stay, transportation costs, subsistence allowances, and the recipient’s own travel policies. When charging travel costs to federal awards, grant recipients must adhere to their internal travel policy. Temporary dependent care costs above and beyond regular dependent care that directly results from conference travels are allowable as long as the costs incurred (1) are a direct result of the individual’s travel for the federal award; (2) are consistent with the recipient’s documented travel policy for all entity travel; and (3) are only temporary during the travel period. If a recipient does not have a written travel policy, it must adhere to the Federal Travel Regulations (FTR). For information on the FTR and U.S. Government General Service Administration (GSA) per diem rates by geographic area, please visit www.gsa.gov/portal/content/104790. Completing the budget form: • Include each trip as an individual entry in the Travel/Training section. The name should reflect the name/title of the trip and should not be a group of trips. —Registration includes the amount for the registration of the training/conference attendance. —Lodging includes the amount for the hotel and any taxes/fees associated. —Per diem includes the amount for GSA-approved meals and incidentals. —Transportation includes all ground and air transportation as well as public transportation and parking fees. • Include the detailed cost breakdown for each category in the description. For example, if the transportation is $610, the description breakdown should include $500/roundtrip flight + (3 days x $20/day = $60) for parking + $30/taxi to airport + $30/taxi from airport = $610. If two people are traveling, then 2 should be reflected in the quantity rather than the full amount in the transportation section. Your budget narrative should include: • Purpose of trip • Proposed destination • Trip duration by day/night • List of individuals travelling • Cost and calculation breakdown (per person/per trip), including —mode of transportation and proposed fare per trip (airfare, train, etc.) broken down by day; —mileage allowances if private vehicle will be used; —per diem rates for the destination per day; —lodging costs per night; —transportation fees per day; —parking fees per day —Written travel policy attached, if applicable 93 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 41 Under the travel category, the following items are generally unallowable: • Local travel costs (lodging, meals, per diem, or transportation costs) within a 50-mile radius of the project location • Mileage reimbursement, rental cars, parking fees, and/or taxi fare for local travel within a 50-mile radius of the project location • Food and beverages at conferences, meetings, or trainings your organization is hosting (refer to CPD FAQs) • Costs exceeding Federal Travel Regulations if no other organizational written policy is supplied that supersedes these established rates Below is a screenshot of the travel/training budget worksheet from the online application. Contracts/Consultants Consultant expenses and contracts include goods or services that directly contribute to the implementation or enhancement of the project. The use of a consultant should be more economical than direct employment. Compensation for individual consultant services procured under a COPS Office grant must be reasonable and allocable in accordance with Office of Management and Budget (OMB) cost principles, and consistent with that paid for similar services in the marketplace. The services should be commensurate with the rate or salary paid by the primary employer. Unless otherwise approved by the COPS Office, independent consultant rates will be approved based on the salary a consultant receives from his or her primary employer, as applicable, up to $550 per day. Completing the budget form: • Include name of contract/consultant/travel/expense with a description of the scope of the work. • Unless justification is provided, the daily rate for the consultant should not exceed $550/day. • Consultant travel should follow the same format as the travel section detailed in the section above. • Similarly to supplies and equipment, consultant expenses should be broken out by item rather than one grouping. Your budget narrative should include the following: • List of consultants with justification, including —nature and scope of services rendered in relation to services required for the project; —necessity of contracting these services regarding the organizations capability; 94 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 42 —whether services can be performed more economically by direct employment; —qualifications of individual and customary fees charged • List of contracts with justification, including —nature and scope of goods purchased; —price proposals and length of contract • List of consultant travel, including —purpose of trip; —proposed destination; —trip duration broken down by day/night; —list of individuals travelling; • Cost and calculation breakdown (per person/per trip), including —mode of transportation and proposed fare per trip (airfare, train, etc.) broken down by day/ night; —mileage allowances if private vehicle will be used; —per diem rates for the destination per day; —lodging costs per night; —transportation fees per day; —parking fees per day • For consultant or contractor rates that exceed $550 per day, the COPS Office requires written justification if the consultants or contractors are hired through a noncompetitive bidding process, and grantees must receive COPS Office approval of those rates before drawing down grant funds. Determinations of approval will be made on a case-by-case basis (refer to the consultant/ contractor rate information fact sheet). • Sole source justification for all proposed sole source procurements in excess of $100,000 (refer to the sole source justification fact sheet) Under the contract/consultant category, the following items are generally unallowable: • Maintenance and/or service contracts that extend the life of the grant period (multiyear contracts and extended warranties are allowable but must be paid in full within the initial grant period and must not exceed the grant period) Below is a screenshot of the contracts and consultants budget worksheets from the online application. 95 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 43 Other costs Items not included in the above categories but which have a direct correlation to the overall success of a grantee’s project objectives and are necessary for the project to reach full implementation will be considered on a case-by-case basis by the COPS Office. • For each requested item, provide item type, description, and calculation. • For description, please include justification for the need of each item relating to this project. Under the “other” category, the following items are generally unallowable: • Office rental/lease space, except for costs proportionate to work conducted under the CPD award (if included within an indirect cost rate negotiated agreement) • Publishing services—the COPS Office provides publishing services and printing for deliverables and other project materials; therefore, these costs cannot be directly charged unless approved on a case-by-case basis. Below is a screenshot of the other costs budget worksheet from the online application. Indirect costs Indirect costs normally included in the indirect pool include the following: • Personnel service—administration, clerical, accounting, procurement, housekeeping and maintenance, legal, library, public relations, automatic data processing • Other costs—space rental, utilities, communication, taxes, insurance, materials and supplies, travel Indirect cost rates may vary depending on your cognizant federal agency determinations. In some cases, project budgets may include more than one rate, particularly when offsite activity is conducted at a location other than the organizations premises. Note: Ensure the indirect calculation is in 96 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 44 accordance with your agency’s indirect cast rate agreement. If your organization has an expired indirect cost rate, the indirect cost category will be frozen until a current or provisional rate is provided (refer to CPD FAQs). If your agency has never received a negotiated indirect cost (IDC) rate, then you may request up to a flat 10 percent de minimis indirect cost rate applied to the modified total direct costs (MTDC). If your IDC rate has expired, either you must renegotiate the rate or you may request a one-time extension from your cognizant agency. The negotiated cost rate may be extended for up to four years. Once the cognizant federal agency has approved your extension, you must abide by the rate for the agreed-upon time period. No further negotiations regarding indirect cost rates may occur until the extension has expired. At the end of the extension period, you must then negotiate a new indirect cost rate. Applicants should pay particular attention to the two areas listed below to ensure that the application of their indirect cost rate is in compliance with the existing requirements of the government-wide grant rules set out in the Office of Management and Budget (OMB) circular and regulations: • $25,000 Subcontract/Subaward Limitation. For educational institutions and nonprofit organizations, indirect cost rates negotiated on the basis of modified total direct costs may only be applied against the first $25,000 of any subcontract or subaward under the agreement. This limitation must be applied to all conference related subcontracts and subawards, including those with hotels and travel agents. (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.400 et seq., as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101.) • Participant Support Costs. For nonprofit organizations, in accordance with 2 C.F.R. part 200, Appendix VI, B.2.c. to Part 200—Indirect (F&A) Costs Identification and Assignment and Rate Determination for Nonprofit Organizations, as adopted by the U.S Department of Justice in 2 C.F.R. § 2800.101: “The distribution base may be total direct costs (excluding capital expenditures and other distorting items, such as contracts or subawards for $25,000 or more), direct salaries and wages, or other base which results in an equitable distribution. The distribution base must exclude participant support costs as defined in § 200.75 Participant support costs.” Please note that only employees of the nonprofit organization are excluded from the definition of participant support costs. Costs related to contractors of the nonprofit organization who are acting in the capacity of a conference trainer/instructor/presenter/facilitator are considered participant support costs. For more information on allowable costs for conferences and training, please visit www.ojp.gov/ funding/confcost.htm. If you need additional information on an indirect cost rate negotiated agreement, go to www. ojp.usdoj. gov/funding/pdfs/indirect_costs.pdf. If the applicant does not have an approved rate, a rate can be requested by contacting the applicant’s cognizant federal agency, which will review all documentation and approve a rate for the applicant organization. Completing the budget form: • For each indirect rate related to this project, calculations should be entered as a percentage multiplied by the modified direct total base. For instance, if your rate is 25 percent and the base is $100,000, your calculation should be .25 x 100,000, and not 1 x $25,000. For institutions of higher education and other institutions where multiple indirect rates are applied, please enter each indirect rate as a separate line item with calculation breakdown and description for which each rate applies. • A copy of the current, signed, federally approved indirect cost rate negotiated agreement must be uploaded to section 13 of this application. • If your agency does not have a provisional or current indirect cost rate negotiated agreement or it is expired and under review, the applicant must submit supporting documents to show the applicant’s cognizant federal agency is reviewing the request. 97 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 45 Under the indirect costs category, the following items are generally unallowable: • Participant travel costs are excluded from indirect cost calculations (refer to CPD FAQs) All final calculations should be rounded to the nearest whole dollar. Once the budget for your application has been completed, a budget summary page will reflect the total amounts requested in each category and the total project costs. Below is a screenshot of the indirect costs budget worksheet from the online application. 98 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 46 Section 15. Assurances and Certifications Applicants to COPS Office programs are required to sign the standard Assurances and Certifications forms. Signing these documents assures the COPS Office that you have read and understood and that you accept the grant terms and conditions as outlined in the Assurances and Certifications. Please read these documents carefully, as signatures on these documents are treated as material representation of fact upon which reliance will be placed when the U.S. Department of Justice determines to award the covered grant. Section 16. Disclosure of lobbying activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient, at the initiation or receipt of a covered federal action or a material change to a previous filing, pursuant to title 31 U.S.C. § 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with a covered federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. If this applies to your agency, you are required to complete the disclosure form. If you need to complete and submit additional forms, please complete and submit them as attachments to your application online. 99 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 47 Section 17. Reviews and certifications Please be advised that an application may not be funded and, if awarded, a hold may be placed on this application if it is deemed that the applicant is not in compliance with federal civil rights laws, and/or is not cooperating with an ongoing federal civil rights investigation, and/or is not cooperating with a U.S. Department of Justice grant review or audit. Applicants must certify whether or not their agency will use COPS Office grants funds (if awarded) to operate an interjurisdictional criminal intelligence system. If yes, the applicant assures the COPS Office that it will comply with the requirements of 28 C.F.R. Part 23. The signatures of the law enforcement executive/agency executive, government executive/financial official, and the person submitting this application on the reviews and certifications represent to the COPS Office that • the signatories have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity; • the applicant will comply with all legal, administrative, and programmatic requirements that govern the applicant for acceptance and use of federal funds as outlined in the applicable COPS Office Application Guide, the COPS Office Grant Owner’s Manual, Assurances, Certifications, and all other applicable program regulations, laws, orders, and circulars; • the applicant understands that false statements or claims made in connection with COPS Office programs may result in fines; imprisonment; debarment from participating in federal grants, cooperative agreements, or contracts; and/or any other remedy available by law to the Federal Government; • the information provided in this application, including any amendments, shall be treated as material representations of fact upon which reliance will be placed when the U.S. Department of Justice determines to award the covered grant; • the applicant understands that as a general rule COPS Office funding may not be used for the same item or service funded through another funding source; • the applicant and any required or identified official partner(s) listed in section 12 are partners in this grant project and mutually agreed to this partnership prior to this grant application. The signatures of the law enforcement executive/agency executive and the government executive/ financial official in the application must be the same as those identified in section 4 of the application. Applications with missing, incomplete, or inaccurate signatories or responses may not be considered for funding. 100 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 48 Appendices Appendix A. Glossary of COPS Office program terms The following information is provided to assist you with the completion of your COPS Office program application forms. The list includes some of the most common terms that are used in the application forms. For additional assistance or clarification regarding any part of the application, please contact the Response Center at 800-421-6770. allowable costs. Allowable costs are costs that will be paid for by this grant program. authorized officials. The authorized officials are the individuals in your organization who have final authority and responsibility for all programmatic and financial decisions regarding your application and, if awarded, your grant award. For law enforcement agencies, the listed law enforcement executive (usually chief of police, sheriff, etc.) and the government executive (usually mayor, board president, etc.) are your agency’s authorized officials. authorized organizational representative (AOR). A person authorized by your e-business POC to submit applications to Grants.gov. This privilege should be provided only to those individuals who currently have signature authority for submitting grant applications. The name of the individual designated as an AOR will be populated by the Grants.gov system in grant application package forms, which require signatures. An organization can assign as many AORs to use Grants.gov as necessary. automated booking system. An automated booking system captures arrestee fingerprints and photographic information electronically and often has the ability to transfer that information to a departmental or state-wide database. automated fingerprint identification system (AFIS). An AFIS is a highly specialized biometrics system that compares a single fingerprint image with a database of fingerprint images. Fingerprint images are collected from crime scenes or are taken from criminal suspects when they are arrested. Fingerprint images may be captured by placing a finger on a scanner or by electronically scanning inked impressions on paper. award start date. This is the date on or after which your agency is authorized to purchase items or hire positions that were approved by the COPS Office. If awarded, the award start date is found on your grant award document. Grantees may not make any purchases or hire any positions prior to this date without written approval from the COPS Office. career law enforcement officer. The COPS Office statute defines a career law enforcement officer as a person hired on a permanent basis who is authorized by law or by a state or local public agency to engage in or oversee the prevention, detection, or investigation of violations of criminal laws. Catalog of Federal Domestic Assistance (CFDA). The CFDA is an annual government-wide publication that contains a description and index of all forms of federal assistance. Each program is assigned a CFDA number, which is used by auditors to track grant revenues under the Single Audit Act. It is also used in participating states by state single points of contact in conducting the required intergovernmental reviews under Executive Order 12372. The CFDA number for all COPS Office programs is 16.710. closeout. The process in which the awarding agency, the COPS Office, determines that all applicable administrative actions and all required work and conditions of the award have been completed and met by the recipient and awarding agency. 101 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 49 Cognizant Federal Agency. The federal agency that generally provides the most federal financial assistance to the recipient of funds. Cognizance is assigned by the Office of Management and Budget (OMB). computing devices. Computing devices are machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or “peripherals”) for printing, transmitting, and receiving, or storing electronic information. See 2 C.F.R. § 200.20. community oriented policing. Community oriented policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. Computer Aided Dispatch (CAD) system. A CAD system is a computer database that can track calls for service, maintain status of units available, provide various reports, produce address histories, and support electronic mail. With the installation of integrated CAD systems, officers are able to receive calls for service on their mobile data terminals rather than over the radio. Radios can then be used only for serious emergencies. consortium. A consortium is a group of two or more governmental entities that agree to form a partnership to provide law enforcement services to their constituent communities. cooperative agreement. A cooperative agreement is a funding instrument that provides for substantial involvement between the COPS Office and a nonfederal entity. COPS Office. The Office of Community Oriented Policing Services (COPS Office) is the office within the U.S. Department of Justice that, if awarded, is your grantor or awarding agency for your COPS Office grant or cooperative agreement. The COPS Office is responsible for administering your grant for the entire grant period. You can reach the COPS Office at 800-421-6770. COPS Office finance staff. Members of the COPS Office Finance staff handle your agency’s financial and budgetary needs related to your application. A Staff Accountant is assigned to your state, and is available to answer any questions that you may have concerning the financial aspects of your grant, if awarded. To identify your Staff Accountant, please call the COPS Office Response Center at 800-421- 6770, or visit the COPS Office web site at www.cops.usdoj.gov. DUNS number. DUNS stands for “data universal numbering system.” DUNS numbers are issued by Dun and Bradstreet (D&B) and consist of nine or thirteen digits. If your institution does not have one, call 866-705-5711 to receive one free of charge. You can also request your DUNS number online at www. dnb.com/us. e-business point of contact (POC). Your e-business POC is the person who will designate which staff members can submit applications through Grants.gov. When you register with SAM, your institution will be asked to designate an e-Business POC. EPIC (El Paso Intelligence Center) National Clandestine Laboratory Seizure Database. The U.S. Department of Justice maintains this database to track seizure of clandestine drug laboratories. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. For more information, please visit www.usdoj.gov/dea/programs/epic.htm or www.usdoj.gov/dea/seizures/ index.html. equipment. Equipment is tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost that equals or exceeds $5,000. 102 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 50 federally recognized tribe. Tribal entities that are recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. They are acknowledged to have the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States as well as the responsibilities, power, limitation, and obligations of such tribes. Only federally recognized tribes are eligible to apply for COPS Office tribal grant funds. For further information, contact: Bureau of Indian Affairs, Division of Tribal Government Services, MS-4631-MIB, 1849 C Street NW, Washington, DC 20240, 202-208-2475. gas mask. A gas mask is connected to a chemical air filter and is used to protect the face and lungs from toxic gases. Global Positioning System (GPS). Global Positioning Systems are a series of 24 geosynchronous satellites that continuously transmit their position. Each system is used in personal tracking, navigation, and automatic vehicle location technologies. grant number. If awarded, the grant number identifies your agency’s specific grant, and can be found on your grant award document. This number should be used as a reference when corresponding with the COPS Office. The COPS Office tracks grant information based upon this number. indirect costs. Indirect costs are those costs incurred for a common or joint purpose benefiting more than one cost objective and that are not readily assignable. institution of higher education. As defined at 20 U.S.C. 1001, an institution of higher education is an educational institution in any state that • admits students who have a secondary education certificate; • is legally authorized within the state to go beyond secondary education; • provides at least a two-year educational program; • is a public or other nonprofit institution; • is accredited by a nationally recognized accrediting agency or association or has been granted preaccreditation status. interoperable communications. Communications interoperability refers to the ability to talk across disciplines and jurisdictions via radio communications networks on demand, in real time. Interoperable communications equipment and technology is used to increase interoperability and data information- sharing among the law enforcement, fire service, and emergency medical service communities. local budget cycle. Your agency’s fiscal year. Some common examples include January 1 to December 31, October 1 to September 30, and July 1 to June 30. Some local budget cycles may extend up to 24 months. M-PIN. Password used by your e-business point of contact to designate which staff members can submit applications to Grants.gov. matching funds. What a locality must contribute as a cash match toward total allowable project costs over the life of the program. mobile data computer/laptop. A Mobile Data Computer (MDC) is a computer terminal mounted in a vehicle that is linked via wireless communication to a network that is often integrated with a CAD system. MDCs enable officers to complete previously handwritten reports on a computer. This often eliminates the need to enter duplicate information on multiple reports. National Incident-Based Reporting System (NIBRS). A comprehensive reporting database. Agencies provide individual records for eight index crimes and 38 other offenses. 103 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 51 obligation of funds. If this application is awarded, the COPS Office obligates federal funds when the grant award document is signed by the director or his or her designated official. For the grantee, grant funds are obligated when monies are spent directly on purchasing items approved under the grant or cooperative agreement. The term encumbrance is often used at the local and state levels to describe this type of transaction. Liquidated obligations are considered cash outlays or monies actually spent. Unliquidated obligations are obligations incurred and recorded but not yet paid (accrual basis of accounting) or not yet recorded and not yet paid (cash basis of accounting). OJP vendor number/EIN number. This is your agency’s nine-digit federal tax identification number assigned to you by the IRS. Your accounting/bookkeeping department should have this number. If your EIN previously has been assigned to another agency within your jurisdiction, the Office of the Comptroller will assign a new OJP vendor number to you. The new assigned number is to be used for administrative purposes only, in connection with this grant program, and should not be used for IRS purposes. ORI (Originating Agency Identifier) number. This number is assigned by the FBI and is your agency’s originating agency identifier. The first two letters are your state abbreviation, the next three numbers are your county’s code, and the final two numbers identify your jurisdiction within your county. When you contact the COPS Office with a question, you can use the ORI number, and we will be able to assist you. If you are a previous COPS Office grant recipient, you may have been assigned an ORI number through the COPS Office if the FBI had not previously assigned your agency this identifier number. primary law enforcement authority. An agency with primary law enforcement authority is defined as the first responder to calls for service for all types of criminal incidents within its jurisdiction. Agencies are not considered to have primary law enforcement authority if they only respond to or investigate specific type(s) of crime(s); respond to or investigate crimes within a correctional institution; serve warrants; provide courthouse security; transport prisoners; and/or have cases referred to them for investigation or investigational support. Public Safety Partnership and Community Policing Act of 1994. The COPS Office is charged with fulfilling the mandates of this law. The purposes of the law are to • increase the number of community policing officers on the beat; • provide additional and more effective training to law enforcement officers to enhance their problem solving, service, and other skills needed in interacting with members of the community; • encourage the development and implementation of innovative programs to permit members of the community to assist law enforcement agencies in the prevention of crime; • encourage the development of new technologies to assist law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime. System for Award Management (SAM). Institutions applying for any type of award from the Federal Government must register with SAM. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. Applicants must update or renew their SAM at least once per year to maintain an active status. Information about registration procedures can be accessed at www.sam.gov. supplanting. COPS Office grant funds may not be used to supplant (replace) state, local, or Bureau of Indian Affairs (BIA) funds that would be made available in the absence of federal COPS Office grant funding. Program funds must be used to increase the amount of state, local, or BIA funds otherwise budgeted for the grant purposes, plus any additional state, local, or BIA funds budgeted for these purposes. 104 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 52 Appendix B. Intergovernmental review process, points of contact by state Executive Order 12372 requires applicants from state and local units of government or other organizations or individuals providing service within a state to submit a copy of the application to the state single point of contact (SPOC), if one exists and if this program has been selected for review by the state. Before the application due date, you must contact your state SPOC to find out if this program has been selected for review and comply with the state’s process under Executive Order 12372. The Catalog of Federal Domestic Assistance reference for this program is number 16.710 “Public Safety and Community Policing Grants.” A current list of state SPOCs is listed at www.whitehouse.gov/omb/grants/spoc.html. States that are not listed have chosen not to participate in the intergovernmental review process and therefore do not have an SPOC. Appendix C. Federal Funding Accountability and Transparency Act (FFATA)—Reporting subawards and executive compensation award term The following award term will be incorporated in all COPS Office awards made on or after October 1, 2010: Reporting subawards and executive compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111–5) for a subaward to an entity (see definitions in paragraph e of this award term). 2. Where and when to report. i. You must report each obligating action described in paragraph a.1 of this award term to www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2013, the obligation must be reported by no later than December 31, 2013.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at www.fsrs.gov specify. b. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at www.sec.gov/answers/execomp.htm.) 105 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 53 2. Where and when to report. You must report executive total compensation described in paragraph b.1 of this award term: i. As part of your registration profile at www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most highly compensated executives for the subrecipient’s preceding completed fiscal year, if— i. in the subrecipient’s preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 C.F.R. 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Entity means all of the following, as defined in 2 C.F.R. part 25: i. A governmental organization, which is a state, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v. A federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity. 106 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 54 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. ll .210 of the attachment to OMB Circular A–133, “Audits of States, Local Governments, and Non-Profit Organizations”). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the federal funds provided by the subaward. 5. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 C.F.R. 229.402(c)(2)): i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under nonequity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites, or property) for the executive exceeds $10,000. Appendix D. System for Award Management and universal identifier award term The following award terms will be incorporated in all COPS awards made on or after October 1, 2010: System for Award Management registration and universal identifier requirements A. Requirement for System for Award Management (SAM) Registration Unless you are exempted from this requirement under 2 C.F.R. Part 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. Steps for registering with Grants.gov www.grants.gov/documents/19/18243/ GrantsgovApplicantUserGuide.pdf. 107 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 55 B. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. System for Award Management (SAM) means the federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at www.sam. gov). 2. Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 C.F.R. Part 25, Subpart C: a. A governmental organization, which is a state, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A federal agency, but only as a subrecipient under an award or subaward to a nonfederal entity. 4. Subaward: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you, as the recipient, award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec.II.210 of the attachment to OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the federal funds provided by the subaward. Appendix E. Step-by-step instructions for two-part application submission process FY 2015 COPS Office grant online application procedures Note: If your agency has previously applied for grants using Grants.gov, and you already have an account set up with your username and password, please skip Step 1 and proceed to Step 2. For additional instructions on how to register with Grants.gov please visit www07.grants.gov/applicants/ get_registered.jsp. 108 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 56 Step 1 Please click the link below for details on how to register with Grants.gov. Step 2. Submitting a COPS Office grant application using Grants.gov 1.Log in to www.grants.gov. 2.Scroll to the center of the page and click the “Apply for Grants” link in the center of the page. 3.Click on the “Download a Grant Application Package” link. 4.Scroll down to the “Funding Opportunity Number” box and enter COPS-Community-Policing Development-2015. Then click on 5.Click the “Download” link at the bottom right of the page under the “Instructions & Application” heading. 6.To view the SF-424 instructions, click the “Download Application Instructions” link. 7.To start the application, click “Download Application Package,” which is the second link. 8.Enter an application filing name of your choice (e.g., agency legal name and program type for which you are applying) into the “Application File Name” text box, which is highlighted yellow with a red border. 9.In the “Mandatory Documents” field, do the following: a.Select the “Application for Federal Assistance (SF-424)” document, then click on the b.Select “COPS Short Application Attachment to SF-424,” 3.Select “Application for Federal Assistance” and click on the “ button. Be sure to fill in all required fields on the displayed documents, which are highlighted yellow with red borders. Last, select the program to which you are applying and enter or re-enter a correct ORI. 4.Click the button at the very top of the document. Download Package Move Form to Complete button so that the form appears under the “Mandatory Documents for Submission” field. Move Form to Complete button so that the form appears under the “Mandatory Documents for Submission” field. Open Form Save 109 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 57 5. In the “Save As” dialogue box, do the following: a. Select a location that is easy to find within your computer (e.g., Desktop or My Documents). b. Select the Save button to save the file to your selected location on your computer. ** Note: You will be required to save this document twice. You may either save it in the same location, which will overwrite the first one, or save it in a different location for redundancy. 3. Click on the Save & Submit button at the top of the document. 4. In the “Save As” dialogue box, do the following: a. Select a location that is easy to find within your computer (e.g., Desktop or My Documents). b. Select the Save As button to save the file to your selected location on your computer. 1. Enter your username and password for the authorized organizational representative (AOR). This is set up while registering with Grants.gov.2. Wait until “Confirmation Page” appears to close the document. Take note of the grant ID number provided by Grants.gov for your file. 3. After the SF-424 has been successfully submitted, you will receive three e-mails from Grants.gov: a. One e-mail thanking the applicant for submission b. A second e-mail confirming Grants.gov validation c. A third e-mail stating the application was received by the agency3. Within one business day, you will receive one of two e-mails from the COPS Office: a. An e-mail stating your application passed the COPS Office validation and providing a link to the COPS Office Application Program System. Or b. An e-mail stating that the COPS Office validation failed and that the issues must be corrected and resubmitted. Correcting COPS Office validation errors 3. Open the application that was saved in step 12 above. 4. Edit fields that had errors. 5. Select the “Save & Submit” button. 6. In the “Save As” dialogue box, do the following: a. Select a location that is easy to find within your computer (e.g., Desktop or My Documents). b. Select the “Save” button to save the file to your selected location on your computer. Overwrite the existing application or save as a different file name on your computer. 7. Enter your username and password for the AOR account. 110 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 58 8. Wait until “Confirmation Page” appears to close the document. Take note of the new grant ID number provided by Grants.gov for your file. 9. After the SF-424 has been successfully submitted, you will receive three e-mails from Grants.gov. a. One e-mail thanking the applicant for submission. b. A second e-mail confirming Grants.gov validation. c. A third e-mail stating the application was received by the agency. 10. Within one business day, you will receive one of two e-mails from the COPS Office: a. An e-mail stating your application passed the COPS Office validation and providing a link to the COPS Office Application Program System. Or An e-mail stating that the COPS Office validation failed and that the issues must be corrected and resubmitted. Appendix F. 2 CFR Appendix II to Part 200: Contract provisions for nonfederal entity contracts under federal awards In addition to other provisions required by the federal agency or nonfederal entity, all contracts made by the nonfederal entity under the federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the nonfederal entity, including the manner by which it will be effected and the basis for settlement. (C) Equal employment opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60–1.3 must include the equal opportunity clause provided under 41 CFR 60–1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964–1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” (D) Davis-Bacon Act, as amended (40 U.S.C. 3141–3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141–3144, and 3146–3148) as supplemented by U.S. Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The nonfederal entity must place a copy of the current prevailing wage determination issued by the U.S. Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance 111 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 59 of the wage determination. The nonfederal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented by U.S. Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he or she is otherwise entitled. The nonfederal entity must report all suspected or reported violations to the federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where applicable, all contracts awarded by the nonfederal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704 as supplemented by U.S. Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements” and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the nonfederal award to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). (I) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p.235), “Debarment and Suspension.” The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 112 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 60 (J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award of $150,000 or more must file the required certification. Each tier certifies to the tier above that it will not use and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the nonfederal award. (K) See § 200.322 Procurement of recovered materials. Paperwork Reduction Act Notice The public reporting burden for this collection of information is estimated to be up to 11.3 hours per response, depending upon the COPS Office program being applied for, which includes time for reviewing instructions. Send comments regarding this burden estimate or any other aspects of the collection of this information, including suggestions for reducing this burden, to the Office of Community Oriented Policing Services, U.S. Department of Justice, 145 N Street NE, Washington, DC 20530; and to the Public Use Reports Project, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. You are not required to respond to this collection of information unless it displays a valid OMB control number. The OMB control number for this application is 1103-0098, and the expiration date is 04/30/2017. 113 2015 COPS Office Community Policing Development (CPD) FY 2015 Application Guide 61 About the COPS Office The Office of Community Oriented Policing Services (COPS Office) is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation’s state, local, territory, and tribal law enforcement agencies through information and grant resources. Community policing is a philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. Rather than simply responding to crimes once they have been committed, community policing concentrates on preventing crime and eliminating the atmosphere of fear it creates. Earning the trust of the community and making those individuals stakeholders in their own safety enables law enforcement to better understand and address both the needs of the community and the factors that contribute to crime. The COPS Office awards grants to state, local, territory, and tribal law enforcement agencies to hire and train community policing professionals, acquire and deploy cutting-edge crime fighting technologies, and develop and test innovative policing strategies. COPS Office funding also provides training and technical assistance to community members and local government leaders and all levels of law enforcement. The COPS Office has produced and compiled a broad range of information resources that can help law enforcement better address specific crime and operational issues, and help community leaders better understand how to work cooperatively with their law enforcement agency to reduce crime. •Since 1994, the COPS Office has invested more than $14 billion to add community policing officers to the nation’s streets, enhance crime fighting technology, support crime prevention initiatives, and provide training and technical assistance to help advance community policing. •To date, the COPS Office has funded approximately 125,000 additional officers to more than 13,000 of the nation’s 18,000 law enforcement agencies across the country in small and large jurisdictions alike. •Nearly 700,000 law enforcement personnel, community members, and government leaders have been trained through COPS Office-funded training organizations. •To date, the COPS Office has distributed more than 8.57 million topic-specific publications, training curricula, white papers, and resource CDs. COPS Office resources, covering a wide breadth of community policing topics—from school and campus safety to gang violence—are available, at no cost, through its online Resource Center at www.cops.usdoj.gov. This easy-to-navigate website is also the grant application portal, providing access to online application forms. 114 U.S. Department of Justice Office of Community Oriented Policing Services 145 N Street NE Washington, DC 20530 To obtain details on COPS programs, call the COPS Office Response Center at 800-421-6770. Visit the COPS Office online at www.cops.usdoj.gov. Revised May 2015 115 Strategic Solutions for Law Enforcement SANFORD OLSON & SCALES LLC 116 The Force Analysis System™ (FAS) uses an agency’s incident reports to determine whether each individual use of force was necessary and reasonable. FAS provides an on-going assessment of when, where, how and why force is being used. The data is provided to the agency in the form of interactive dashboards that can be used as a a training tool, an early warning system and for risk management. FAS satisfies many of the recommendations from the President’s Task Force on 21st Century Policing that call for a better use of data and technology to increase transparency, build community trust and support innovation. FAS is designed to identify potential problems and decrease inappropriate uses of force, increase internal accountability, and educate and engage the community about force issues. FAS helps to identify an agency’s strengths and areas that may need improvement. When an agency updates its policies, training programs or procedures, FAS can evaluate the impacts of those changes. Continuously tracking use of force data over time stimulates problem solving and encourages the development of evidence based models and best practices. FAS also provides statistics that allows an agency to compare itself with its peers. For most law enforcement agencies the annual cost of the Force Analysis System™ will be between $5,000 and $60,000 depending on the size of the agency. FAS leverages powerful eDiscovery technology to extract data from existing records management systems. FAS can work with any type of data in any format including hard copies. Agencies do not need to invest in expensive IT systems or change existing records management practices. 117 SANFORD OLSON & SCALES LLC At Sanford, Olson & Scales, we have over 90 years of experience working within law enforcement agencies and all levels of government. We know first-hand the challenges that police officers, command staff and policy makers face today and we have a proven track record of developing effective strategies to address complex problems. The key to our success is data. We help agencies find effective and economical ways to use their own data to develop evidence based strategies and solutions. By assisting police departments and local governments in the assessment and evaluation of current policies, training and practices, we can identify areas for improvement and then craft practical and affordable solutions that can be easily implemented. We have partnered with Seattle University to bring the highest level of scientific research into our projects. We provide our clients with diagnostic tools for identifying problems, a comprehensive plan of action to resolve those problems and the ongoing support needed to ensure continuing success. Mike SanfordKathryn Olson Bob Scales John DiazMatt Hickman Director of ResearchSenior Advisor For more information about the Force Analysis System™ or to schedule an online demonstration, please call Bob Scales at (206) 915-8683 or email bob@policestrategies.com Sanford Olson & Scales LLC 13197 Madison Ave NE Bainbridge Island, WA 98110 Phone: (206) 414-2003 Email: admin@policestrategies.com Website: www.policestrategies.com 118 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Short-Term Vacation Rental Regulations Date: June 9, 2015 Agenda Item: New Business Bill No.: 15-113 Proposed By: City Attorney Lisa Marshall BUDGET INFORMATION Depart/Fund: Expenditure Req: Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: None. Background: Please refer to attached staff memo. RECOMMENDED ACTION Information. 119 City of Bainbridge Island EXECUTIVE DEPARTMENT MEMORANDUM TO: Members of the City Council Doug Schulze FROM: Lisa Marshall, City Attorney DATE: June 5, 2015 RE: Vacation Rentals within the City of Bainbridge Island Over the past few years, websites like Airbnb.com and VRBO.com have become popular sites with which property owners may register their residences as short-term rentals (hereafter “STRs”). STRs are rentals for fewer than thirty consecutive days.1 Consequently, many local jurisdictions across the country are struggling with the manner in which to insure that the property owners registered on these sites have obtained the required local and state licenses, and are paying the required local fees and taxes. This memo addresses alternatives for insuring that STRs in the City are properly registered and are paying the required fees and taxes. City business licenses and state UBI Numbers are required. As a preliminary matter, all individuals or entities doing business in the City of Bainbridge Island must obtain a City of Bainbridge Island business license. All individuals and entities doing business in the State of Washington must obtain a UBI (Unified Business Identifier) number, which links the business to the Department of Revenue, the Business Licensing Service, and the Office of the Secretary of State. In addition to the requirement that the business obtain a City business license, the business must remit City B&O taxes (if the business’s yearly gross sales are more than $150,000) and remit excise taxes in the amount of 4% on lodging. BIMC 3.65. In addition to the requirement that the business register with the State of Washington, the business is required to pay lodging taxes in the amount of 2% pursuant to RCW 67.28.180(1). A portion of these state lodging taxes are returned to the City. Accordingly, the failure of Bainbridge Island STRs to obtain a City business license and state UBI number means the loss of revenue to which the City is legally entitled. How are other cities regulating STRs? In Portland Oregon, the city council adopted an ordinance to legalize one and two-bedroom STRs in privately owned homes (Ordinance No. 186736). A hosts must pay a two-year $180 permit 1 Property rentals for periods thirty days or more are presumed under Washington law to be licenses. RCW 82.04.050(2)(f). Licensees may be entitled to the rights of a tenant under the Residential Landlord Tenant Act. RCW 59.18. 120 fee, have his home inspected every six years, pay city lodging taxes (12.5%), and live on-site at least nine months out of the year. Homeowners may use a third party, such as a professional property manager or a family member, to run their in-home business. In addition to Portland, Austin, TX, Palm Desert, CA, Myrtle Beach, SC, and Madison, WI have passed ordinances regulating STRs in a similar fashion. Santa Monica California recently adopted an ordinance prohibiting property owners and residents from renting their places unless they stay in the unit with their guests. The city estimates this will ban about 1,400 — or 80 percent — of the listings on home-sharing on sites like Airbnb. The fine for violation of the Santa Monica ordinance is $500, and the City believes it can issue the citation based solely on the listing of the STR on the site. Santa Monica also hired three FTEs to enforce the Ordinance. What City of Bainbridge Island Staff is recommending. The City has undertaken a manual investigation of each of the Bainbridge Island properties listed on Airbnb. Staff has been able to locate the STR owner through a process of cross-referencing names and locations of listed properties to other city records and by using internet search engines to fine-tune the information. While not an exact science, it has produced 42 fairly complete and reliable profiles of the STR owners. Through this process, staff has discovered that, among the 42 businesses evaluated to-date, 17 have business licenses for lodging, but 24 do not.2 Eleven of these 42 evaluated businesses do not have state UBI numbers. Staff is undertaking the same evaluation of Bainbridge Island properties listed on VRBO, but this should not be as time- consuming a process because the VRBO list is, to a great degree, a duplicate of the Airbnb list of properties. Upon completion of the inventory of properties, the City Attorney proposes to draft a letter requesting that these properties achieve compliance by obtaining a City business license and a state UBI number. Finally, the City proposes a revision to Chapter 1.26, Code Enforcement. Currently, the Code Enforcement Officer has jurisdiction over violations of BIMC Chapter 15.04 (the Building Code), Titles 16 (Environment) 18 (Zoning) and some provisions within Title 20 (Fire Code). Expanding the Code Enforcement Officer’s jurisdiction to enforcement Title 5 will allow him to issue citations and Notices and Orders for violation of that Title. 2 Among the 24 business without business licenses for lodging, some have City business licenses, but for another non-lodging related business. 121 122 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Consent Agenda Items Date: June 9, 2015 Agenda Item: Consent Agenda Bill No.: AB 15-110 Proposed By: Executive Referral(s): BUDGET INFORMATION Department: Fund: Munis Contract # Expenditure Req: Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Consider approval of Consent Agenda Items A through F: A. Accounts Payable Voucher and Payroll Approval B. Regular Business Meeting Minutes, 12, 2015 C. Regular Study Session Minutes, May 19, 2015 D. Regular Study Session Minutes, June 2, 2015 E. Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee F. Ordinance No. 2015-13, Consolidating the Harbor Commission and Road Ends Committee RECOMMENDED ACTION Motion: I move that the City Council approve Consent Agenda Items A through F as presented. 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 REGULAR BUSINESS MEETING TUESDAY, MAY 12, 2015 ISSUES DISCUSSED 1. EXECUTIVE SESSION: PENDING AND POTENTIAL LITIGATION (RCW 42.30.110(1)i)) 2. CALL TO ORDER / ROLL CALL / PLEDGE OF ALLEGIANCE 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 4. PUBLIC COMMENT 5. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 6. PRESENTATIONS A. HISTORIC PRESERVATION COMMISSION ANNUAL BLAKELY AWARDS, AB 15-102 B. PROCLAMATION DECLARING MAY 17-25, 2015 AS NATIONAL PUBLIC WORKS WEEK, AB 15-103 7. UNFINISHED BUSINESS A. GENERAL SEWER PLAN, AB 12-108 B. RESOLUTION NO. 2015-08, OFF-LEASH DOGS AT PRITCHARD PARK, AB 15-100 8. CONSENT AGENDA A. ACCOUNTS PAYABLE VOUCHER AND PAYROLL APPROVAL B. REGULAR BUSINESS MEETING MINUTES, APRIL 28, 2015 C. MEMORANDUM OF UNDERSTANDING WITH PIERCE COUNTY TO ASSIST WITH POLICE SECURITY AT US OPEN EVENT, AB 15-095 D. SOUND TO OLYMPICS TRAIL (STO) PROJECT PHASE 2 CAPITAL IMPROVEMENT PLAN (CIP) AMENDMENT, AB 14-096 E. ORDINANCE NO. 2015-12, 2014 CARRYOVERS INTO 2015 BUDGET, AB 15-091 F. ORDINANCE NO. 2015-11, RELATING TO Q1 2015 BUDGET AMENDMENTS, AB 15-087 9. COMMITTEE REPORTS A. WARD MEETING UPDATES 10. REVIEW UPCOMING COUNCIL MEETING AGENDAS 11. FOR THE GOOD OF THE ORDER 12. ADJOURNMENT 1. EXECUTIVE SESSION: PENDING AND POTENTIAL LITIGATION (RCW 42.30.110(1)(i)) 6:31 PM Mayor Blair called an executive session to order at 6:30 p.m. with Councilmembers Blossom, Bonkowski, Roth, Scott, Tollefson, Townsend and City Attorney Marshall to discuss Potential Litigation (RCW 42.30.110(1)(I)) in the Planning Conference Room. The recording system was turned off and a notice was posted on the door of the Council Chamber. The executive session adjourned at 7:16 p.m. No formal action was taken. 2. CALL TO ORDER / ROLL CALL / PLEDGE OF ALLEGIANCE 7:17 PM Mayor Blair called the meeting to order at 7:17 p.m. with Councilmembers Blossom, Bonkowski, Roth, Scott, Tollefson, and Townsend in attendance. Records Management Coordinator Jahraus monitored the recording of the meeting and prepared the minutes. 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 7:18 PM Item 8 E removed from Consent Agenda to Unfinished Business Item 7 C. 7:18 PM MOTION: I move we accept the agenda as modified. BONKOWSKI/TOWNSEND: The motion carried 7-0. 4. PUBLIC COMMENT 7:19 PM Teresa Hatten, Belle Hill Road commented on the parking situation at the Senior Center. In competition with the rowing and sailing clubs for a space. Anne Brown, Harborview Drive, stated it has been hard for some community members to get to the senior center because of diminished parking at the Senior Center. Paul See, Finch Road, stated parking has been impossible at the Senior Center. Guests (on and off island) have forfeited lunch due to lack of parking. Steve Johnson, Lytle Road, commented on whether public power is right for Bainbridge; should the island look at an alternative energy provider that is non-profit? Robert Dashiell, Tolo Road, commented on the financial portion of the general sewer plan. 1 251 REGULAR BUSINESS MEETING TUESDAY, MAY 12, 2015 5. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 7:29 PM City Manager Schulze’s report included information on: • The parking issue at the Senior Center. Most of the downtown area has a parking shortage. The remodel at T & C has an impact right now but the parking problem won’t be solved by the construction ending. • Tourism: go to Outside Magazine on line to vote for Bainbridge! • The deadline to file for a city council seat is Friday, May 15. • It is National Police Week as signified by blue ribbons on lapels. 6. PRESENTATIONS 7:37 PM A. HISTORIC PRESERVATION COMMISSION ANNUAL BLAKELY AWARDS, AB 15-102 The Historic Preservation Commission established the Blakely Awards in 2010 to recognize significant contributions towards historic preservation in our community made by individuals and organizations. During the month of March, Island residents were encouraged to nominate those individuals and/or projects they thought have made a real difference in preserving our community’s historic structures and sites. Nominations could be made in two categories: This year the Commission is awarding five Preservation Leaders of the Fort Ward Youth Advisory Committee for their efforts on preserving the Fort Ward Bakery and one Project of Excellence award for the restoration of a 150-year-old cabin. This year’s recipients are: Erik Appleberry, Aila Ikuse, Kate Merifield, Mark Dettman & Sarah Lee, Preservation Leaders, for their efforts to restore and repurpose the 1910 Fort Ward Bakery Building for use as a community hall, neighborhood gathering place and KCSD7 Office. Joe & Beth Claseman, Project of Excellence, for their efforts in restoring the 1865 McRedmond Cabin. B. PROCLAMATION DECLARING MAY 17-25, 2015 AS NATIONAL PUBLIC WORKS WEEK, AB 15-103 7:45 PM This year's theme "Community Begins Here" speaks to the essential nature of Public Works services in support of everyday quality of life. National Public Works Week (NPWW) is a celebration of the tens of thousands of men and women in North America who provide and maintain the infrastructure and services collectedly known as “Public Works.” 7:47 PM MOTION: I move that the City Council authorize Mayor Blair to sign the proclamation declaring May 17 through May 23, 2015 as “National Public Works Week.” BONKOWSKI/SCOTT: The motion carried 7-0. 7. UNFINISHED BUSINESS 7:48 PM A. GENERAL SEWER PLAN, AB 12-108 Public Works Director Loveless explained the purpose of the City’s General Sewer Plan (GSP) is to develop a policy and planning guide for the sewer utility over the next twenty years. The Plan presents an evaluation of the existing system and recommends improvements needed to correct existing deficiencies and to accommodate projected growth. The Draft GSP was presented to the Utilities Advisory Committee (UAC) in December 2014 and was subsequently reviewed and discussed over several UAC meetings. The UAC-approved review comments were incorporated into the Plan. On March 24, 2015, City staff and Carollo Engineers’ presented the Final Draft GSP to the City Council for the City owned Winslow and South Island Sewer Systems. There were several questions and desired revisions received from City Council, and those have been addressed in the updated sections of Chapter 6 and 10. Following acceptance of the plan, staff can proceed with SEPA and the Final Draft plan will be submitted to the Department of Ecology (DOE) for concurrence and review. Following completion of the SEPA process and DOE concurrence, the plan will be brought back to City Council for adoption. 8:06 PM MOTION: I move that the City Council accept the General Sewer Plan prepared by Carollo Engineers dated March 2015 with revisions presented. TOLLEFSON/BONKOWSKI: The motion carried 7-0. 2 252 REGULAR BUSINESS MEETING TUESDAY, MAY 12, 2015 B. RESOLUTION NO. 2015-08, OFF-LEASH DOGS AT PRITCHARD PARK, AB 15-100 8:07 PM During Council discussion that led to the adoption of amendments to COBI’s leash law, there was some support for the idea that during the time remaining before transferring its ownership of Pritchard Park to BIMPRD, COBI might establish off-leash hours (and perhaps rules) for that Park, with the goal of allowing off-leash advocates the opportunity to demonstrate that such use could exist without unduly depriving other Park users of reasonable and safe access. At the Study Session on May 5, Council moved to adopt such a Resolution without consideration of the fact that BIMPRD is a co- owner of a portion of Pritchard Park. If Council agrees to amend its unanimous action from that Study Session, the Resolution would allow Council to achieve the same end, contingent on approval by BIMPRD as a co-owner. 8:08 PM MOTION: To reconsider the motion approved at the May 5 Study Session (that the City adopt a resolution establishing off leash dog hours for dogs under voice command all day Tuesdays, all day Thursdays and on Saturdays till noon as soon as signs can be installed and until July 15) carried 6-1. TOLLEFSON/BONKOWSKI: The motion carried 6-1 (Townsend) 8:09 PM MOTION: I move that the City Council approve Resolution No. 2015-08, regarding off- leash dogs at Pritchard Park. TOLLEFSON/BONKOWSKI: The motion carried 7-0. C. SOUND TO OLYMPICS TRAIL (STO) PROJECT PHASE 2 CAPITAL IMPROVEMENT PLAN (CIP) AMENDMENT, AB 14-096 8:16 PM MOTION: I move to approve the Sound to Olympics Trail Phase 2 CIP Amendment in the amount of $85,000.00 with the funds coming from deferring the 2015 Core 40 Spot project and 2015 Sound to Olympics Trail Phase 3 in the CIP, increasing the spending authority for this project. TOLLEFSON/BONKOWSKI: The motion carried 7-0. 8. CONSENT AGENDA 8:16 PM A. ACCOUNTS PAYABLE VOUCHER AND PAYROLL APPROVAL Accounts Payable ACH Check Number 179-180, EFT Check Number 181, Void Manual Check Numbers 338435, 338454 and 338455, Manual Check Number 338466 and Regular Run Check Numbers 338467-338569 for a total of $312,764.65. Retainage Release Check Number 131 in the amount of $1,866.91 and Travel Advance Check Number 69 for a total of $100.00. Payroll Direct Deposit Check Numbers 033004-033117, Regular Run Check Numbers 107083-107090, Vendor Check Numbers 107091-107103 and Federal Tax Electronic Transfer for a total of $609,484.64. B. REGULAR BUSINESS MEETING MINUTES, APRIL 28, 2015 C. REGULAR STUDY SESSION MINUTES, MAY 5, 2015 D. MEMORANDUM OF UNDERSTANDING WITH PIERCE COUNTY TO ASSIST WITH POLICE SECURITY AT US OPEN EVENT, AB 15-095 E. SOUND TO OLYMPICS TRAIL (STO) PROJECT PHASE 2 CAPITAL IMPROVEMENT PLAN (CIP) AMENDMENT, AB 14-096 Moved to Unfinished Business Item 7C F. ORDINANCE NO. 2015-12, 2014 CARRYOVERS INTO 2015 BUDGET, AB 15-091 G. ORDINANCE NO. 2015-11, RELATING TO Q1 2015 BUDGET AMENDMENTS, AB 15-087 MOTION: I move that the City Council approve Consent Agenda Items A through D and Items F and G as presented. BONKOWSKI/TOWNSEND: The motion carried 7-0. 9. COMMITTEE REPORTS 8:17 PM A. WARD MEETING UPDATES 3 253 REGULAR BUSINESS MEETING TUESDAY, MAY 12, 2015 10. REVIEW UPCOMING COUNCIL MEETING AGENDAS 8:17 PM May 19 Public Safety Facility Site Selection Ordinance No. 2015-07, Traffic Impact Fees - 1st Reading Kitsap Economic Development Alliance (Presentation) Proposed Revisions to Ericksen Avenue Design Guidelines Transfer of Pritchard Park to BIMPRD Resolution No. 2015-05 Establishing Traffic Impact Fees Election of Deputy Mayor for June-December, 2015 11. FOR THE GOOD OF THE ORDER 8:26 PM • Council discussed a summer schedule; two meetings each in July and August. • City Council candidates will be invited to an open forum once the filing period has ended. • Scott McFarlane of Avalara was recognized as businessman of the year. • The closure of the Agate Pass Bridge for repairs will not occur the weekend of May 15; the repairs will be completed the last weekend in May. 12. ADJOURNMENT 8:31 PM ________________________________ Anne S. Blair, Mayor _____________________________________ Kelly Jahraus, Records Management Coordinator 4 254 REGULAR STUDY SESSION TUESDAY, MAY 19, 2015 ITEMS DISCUSSED 1. EXECUTIVE SESSION: PROPERTY ACQUISITION (RCW 42.30.110(b)) 2. CALL TO ORDER / ROLL CALL 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 4. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 5. PRESENTATION A. KITSAP ECONOMIC DEVELOPMENT ALLIANCE, Q1, 2015 REPORT 6. STAFF INTENSIVE A. PUBLIC SAFETY FACILITY DISCUSSION, AB 14-008 B. PROPOSED REVISIONS TO ERICKSEN AVENUE DESIGN GUIDELINES, AB 15-107 C. RESOLUTION NO. 2015-09, ESTABLISHING ELECTRIC VEHICLE CHARGING STATION FEE, AB 15-105 D. TRANSFER OF PRITCHARD PARK TO THE BAINBRIDGE ISLAND METROPOLITAN PARK AND RECREATION DISTRICT (BIMPRD), AB 15-048 E. PROPOSED RELOCATION OF MADISON TOT LOT DRIVEWAY EASEMENT AND RECORDING OF CONSERVATION EASEMENT MADISON TOT LOT PROPOSED EASEMENT RELOCATION, AB 15-078 F. SETTLEMENT AGREEMENT FOR NEW CINGULAR WIRELESS V. CITY OF BAINBRIDGE ISLAND, ET AL, AB 15-106 7. COUNCIL DISCUSSION A. SUZUKI PROPERTY, AB 14-119 B. ELECTION OF DEPUTY MAYOR FOR JUNE THROUGH DECEMBER 2015 8. COMMITTEE REPORTS A. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE NOTES, MAY 13, 2015 (ROTH) B. UTILITY ADVISORY COMMITTEE NOTES, MAY 14, 2015 (TOLLEFSON) C. COUNCIL LIAISON REPORT – (MAYOR BLAIR) 9. REVIEW UPCOMING COUNCIL MEETING AGENDAS 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT 1. EXECUTIVE SESSION: PROPERTY ACQUISITION (RCW 42.30.110(b)) 6:30 PM Deputy Mayor Townsend called an executive session to order at 6:30 p.m. with Councilmembers Blair, Blossom, Bonkowski, Roth, Tollefson, and City Attorney Marshall to discuss Property Acquisition (RCW 42.30.110(B)). The recording system was turned off and a notice was posted on the door of the Council Chamber. The executive session adjourned at 7:00 p.m. No action was taken. 2. CALL TO ORDER / ROLL CALL 7:00 PM Deputy Mayor Townsend called the meeting to order at 7:00 p.m. with Councilmembers Blair, Blossom, Bonkowski, Roth, and Tollefson present. Records Management Coordinator Jahraus monitored the recording of the meeting and prepared the minutes. 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE Councilmember Scott disclosed a conflict of interest with agenda Item 6F. MOTION: I move we accept the agenda as presented. BONKOWSKI/ROTH: The motion carried 7-0. 4. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 7:05 PM City Manager Schulze’s report included topics on: • Community Branding Workshops Tuesday June 9 thru Thursday June 11. Consultants Arnett and Muldrow will work with community members to distill and express the identity of Bainbridge Island. • Water Resource Workshop on June 18. 5. PRESENTATION 7:09 PM A. KITSAP ECONOMIC DEVELOPMENT ALLIANCE, Q1, 2015 REPORT John Power, KEDA Executive Director addressed Council with a brief overview of the 1st Quarter Report included in the agenda packet. 1 255 REGULAR STUDY SESSION TUESDAY, MAY 19, 2015 6. STAFF INTENSIVE A. PUBLIC SAFETY FACILITY DISCUSSION, AB 14-008 7:28 PM City Council established a goal to complete the site selection process by June 2015. This agenda item provides information to Council related to site options for the new public safety facility. City Manager Schulze led a discussion on the advantages and disadvantages of each potential site for the police facility. Public Comment Andy Maron, Sands Road, offered comment on the Suzuki property as a potential site for the facility as well as the other sites up for consideration. 8:02 PM MOTION: I move City Council direct staff to explore the development opportunities (a) North of City Hall as presented and (b) the Sakai property. ROTH/BONKOWSKI: The motion carried 7-0. B. PROPOSED REVISIONS TO ERICKSEN AVENUE DESIGN GUIDELINES, AB 15-107 8:02 PM Mayor Blair has requested that staff brief the Council on this issue and ask whether the full Council supports amending the Department's work plan to include reviewing Guideline SD3. The City Council approved Ordinance 2013-07 on April 10, 2013, adopting revisions to the Design Guidelines for the Ericksen Avenue Overlay District. Recently, several property owners who have researched the legislative history of the adoption process have come forward stating that the way the adopted guidelines were codified does not match the intent of the Council's adopting motion. Planning Director Cook addressed Council on the agenda item. Public Comment Piper Thornburg, Euclid Ave, owns property on Ericksen Avenue; she stated that at the April 10, 2013 meeting, no property owners were present. Linna Callaham, stated the idea that Council or DRB could tell homeowners on Ericksen that they could not build is egregious. She opposes the 30% setback. Jim Laughlin stated a design guideline should not include the word “shall” in it. Sandra Talcott, Ericksen Avenue, felt the guideline is punishing the small homeowner. Maradel Gale, Winslow, stated we have zoning laws for a reason. “Shall” is a requirement. Feels this should be part of the Comprehensive Plan Update. 8:37 PM MOTION: I move Council ask staff to administratively correct the clerical error that was inadvertently made and return it to the intent explicitly stated. On the east side of Ericksen Avenue from Winslow Way to 200 feet north of Wyatt Way (where the Winslow Ravine leaves Ericksen to cross under highway 305), the total of both side yard setbacks shall be at least 30% of the width of the frontage on Ericksen. Driveways may be in the setbacks, but the open-air view from the street through to the Winslow Ravine shall should remain unobstructed by buildings or fences. BLAIR/TOLLEFSON: The motion carried 6-1. (Bonkowski) C. RESOLUTION NO. 2015-09, ESTABLISHING ELECTRIC VEHICLE CHARGING STATION FEE, AB 15-105 8:43 PM The City installed a new electric vehicle charging station on Winslow Way in 2015. The City owns this charging station and pays for the electricity used by vehicles that use the station. 8:43 PM MOTION: I move that the City Council forward Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee to the June 9, 2015 consent agenda. BLAIR/BONKOWSKI: The motion carried 7-0. 2 256 REGULAR STUDY SESSION TUESDAY, MAY 19, 2015 D. TRANSFER OF PRITCHARD PARK TO THE BAINBRIDGE ISLAND METROPOLITAN PARK AND RECREATION DISTRICT (BIMPRD), AB 15-048 8:44 PM Council received a status update on transfer to BIMPRD of property at Pritchard Park that is currently jointly owned by the City and BIMPRD. City Manager Schulze will continue to discuss transfer of Pritchard Park parcel-by-parcel with BIMPRD. E. PROPOSED RELOCATION OF MADISON TOT LOT DRIVEWAY EASEMENT AND RECORDING OF CONSERVATION EASEMENT MADISON TOT LOT PROPOSED EASEMENT RELOCATION, AB 15-078 8:51 PM The property upon which the Madison Tot Lot is located was conveyed in 2009 by the City to the Bainbridge Island Metropolitan Park District (the “District”). That conveyance included a Conservation Easement, which was attached to the materials recorded but not executed by the parties. On April 14, 2015, the City Council directed the City Attorney to have recorded the Conservation Easement, which provides for monitoring and enforcement of activities on the Tot Lot property to ensure that the conservation values (that it remain a park and contain no sport courts or other structures) are preserved. Blue North Development, the owner of the property surrounding the Tot Lot, wishes to relocate the existing driveway easement. A drawing of the proposed relocated easement is included in the agenda packet. Should the City record the Conservation Easement, relocation of the driveway easement will not be allowed, because paragraph 4.2 of the Conservation Easement prevents surface alteration, including grading. Both the District as owner of the Tot Lot and Blue North Development as owner of the property to the South of the Tot Lot wish to relocate the easement as the relocation will provide access to the Tot Lot from the South and from the East. The City has been asked not to record the Conservation Easement until Blue North and the District have executed Declaration of Covenant and Reciprocal Easement to replace the 1997 easement and relocate the easement. Staff has been asked to bring this matter to the Council for additional discussion regarding whether the Council wishes to record the Conservation Easement immediately, thereby preventing relocation of the driveway easement, or whether Council wishes to delay recording of the Conservation Easement until after the relocation of the driveway easement has been completed. Public Comment Jim Laughlin, developer of the Tot Lot property, offered comment on the recording of the 1997 covenant, which he believes is the primary item to be completed. Regarding the tree in the driveway, he said the removal of tree could be done. John Parsons, Madison Avenue, stated he is not against the project and would like to correct the notion that the park is at present time underused; it is very active. Steve Gall, Madison Avenue, does not want to see the driveway paved. Katherine Pierce, Madison Avenue, spoke to the usage of the Tot Lot and how the activity there has tripled in the past year. Olaf Ribiero is pleased the tree may be saved. Margaret Celestino, Knechtel Way, had a question about the cherry tree remaining; she wanted clarification on how the path would be jogged. Next Steps: Council reached consensus that relocation is a matter to be resolved between the two owners (BIMPRD and Jim Laughlin) and to delay recording of the conservation easement until the 1997 conveyance is revised. F. SETTLEMENT AGREEMENT FOR NEW CINGULAR WIRELESS V. CITY OF BAINBRIDGE ISLAND, ET AL, AB 15-106 9:14 PM New Cingular Wireless sued the City of Bainbridge Island and numerous other cities claiming that it incorrectly paid utility taxes to the City on internet services. The case between the wireless provider and the City of Bothell resulted in a Division One Court of Appeals decision that limited the amount the carrier could recover under the applicable statute of limitations. Thus, all the cities’ exposures were significantly reduced by this decision. The defendant cities and New Cingular Wireless reached a global settlement agreement under which the cities will pay collectively $1.2m, or approximately 18% of the original claimed amount. For the City of Bainbridge Island, the original claimed amount was $124,993.82, and the settlement amount is $23.048.78. The settlement negotiations also resulted in two options for paying the settlement amount. The first is to submit a check in the Settlement amount to New Cingular. The second is to provide New Cingular a credit against future local utility user surcharges up to the amount of the settlement. It is staff’s preference to provide the carrier a credit against future surcharges. 3 257 REGULAR STUDY SESSION TUESDAY, MAY 19, 2015 9:16 PM MOTION: I move that the City Council approve the settlement agreement in New Cingular Wireless v. City of Bainbridge Island as shown on the attached and provide New Cingular a credit in the amount of $23,048.78 against future local utility user surcharges. BONKOWSKI/ROTH: The motion carried 6-1. (Scott) 7. COUNCIL DISCUSSION 9:17 PM A. SUZUKI PROPERTY, AB 14-119 On November 3, 2014, the City hosted a community workshop on the City-owned Suzuki property. The purpose of the workshop was to solicit community input on whether and how the property should be sold, and what use should be made of the property. The workshop included presentations of conceptual development proposals by ArcStudio, Cutler Anderson, Housing Kitsap and Housing Resources Board. Workshop participants urged the City Council to use the property for community benefit. Ideas included turning the property over to the School District, preserving it as open space, or using if for affordable housing. Concerns that were expressed included overdevelopment, traffic impacts and loss of open space/wildlife habitat. Participants also advised the City to be deliberative, and asked that the decision-making timeline be extended. The City Council discussed the results of the workshop on January 6, 2015. Upon conclusion of the discussion, the Council agreed that the Suzuki subcommittee should meet to discuss how to move forward with the Suzuki property. The purpose of the May 19 discussion is to update the Council on subcommittee discussions and seek direction on whether there has been adequate public outreach as to the use of the property, and the feasibility of using a development consultant to assist the City in determining the most effective way to surplus the property. Public Comment Greg Millard, Whited Place, proposed a concept that was developed that would follow the existing zoning, provide for substantial buffers where there are existing wetlands and maintain the harmony of the neighborhood. Herb Heathcote, Commodore Lane, referenced the report of the task force. Bill Davis, Commodore Lane, is concerned about the water issue if the property is developed. There is an environmental impact that has not been addressed. Roberto Gurza stated he is very supportive of affordable housing that contributes to the health of the community. Leslie Marshall, Commodore Lane, stated this is just one parcel that should be considered when there is any development. Need to keep preserving the land; how can we keep every drop of rain. Marshall __________, Susan Place, referenced the 2008 task force report. Martin__________, Capstan Drive, does not think it’s fair to use an 8-year old report that did not include the participation of the newer residents. Leslie Rice, Commodore Lane, agreed with Martin’s comments. Feels the island is becoming less and less recognizable. Derrick Reeves, referenced a study he did on Shanti Lane to get an idea of the density with 28 houses. Susan Lorenz, Coral Court, commented on the traffic impacts. A traffic study needs to be completed. Andre Lorenz, Coral Court, is concerned about the increased density and the appearance of upzoning. Mr. Lorenz believes the consultant recommend by HRB should be disqualified. Joseph Tran, Capstan Drive, pointed out when talking about traffic, he hears about congestion but not about the increased load on schools and crimes. Mark Blatter, HRB director, stated HRB has not hired any consultants; no grants have been received. They have received an award from a foundation to support planning work for the Suzuki property. Sophie Frieda, Capstan Drive, is worried about the traffic and any increase that will occur. 4 258 REGULAR STUDY SESSION TUESDAY, MAY 19, 2015 Jennifer Pells, Commodore Lane, is also worried about the increase in traffic. James Shepard, North Town Woods, stated his concerns about the increased traffic load. Next Steps: The Council will review the Statement of Qualifications; the agenda item will be brought back to another study session for discussion. B. ELECTION OF DEPUTY MAYOR FOR JUNE THROUGH DECEMBER 2015 10:13 PM Upon nomination, Councilmember Scott was elected to serve as Deputy Mayor for the remainder of the year. 8. COMMITTEE REPORTS 10:14 PM A. NON-MOTORIZED TRANSPORTATION ADVISORY COMMITTEE NOTES, MAY 13, 2015 (ROTH) B. UTILITY ADVISORY COMMITTEE NOTES, MAY 14, 2015 (TOLLEFSON) C. COUNCIL LIAISON REPORT – (MAYOR BLAIR) 9. REVIEW UPCOMING COUNCIL MEETING AGENDAS 10:20 PM June 2 Waterfront Park 100% Design Update (Info.) Funding Model for Public Art Program (Info.) Ordinance No. 2015-07, Traffic Impact Fees - 1st Reading (Info.) Ordinance No. 2015-13, Consolidating the Harbor Commission and Road Ends Committee - 1st Reading (Info.) Ordinance 2015-10, Tent City Regulations - 1st Reading (Info.) Manitou Beach Road Parking Project Update (Info.) City Dock Boating Infrastructure Grant (BIG Authorizing Resolution (Info.) 10. FOR THE GOOD OF THE ORDER 10:25 PM 11. ADJOURNMENT 10:28 PM The meeting was adjourned at 10:28 p.m. _______________________________ Anne S. Blair, Mayor ________________________________________ Kelly Jahraus, Records Management Coordinator 5 259 260 REGULAR STUDY SESSION TUESDAY, JUNE 2, 2015 ITEMS DISCUSSED 1. EXECUTIVE SESSION: CURRENT LITIGATION (RCW 42.30.110(1)(i)); REVIEW PERFORMANCE OF AN EMPLOYEE (RCW 42.30.110(1)(g)) 2. CALL TO ORDER / ROLL CALL 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 4. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 5. STAFF INTENSIVE A. RESOLUTION NO. 2015-11, CITY DOCK BOATING INFRASTRUCTURE GRANT, AB 15-072 B. CONSIDER APPROVAL OF WATERFRONT PARK 100% DESIGN, AB 13-025 C. FUNDING MODEL FOR PUBLIC ART PROGRAM, AB 15-008 D. CONSIDER APPROVAL OF MANITOU BEACH DRIVE PARKING PROJECT DESIGN, AB 14-194 E. ORDINANCE NO. 2015-10, TENT CITIES AS AN ALLOWED TEMPORARY USE REGULATIONS, AB 15-109 F. ORDINANCE NO. 2015-13, PROPOSAL TO CONSOLIDATE HARBOR COMMISSION AND ROAD ENDS COMMITTEE, AB 15-112 6. COMMITTEE REPORTS A. UTILITY ADVISORY COMMITTEE NOTES, MAY 21, 2015 B. CITY OF BREMERTON’S WITHDRAWAL FROM KITSAP REGIONAL COORDINATING COUNCIL 7. REVIEW UPCOMING COUNCIL MEETING AGENDAS 8. FOR THE GOOD OF THE ORDER 9. ADJOURNMENT 1. EXECUTIVE SESSION: CURRENT LITIGATION (RCW 42.30.110(1)(i)); REVIEW PERFORMANCE OF AN EMPLOYEE (RCW 42.30.110(1)(g)) 6:30 PM Deputy Mayor Scott called an executive session to order at 6:30 p.m. with Councilmembers Blair, Blossom, Bonkowski, Roth, Tollefson, Townsend and City Attorney Marshall to discuss Current Litigation (RCW 42.30.110(1)(i)); and Review Performance of an Employee (RCW 42.30.110(1)(g)). The recording system was turned off and a notice was posted on the door of the Council Chamber. The executive session adjourned at 7:00 p.m. No action was taken. 2. CALL TO ORDER / ROLL CALL 7:00 PM Deputy Mayor Scott called the meeting to order at 7:00 p.m. with Councilmembers Blair, Blossom, Bonkowski, Roth, Tollefson and Townsend present. Records Management Coordinator Jahraus monitored the recording of the meeting and prepared the minutes. 3. ACCEPTANCE OR MODIFICATION OF AGENDA / CONFLICT OF INTEREST DISCLOSURE 7:01 PM 7:01 PM MOTION: I move we accept the agenda as presented. BONKOWSKI/BLAIR: The motion carried 7-0. 4. CITY MANAGER’S REPORT: COMPREHENSIVE PLAN/NAVIGATE BAINBRIDGE UPDATE 7:02 PM • Branding Roundtable discussions • Road Ends Committee Spring Fling • Boaters Fair 5. STAFF INTENSIVE 7:03 PM A. RESOLUTION NO. 2015-11, CITY DOCK BOATING INFRASTRUCTURE GRANT, AB 15-072 Public Works Director Loveless briefed Council explaining that at the April 28, 2015 City Council meeting, the Council approved finalizing the design and awarding the contract to PND Engineers. The City applied for a Washington Recreation and Conservation Office (RCO) Boating Facilities Program (BFP) grant in 2014 for the portion of the replacement dock designed to support trailerable boats (less than 26 feet). The City requested BFP grant funding of $835,461 and is awaiting final determination of the grant status. It is recommended that the City pursue additional grant funding through the Federal Boating Infrastructure Grant (BIG) program for the portion of the replacement dock designed to accommodate larger boats (greater than 26 feet). The City can request grant funding of $243,000 for this portion of the project, which requires a City match of $82,000. The BIG program requires the governing body to pass an authorizing resolution for the eligibility of receiving grant funds, if the application is successful. 1 261 REGULAR STUDY SESSION TUESDAY, JUNE 2, 2015 7:06 PM MOTION: I move that the City Council approve Resolution No.2015-11 authorizing city matching funds of $82,000 for the Boating Infrastructure Grant if the grant application is successful. BLAIR/BONKOWSKI: The motion carried 7-0. B. CONSIDER APPROVAL OF WATERFRONT PARK 100% DESIGN, AB 13-025 7:07 PM Engineering Project Manager Epstein addressed Council. The Waterfront Park improvements are included in the Winslow Master Plan and part of the City’s Comprehensive Plan. In 2013, the City undertook an extensive public outreach effort that culminated a 30% design for the Park. At the February 10, 2015 meeting, City Council approved the Waterfront Park Phase 1 design with Walker Macy in the amount of $83,978. Public Comment Sandy Fischer, Salmon Run Lane, stated the plan presented is much improved and encouraged Council to approve the plan and move it forward. Olaf Riberio, Manitou Beach Drive, thanked Mr. Epstein for his time. Debbi Lester, Ericksen Avenue, had a prepared slide show to share with Council. Peggy Mulvern, asked Council to consider the big trees; don’t replace with store bought. 7:48 PM MOTION: I move that the City Council approve the Waterfront Park Phase 1 final design. TOLLFESON/BONKOWSKI: The motion carried 7-0. C. FUNDING MODEL FOR PUBLIC ART PROGRAM, AB 15-008 7:48 PM Deputy City Manager Smith and City Attorney Marshall both addressed Council on the agenda item. The City’s Municipal Code establishes a Public Art Program and designates BIAHC as the agency to oversee this program. The Code establishes a Public Art Committee (PAC) which is structured such that the Chair of the PAC is a member of the BIAHC Board of Directors (see BIMC 3.80.010, 3.80.020, and 3.80.040). In 2010, the funding mechanism for the Public Art Program was suspended by City Council motion. Funding can be reinstated at any time by motion of the City Council. At the City Council Study Session on Feb. 3, 2015 the City Council considered options to provide revenues for the Public Art Program and received information from the Public Art Committee. The Council directed staff to prepare a draft of potential changes to BIMC 3.80 and to develop information on how the City might resume funding for the Public Art Program. The following materials provide detail on options for a funding mechanism, estimates of funds required/generated, and implementation issues. The City Attorney and Deputy City Manager met with the PAC in early May to review the proposed changes, discuss initial funding estimates, and answer questions. Public Comment Barbara Sacerdote, executive director of BIAHC, prefers a lump sum funding model. Dominique Cantwell, Garibaldi Loop, thanked Council for their time and consideration. Sandy Fischer, Salmon Run Lane, provided general comment on art in public places. Jenny Coates, Lynwood Center Road, expressed the allocating of expenses after the project is completed. Debbi Lester, Ericksen Avenue, served on the PAC for nine years. Stated we should be prepared for art work in Waterfront Park. Doug Nathan, New Sweden, thanked Council. Is concerned about a flat fee; 2% is a more stable model. Recommended Action: Council supports 2% of eligible costs attached to a capital project event. Council requested language regarding a case-by-case review of facilities projects for potential additional public art investment. 2 262 REGULAR STUDY SESSION TUESDAY, JUNE 2, 2015 D. CONSIDER APPROVAL OF MANITOU BEACH DRIVE PARKING PROJECT DESIGN, AB 14-194 8:32 PM The goal of the new parking area is to facilitate public access to the site and also the adjacent 200' wide City-owned tideland property. Both properties were purchased using funds from the Open Space Bond Initiative and offer unique opportunities for public enjoyment of marine views, access to Puget Sound, native vegetation, and wildlife. At a City Council Study Session on April 21, 2014, Council discussed options and expressed support for a plan to provide parking on the upland parcel to improve public access opportunities at the site, and directed staff to further investigate the feasibility of providing a limited parking area at the upland site. At the City Council Study Session on December 2, 2014, staff presented information on the existing site conditions, the permitting and environmental considerations, and plans illustrating potential preliminary layouts for a parking area for three cars, four cars, and six cars respectively. Council continued to express support for the project and directed staff to gather input from the community and return to Council with a recommendation. A community meeting was held on March 25, 2015 to discuss the Manitou Beach Drive public access general design including parking size and location and other amenities. At that meeting, a number of issues were discussed and suggestions made to move the parking as close to the road as possible, provide a boardwalk to the tidelands parcel, native plantings, a bench, and bike racks. Other suggestions related to traffic calming, other site furnishings, and signs. These are not a part of this plan for capital improvements. Public Comment Karen Polinsky, NE Beachcrest, thanked city for listening to their concerns. Likes the handicap portion, spoke in favor of two cars, two bikes. Linda Sohlberg, Manitou Beach Drive, thanked Mark Epstein for taking the time to visiting the site. She also provided a graphic with a four-car stall. Charles Schimd, stated the fundamental goal is to provide access to the water. Agrees with the two parking stalls. Need a dawn to dusk sign. Thanked Mark Epstein and Morgan Smith for a very successful meeting. Elise Wright, Bill Point, is pleased to see the project going forward. Doug McKinty, Manitou Beach Drive, asked if there has been any no-net loss conversation regarding the parking lot. Tim Swanson, lives in the house that sits behind the parcel and would like to see a set of restrictions and management practices with regarding to the parking spaces. Kirk Robinson, BIMPRD, stated that the district was asked by Mark Epstein to take a look at the parking stalls. Advises to not put single pole bike racks. Jean Swanson, has concerns about the access road. Mark Williamson, Manitou Beach Drive, is concerned about the traffic impacts of the parking spaces. 9:14 PM MOTION: I move that the City Council: (1) approve final design for the Manitou Beach Drive Parking project; (2) add the project to the 2015 Capital Improvement Plan; and (3) approve a budget amendment in the amount of $45,00 from the General Fund increasing the spending authority for this project. BLAIR/ROTH: The motion carried 7-0. E. ORDINANCE NO. 2015-10, TENT CITIES AS AN ALLOWED TEMPORARY USE REGULATIONS, AB 15-109 9:14 PM On June 2, 2015, the City Council will conduct first reading on draft Ordinance 2015-10, which makes provisions for “tent cities,” or homeless encampments, as an allowed temporary use on church properties. The City is processing this ordinance to satisfy its insurer, Washington Cities Insurance Authority (WCIA). As a risk management policy, WCIA has required its member cities to enact ordinances providing for temporary use permits for homeless encampments such as Tent City/SHARE. 3 263 REGULAR STUDY SESSION TUESDAY, JUNE 2, 2015 No homeless encampment has applied for a temporary use permit, nor is the City aware of any plans for a homeless encampment to locate within the City or on church property located within the City. However, if in the future, a church within the City limits hosts a homeless encampment, this ordinance provides the City with tools to ensure the health and safety of the residents of the City. The Planning Commission conducted two study sessions on Ordinance 2015-10 on April 23 and May 14, 2015. 9:24 PM MOTION: I move the City Council schedule a public hearing on Ordinance 2015-10 for June 9, 2015. TOLLEFSON/TOWNSEND: The motion carried 7-0. F. ORDINANCE NO. 2015-13, PROPOSAL TO CONSOLIDATE HARBOR COMMISSION AND ROAD ENDS COMMITTEE, AB 15-112 9:25 PM At the May 5, 2015 Study Session, the City Council discussed a proposal to create a new citizen advisory committee to consolidate The efforts of two existing groups: the Road Ends Committee and the Harbor Commission. Both groups have a long history of service to the City and share a focus on opportunities for public access to, and engagement with, our community’s extensive and unique shoreline. The City Attorney has prepared a draft ordinance to create a new Public Water Access Committee. The draft ordinance includes a proposed process to transition the current membership of the two groups (seven positions for the Harbor Commission and seven for the Road Ends Committee) to an eventual standard committee size of seven. As proposed, this membership transition would be made over more than one year but would allow the continued participation of all current members who are eligible for reappointment. An illustration of the proposed membership transition is provided for review. 9:34 PM MOTION: I move the City Council schedule approval of Ordinance 2015-13, to consolidate the Road Ends Committee and the Harbor Commission into a new Public Water Access Committee, for the consent agenda on June 9, 2015. TOWNSEND/BLAIR: The motion carried 7-0. 6. COMMITTEE REPORTS 9:34 PM A. UTILITY ADVISORY COMMITTEE NOTES, MAY 21, 2015 B. CITY OF BREMERTON’S WITHDRAWAL FROM KITSAP REGIONAL COORDINATING COUNCIL 7. REVIEW UPCOMING COUNCIL MEETING AGENDAS 9:39 PM June 9 Executive Session - Property Acquisition Public Safety Facility Site Selection (Consider Action) Ordinance 2015-10 Tent Cities as an Allowed Temporary Use Public Hearing (Consider Action) Discussion of Home Sharing Regulations - AirBNB (Info.) Approve Professional Services Agreements Associated with SMP Monitoring Program with University of Washington for LIDAR Monitoring Approve 2015 City Manager Goals - added Force Analysis System™ and COPS Grant Opportunity - added Ordinance No. 2015-13 Consolidating the Harbor Commission and Road Ends Committee (Consider Action) Resolution No. 2015-09 Establishing Electric Vehicle Charging Station Fees (Consider Action) Work Session: Storm and Surface Water Management Utility Overview and Utility Advisory Committee Recommendations Transportation Benefit District Regular Meeting: Approve Spending Plan 8. FOR THE GOOD OF THE ORDER 9:46 PM 9. ADJOURNMENT 9:50 PM The meeting was adjourned at 9:50 p.m. __________________________________ Anne S. Blair, Mayor _______________________________________ Kelly Jahraus, Records Management Coordinator 4 264 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee Date: June 9, 2015 Agenda Item: Consent Agenda Bill No.: 15-105 Proposed By: Ellen Schroer, Finance Director Referral(s): BUDGET INFORMATION Department: Finance Fund: Munis Contract # Expenditure Req: N/A Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: May 19, 2015 Recommendation: Forward to June 9, 2015 consent agenda City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Consider approval of Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee to the June 9, 2015 consent agenda. History: The City installed a new electric vehicle charging station on Winslow Way in 2015. The City owns this charging station and pays for the electricity used by vehicles which use the station. RECOMMENDED ACTION Motion: I move that the City Council approve Resolution No. 2015-09, Establishing Electric Vehicle Charging Station Fee. 265 RESOLUTION NO. 2015-09 A RESOLUTION of the City of Bainbridge Island, Washington, relating to the charge for electricity at the City’s vehicle charging station; and amending Section 9 of the City’s Fee Schedule. WHEREAS, the City has a charging station for electric vehicles on Winslow Way; and WHEREAS, the rate for electricity at the charging station has been set; and WHEREAS, the City’s Fee Schedule needs to be updated to add the rate; now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND DOES RESOLVE AS FOLLOWS: Section 1. Section 12 of the City’s Fee Schedule, Miscellaneous Fees, is hereby amended to add the following section: VEHICLE CHARGING STATION $0.49 kw/hr PASSED by the City Council this ___ day of __________, 2015. APPROVED by the Mayor this ___ day of _____________, 2015 Anne S. Blair, Mayor ATTEST/AUTHENTICATE: _____________________________ Rosalind D. Lassoff, City Clerk FILED WITH THE CITY CLERK: May 14, 2015 PASSED BY THE CITY COUNCIL: RESOLUTION NO.: 2015- 09 266 CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Ordinance No. 2015-13, Consolidating Harbor Commission and Road Ends Committee Date: June 9, 2015 Agenda Item: Consent Agenda Bill No.: 15-112 Proposed By: Executive Referral(s): BUDGET INFORMATION Department: Fund: Munis Contract # Expenditure Req: none Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: June 2, 2015 Recommendation: Forward to June 9, 2015 consent agenda City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A DESCRIPTION/SUMMARY Action Item: Consider approval of Ordinance No. 2015-13. Background: At the May 5, 2015 Study Session, the City Council discussed a proposal to create a new citizen advisory committee to consolidate the efforts of two existing groups: the Road Ends Committee and the Harbor Commission. Both groups have a long history of service to the City and share a focus on opportunities for public access to, and engagement with, our community’s extensive and unique shoreline. The City Attorney has prepared a draft ordinance to create a new Public Water Access Committee. The draft ordinance includes a proposed process to transition the current membership of the two groups (seven positions for the Harbor Commission and seven for the Road Ends Committee) to an eventual standard committee size of seven. As proposed, this membership transition would be made over more than one year but would allow the continued participation of all current members who are eligible for reappointment. An illustration of the proposed membership transition is provided for review. RECOMMENDED ACTION: I move the City Council approve Ordinance 2015-13. 267 ORDINANCE NO. 2015-13 AN ORDINANCE of the City of Bainbridge Island, Washington, repealing Bainbridge Island Municipal Code Chapter 2.34, Road Ends Committee, repealing Bainbridge Island Municipal Code Chapter 2.46, Harbor Commission, and adopting a Bainbridge Island Municipal Code Chapter 2.35, Public Water Access Committee WHEREAS, the Road Ends Committee was created in 1992 in order to develop annual work plans to implement recommendations for the appropriate utilization of the City’s road ends, thereby assuring the public’s access to certain areas of the city’s extensive and unique shorelines; and WHEREAS the Harbor Commission was created in 1998 in order to act on all matters pertaining to the harbors and waters of the city consistent with the provisions of the Bainbridge Island Municipal Code and direction of the city council; WHEREAS, the appointment of new members to the city’s committees and commissions is to be completed by July 1st of each year, and WHEREAS, the City desires to consolidate the Road Ends Committee and the Harbor Commission because both groups also have a mission that shares focus on opportunities for public access to, and engagement with, our community’s extensive and unique shoreline. WHEREAS, the City Council of the City of Bainbridge Island finds that a valuable benefit related to public access – both to and from the water – will be gained by joining the work of these two groups; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Bainbridge Island Municipal Code Chapter 2.34, Road Ends Committee, is hereby repealed in its entirety. Section 2. Bainbridge Island Municipal Code Chapter 2.46, Harbor Commission, is hereby repealed in its entirety. Section 3. A new Chapter 2.35 of the Bainbridge Island Municipal Code, Public Water Access Committee, is hereby adopted to read as follows: 1 268 Chapter 2.35 Public Water Access Committee Sections: 2.35.010 Created – Membership, appointment, term and compensation. 2.35.020 Vacancies – Removal. 2.35.030 Duties and responsibilities. 2.35.040 Meetings, officers, records and quorum. 2.34.010 Created – Membership, appointment, term and compensation. A. There is created a public water access committee for the city, hereinafter called the committee. The committee shall consist of seven voting members who shall be appointed by the mayor and confirmed by vote of the city council. B. Members shall not be employees or officers of the city or appointed to another city committee, board or commission, except for specialized committees or task forces of limited duration. C. To establish the committee, initial committee appointments will include all current members of the Road Ends Committee with unexpired terms and all current members of the Harbor Commission with unexpired terms. This may create a Public Water Access Committee that is temporarily larger than the permanent committee membership of seven. During this transition period, all appointed members will be voting members. If the committee membership during this transition period is greater than seven, a quorum will be a majority of the currently appointed, voting members. Initially, committee members will be appointed for terms for which the expiration date matches the expiration date of the member’s current position on either the Road Ends Committee or Harbor Commission. In addition, current members of either the Road Ends Committee or the Harbor Commission who hold position terms that expire on June 30, 2015 and who are eligible for reappointment will be offered an initial appointment to the new committee for a two-year term that expires on June 30, 2017. In subsequent years, the number of committee vacancies will be adjusted as needed to achieve the standard committee size of seven with staggered terms as described in BIMC 2.35.010(D). 2 269 D. Members of the committee shall serve for a period of three years, commencing on July 1st and ending on June 30th three years later. Members shall be appointed to a position number, and the terms are to be staggered, with no more than three positions expiring in any given year. A member may be reappointed, and shall hold office until his or her successor has been appointed and has qualified. No member shall serve more than three consecutive terms unless the city council determines that special expertise is required, or there are no other qualified applicants. E. Members shall serve without compensation. 2.34.020 Vacancies – Removal. Members may be removed upon a majority vote of the city council. In the event of a vacancy, the mayor, subject to confirmation of the city council, shall make an appointment to fill the unexpired portion of the term of the vacated position in accordance with the city’s appointment cycle. Unexcused absence by any member from three consecutive meetings shall constitute grounds for removal. 2.34.030 Duties and responsibilities. The public water access committee, working in collaboration with the city, shall implement recommendations for the appropriate provision of public access to water. The public water access committee shall: A. Work to support awareness, management, and enhancement of public access to and from the island’s waters and water dependent activities; B. Actively seek opportunities for public engagement and public outreach to increase awareness of public water access sites of all type (water access, water view, etc.); C. Promote and coordinate opportunities to develop island-wide public water access sites, especially road ends, as appropriate circumstances occur; D. Develop and recommend new road end and harbor management policies as needed, for island-wide water access sites; 3 270 E. Coordinate with appropriate City staff to implement the public water access policies and goals of the council through measures which include, but are not limited to, recommendation of ordinances, regulations, and other means; F. Initiate, manage, encourage, and support a program for community stewardship of individual water access and road end sites throughout the community; G. Actively seek to leverage city resources by identifying donation and grant opportunities and assessing for alignment with City goals and priorities; H. Enlist volunteers, neighborhood members, and community organizations to assist with the implementation of approved plans and/or projects adopted by the city council; I. Develop an annual work plan in collaboration with appropriate city staff, and submit the proposed work plan to city council for review and approval each year, along with a report on results of the prior year workplan; J. Such other duties and responsibilities as may be assigned by the City Council 2.34.040 Meetings, officers, records and quorum. A. The committee shall meet at least monthly. Meetings shall be open to the public and held in accordance with the Open Public Meetings Act (Chapter 42.30 RCW). B. The committee shall select from among its members a chairperson for a one-year term at the first regular meeting of each year. C. For meetings consisting of a majority of the then serving voting members of the committee, the committee shall provide public notice of the meeting and shall keep a record of its meeting minutes. Minutes of each meeting, including a record of attendance, shall be prepared by the secretary and approved and signed at a subsequent meeting. The minutes do not need to reflect the actual discussion, but only the formal actions taken by the committee. The approved meeting minutes shall be posted on the city’s web site. 4 271 D. The city shall provide city email accounts to voting members and related training on the use of email accounts, including personal computer privacy expectations while serving on the committee. E. A majority of the voting members then serving on the committee shall constitute a quorum. Section 4. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this day of , 2015. APPROVED BY THE MAYOR this day of , 2015. Anne S. Blair, Mayor ATTEST/AUTHENTICATE: Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: May 28, 2015 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: 2015-13 5 272 M. Smith City of Bainbridge Island May 28, 2015 Public Water Access Committee - Initial Appointments Public Water Access Committee - Membership Transition June 2015 June 2016 June 2017 Positions that expire in June 2016 6 0 Positions that expire in June 2017 6 6 Positions that expire in June 2018 0 1 2 Positions that expire in June 2019 2 Positions that expire in June 2020 3 Total Members 12 7 7 0 2 4 6 8 10 12 14 Current Positions Going Forward Combined (as of 6/30/15) Harbor Commission Road Ends 27 3 274 TO: City Council RE: Non-Motorized Transportation Advisory Committee June 3, 2015 Committee Meeting Notes Present: Alyse Nelson, Chair, Demi Allen, Christian Ford, Lief Horwitz, Patty Lyman, and Don Willott. Absent: Marsha Cutting. Also attending were COBI Liaison Wayne Roth, Park District Liaison Kirk Robinson, and City Engineer Chris Hammer. Guests: Maradel Gale, John Grinter, Peter Harris, Ross Hunter. Alyse called the meeting to order at 7:05pm. Minutes from prior meetings were approved. Hawley Cove Park Trail BIPRD’s Shoreline Substantial Development Permit (SSDP) application was distributed at the meeting. After a discussion about trail route options, Alyse asked the Committee to provide comments, if any, to COBI. Maradel noted that impacts on shoreline should be minimized. City Engineer’s Report • Wing Point construction start delayed to spring ’16. • STO working through environmental mitigation (stormwater). May take several months. • Olympic Drive – State process moving but rights-0f-way and other issues still to be resolved. The goal is to award a contract by the end of the year. • The Hyla School still wants a crosswalk to the Legion parking lot but is no longer supportive of easement/trail on its property. Project on hold. • Chris is making progress on a traffic model. The committee and guests had a lengthy, wide-ranging discussion about defining standards (e.g., shoulder widening vs. separated paths) in C40 projects. The Connectivity Map and timetables for the 2016 CIP budget update and transportation element of the comp plan were also discussed but no actions were taken. The meeting ended at 9:30pm. Respectfully submitted Wayne Roth NMTAC Liaison 275 276 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 2 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm Kelly 25 16-Jun Morgan Lisa Roz 25 23-Jun Executive Session - Review Qualifications of an Applicant for City Employment (30 minutes) EXEC 30 Public Safety Facility Discussion EXEC 30 Public Safety Facility Discussion CC 15 Appointments to City Boards, Commissions and Committees (Consider Action) EXEC 20 Proposal for Allocation of Funds for Health, Housing, and Human Services (Info.) PCD CA Resolution No. 2015-05, Amending the PCD Administrative Manual (Consider Action) CC 20 Discussion of Suzuki Property (Info.)PCD CA Ratification of Revisions to Countywide Planning Policies (Consider Action) PCD 15 Resolution No. 2015-05, Amending the PCD Administrative Manual (Info.) PD CA WestNET Interlocal Agreement (Consider Action) EXEC 15 Community Identity Update (Info.)70 PD 10 WestNET Interlocal Agreement (Info.) EXEC 10 Approve 2015 City Manager Goals - moved from 6/9 EXEC 10 Ordinance No. 2015-15, Amending BIMC 3.80 Related to Public Art Program, 2nd Reading/Unfinished Business (Consider Action) - added Work Session PCD 5 Ratification of Revisions to Countywide Planning Policies (Info.) CC 30 Resolution No. 2015-07 Review Updates to the City Council Governance Manual (Consider Action) 160 30-Jun 5th Tuesday - no meeting 27 7 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 3 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm Ellen Kelly 25 7-Jul 14-Jul EXEC 30 Ordinance Related to Public Safety Facility - 1st Reading (Info.) EXEC Franchise Fee Options (Info.) - moved to 8/11 PW 20 Ordinance No. 2015-07 Traffic Impact Fees - 1st Reading (Info.) PCD 15 Ordinance No. 2015-14 ADU Regulations - 1st Reading (Schedule public hearing 7/21) EXEC 15 Public Art Project at Waypoint: Project Update (Info.) - moved from 6/9 PCD 10 Comprehensive Plan Update (Info.) PW 10 Construction Administrative Services PSA - blanks (Info.) PW 10 Resolution No. 2015-10, General Sewer Plan Acceptance (Unfinished Business) - added PW 10 Islandwide Chip Seal Construction Award- blanks (Info.) - added FIN Budget Calendar and Financial Policies (Info.) - moved to 7/21 145 27 8 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 4 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm Kelly 25 21-Jul 28-Jul EXEC 30 Ordinance Related to Public Safety Facility, 2nd Reading (Consider Action) PW 30 Ordinance 2015-__ Update to SSWM Code BIMC 13.24, 1st Reading (Consider Forwarding to 8/11 Unfinished Business) PCD 15 Ordinance No. 2015-14 ADU Regulations Public Hearing (Consider Action) PCD 15 Ordinance No. 2015-04 (Formerly 2014-07) Landscaping and Tree Ordinance - 1st Reading (Info.) PW 10 Ordinance No. 2015-07 Traffic Impact Fees - 2nd Reading/Consent Agenda or Unfinished Business (Consider Action) FIN 10 Budget Calendar and Financial Policies (Info.) - moved from 7/7 PW 10 Wing Point Chip Seal Construction Award - blanks (Info.) - added PW 5 Islandwide Chip Seal Construction Award - Unfinished Business (Consider Action) - added PW 5 Islandwide Chip Seal Construction Award - Unfinished Business (Consider Action) - added PW 5 Construction Administrative Services PSA - Unfinished Business (Consider Action) 160 27 9 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 5 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm 4-Aug Roz 25 11-Aug FIN 15 2015 Mid-Year Financial Update/Preliminary 2016 Forecasts FIN 10 Q2, 2015 Budget Amendments - 1st Reading (Info.) PW 10 Ordinance 2015-__, Update to SSWM Code BIMC 13.24, 2nd Reading (Consider Action) PCD 10 Ordinance No. 2015-04 (Formerly 2014-07), Landscaping and Tree Ordinance - Public Hearing (Consider Action) PW 5 Wing Point Chip Seal Construction Award - Unfinished Business (Consider Action) - added 75 EXEC 20 Franchise Fee Options (Info.) - moved from 7/7 18-Aug Roz 25 25-Aug FIN CA Q2, 2015 Budget Amendments, 2nd Reading (Consider Action) 25 Work Session FIN 30 Utility Tax Discussion 28 0 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 7 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm Kelly 25 1-Sep Roz 25 8-Sep PCD EXEC 20 Wireless Communications Facilities Ordinance - 1st Reading (Info.) PCD EXEC 10 Ordinance Regarding Wireless Communications Facilities Public Hearing (Consider Action) FIN 20 Ordinance No. 2015-__, SSWM Rates - 1st Reading (Info.) FIN CA Ordinance No. 2015-__, SSWM Rates, 2nd Reading (Consider Action) 65 35 `` Kelly 25 15-Sep Roz 25 22-Sep 28 1 2015 PROPOSED COUNCIL CALENDAR ITEMS 6/4/2015 Page 8 Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Study Session 7 pm Ab s e n c e s Cl e r k De p a r t m e n t Ti m i n g ( m i n ) Business Meeting 7 pm 29-Sep 5th Tuesday - no meeting 28 2 . CITY OF BAINBRIDGE ISLAND CITY COUNCIL AGENDA BILL PROCESS INFORMATION Subject: Storm & Surface Water Management Utility Review and Utility Advisory Committee (UAC) Recommendations Date: June 9, 2015 Agenda Item: Work Session Bill No.: AB: 14-030 Proposed By: Public Works Director Barry Loveless BUDGET INFORMATION Depart/Fund: N/A Expenditure Req: $ N/A Budgeted? Yes No Budget Amend. Req? Yes No REFERRALS/REVIEW Study Session: Recommendation: City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A Action Item: The Utility Advisory Committee (UAC) and City staff to update the City Council on the Storm & Surface Water Management (SSWM) Utility Review and UAC Recommendations. Attachment 1 is the summary of UAC's tentative recommendations regarding SSWM rates. The committee will be reviewing and updating this at their meeting on June 8, so the attachment may be revised before the City Council meeting. Attachment 2 is the staff's proposed timeline for the SSWM Review through December 2015. Attachment 3 is the updated SSWM Review Report prepared by the Public Works Department and updated for input received to date from the UAC. RECOMMENDED ACTION Motion: I move that the City Council accept the UAC recommendations on the SSWM Utility and direct staff to proceed with preparing an ordinance to revise the Bainbridge Island Municipal Code and begin auditing individual properties. 283 Properties Current Code UAC Consensus Undeveloped Property (Native) No SSWM fee No SSWM fee Single Family (SFR)1 ERU (Includes duplex) 1 ERU -Accessory Dwelling Units (ADU) N/A N/A Condominium 1 ERU/unit 1 ERU/unit UAC SSWM Rate Recommendation 284 Properties Current Code UAC Consensus Apartments 1 ERU/3,000 sf 1 ERU/3,000 sf Other Developed Property Commercial/ Multiple 1 ERU/3,000sf All other than residential 1 ERU/3,000sf Includes Property zoned or used for multifamily, commercial or retail uses. All developedproperty except residential (e.g., farms, parks, schools, churches, etc.) Impervious Surfaces Rate Charge per Surface “Hard” (100%) Gravel (80%) Packed Dirt (50%) Cleared (40%) “Hard” (100%) Gravel (75%) -Vehicle-bearing gravel surfaces only UAC SSWM Rate Recommendation 285 Fee Component Current Code UAC Consensus Discounts Low-income N/A Qual. Features (LID) –50% Low-income Very Low Intensity -70% for <15% impervious -Not applicable to residential Qual. Features (LID) –50% -Not applicable to residential Added Charges SFR -Additional ERU for any individual building separate from main residence >3,000 sf impervious UAC SSWM Rate Recommendation 286 Property Current Code UAC Consensus Farms SFR -1 ERU or Commercial/ Multiple -1 ERU/3,000 sf SFR -1 ERU or CommercialFarms -1 ERU/3,000 sf Proposal:Business License requirement provides differentiation between SFR or Commercial. -Low intensity discount would apply for Commercial Farms UAC SSWM Farms Recommendation 287 Ju n e / J u l y Au g u s t / S e p t e m b e r Se p t e m b e r / Oc t o b e r Oc t o b e r / N o v e m b e r De c . 1 SSWM Review and Update – June to December 2015 Step One: City Council direction on: 1. What types of property are charged a SSWM fee? 2. How are different types of surfaces treated under the SSWM code? City Council: Consider and approve updates to SSWM code Currently calendared July 21 and August 11 Measure parcels' impervious surface Confirm or update ERU data for parcels Calculate total number of chargeable ERUs Calculate charge/ERU to support current 2016 operating programs and anticipated capital plan City Council: Consider and approve SSWM rates for 2016 Currently calendared in September Incorporate approved rate information into budget and CIP Notify Kitsap County of charge/ERU for 2016 Update parcel data with Kitsap County Staff update parcel data per approved code and rates Notice to property owners of significant changes to ERUs 288 SSWM Review – June to December 2015 Decision points What programs and services to include – operating budget System assessment – project list – capital budget What types of property should be defined for purposed of billing – rate classes How should surfaces by measured – definition of impervious surface Council action to support decisions Consider and approve code updates related to new measurement approach and/or rate classes Consider and approve change to charge per ERU Staff action to support decisions Measurement of property according to new definition(s) Determine rate/ERU based on revenue requirement City staff update parcel ERU data in County system Send information to County for billing – deadline is December 15; should send in by Dec. 1 Timeline • June 9 – presentation to Council of UAC and staff recommendations • June/July - Measurement of property per updated definition • June/July – Council discussion and/or community input on definitions and rate classes • July 21 – SSWM code ordinance first reading • August 11 – SSWM code ordinance second reading • August – update revenue estimates based on new ERUs and/or rate classes • September 1 – SSWM rate ordinance first reading • September 8 – SSWM rate ordinance second reading • October 6 – CIP ordinance first reading • October 6 – Presentation of 2016 budget modifications to Council • October 27 – Budget modification ordinance first reading • November 10 – Approval of budget ordinance • December 1 – Updated SSWM billing information to Kitsap County (target date) • December 15 – Deadline to notify Kitsap County of charge per ERU, and parcel measurements Other considerations • Measurement of property – should allow 4 to 6 weeks for this, once definition is clear. • Missing the December 15 deadline may result in changes to SSWM 2016 operating or capital budgets to maintain adequate funding in the SSWM Fund. 289 UAC DRAFT-OCTOBER 2014 CITY OF BAINBRIDGE ISLAND DEPARTMENT OF PUBLIC WORKS SURFACE AND STORMWATER MANAGEMENT PROGRAM Review and Analysis September 26, 2014 -Draft (Update June 2015) 290 UAC DRAFT -OCTOBER 201 4 TABLE OF CONTENTS Chapte r Title P age No. I. Int ro duction .......................................................................................................... I-1 II. Utili ty Sc ope a nd L ega l Authority...................................................................... Il-1 III. Lega l Requirements.............................................................................................. IIl-1 IV. St orm\va t er Man age me nt P r ogr a m.................................................................... IV-1 V. Ma nd a tory Ve r sus Di sc r e ti onary P r og r a ms...................................................... V-1 VI. Infras t r ucture Co nditio n...................................................................................... VI-1 VII . Capita l Nee ds Assess ment ..................................................................................... VI I-1 VIII. Fin a n cia l An a lys is................................................................................................. VIII-1 Appendices NPDES Permit Implemen tation Schedule ....................................... . SSWM FTE 2014 .................................................................. .. SSWM O&M Work Plan .......................................................................... .. Lovgreen Pit Spoi ls Dispo sa l Ana lys is ....................................................... . SSWM WQ Program Work Plan/Gap Ana lysis ......................................... .. WQFM Program Support for Permit Req ui rements .................................... . WQFM Pro gram Costs ................................................................................ . KCD Agreement. ......................................................................................... . Ordinance 2102-16 ................................................................. . 20 14 C ulvert Ins pection Report.. ................................................................ .. SSWM Pro gra m Project List. ...................................................................... . SSWM ERU By Property Class ................................................................... . 20 11 UA C SSWM Fee Recomme ndatio n ...................................... .. Propert y Parcel s Without SSWM C harges ...................................... .. Le ga l Authorit y to Co ll ect a nd Use SSWM Funds ............................ .. SSWM Rate Structure Recomme nd a tion for UAC -Apri l 27 , 20 15 ....... .. (Updated Jun e 20 1 5) App endi x 1 Appendix 2 App endi x 3 Appendix 4 Append ix 5 Append ix 6 App endi x 7 Appendix 8 Appendix 9 App endi x 10 App endi x 11 Appendix 12 Append ix 13 App end ix 14 Ap pend ix 15 Append ix 16 291 UAC DRAFT -OCTOBER 2014 I. Introduction Storm wa ter r unoff fro m stree ts, parkin g lots, co nstru cti on si te s, indu st ri a l pro pert ies , fa rm s, an d res id ential areas is recog ni zed as one of the lead in g so u rces of po lluti on to our streams, we tl a nds, and Pu ge t So un d . To address sto rm wa ter polluti on, th e C it y of Ba inbrid ge Island (C it y) es tab li shed a Storm and Sur fa ce Water Ut ility in 1986, and sin ce th e on se t of th e util ity, has been deve lopin g and re finin g it s Stor mwa ter Ma nage ment Pro gra m (S WMP ). Whil e th e C it y has been ac tive ly man ag in g storm wate r fo r decades, the City was officia ll y des ignated in 200 7 by th e Env iro 1U11 ent a l Pro tect ion Age ncy and th e Was hin gton State Department of Eco logy as one of th ousa nd s of muni c ip a liti es in th e Unit ed States requirin g a spec ial s torm wa te r pe rmit: th e Wes tern Was hin g ton Ph ase II Muni c ip a l Stor mwater Permit (Permit ) und er th e Na ti o nal Pollutant Di sc harge Elim inati on Sys te m (N PDES). The C ity has exp and ed it s storm wa ter program to mee t the te rm s and co nditi ons of thi s pe rmi t a nd wi ll co nti nue to do so as a new 5-year permit became effe cti ve in Augus t of 20 13 wi th requ ire ment s ex tendin g throu gh 20 18 . T he Ph ase II Per mit all ows muni cip a liti es to dis cha rge storm wate r fro m muni c ip al sys te ms int o "wate rs of th e sta te " such as s tr ea ms, lakes and Pu get So und , as long as th ere are program s in pl ace to red uce po llut ant s in stormwater to the "max imum ex tent prac ticab le". Whil e th e N PD ES Pe rmit is a signifi ca nt fa ctor in th e Stor mwa ter Utilit y Progra m re quirement s and cos ts, as will be demonstra ted in th e report, neith er th e perm it nor th e progra m co nt ai n a ll the e leme nt s of eac h ot her. In o th er wo rd s, no t everyth in g req ui red by th e permit is managed or pa id fo r by the Sto rmw ater Utili ty , and not everythin g curr entl y include d in the Sto rmwa ter Utility is required by th e permit. Stor mwater ru noff fro m th e Cit y of Bainbrid ge Island disc harges to s tr eam s, wet land s, and the Puge t So und . Protec tin g th e wate r reso urces of th e is la nd is one of th e Five Ove rridin g Prin c ipl es of th e C it y Co mprehe ns ive Pl an. Ba in brid ge Is land , as a quas i-en cl ose d env iro 1U11 ent, mu st pro tect it s wa ter reso urces to ensure th at fut ure ge ne rati ons will have a suffic ie nt qu antit y of hi gh qu a lit y water to s upport li fe and na tu ra l habitat on the Isla nd. To address ma nageme nt of th e Is land wa te r resou rc es , a se parat e Water Reso urces Ele ment was deve loped as part of th e Co mprehensive Plan. Prec ipitatio n is the so le so ur ce of wa ter fo r the gro und wate r and sur face wa ter (s trea ms, sprin gs and wetl and s) on Ba inb r id ge Isla nd . All public and priva te wa ter sys tems are depend en t on gro u ndwater (we ll s) as a source of domes ti c pota bl e wa ter. Aqua ti c li fe is de pe nd ent on th e sur face wa ters of th e Is la nd. Fo r th is reaso n it is im po rt a nt to pro tec t these wa ter reso urces. Adequ ate pro tec ti o n of thi s imp ort a nt reso urce requires an und ers tandin g of wha t can affec t th e qu ality and qu an ti ty. Also of grea t imp ort ance is th e manage ment of the reso urce by guardi ng agai nst po tenti a l im pac ts and monitor in g th e reso ur ce to e nsure th at wa ter qu a lit y and qu antit y is in fa ct ma int ain ed to th e hi g h stand ards ex pec ted by th e ci ti ze ns of Ba inbrid ge Is la nd . I-I 292 UAC DRAFT -OCTOBER 2014 II. SSWM Utility Scope and Legal Authority Revised Code of Washington 35.67.010 defines a "System of sewerage," "public utility": A "system of sewerage" means and may include any or all of the following: (I) Sanitary sewage collection, treatment, and/or disposal facilities and services , on- site or off-site sanitary sewerage facilities, inspection services and maintenance services for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city; (2) Combined sanitary sewage disposal and storm or surface water sewers; (3) Storm or surface water sewers; ( 4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal , and rights and interests in property relating to the system; (5) Combined water and sewerage systems; (6) Point and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city or town; (7) Public restroom and sanitary facilities; and (8) Any combination of or part of any or all of such facilities. The words "public utility" when used in this chapter has the same meaning as the words "system of sewerage." Revised Code of Washington 35.92.020: Authority to acquire and operate sewerage and solid waste handling systems, plants , sites , or facilities -Classification of s ervices and facilities for rates -Assistance for low-income persons. (1) A city or town may construct, condemn and purchase, purchase, acquire, add to , alter, ma intain, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030. A city or town s hall have full authority to manage, regulate, operate, control, and, except as provided in subsection (3) of this section, to fix the price of service and facilities of those systems, plants, s ite s, or other facilities within and without the limits of the city or town. 11-1 293 UAC DRAFT-OCTOBER 2014 RCW 90.03.500: Storm water control facilities -Impo sition of rates and charges - Legis lative findings. T he legislature finds that increasing the surface water or storm water accumulation on or flow over real property, beyond that which naturally occurs on the real property, may cause severe damage to the real property and limit the gainful use or enjoyment of the real property, re sulting in a tort, nuisance, or taking. The damage can arise from activities increasing the point or nonpoint flow of surface water or storm water over the real property, or a lt ering or interrupting the natural drainage from the real property. The legislature finds that it is in the public interest to permit the construction and operation of public improvements to lessen the damage. The legislature further finds that it is in the public interest to provide for the equitable imposition of special assessments, rates , and charges to fund such improvements. This shall include the imposition of s pecial assessments , rates , and charges on real property to fund that reasonable portion of the public improvements that alleviate the damage arising from activ iti es that are the proximate cause of the damage on other real property ... The City of Bainbridge Island established the "Storm and Surface Water" utility in 1986 with the intent to "provide a means for regulating and controlling storm water runoff' and "to incorporate into the proposed storrnwater utility all surface water courses, title or easements to which are held by the City." (Ord . 86-27) The City further ordained in 1991 that "the City shall have jurisdiction over a ll storm a nd surface water facil iti es within the City." (Ord . 91 -4 9) Bainbrid ge Is land Municipal Code (BIMC) Storm and Surface Water Regul ati o n s C hapter 13.24.020, defines the system or plan of the storm and s urface water utility to include "all natural and man-ma de drainage conveyance systems from the point of the fir st contact of ra in fa ll w ith the land to Puget Sound." (Ord. 91-49 § 2, 1991 : Ord. 86-27 § 1, 1986) The City's SSWM Program operates primarily thro ugh chapters: 15.20 -Surface and Stormwater Manageme nt , 15.21 -Storm Wat er Facilities Maint enance Pro g ram , a nd 15.22 - Illicit Discharge Det ection and Elimination of the Bainbridge Island Municipal Code (BIMC). Ordinance 2005-10 , passed in December 2005 amended BIMC 15 .20 , primaril y to adopt the guidelines from the Department of Eco logy's Stormwater Manage ment Manual fo r Western Wa s hing to n, dated February 2005. 11-2 294 UAC DRAFT -OCTOBER 2014 Ill. SSWM Legal Requirements This chapter will analyze th e C ity 's s tormwater program with respect to compliance w ith federal , state, and local surface water re la ted requirements. In the area of surface and storm water water management (SSWM), the City is currently s ubject to the following requirements: •National Pollution Discharge E limination System (NPDES) Phase II Municipal Stormwater Permit •The Dyes/Sinclair Inlets Total Maximum Daily Load Water Quality Improve m ent Report and Implementation Plan This chapter outlines the requirements of each of these storm water related ob li gations of the C ity . The information in thi s chapter will be used as a building b lock to conduct an existing program analysis and a stormwater regulatory gap analysis, comparing the City's existing sto rmwa ter activities with the variou s activities required by the above listed regulations and plans. T hi s portion of the analysis of the C ity 's stormwater regu latory requireme nts focuses on act iv ities needed to meet existing s urface water management obligations, including compliance with applicable regulations. A detail ed breakdown of the required activities a nd implementation dates is attached to this memorandum in a s preadsh eet entitled Stormwater Managem ent Program Regulatory Requirem ent s and Milestone Dates. NPDES Permit Authority Although many regulations affect the practice of s torm water management, the primary driver is the federal Clean Water Act (CW A). The purpose of the CW A is to " ... restore and maintain the c hemical , phys ical , and biological integrity of the Nation's waters." The CW A uses the NPDES permit as the primary instrument to control urban stormwater. The state of Washington was delegated authority b y the U.S. Environmental Protection Agency (EPA) to implement t he NPDES permit program. The state Department of Eco logy combined CW A federal requirements with the requirements of the Was hington State Waste Discharge Act and initi ated the firs t stormwater NPDES permit program in 1995 for jurisdictions having populations greater than I 00,000 and the Was hington State Department of Transportation. In 2007, Ecology fir st iss ue d the Phase II permits to jurisdictions that owned or operated municipal separated sto rm sewer systems (MS4s). MS4s are defined in 40 CFR 122.26 (b) (8): "Municipal separate storm sewer means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, pari sh, di s trict, association , or other public body (created by or purs uant to State law) havi ng jur isdiction over disposal of sewage, indus trial wastes, storm water, or other wastes, including special districts under State law such as a sewer di strict, flood control district or drainage district, or 111-1 295 UAC DRAFT-OCTOBER 2014 s imilar entity , or an Indian tribe or an authorized Indian tribal organization, or a de s ignat ed and approved manage m ent agency under section 208 of the C W A th at di sc harges to waters of the United States; (ii) Desi gned or used for co ll ecting or convey ing storm water; (iii) Which is not a combined sewer ; and (iv) Which is not p a rt of a Publicly Owned Treatment Works (POTW) as define d at 40 CFR 122.2. " The City has been identified by the Was hington State Department of Ecolo gy (Ecology) as a N PD ES Phase II co mmunity. As s uch , the C ity needs to comply with the requirements o f it s Na tional Pollutant Discharge Elimination Syst em (NPDES) and S tate Waste Discharge General Permit for Discharges from S mall Municipal Separate Storm Sewers in Western Washington, here a fte r referred to as the Phase II Permit. The Phase II Permit outlines stormwate r program activities and implementation milestone s that the C ity mu st foll ow for the period Aug u st 2013 through July 2018 in order to comply with federal law. All Ph ase II communities are expected to develop a s tormwater program that includes a ll the re quired ac ti vities, implement tho se activities within the required timeframes over the fi ve year permit cycle (i.e., 2013 -2018), and su bmit annual reports to Eco logy to document progress toward complete program implementation. Permit Coverage The Phase II Permit a pplies to citi es w ith populations le ss th an I 00,000, located w ithin, or partially within an urb anize d area, a nd th at a re operating a municipal se parate sto rm sewer system (MS4) w hich di scha rges to a water of Washin gton State. A s a Phase II community, th e re quirements of the Phase II Permit apply throughout the entire incorporat ed area of the C it y. Permit Timeline Bainbridge Is land's second Phase II permit was issued by Ecology o n August 1, 20 12 and became effective on August 1, 2 013. The permit covers a five-year pe ri od that expires on July 3 1, 20 18. Permit Requirements Summaries o f the major program elements a re included be low. ~ Major Program Elements To a id in trac kin g NPD ES permit requirements , a cti v iti es have been gro uped into major s urfa ce water ma nagem e nt program (SWMP) e lements. These e lem ents coincide w ith the nine Special Conditio ns and th e ir s ub-elements plus the T MDL for Sinclair and Dyes Inl et s : • SWMP E lement #I-Public Ed ucatio n a nd Outreach, Specia l Condi t io n SS .C.l 111-2 296 UAC DRAFT-OCTOBER 2014 o The SWMP shall include an education and outreach program des igned to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts and encourage the public to participate in stewardship activities. The education program may be developed and implemented locally or regionally. • SWMP Element #2-Public Involvement and Participation, Special Condition S5.C.2 o Permittees shall provide ongoing opportunities for public invol ve ment and participation through advisory councils, public hearings , watershed committees, participation in developing rate-structures or other similar activities. Each Permittee shall comply with applicable state and local public notice requirements when developing elements of the SWMP. • SWMP Element #3 -Illicit Discharge Detection and E limination (IDDE), Special Condition SS.C.3 o The SWMP s hall include an ongoing program designed to prevent, detect, characterize, trace and eliminate illicit connections and illi cit discharges into the MS4. • SWMP Element #4-Controlling Runoff from New Development, Redevelopme nt , and Construction Sites, Special Condition S5.C.4 o Each Permittee shall implement and enforce a program to reduce pollutants in sto rmwater runoff to a regulated small MS4 from new de ve lopme nt , redevelopment and cons truction s ite activities. The program shall apply to private and public development, including road s. • SWMP E lement #5 -Municipal Operations and Maintenance, Special Condition S5.C.5 o Eac h Permittee s hall implement an operations and maintenance (O&M) program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. • SWMP E lement #6-Total Maximum Da ily Load Allocation s, Special Condition S7 • SWMP E lement #7-Monitoring, Special Condition S8 o All Permittees sha ll provide, in each annual report , a desc ription of any stormwat er monitoring or stormwater-related studie s conducted by the Permittee during the reporting period . If other stormwater monitoring or storm water-related s tudies were conducted on behalf of the Permittee during the reporting period, or if s torm wate r-re lated investigations conducted b y other entities were re ported to the Permittee during the re porting period , a bri ef description of the type of information gathered or received s ha ll be included in the annual report. Pe rmittees are not required to provide descriptions of any monitoring, studies, or analyses conducted as part of the R egional Stormwater Manage me nt Pro gra m (RSMP) in annual reports. 111 -3 297 UAC DRAFT-OCTOBER 2014 • SWMP Element #8-Reporting, Special Condition S9 o No later than March 31 of each year beginning in 2015, each Permittee shall submit an annual report. The reporting period for the first annual report will be from January 1, 2014 through December 31, 2014. The reporting period for all subsequent annual reports will be the previous calendar year unless otherwise specified. );;>-Implementation Schedule o The 2013-2018 Permit includes specific tasks and required completion dates in order to remain in compliance with the permit. Appendix 1 summarizes the required completion dates. );;>-Consequences for Non-Compliance Non-compliance with the Phase II Permit, including TMDLs, puts the City in violation of the Federal Clean Water Act. Based on the type of violation (administrative, criminal or civil) the City could be subject to fines ranging from $2,500 to $27 ,000 per day. Criminal penalties can also include jail time. Not meeting the requirements of the Phase II permit puts the City at risk for a third party lawsuit challenging the City's role in protecting and maintaining clean water. One additional consequence is that federal and state grants and loans could be withheld until compliance is achieved. General Condition G 12 of the Phase II Permit allows Ecology to terminate coverage under the permit if the City is in violation of the terms and conditions. Ecology requires that permittee s notify the agency within 30 days, if they become aware that they are not in compliance with th e permit terms and conditions. Such notification does not immediate ly result in revocation of the permit , but it does allow E cology to make a deci s ion as to whether the permit should be modified, r evoked , or reiss ued. Notification must occur immediately if ''. .. the Permittee becomes aware of a di scharge from the MS4 which may cause or contribute to an imminent threat to human health or the environment." 111-4 298 UAC DRAFT -OCTOBER 2014 IV. Stormwater Management Program This portion of the report outlines the City's existing program activities as they relate to the regulatory requirements and stormwater related activities of the City. This information wi ll be used as a building block to conduct a stormwater gap analysis, comparing the City's existing stormwater activities with the various activities required by the regulations and plans reviewed in the earlier portion of this report. The objective of this review is to document existing activities, services, staffing, and levels of service in li g ht of regulatory requirements and existing programs. This analysis will allow the Ci ty to evaluate existing activities that meet the Phase II permit requirements, evaluate current activities that exceed Phase II permit requirements, and identify areas where new or enhanced activities are desired. The analysis is based on data and documents prepared by the City, and the criteria presented in the C it y's Phase II NPDES Permit. Overview The City of Bainbridge Island owns and operates a municipal separate storm sewer system (MS4) which conveys, controls, and treats stormwater runoff to prevent sediment and pollutants from being discharged to streams, lakes, and shoreline s. In order to function properly these systems require regular inspection, maintenance, and repair. The City's MS4 is regulated by the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit (Permit) issued by the State of Washington Department of Ecology wh ich identifies acceptab le maintenance standards for the MS4. The City 's SSWM Program activities are shared between several City depai1ments. The personnel charged to the utility are evaluated every year through the budget process and usually are adjusted according to several factors . The following discussion appli es to the 20 14 budget. Primary responsibility falls within the Publi c Works Department through either Water Resources ( l. 78 FTE) or Operations and Maintenance (O&M) Divisions ( 4.4 FTE). There is a lso a currently vacant technician position in the Water Resource group (0.7 FTE). The Engineering Capital Projects group focuses primarily on planning and implementing the City's Capital Faci liti es plan , approximate ly 25 percent of which relates to stormwater projects. The capital group 's annua l contribution to stormwater related activities totals 1.17 FTE. The survey group w ithin the Engineerin g department uses approximately 0.27 FTE t o support stormwater projects. The Public Works Administration Division supports the SSWM program with 0.84 FTE . Within Public Works stormwater related activities currently involve a total of 8.51 FTE including the Public Works Director and not including the vacant position. Additiona l SSWM Program services are provided by the Executive Department, Finance and Administrative Services (0.68 FTE), Planning and Community Development (PCD) (0.24 FTE), and the Information Techno lo gy Department (0.35 FTE). Appendix 2 shows the current staffing level s of the departments involved wit h SSWM Program activities and a description of the task that are performed in support of the program. A City-wide total of 9.8 FTE s upport the IV-I ---- 299 UAC DRAFT -OCTOBER 2014 SSWM program. Staff full time equivalents (FTE) is based on 1, 710 productive work hours in a given year. Public Works Operations and Maintenance Division The Surface and Stormwater Management Maintenance (SSWMM) work unit was formed as pa11 of the Public Works Department Operations and Maintenance Division in May 2007. The work unit was created to improve the focus on the maintenance of the MS4 infrastructure in order to comply with Permit Special Condition S5.C.5 Municipal Operations and Maintenance requirements. The SSWMM work unit includes a field crew leader and three field technicians. The unit receives supervisory, administrative, and fleet maintenance support and is budgeted for 4.40 FTEs. SSWMM is responsible to operate and maintain stormwater facilities located throughout the 32 square miles of the City including: • 17.9 miles of closed conveyance stormwater pipelines • 1214 catch basins • 849 cross culverts • 13 water quality vaults • 17 detention tanks • 8 bioswales • 42 detention/retention storm ponds • Over 100 miles of roadway open conveyance ditches and drainage sys tems SSWMM work activities involve roadways, traffic control , confined s paces , and equipment operations. Typical equipment u sed and activities performed by SSWMM include: • Vactor trucks to remove sediment from catch basins and vaults • High velocity cleaners to remove sediment from stormwater pipes and culverts • Backhoes to remove excess soils from stormwater pond s and ditches • Street sweepers to remove polluted grit from roadways • Loaders and dump trucks to load and haul sediment for dispo sal • Video camera equipment to inspect culverts, pipelines, and outfalls • Roadside mowers to control s tormwater pond vegetation • Fall protection gear and gas detectors to facilitate confined space entry A s per Permit Special Condition S5.C.5.a SSWMM work act1v1tles are conducted in accordance with the standards set forth in the 2012 Stormwater Management Manual for Western Washington. These activities include ongoing, seasonal, and as-required tasks that are organized into an annual work plan intended to satisfy the maintena nce requirements of the Permit. Each year the work plan evolves to improve efficiency and effectiveness and to incorporate new responsibilities and regulatory requirements. The annual SSWMM work plan summary is shown in Appendix 3. IV-2 300 UAC DRAFT-OCTOBER 2014 );:>-SSWM Work Act ivit ies The annual SSWMM wo rk ac tivitie s and th e distribution of lab or spent on them in 2013 are summari ze d below. The work activities are desc rib ed in the following se ction s and eac h sect ion includ es a refe re nce to the relat ed Permit re quire ment (A ppend ix 3). • Man age ment -5% • Administrative Support -3% • Fleet and Equipment Support -5% • Tra ining and Meetings-5% • Stree t Sweep ing _,_ 11 % • Decant Faci lity Operations -3% • Spoil s Hauling -8% • Cul ve rt/Ditch Lin e M&R -22% • Catch Basin M&R -7% • Ta nk/V ault M&R-2% • Pond/Bioswale M&R -17 % • Outfal 1 M&R -I% • Storm Re spon se/Recover y -6% • ID DE/Spill Re spon se -I% • Co nstruction Support -4% ./ Management and Admini strative Support (Permit Special Co ndit ion S5.C.5.i) Management activitie s in c lud e ove rs ight of opera tio nal planning , sc heduling, and re po rtin g and coordination to insure work plan de livery, re gu latory comp li ance, a nd budget ma nagement. In 2014 efforts continue to wo rk towa rd maintaining th e right bal ance between reg ul ato ry co mpliance, infrastructure needs , and bud ge ted resources . Adm ini strat ive s upport act iv iti es include front de sk genera l c usto mer se rvice and crew di spatch ; wo rk order, purchase o rd e r, in vo ice , and timeshee t proce ss in g; reco rds manageme nt and reporting . ./ Fl ee t and Equipment Support Recurring fleet and equipment s upp o rt ac tt v1t1 es inc lude ma in te nance and repair of SSWMM equipment including backh oes, loade rs, dump truck s, vac tor trucks, mow ers, and street swee pers. 2014 procurement ac tiviti es include spec ification, bid ding, proc ureme nt, and outfitting of o ne medium duty and one heavy duty truck des ign ated for SSWMM use . ./ Train ing, Mee tings, and Certificat ions (Permit Special Co ndition S5.C.5.g) Perso nn e l assigned to the SSWMM work unit reg ularl y attend a wide variety of citywide orga ni za tional training and mee tin gs as we ll as cl ose ly rela te d vocatio nal tra inin g cou rses. All SSWMM perso nn e l hold th e fo llo win g co re lic e nses and certificat ions Ce rt ified Eros ion and Se dim ent Co ntrol Lead , Co mm ercia l Driver Licen se, Waste wate r Co ll ec ti o n Specia li st, First Aid /C PR , a nd Traffic Control Flagger. In add iti on , all SSWMM perso nnel atte nd and document an average of four s torm wate r spec ifi c training sess ion s annu ally . This trai nin g addr esses the imp o rt anc e of prote c ting water quality , th e re quirements of th e Pe rmit , o pera ti on a nd ma int e nance standard s, inspection procedures , se lecting approp riate BMP s, way s to perfor m j ob IV-3 301 UAC DRAFT -OCTOBER 2014 activities to prevent or minimize impacts to water quality, and procedures for reporting water quality concerns, including potential illicit discharges. • Street Sweeping (Permit Special Condition S5 .C.5 .D Street sweeping activities are conducted to prevent pollutants from entering the storm drainage system and debris from blocking structures. Performed mainly in the urban areas street sweeping activities help to minimize catch basin maintenance by preventing debris from entering the structures. Ongoing street sweeping activities include regular downtown area sweeping, fall leaf removal sweeping, winter sand removal sweeping, and periodic construction track out control sweeping. On average over 320 cubic yards of material is removed from the storm drainage system annually through this ongoing activity. • Stormwater Pollution Prevention Plan (Permit Special Condition S5.C.5.h) In order to reduce or eliminate the release of pollutants from maintenance facilities to the storm drainage system and/o r surface waters a Stormwater Pollution Prevention Plan (SWPPP) has been developed and implemente d for the City's Public Works Facility and Stormwater Materials Management Decant Facility. The SSWMM unit is re sponsible for ongoing SWPPP activities including periodic facility monitoring, recurring records management, semiannual inspections , and annual catch basin cleaning. • Decant Facility Operations (Pe rmit General Condition G 10) Street waste and stormwater s poil s generated during SSWMM activities are regulated as solid wastes and processed through the C ity of Bainbridge Island Stormwater Materials Management Decant Facility. The facility is operated in accordance with the Decant Facility Operations Manual and the annual Solid Waste Handling Permit issued by the Kitsap Public Health Di strict. At the facility incoming spoils are separated into two waste profiles and dewatered. Waste Profile No. 23525CV include s ditching, potholes, shoulders, and slide spoil s . Waste Profile No. include s stormwater catch bas ins, s tructures, and street sweeping spoils. Spoils a re kept on site for a maximum of 90 days . After dewatering the spoi ls are transferred to Olympic View transfer station in Port Orchard. Alternative s poil s disposal methods are currently under review. Appendix 4 is an analysis of the potential u se of Lovgreen Pit for this disposal. If successful this change could provide significant operations cost savings. From 2006 through 2013 decanted water from SSWMM activities was treated by the onsite oil/water separator and sand filter , then te sted, and released to the downstream bioswale and storm water detention pond . In 2014, in order to eliminate decant water t esting costs, the procedure was changed from treating the decanted water on s ite to transporting it to the sa nitary s ewer for di s posal. This change is expected to save $5 00 -$2000 annually. Ongoing work activities associated with the facility include spoils sampling and testing; s poil s hauling and disposal ; facility in spection and cleaning; record s management and regulatory reporting. As s hown in Table I , on average, over 2500 tons of spo il s are processed throu g h the decant facility each year. IV-4 302 UAC DRAFT-OCTOBER 2014 Table 1 City of Bainbridge Island Decant Facility 6-yr Spoils Summary Profi le # 23525CV Commingle d C lass IV Street Profile # 07 l 5CU Street Sweeping and Storm and Road Maintenance Drain Ditching Potholing Shoulders S lid es Tot Storm Swee pi al water ng Total Out Combined Year g01 In co Outgoi Outgoing Incomi Incomi Incoming Incoming Incoming ng mmg ng (Tons) (cu yd) (cu yd) (cu yd) ng (cu (To (cu ng (c u (Tons) yd) ns) yd) yd) 2007 558.1 5.5 9 10.0 241.0 156 66.5 399.0 55 1.8 2 116.1 2008 114 7.5 97.0 1747.5 8.0 331 695.0 421.0 13 72.1 4688.1 2009 762.3 38.5 112.0 0.0 122 250.0 32 1.8 498.4 1728.2 2010 647.5 104.5 411.0 5.0 14 9 19.0 262.0 266.4 1764 .9 20 11 360.0 7.5 1272.0 88.0 229 22.0 258.0 330.5 2624 .3 20 12 133.0 11 2 .0 13 17 .0 1.0 2 11 4 20.0 349.3 352.2 2464.0 20 13 552.0 56.0 1804.0 0.0 253 57.0 237.0 204.1 2742 .8 6-yr 594.3 60.1 1081.9 49.0 207 218.5 32 1.2 510.8 2589.8 Roadway Culvert and Ditch Line M aintenance (Permit Special Condition S5.C.5.D Roadway cul vert and ditch line maintenance i s performed to mainta in a nd restore infrastructure capacity to convey stormwater flow s . This activit y is p erformed from January throu g h April each year. This work covers 849 cross culverts, 1757 d ri veway culverts, and over I 00 mi les of roadway ditches and drainage systems throughout the i sland. T he work is done on a 4 -year cycle based on maintenance zones so that approximate ly 25% of the cu lverts, ditc h lin es, and drainage systems are maintained annually. Work ac ti vities include culve11 pavement marking, hi gh velocity culve rt cleaning, a nd ditch line sediment removal. During this work the infras tructure is fir st in spected and th e n m a intena nce and repair tasks are sc heduled and complet ed in order of priori ty. Major work required beyond the time IV-5 303 UAC DRAFT -OCTOBER 2014 allotted for culvert and ditch line maintenance is scheduled as a major maintenance or capital project. • Catch Basin and Pipeline Maintenance (Permit Special Condition S5.C.5 .d) Catch basin and pipeline inspection and cleaning are performed to remove contaminated sed iment that may pollute the waterways and reduce or block the conveyance system capacity. To satisfy the 2007 Permit a complete inspection and cleaning of the infrastructure covering 1214 catch bas ins and 17.9 miles of closed conveyance pipeline was performed between August 2007 and February 2008. To satisfy the 2013 Permit and smooth out the annual workload, the current schedule calls for 25% of the catch basins to be inspected and cleaned as required between April and May of each year. An additional annual inspection and cleaning of known catch bas in trouble spots occurs in October. • Water Quality Vault and Detention Tank Maintenance (Permit Special Condition S5.C.5.b) Water quality vault and detention tank maintenance is performed to in sure stormwater flow control and water quality treatment. This annual maintenance is performed in May and June on 13 water quality vaults and 17 detention tanks. Work activities include inspection and control structure cleaning. Major work activities suc h as detention tank sediment removal and vault reconstruction are scheduled as major maintenance or capital projects. • S torm Pond and Bioswale Maintenance (Permit Special Condition S5.C.5.b) Storm pond, bioswale maintenance is performed to insure s tormwater flow control and water quality treatment. This annual m a intenance is performed in June and July on 42 storm ponds and 8 bioswales. Regular work activities include routine inspection and maintenance with the emphasis on structure cleaning and vegetation control. Major work act ivities such as sed iment removal, large scale vegetation removal , and grounds reconstruction are scheduled as major maintenance or capital projects. • Major Maintenance and Repair Projects (Permit Special Condition S5.C.5.a.ii) From August through November major maintenance and repair projects are completed. These are priority projects that are beyond the scope of regularly s cheduled maintenance . These work activities focus on projects that can be completed by maintenance personnel in four days or less with a crew s ize of four or less. Priority projects beyond this leve l are moved for consideration as capital projects . Typical activities include culvert re placements, catch basin installation , pond sediment removal, s tructure repairs, and large scale roadway ditch line maintenance activiti es . • Storm Pre paration, Response, and Recovery (Permit Special Conditi on S5.C.5.c) Storm preparation, re s ponse, and recovery operations are performed to insure th e proper functionin g of stormwater treatment and conveyance systems to protect infrastructure from damage during heavy rainfall events. T hese activities u s ually occur between November and March and are triggered when rainfall is expected to exceed 2 inches in 24 hours o r ha s exceeded l inch per day for fiv e consecuti ve days. Responsibilities include spot inspection of known IV-6 304 UACDRAFT-OCTOBER2014 trouble are a s including catch basins, culverts, detention tanks, water quality vaults, storm ponds, and s lopes of concern. Storm pre paration a ctivities include repleni shing and s taging sand b a gs and spot che ck s prior to major rainfall events. Durin g major s torm response event s SSWMM personnel are au gmented with s taff from throughout the C ity and personnel are deployed throughout the City to in sp e ct the stormwater infrastructure, clea r blockages, a nd barricade flooded roadways as required . Pos t s torm recove ry activitie s include correction and repair of infras tructure deficiencies not ed during the s torm event. All stormwater faciliti es are inspected following a major s torm event. Major work r equired beyond the time a llotted for s torm recovery is scheduled as a major mainte nance or capital project. A s a re s ult of the proacti ve approach ta ken tow ard s torm preparation , re s ponse , and reco very , improve d maintenance provided by SSWMM, and ste pped up stormwater capital replacement program major rainfall events hav e become less destructive to the infras tructure and environme nt. • Illicit Di s charge Detection and E limination (Permit General Condition 03 and Permit Condition S5.C .3.d) Illicit Di s charge Detection and Elimination (IDD E) and spill re s ponse work activities are performed to characterize , trac e, contain, e liminate, and clean up spills and illicit di scharges. The work m ay include spill re sponse conta inment a nd clean up ; sample co ll ecti o n and te sting; pipe line video in s pection , investiga tion, a nd r e pa irs. T hi s work is perfo rm ed in coordination with C ity Wa te r R eso urces, Kitsap Public Hea lth Di stri ct, and Washing ton St at e De pa rtm e nt of E cology p ersonne l. • Cons truction/C u stomer Support Perio dic c on st ructio n/cus tome r s upport acti v iti es a re performed to pro vi de support for cu sto m er , d evelopme nt , and capital proj e cts . Acti v iti es include lo cating und er ground s tormw ater utilities, investigating drainage proble ms , utility v ideo inspecti on s, a nd ge n eral co n struction ins pectio n s. • La ndfill Monitoring T he D ecant Facility is constructed o n the s ite of th e fo rm er Vincent Road landfill. This closed landfill requires a nnu a l dry weathe r and we t weath e r mon it o ring we ll a nd s urfac e wa ter testing . In 2 014 in order to reduce profess iona l serv ice co st s, landfill monitoring sample coll ection w ill be performe d b y SSWMM perso nne l. To fac ilita te thi s two Ope rations and Ma intena nce p er sonnel a re re c e iving 40-h our H azwoper training . In additi o n to s upporting this t esting the training w ill improve IDD E a nd spill respo n se ca p a biliti es. T hi s chan ge is expe cte d t o s ave $1000 -$25 00 a nnu a ll y. Public Works Wate r R es ources Division The Surfa ce and Sto rm wate r Ma n agem e nt Wa ter R esources Di v is ion work unit is pa rt of the Pu b li c Wo rk s De partment. T he work unit was created to improve the foc us o n overall IV-7 305 UAC DRAFT-OCTOBER 2014 man age ment of the Stormwater Management Program (SWMP) and to ensure compliance with the conditions of th e NPDES Permit. The Water Resources Division includ es an Enginee r 1, a Water Re source Specialist, and a part-time Intern. In addition, there is a Water Resource s Tec hni cian po sition that ha s been vacant for severa l yea rs. The unit rece ives supervi sory , ad mini stra ti ve , and financial support from the department and is budgeted for 1.78 FTEs plu s the Intern . The Wat er Quality and Flo w Monitoring Program within the Water Resources Di vision acco unt s for 0.88 FTE. This program is di sc ussed further in Chapter V of thi s report. NPDES Permit Requirements: • Public Education and Outreach (reference Permit Condition S5.C.J) l. I Bainbridge Is land NPD ES Co mpliance Staff Training Pl a n A trainin g plan outlines the necessa ry training and educ a tion for staff including revi ew staff, planners , maintenance crews and inspector s. Internal training sess ions are conducted by C it y Staff to share knowl edge or provid e update s to prev iou s training sessions. Internal training sess ion s include s hort prese ntation s at staff meeting s, round tabl e di scu ss ion s, and scheduled sessions for individual d epartment s. These are a co st effective way to meet mo st of the training requirements. Out-of-house training is utili zed when in-h ouse reso urc es are unava il abl e or required training req uire s lic ensed or ce11ified in structors. The C it y prov id es add itional stormwater trai ning topics th at are critical to the operati on of the utility. (I.e. Hazwoper, Decant Operations). These a re areas in which C ity Staff need to acquire ad di tional kn owledge or skill s in order to impl emen t th e Cit y 's SSW M Program appropriatel y and protect water quality. T he City of Bainbridge Island S taff Training Plan Checklist incor porated in th e training pl an serves as a guid e for impl ementin g the overall tra inin g program. The checklist can be used as a tool to track tra inin g attendance to he lp ens ur e co mp li ance with Permit req uirements. 1.2 Ed ucation a l Surveys The City evaluated the publi c 's und erstand in g of wate r quality iss ues w ith a sur vey co ndu cted by Elway Research in December 2008. T he informatio n o bt a ined was used to evalu ate community awareness and to focus ea rli er edu cation effo rt s. A follow on s ur vey was co mpl eted in 20 11 by Cunnin gham Environm ental Co nsultin g to eva lu ate changes in behaviors s ince th e prior sur vey. T he 20 11 sur vey is being use d to se lec t and focus current ed uc at ion need s. I .3 IDD E Ed uc ation and Outreach Program The C it y co nducts o utreac h act iviti es to ed ucate th e public and bu s in ess community on water quality protection in acco rd ance with thi s plan. The C it y has identified target aud iences a nd tailored ed ucation fo r id en tifi ed gro up s. To date, th e C it y ha s conducted outreac h activities IY-8 306 UAC DRAFT -OCTOBER 2014 aimed at educating local residents about illicit discharges, required storm pond maintenance, car washing, handling of dog waste and individual citizen impact on the natural environment. These programs have bee n successful and well received by the general public. Outreach to the local bus iness community, in the form of Business Technical Assistance , focuses on identifying and eliminating illicit connections and illegal discharges to the City 's stormwater infrastructure. This outreach is also an important step in the City 's overall Illicit Discharge Detection and Elimination (IDDE) Program. 1.4 Interlocal Agreements (ILA) The City renewed a three year ILA with Kitsap County Public Works to join and take advantage of the education and outreach programs designed and implemented under the West Sound Stormwater Outreach Group (WSSOG). Joining this group effort allows the City to utili ze County staff whose primary focus is on education and allows for a more comprehensive and cost effective outreach program The city has an ILA with the Kitsap Conservation District (KCD). The KCD provides expertise to farmers, animal hobbyists, and other agricultural entities in BMPs for soil management, animal waste handling and storage, pasture management, and irrigation with the overreaching goal of helping to preserve water quality. This service provides an educational component, outreach component, and also supports the IDDE program. This program is discus sed further in C ha pter V of this report. 1.5 Mutt Mitt Program The city partners with Kits ap County Public Works as a part of the WSSOG to promote and participate in a Mutt Mitt program. This program allows individuals, neighborhood groups and businesses to sponsor stations and maintain the di spensers for dog waste pick up bags for their properties or their neighborhood. The city provides the nece ssary start up material s and the sponsors operate and maintain them. 1.6 Mi scellaneous E ducation Education is al s o a large part of the City 's website. Different information or is sue s are po s ted to inform the public of their impacts on water qua lity. Pre ss release s are al s o posted for di ssemination of information for subjects such a s illicit di scharges, IDD E activities, bus iness visits and various other activities . Water Re sources al so uses a Li stserv to transmit information to the community. 1.7 Volunteer Stewardship and Monitoring Volunteers a ssis t with the Water Quality and Flow Monitoring Program in monthly stream and stormwater effluent monitoring, annual stream macro invertebrate monitoring, and routine stream flow m easurement. The Bainbridge Island Watershed Council (all volunteer) conduct annual returning salmon counts in several Island s streams, conduct informal habitat assess ment stream walks, and IV-9 307 UAC DRAFT-OCTOBER 2014 s uc cessfully planted salmon in a local stream. The Watershed Council also conducts regular watershed activities such as staffing local educational festivals and hosting annual events such as "Bike Your Watershed" and "Walk Your Watershed." In 2013, the City kicked off a multi-agency/community partnership to address nutrient and bacteria loading in the Murden Cove Waters hed Nutrient and Bacteria Reduction Project. Much of the community partnership is volunteer-based such as the Bainbridge Is land Watershed Council and the Sakai Intermediate School. • Public Involvement and Participation (reference Permit Condition SS.C.2) The city provides opportunities for the public to become involved in the Water Resources Program or to assist the City in protecting water quality. The Annual Report and the SWMP documents, along with supporting attachments are posted each year to the City 's website. Comments on the program or it s activities are so licited annually. The City's website and press releases provide an avenue to reach out to the citizens and to become involved in program elements. These include public hearings, Council meetings/presentations, Water Resources Open House, and volunteer opportunities. • IDDE Program (reference Permit Condition SS.C.3) The C ity Illicit Discharge Detection and Elimination (IDDE) Program Manua l comprehensively addresses the procedures implemented by the city to m ee t the co nditions of S5.C.3 of the Phase II Permit. The manual is intended to assist City Staff in implementing the IDDE program. It is u sed as a guidance document for staff in their day-to-day activities related to IDDE. The document is also used as a training tool to ensure that all staff are following the sam e procedures in responding to illicit di sc harge concerns. • Water Quality and Flow Monitoring Program (reference Permit Condition SB) The City has opted-in to th e Regional Stormwater Ma nagement Program (RSMP) monitoring program as described in the permit. The C ity will be charged $5, 709 per year for RSMP small stream s and marine nearshore status and trends monitoring in Puget Sound, $9,512 per year for E ffectiv eness monitoring, and $882 per year for Source identification and diagnostic monitoring. T h e C ity Water Quality and Flow Monitoring Program (WQFMP) -independently from the RSMP -measures status and trends , water qua lity a nd flow monitoring to support implementation of permit requirements and to assist in directing and informing on polluta nt source identification efforts outlined in th e IDD E program. The ex is ting monitoring program can also be used as a po11ion of the required field screening in the new permit. Other features of the program include: o Ide ntifie s water quality and water flo w problems in freshwater and marine nea rs hore environments. o Characterize the water quality (chemical, physica l, and biological) conditions in Bainbridge Is land streams , lakes, wetlands, and ne a rs hore areas. IV-10 308 UAC DRAFT -OCTOBER 2014 o Identifies short-term changes or long-term trends in water quality conditions. o Utilizes the trend data to inform changes in the SWMP's Be st Management Practices. o Collects water quality data related to surface and storm wate r re gulator y requirements (e.g. NPDES Phase II). o Dete1mines if water quality program goals are being met and whether strea ms and nearshores on and around the Island meet State standards. o Determines if water quality program goals are being met and whether strea ms and nearshores on and around th e Is la nd meet State standards. o Provides opportunities for public outreach and water quality data to support public education pro gra m. o Supports reporting of water quality conditions to the general public , includin g shellfish harvest restr iction s , recreational beach closures, and drinking wate r advisories. The WQFMP Program accomplishes th e above by: • Continuous, monthly , long-term water quality status and tr end s monitoring in 15 streams and 1 stormwater di scharge. • Continuous flow and rainfall gauging on 3 streams and 1 stormwate r discharge. • Collecting freshwater macroinvertebrates from 2 local stream s to access biological divers ity and watershed health. • Sampling 7 st ream s , 7 nearshore marine areas, and 1 stormwater discharge over the course of targeted qualifying storm events. This sampl in g captures storm water runoff impact s in all of the Island 's larger streams and more critical near shore areas, particularl y tho se mo st critical for fi sh an d she llfi s h habitat. • Managing 9 separate data stream s -logging status , verifying qualit y, ente rin g into spread sheets, uploading to databases, and conducting assessments of over I ,400,000 pi eces of data per year. (5-year sediment and tar ge ted storm eve nt monitoring add an additional 2,300 pieces of data). • Continuous coordination of a multi-agency and com munity volunteer proj ec t to address nutri e nt and bacteria pollution in the Murden Cove Watershed Nutrient and Bacteria Reduction Project , le veragi ng over $280,000 outside age ncy dollars. • Engaging the public through ove r 200 vo lunteer hours per year. Volunteers assist in water quality and freshwater macroin vertebra te sampl in g; co ll ectio n of stream flow meas ure ment s; and measurem ent of in-s itu stream ph ys ioche mi s tr y. IV-I I 309 UAC DRAFT-OCTOBER 2014 • Reporting (reference Permit Co11<litio11 S9) No lat er than March 31 of each yea r, the City must subm it an annu al repo rt. Each annual report mu st include the fo llowin g: 1. A copy of the Permittee's current SWMP Plan. 2. Submittal of the annual report form describing th e statu s of imp lemen ta ti on of the requirem ents of the permit during the reporting peri od . 3. Attachments to the annual report form including summaries, de scr iption s, reports , and other information as required , or as applicable, to mee t the requirements of th e permit during the reporting period. 4. A notification of any annexation s, incorporation s or juri sdicti o nal bound ary changes re s ulting in an increase or decrease in the Permittee's geogra phic area of permit coverage durin g the reporting per io d. • 2014 Planned and Continuing Activities The fo ll owing are activities planned as a pa rt of the Stormwater Management Pro gra m, as we ll as , continuing activitie s developed during earlier years of the Permit that are continuing to be refined and implemented. );:> Conduct Business Techn ic a l As s istance Visits as an outreach activity to educate the bu sine ss community on water quality protection. Outreach to the local business community will focus on identifying and e limin ating illicit connections and ille ga l discharges to the City 's stormwater infrastructure. In order to take adva ntage of current capacity, Bu s iness TAs wi ll include a complete inspection of the si te's storm wa ter faci li ties. );:> The Cit y will cont inue wit h the ir involve ment and take advantage of the educ ati on an d outreach program services out lin ed in th e current Inter Local Ag reeme nt with Kit sa p Co unt y Public Works Wes t Sound Storm wate r Outreach Group (WS SOG). );:> Continue coordination and maintain th e cooperative effort with the Kit sap Co nse rv ation Di strict (KCD) that provide s expe rtis e to farmers, animal hobb yists, and othe r agricu ltural ent ities in BMP s for so il ma nagemen t, animal waste handling and storag e, pa sture management, and irrigation with the overre aching goa l of helpin g prese rve wa ter quality. );:> C it y will continue it s partn ership w ith Kit sa p Co unty Public Work s to promote and pa rticipate in the Mutt Mitt pro gra m. );:> Co ntinue to utili ze th e city we bs it e and li stse rv as an educational component and di sse minat e information on subject s s uch as lDDE act ivities, bu s in ess vis its, perm it reissuance, TMDL statu s and va riou s work group activi ties . IV-1 2 310 UAC DRAFT -OCTOBER 2014 );> Continue utili zation of the C it y's web s ite a nd press releases t o prov ide an avenu e to reach o ut to the citizens to become in vo lved in program e lements. );> Provide additional update a nd o utl yi n g area mapping of the MS4. );> Continue documentation and in vestigations of illicit di sc harges a nd po lluta nt sou rces. );> Update s tandard procedures for ins pection and data inputs to th e tracking databases. );> Improve the reporting of water quality incidents through the re port ing hotline/phone number. );> Continue w ith Busi ne ss Tec hnica l Assistance Visits with the incl usion of in spect ion of storm water facilities and utili ze th e Business BMP Manua l for education on reco mmended Bes t Managem e nt Practices to preve nt or eliminate illi c it d isc harges caused from poor housekeeping or bu s iness practices. );> Re v iew and in spect develo pment re develo pment and construction s ites in accordance w ith the C ity's Sto1mwater Pe rmit and De partment of Ecology 's Sto rm wate r Management Manual for Western Washington. );> In s ure that all constructe d pri va te facilities record a Declaration of Covena nt to assur e the facilities are operated and maintained a ppropriately in perpetui ty. );> Continue ins pection of pe rmitted water qua lity and flo w contro l faci li t ies. );> C reat e a n acceptance p rocess for con veying newl y constructed ded icated stormwater facilities t o Public Works, Operations and Maintena nce fo r long term maintenance. );> Operate road mainte nance acti v ities with the goal of protect ing wate r quality by us in g esta bli s hed B est Manage m e nt Practices. );> Conduct biannual in s p ection at the Public W o rks Facility and Decant Facility in acco rdance with the Stormwater Pollution Prevention Plan (SWPPP). Refi ne or rees ta bli s h necessary goals and objectives for protecting wate r qu a lit y a nd Best Management Practices. );> Gathe r information for use in developing pollution preventio n measures or water qualit y treatment bes t management practi ces (BMPs). );> Determine the effectiveness of pollution prevention m easu res and wa te r q ua lit y t reatment BMP. );> Res pond to and/or provide s uppo rt for e m e rgency s ituatio n s s uch as o il s pill s, chem ical leaks, sewage spills, and flo oding events. IV-1 3 311 UAC DRAFT -OCTOBER 2014 ~ Assist Kitsap County Public Health in conducting surveys of the shorelines on the is lan d to allow the further evaluation of water quality and for protection of beneficial uses. ~ Pur sue the identification and elimination of bacterial discha rges to water bodies and the sub se quent re-opening of closed shellfish harvesting area s. SSWM Program Gap Analysis Appendix 5 is an updated Water Reso urce Divi s ion Work Plan and Permit Gap Analysis that show s future permit requiremen ts a nd other work plan elements , as well as an estimate of staff re sources req uired to ensure program compliance. For each program elem ent, the required staff time required was estimated a long with th e mandate and funding so urce. Overall , the work plan gap analysis justifi es the hiring of the vacant Water Re source Technician position to bring the long-term SSWM Program staffing to 2.78 FTE in the Water Resources Division. Staff added will be focused primarily on the field work required to suppo rt compliance with NPDES Permit requirements, as well as Water Quality and Groundwater Monitoring support. Without the recommended technician for field support, the C ity will ri sk non-compliance with permit requirements during the current permit term (2013-2018). IV-14 312 UAC DRAFT-OCTOBER 2014 V. MANDATORY VERSUS DISCRETIONARY PROGRAMS The Ci t y's s torm water management program mus t mee t a variety of federal and state laws. In addition, the City's policie s and programs have been deve loped over the years since the establishment of the utility in accordance with goals established by the City Comprehensive Plan. As part of the review of the SSWM program, an a nalysis was p erformed to identify what programs are mandatory and di scretionary. The analysis cons is ted of two parts: •Assess progress made by the SSWM Program in implementing th e recommendations contained in the 2006 Otak, Inc. report titled Surface and Stormwater Management Program Analysis, and • Explain which program elements are mandated by State and Federal laws or rules, and which are discretionary . Mandatory Program NPDES Phase II Stormwater Program Congress changed the Clean Water Act to regulate stormwater in 1987. Under these revisions, NPDES (National Pollutant Discharge Elimination System) permits are required for municipal stormwater discharges to surface waters. The Environmental Protection Agency (EPA) developed rule s to implement the new storm water requirements in two phases: •Phase l -ln 1990, EPA issued NPDES Phase l rules for cities and counties with populations greater tha n l 00 ,000 . ln Was hington, the Phase I requirements apply to Snohomish, King, Pierce and Clark counties, as well as the cities of Seattle and Tacoma, a nd WSDOT facilities within tho se juris dictions, and • Phase II -In 1997 , the EPA issued NP DES Phase II rules regulating municipally-owned separate storm sewer s ystems within census-defined urban areas. Washington DOE issued the fir st Western Washington NPDES Phase II p ermit in 2007 and issu ed a new p ermit in 2013. The C ity is covered by the Phase II requirements . Both Phase I and Phase II rules require publicly-owned stormwater systems located within census-defined urbanized areas to obtain NPDES permits for th e ir s tormwater discharges. The EPA rules also require operators of municipal se parate storm sewer systems (MS4s) to develop and impl ement a Stormwater Ma nagement Program (SWMP) that: • Reduces the discharge of pollutants to the "maximum exte nt practicable", • Protects water quality, and •Sati sfie s appropriate requirements of the C lean Water Act. City of Bainbridge Island Stormwater Management Program As required by the NPDES permit, the City is required to prepare a n annual repo rt on the activities of the Stomwater Management Program (SWMP). This program document s ummarizes the de ve loping program's pro gress on meeting the required components of the Phase V-1 313 UAC DRAFT -OCTOBER 2014 II NPDES permit (sometimes referred to as the Municipal Stormwater Discharge Permit). The ordinances, guidance manuals and stormwater BMPs (Best Management Practices) contained and referred to in thi s program document are intended to direct City staff in permit compliance, as well as, provide technical assistance to the City's business community and general citizenry. The following e ight measures are identified by the permit as minimum requirements fo r the SWMP: • Public education and outreach • Public participation/involvement • Illicit discharge detection and e limination • Controlling Runoff from New Development, Redevelopment, and Construction Sites • Pollution Prevention and Operation and Maintenance for Municipal Operations • Program Implementation • Total Maximum Daily Load Allocations • Monitoring The S WMP must include the components and minimum performance measures listed in the permit. To the extent a llowabl e under stat e or federal law, all components are mandatory for city, town or county Permittees covered under the permit. As detailed in the most recent SWMP report, the city is in compli a nce with the minimum performance measures required. The Permit is a dynamic document that requires increasing minimum performance measures tlu·oughout the permit period, therefore the city has continued to maintain and update the Work Plan requirements first developed under the Otak study. Appendix 5 is the latest update to the Gap Analysis as the result of Work Plan analysis prepared by city staff. Discretionary Programs Monitoring -Water Quality and Flow Monitoring Program The 2004 City Comprehensive Plan is guided by Five Overriding Principles one of which is to "protect the water resources of the island". One of the fifteen Goals of the plan is to "protect the water resources of the Island, which are of primary importance to its residents." The Water Resource E lement of the plan states that "a key component of the water resource protection strategy contained in the E lement is establi shment of an adequate monitoring syst em." As a result of the priorities established in the plan, the City successfull y pursued a Department of Eco logy Centennial C lean Water Fund Grant to establi s h a Water Quality and Flo w Monitoring Program (WQFMP). V-2 314 UAC DRAFT -OCTOBER 2014 The City's Water Qualit y and Flow Monitoring Program helps impl ement perm it monitor in g requi rement s and directs and inform s pollutant so urce identification effo rt s ou tline d in th e IDDE program. The re iss uance of the NP DES Ph ase II perm it included the op ti on for jurisdictions to opt-i n to a Regional Stormwa ter Management Program (RSMP) in order to comp ly with th e permi t monitoring requ ir eme nt s. The city has decided to op t-i n to this program, so the minimum permit mon it o rin g requ ireme nt s w ill be met by that program. The primary goa l of th e WQFMP is to develop and imp lement a lon g term comp rehensive monitoring program th at wi ll identify wa ter qu ality and water flow prob lems in fres hwater and marine nears hore environments. The WQFMP also defines thresholds for initiation of management respon ses in support of the City's efforts to protect and restore beneficia l uses assoc iated with water qua li ty on Bainbridge Island. The WQFMP was developed a nd pil oted through a 2008 Centenn ia l Clea n Water Fund grant and is a WA Department of Ecology-approved program that consists of three components: a si te eva lu at ion report (SER), a sampling and ana lys is plan (SAP), and a Qua lity Assurance Project Plan (QAPP). Co ll ec ti ve ly, it s component s are de signed to meet the following objectives: • Characteri ze th e water qu a lit y (chemical, physical , and biological) conditions in Bainbridge Is land streams, lakes, wet lands, a nd nearsho re areas, and stormwater efflu ent. • Identify short-term changes or long-term trend s in water qualit y conditions. • Co ll ect wa ter qua lit y data related to surface and stormwater regulatory requ irement s (e.g. NPDES Phase II ). • Gather information for u se in deve loping po ll ut ion prevention measures or wate r quality treatment best management pract ic es (BMPs). • Determine if water quality program goa ls are being met and whether st re ams and near shores on and around th e Island meet State standard s. • Provid e opport uniti es fo r publi c outreach and water quality data to suppo rt pub li c educatio n program. • Support repo rting of wate r qua lity condit io ns to th e general public , includi ng shellfi sh harvest restrictions, rec reat iona l beach closures , and dr ink in g wate r adv iso ri es. • Dete rmin e the effec ti veness of po lluti on preve nti on mea sure s and water quality treatment BMP. • Respond to emergency s itu a tion s suc h as oi l sp ills, chemical leak s, sewage sp ill s, and flooding events. • Support field screening of th e MS4 as required by the NPD ES Permit • Month ly statu s and tr end s monitoring , annua l macro in vertebrate monitoring , and continuous fl ow monitoring fulfill field sc ree ning requirements. V-3 315 UAC DRAFT-OCTOBER 2014 Although a discretionary program, the program supports and enhances the City's ability to comply with the requirements of the NPDES permit. Appendix 6 shows the WQFMP activities and how they support permit requirements. Appendix 7 shows the detailed breakdown of Public Works expenditures and staffing that have been incurred to operate this program since 2005. The Public Works budgeted program costs for the 2015-2016 biennial budget are: Item 2015 2016 Labor $75,979 $75,979 Benefits $31,911 $31,911 Professional Services $57,000 $37,000 Other Costs $5,000 $5,000 Total Costs $169,890 $149,890 Note: Table revised March 2015 Kitsap Conservation District Farm Assistance The C it y currentl y h as over 1400 acres of agricultural lands. Many of these farms are required to estab li sh and impl ement farms plans in accordance with provisions in the City's Municipal C ode. The City and the Kit sap Conservation District (the District) s hare a common goal to promote Best Management Practices to protect water quality, provide education to landowners on agricu ltural impacts and support the use of Low Impact Development practices . Well-designed conservation practices increase farm productivity while protecting water quality and reducing soi l erosion. The Di s trict has th e expertise and experience to provide Farm Plans to meet the requirements of Bainbridge Is land Municipal Code Section 18.09.030 and provide assistance on land management activities and their impacts on natural resources. In providing these s erv ic es, the District assis ts with comp li ance of the City's Municipal Permit, including ass istance w ith the Illicit Discharge Detection Elimination Program and education/outreac h. The City and t he District entered into an agreement in 2009 (Appendi x 8) and continue to work collaboratively in providing information and services to property owners. The scope of work of the agreement requires the District to partner with the City to develop and accomplish the following tasks: Task I-Respond to referral s o Objective: Respond to and address water quality and fish and wildlife related referral s from the City and Kitsap Health Di s trict (KHO). • Task 2-Education and outreach V-4 316 UAC DRAFT -OCTOBER 2014 o Objective: Promote public knowledge of local natural resources and fish habitat issues._Maintain a Conservation District agricultural and natural resource educational program. • Task 3-Develop resource management plans (farm plan) o Objective: Protect surface water bodies from potential sources of contamination caused by agricultural-related land use. Provide technical services to landowners. Promote cooperative solutions. Facilitate federal , state and local incentive programs. Task 4-BMP Design o Objective: Provide agronomic and enginee ring design services that s upport natural resource protection in City watersheds. Provide designs for Bes t Management Practices (BMPs) that meet USDA Natural Resources Conservation Service standards and s pecifications. Develop alternative cost-effective BMPs that are suitable for a specific site's needs and landowner's financial needs. Provide landowners with rain garden designs . • Task 5-BMP installation o Objective: Improve water quality and fish and wildlife habitat in Bainbridge Is la nd watersheds by facilitating a nd assisting with the implementation of BMPs. Provide technical serv ic es to cooperators for implementation of farm management practices a nd ha bitat enhancem ent effort s . Offer contracte d and/or vo lunteer labor forces for insta llation of BMPs. Coordinate joint installa tion. Provide technical support for rain garden in s tall ation. • Task 6-BMP inspection and mai ntenance o Objective: Determine the operational effectiveness of BMPs on water quality and habitat within the City. Monitor the operation and maintenance of installed BMPs. Demons trate BMPs. • Task 7-Inventory o Objective: Address non-point pollution caused b y inadequate agricultural management practice s . Identify , prioritize and map agriculturally related prope rt y within the C ity . • Task 8-Administration and reporting o Objective: To provide project management, including communication, s ubmitting billing invoices, a nd submitting annual and progress repo rt s. The value of the annual contract with the KHO has been approximately $40,000 , and an annual anal ys is of program tasks by city s taff has determined that approximately 75% of th e V -5 317 UAC DRAFT-OCTOBER 2014 activ iti es und er the program ta sks s upport water quality benefits. T herefo re in past years, th e SSWM utility has paid approximately 75% of the KHO billing under thi s agreement. Methodology for Street and Road Charges App endix 9 gives a complete hi stor y of the C ity C ouncil deci s ion proce ss regardin g ass ess ment of s torm water fee s for the City and State-owned streets and highway network on the island . Current C ity Code exempts city streets and roads, as well as State highway s and privately-owned roads from th e fees . Th e prim ary rationale for no t charg in g Cit y stre ets is th at th ey a re a part of th e MS4 and have contributed sign ifi cant capita l impro ve ment s to the MS4 over th e years. Pa st City capita l project programming polic y ha s been th a t for streets projects (motori zed a nd non-motorized), if there was a stormwater compon ent required in conjunction wit h the impr ove ment s, then the SSWM Ut ilit y wou ld fund these parts of the projects . In o rder to maintain consistency with the fee policy , it mi g ht be more consistent to require storm water components o f streets proj ec ts to be funded by stree ts funding so urc es rather than SSWM Utility. In thi s way , s treet s projects would continue to contribute capita l to stormwater impro vement s and therefore maintain con sistenc y with the pol icy. The SSWM utilit y would co ntinue to fund capital projects that are not pa rt of a street impro ve ment project. Street Sweeping and Road Maintenance Spoils City charg in g practic es for roa ds-rel ated mainte nance and spoil s disposal has evo lved and changed over the yea rs and may warrant som e level of rev iew and adjustment to ac hi eve the de sired consistency with C it y Co uncil direction on stre et and road SSWM fees. The following table shows the standing work order charging prac tic e for Publi c Wo rk s O&M labor: Spoils Rel ated Work Order Charges WO# WO Type WO Description Split Org Org De scription 14916 Standing Spoil s Hauling 100 7343 1835 SSW M Maintenance 14917 St a nding Street Sw ee ping 80/20 73637945 All oca t ion SSWM/Streets 14963 Stand ing Ditching 100 73431835 SSWM Maintenan ce 1482 3 Standing Shou lder Maintenan ce 100 73111427 Streets Road side 14964 Sta nding Bike l ane Sweeping 100 73111423 Streets Roadway The data in the tabl e indi cate th at the SSWM utility pa ys for I 00% of C ity labor for s poil s haulin g and ditchin g, as we ll as 80 % for str ee t swee pin g. T he Ge neral Fund pays fo r th e labor for s hould e r maint e nanc e and bike lane swee pin g, as we ll as 20% fo r str ee t swee pin g. The labor charging pra ct ice s a re a subj ecti ve deci s io n by th e Cit y th at cou ld be adj usted. The justifi cation has been given th at street swee ping aids in th e main tena nce of the storm wate r collection sys tem, as we ll , so can approp ri atel y be charged to the SSWM utili ty. Th e decisio n co uld just as easil y be made that th e costs should be charged to Streets , pa rti cul arl y in li ght of the dec is ion not to assess Stre ets a ny SSWM fees. V-6 318 UA C DRAFT -OCTOBER 201 4 The disposal c ost s for a ll of th e spo il s gene rat ed from th e above activities is curren tl y c ha rged 100% to the SSWM Ut ility, as we ll as a ll th e labo r a nd other costs associated w ith o pe rating the d ecant facilit y w here the s po il s are d ewatered prio r to s hi pp in g for d is posa l. A more co n s is tent practice w ould be to a ppropri a te ly charge s poil s dis p osal costs to m atch t he la bor ac ti v ities that gene rat ed the s poil s. The be low table s hows th e ex pe nse hi sto ry fo r th e v ari o us so urces o f waste : CITY OF BAINBRIDGE ISLAND SSWMM DECANT FACILITY 7-YEAR ANNUAL SPOILS SUMMARY NJle: hconing spoils are shown in es lirreted cubic yards, ou tgoing spoils are show n in ac tu al tonnage . Costs shown are based on 20 t4 tipping f ees . A'of ile # 23525CV Cormingled aass W Street and Road Maintenance A'ofile # 07 15CU Convringled Street Sweeping and Storm Cl'ainage Debris Ortching Potholing Shoulders Slides Total Total Costs based Storm water Street Toi al Total Costs based Total Vea r Incoming Outgoing on 20'4 fee of &veeping lnc oml\g Out go ing on 20~ fee ot Combined klc om ing .,coming Inco ming hcomlng (cu yd) ~ons) $4\24/l on Incoming Incoming (cu yd) (tons) $3487 /ton Spo~s Costs 2007 558 .1 5.5 910 .0 241 .0 1714 .6 1564.3 $ 64,5 1 I 66.5 399.0 465 .5 551.8 s 19,242 s 83,753 2008 1147 .5 97 .0 1747.5 8.0 3000 .0 33 16.0 $ 136,751 695.0 421 .0 11 16.0 1372 .1 $ 47 ,845 s 184 ,597 2009 762 .3 38 .5 112 .0 0.0 9 12.8 1229.8 $ 50,7 18 250.0 321 .8 57 1.8 498.4 s 17.379 $ 68 ,096 200 647 .5 104.5 411.0 5.0 1168 .0 1498.5 $ 61 ,799 19.0 262 .0 28 1.0 266.4 s 9,289 $ 71 ,087 2011 360 .0 7.5 1272 .0 88.0 1727 .5 2293.8 $ 94,595 22.0 258.0 280 .0 330.5 $ 11 ,524 $ 106,11 9 2012 133 .0 11 2.0 1317 .0 1.0 1563 .0 211 1.8 $ 87,09 2 420 .0 349.3 769 .3 352 .2 $ 12,281 $ 99,3 73 200 552.0 56.0 1804 .0 0.0 241 2.0 2538.8 $ 104,698 57.0 237.0 294 .0 204. I $ 7,11 6 $ 111,814 594 .3 60.1 1081 .9 49.0 1785 .4 I 2079.0 r $ 85. 738 218.5 321.1 539.6 I 510 .8 r $ 11.8 11 I s 103.548 1 7·yrAve 26% 3% 47 % 2% 9% 14% If c ha rg in g practices for s poil s di sposal were a djust ed to m atch la bor c hargin g p racti ces, th e average s avings to the S S WM Utility wo uld ha ve been : Rof1le # 23525CV Cormingled aass rv Street and Road Maintenance Rohte # 07150.J Cormingled Street S.-eeping and Storm D'ainage Debris Shoulders Slides Tot1I To1a1 Co sis based on Storm water Street To1a1 To1a1 Cos11 based 0 1tch1ng Potho ~ng To11 1 Combined Year Incoming OYtgo lng 2014 lee o f S\>.eepll"lg Incom ing Outgoing on20'14 feeof (cu I'll (tons) S4 12411on (CUl'd ) ~lont) $34 87 llon Sp::uls Cosls Incoming In comi ng Inc oming ncom1ng ncom1ng hcomN'lg 594 3 60 .1 1081 .9 490 17854 2079 0 s 85.738 218.5 3211 539 .6 5108 s 17,811 s 103.548 7-yrAve 26% 3% 47% 2% 9% 14% Po tential SSll'.M 0 60.1 108 1.9 49.0 11911 13869 s 57,197 0 642 64 .2 60.8 s 2.120 $ 59,316 Sa\1ngs Costs based Costs on Ave of based on S25 07 /ton Av e of S25 27 /ton Total Hauling 20790 s 52,121 510.8 s 12.907 $ 65,0 28 Costs Poten tial SS'M.1 1386 9 s 34 ,770 60.8 s 1,536 $ 36 ,307 Sa\1ngs Total Po tent ial $ 95,623 SS WM Savings V-7 319 UAC DRAFT -OCTOBER 2014 S ince th e original distribution of this analysis, the City has moved forward w ith opening the City-owned Lovgreen property for disposa l of Comingled C lass IV Street and Road Maintenance Waste. The SSWM Utility will save an estimated $85,738 p er year in disposal fees utili z ing the 7-year average of spoi ls generated. If charging practices for spoi l s hauling and disposal for Comingled Street Sweeping and Storm Drainage Debris were adjusted to distribute costs to Streets in accordance w ith labor charging practices , as discussed earlier, additional savings would be realized by the SSWM Utility. Estimated Savings to the SSWM Program would be $3,656 per year. Below is a breakdown all s poils generated by the City: Potholing Shoulders Slides Total Storm water Street Total Ditching Year Incoming Sweeping Incoming Incoming Incoming Incoming Incoming (Cu ft) Incoming In coming (cu ft) 2007 26% 0% 42% 11 % 79% 3% 18% 21% 2008 28% 2% 42% 0% 73% 17% 10 % 27% 2009 51% 3% 8% 0% 61% 17% 22% 39% 2010 45% 7% 28% 0% 81% 1% 18% 19% 20 11 18% 0% 63% 4% 86 % 1% 13% 14 % 20 12 6% 5% 56% 0% 67% 18% 15 % 33% 20 13 20% 2% 67% 0% 89% 2% 9% 11 % 6-yr Ave 28% 3% 44% 2% 77% 8% 15% 23% It is recommende d that these discretionary programs be presented in detail and st udied by the Utilities Adv isory Committee (UAC), so the committee may formu late a recommendation to the City Council on maintaining, expanding, or reducing the scope of the programs, as well as a recom mendation on the appropriate source of city funding. Legal Analysis of th e SSWM Discretionary Pro grams (Updated April 2015) At the request of th e UAC, the City Attorney was asked to give an opinion on the legality of charging the costs of programs considered discretionary to th e SSWM Uti lit y. The opinion m e mo was added to thi s review report as Appendix 15. V-8 320 UAC DRAFT-OCTOBER 2014 VI. SSWM Infrastructure Condition Background: Starting in January of 2011 the Public Works Department undertook a new initi ative to create an ann ual report to document: • Summary of inspections a nd investigations performed on SSWM infrastruc ture. • Prioritize SSWM infrastructure proj ect s each year. This information is recorded each year in the Annual Stormwater Needs Assessment report which is finalized following the winter storm season each year by the end of the Second Quarter of the year. Investigations by Public Works Staff: New information is gathered each year regarding drainage problem s and condition deficiencies of the s torm drainage system serv ing the C ity 's roadway network. Public Works Operations and Maintena nce s taff routinely perform the following work: • Log communications with citizens in the MUNIS work order system • Monitor known drainage problems with potential safety or property impacts when precipitation thresholds are met. • Inspect all culverts on a 4-year cycle and a nnually at deficient culverts. • Ins pect City owned and operated de tention ponds and structures The fo ll owing reference information was utili zed to prepare this memorandum: • 2014 Culvert In spection Report by O&M (Appendix 10) • MUNIS Work Order query by sector of reported drainage problems. Engineering s taff updates the SSWM Program Project List (Appendix 11 ), documents observations, and updates thi s report each year. As of the drafting of this report the C ity had not experienced a major s to rm eve nt t hat re sulted in s ignifi cant damage in the winter of2013/ 2014. The following inve s tig ations were performed th a t are not associated with a major s torm event: Is land-wide deep culvert field observations The city has several culverts in deep fill sections. Many of these culve11s were installed in the l 960's and I 970's. Culverts of thi s era where typically cons tructed with concrete pipe or corrugated metal pipe. The City has experienced separation failures of concrete pipe and fai lure s due to bottoms of corrugated metal pipe ru sting out. In 2007 the City sustained a cata strophic failure of a corrugated metal culvert res ulting in embankment failures closing the roadway. In 2011 a m e ta l culvert failure at Sunrise Drive resulted in a culvert and embankment repair project. These culverts are inspected b y O&M ever y four years and more frequently due to defects or other factors as needed . These in s pections are limited to what can be re v ie wed a t the inl et and outfall of the culverts. This year public works identified and conducted field inves tigations fo r VI-I 321 UAC DRAFT-OCTOBER 2014 the purpose of developing a project to provide for more in depth in spection s and repair recommend ations where needed. Crysta l Springs Slide Downstream Improvement s During the 2008 Storm event, Crystal Springs Road failed resulting in clo su re for 3 weeks. Road and drainage repairs were comp leted in three week s . The drainage system wa s improved to include a settling basin located on private property that connected into a private system. Durin g recent storm even ts (2" in 24 Hrs.) the downstream drainage system has become overwhelmed causing damage to the residents landscaping. The two affected property owners feel the City has an obligation to improve the system or make other improvements to protect their property and ex isting water features. Staff was asked to eva lu ate the existing downstream system , make recommendations for improvement s and do a cost analysis. The downstream improvement s wo uld tie in the exi sting city maintained system to a new outfall while keeping the existing landscape water features intact. Area re s idences were inform ed of what wou ld be involved and easements gra nted to the city to move forward with the project. Conceptual design di scussed but nothin g fo rmal at this tim e. Ravenswood I Timberbrook Staff was asked to rev iew drainage sys tem for platted properties "Ravenswood" and "Timberbrook ". A downstream property owner of the deve lopm ents on Spring Ridge Road NE ha s experienced stormwater issues in the past and was concerned about the potential for future problems due to development. Staff researched the drainage sys tem s for subj ect plat s and also made s ite visits. It was determined the sys tems that were installed met the standards of the time (2001) and appear to be functioning well. The systems are maintained by City O&M staff. 2039 Viewcrest Place NE Staff received a call from the property owner that water from a micro-burst storm event was pouring down their driveway from Viewcrest Place NE. Staff assembled available hi stor ica l information, maps and met with the owner. As a res ult of the investigation and meeting it appeared that water from the streets above was not getting into the syste m, and maintenance of the ro adside ditch sys tem was in order. O&M had recently completed upstream maintenance. Engin ee rin g Staff met with O&M, explained the s ituation , and recommended further improvement s. It was recommended tha t a new catch bas in and associated drain pipe be in stalled to connect to the existing system. Staff delivered a dozen sand bags at the owner 's requ es t. Staff adv ised the homeowner of precautionary measures th ey could take to avo id future problems such as maintaining their drainage sys tem or making their own imp rovements to ensure their property , in a low area below the roadwa y, was protected. VI -2 322 UAC DRAFT-OCTOBER 2014 202 Knetchel Way NE Area property owners and Council reques ted improvements to the road and drainage system in thi s area. Staff conducted re search of the local d evelopments, interviewed knowledgeable staff m embers, reviewed land use conditions, conducted s ite visi t s and researched historical mapping. lt appeared that the storm-water pond and structures had not been maintained. The property frontage as it exists today lacks s id ewalk and curb and gutter improvements. The unimproved area was observed to not adequately drain. Staff provided a comprehensive report to the Director of Public Work s to submit Council. Rockaway Beach @ 4452, Sink Hole The City was contacted by the property owne r, Mr. Rich ard Thomas that a s in k hol e was developing in hi s driveway. O&M crew were dispatched to the address and determined th at the cause of the s ink hole was a broken storm lin e, outs id e of the City's ri g ht-of-way, that crosses Mr. Thomas's driveway. Mr. Thomas was insistent the City was re s pons ible for the pipe and thus repairing t he damage to hi s driveway. Staff was requested to investigate the situation and provide recommend ation to the Public Works Director. Background: The inlet of the pipe originates at the bottom of the westerly fill section. Flow travels east beneath Rockaway Beach Drive, then enters a 12 " private system t hat bends in a dog-leg fas hion in a northerly direction beneath the Thomas driveway then bend s east, following the eas t west property line, th en di scharging thru a bulkhead into Puget Sound. Staff members had contracted work ups tream of the pipe w ithin the right of way in approximate ly 200 l. The concrete cross cu lvert beneath the roadway was crushed not far down from the inlet. A contractor opened the roadway and removed the damaged pipe. Mr. Thomas a ll eged that the work upstream and uphill deve lopme nt have cause d additional water to be directed into the system, therefore the C ity was responsible . Staff prepared a white paper, which in part makes the following observations: • Water from upstream development is co ll ected, treated and disc harged fr o m a S in gle Family residence that was recently built with improvements consistent with current s tandards. • The repair work performed by the City did not add capacity to the system. • The drainage system on private property was constructed when the prope11y was developed. The roadway was improved and the roadway cu lvert insta ll ed prior to the construction of the re s idence. • The cons truction of the pri vate system was s ubstandard in that the trans itions of pipe in s ize, material or direction s hould be done thru a catch basin. Conc lu sion: the drainage system on th e Thomas property is pri vate and th e re s ponsi bility of the homeowner to operate and maintain. VI-3 323 UAC DRAFT -OCTOBER 2014 1 1665 Sunset Ave. NE Mr. Jaso n Anderson contemplated improve ment s within the right of way to close in a ditch sys tem fronting his property. Staff made a s ite visit, meeting the property owner and discussed the project. Staff returned to the office , developed a briefreport and letter to Mr. Anderson advised him of right of way permit requireme nt s and the need to have his project designed by a Profes sional Engi ne er. 6639 NE Bayview Blvd Operations and Maintenance asked for assistance with a drainage problem at the above address. It was reported that during period's prolonged rains , the system is overwhe lmed and adjacent prop e rtie s are affected. Staff met with O&M staff to revie w the s ituation , re searched available mapping, historical deve lopment in the area and made a written recommendation to O&M staff for int er im and poss ibl e long term remed y of the s ituation . Hidden Cove I 13807 Silven Ave NE, Depue-Zapt Prop erty Drainage Recent rain events and major storms in the past have caused damag e to a residence at th e above address. Engineering Staff was reque sted to evaluate the regional drainage faci litie s and possibility of redirecting a basin to discharge at another location. Eng ineering Staff had visited this si te shortly after the 2008 storm. At that time , staff recommended that O&M maintain the ditch and cross culvert system, upstream of th e private conveyance and outfall system. Staff also reviewed the downstream drainage system that is operated and maintained by the adjacent property owner. Staff advised owner/operator of that syste m that if the system was to be brought up to current standards, the city would take over responsibility of operation and maintenance of the entire system. The hom eowner declined. At thi s request , Staff conducted a basi n analysis that concluded that redirecting flows was not feasible due topographic limitations and associated high cost. The Depue-Zapt property ha s been affected by flooding and high ground water due to poor maintenance of the priva te system that accepts water from a contributing basin a nd right-of-way. Staff presented a repo rt an d recommendation to the property owner in letter form. Drainage, Rose Ave NE/ Fir Street -Longview Builders Engi neering Staff was requested to meet with O&M Staff and Longview Builders concerning in stallation of a pipe system in the right of way. Staff reviewed the s ubdivi sion and engineered plan s for the project. Staff concluded afte r reviewin g the plans that in stallation of the drainage improvements was the respon s ibility of the developer/builder. 4292 Rockaway Beach A very small landside occurred on March 5, 2014. Engineering Staff obse rved the s lide a nd O&M Staff shut off water to the fire hydra nt that was partially buried by the s lide. A wo rk VI-4 324 UAC DRAFT -OCTOBER 2014 request was s ubmitted for removing the s lid e later this s ummer once the embankment had sufficient time to dry out. This area was later observed on March 2i11 by Aspect Engineering. Refer to the Aspect Report dated March 28 111, 2014. 4672 Rockaway Beach A landslid e occurred on or before March 21 , 20 14 on the embankment a bove th e roadway on private property. The embankment at this location is over 50 feet from the improved roadway. Due t o the concern of the stability of the embankment and s tabi li ty of trees be low the s lide the C ity tas ked it 's on-call geotechnical consultant to observe the embankments and the trees below the s lide . Refer to the Aspect Report dated March 281 \ 2014. Trees had been cut higher up on the embankment without a permit and the C ity's code enforcement is working with th e Property owner to restore vegetation and address potentia l danger trees. The City removed one da nger tree c losest to the right-of-way. 5300 Rockaway Beach T he drain pipe below the culvert has b ee n blocked re s ulting in overflow onto the property during s torm events at thi s address. Engineerin g Staff has been working with the neighboring property owners to try and resolve this problem fo r severa l years. Operation s and Maintenance C rews were tasked w ith attempting t o locate the blockage from the outfall side of the drainpipe. A Eng in eering Staff member noticed that there had been some scarfing high up on the s teep embankment above the roadway and sandy seeps at the toe of the embankment . Due to concern that there may be an increased potential for a surface slide on March 26111 ' the C it y impl eme nted a 3-ton weight restriction and loca l access on ly on Rockaway and t asked the City's on-call geotechn ica l consultant with observing the embankments above Rockaway Beach Road and evaluating areas of concern. Refer to th e Aspect Report dated March 28 111, 2014. VI-5 325 UAC DRAFT- VII. SSWM Capital Needs Assessment The intent of this section of the report is to maintain a list of storm water system deficiencies and prioritize projects to address them. Refer to the attached 2014 Stormwater Program Project List. (Appendix 11) Proposed Projects for the 2014 Annual Culvert Replacement Program The following projects have been identified as top priorities for the 2014 Annual Culvert Replacement Program: Blakely Falls Creek Culvert at Halls Hill -The City has taken several steps to improve storm water conveyance in the vicinity of Halls Hill road due to residence concerns of the stability of the hillside no11h of Blakely Harbor. A raised edge and ditch improvements were provided on Halls Hill Road to convey road run off. With the completion of the repairs and installation of a new larger diameter culvert at Seaborne, other work along Blakely creek may now proceed. The existing corrugated metal culvert has rusted out. Replacing this culvert may reduce channel erosion by providing for reduced flow concentrations over a shallower slope . Design was completed in 2013. This is an "on the shelf' project ready for construction as soon as funding can be made available. Dripping Water Creek Culvert at Sunrise Drive -This culvert is identified as a fish barrier. COBI has had the culvert on the list for replacement for many years. The top of the pipe is crushed. The road has been overtopped during the 2007 and 2010 storms damaging the roadway shoulders. This project is programmed for construction in 2014. Cambridge Crest Drainage Repairs -An existing drainage structure was not adequately constructed resulting in flooding in the vicinity of a detention pond located at the cu l-de-sac . The design and construction of this repair is scheduled for 2014. Lynwood Center Outfall -The exi sting culvert system and outfall is tidally influenced and frequent ly is plugged by beach sediment and is inhabited by wildlife resulting in septic conditions. A grant was received in 2012. The design was completed in 20 13. Construction is progranuned for 2014 pending successful procurement of permits and easements. Mountain View road reconstruction and drainage improvements -A number of areas lacking conveyances were identified in the 200 1 Surface Water Management Plan. The City retained the services of Browne Wheeler engineers to study and complete preliminary designs for high priority locations in 20 12. Completion of design and permitting for Mountain View Drive drainage is planned in 20 14 , and road construction is planned for 2015. Valle y road recons truction and drainage improvements -A number of areas lacking conveyances were id entified in the 200 1 Surface Water Management Plan. The City retained the s ervices of Browne Wheeler engineers to study and complete preliminary designs for high priority locations in 20 12. Thi s project is being accelerated to faci litate private drainage above Gertie Johnson Road. Design and construction is planned for 2014. VII-I 326 UAC DRAFT- Wardwell Road Reconstruction and Drainage -The Ci ty received DOE funding for design at the end of 2013 and was able to move forward with the design. Construction funding will be pursued in the 2014 DOE grant cycle. Yeomalt Area Drainage -The City received DOE funding for design at the end of 2013 and was able to move forward with the d es ign. Construction funding will be pursued in the 2014 DOE grant cycle. Seaborne Creek Mitigation -As mitigation for the Seaborne project the city is obligated to restore 175 feet of similar creek frontage. The City is currently pursuing grant funding for a project to restore a section of Springbrook Creek that is currently ditched along-side a roadway Other priority projects on the list will be addressed if further resources can be made available. Proposed projects for inclusion in the Capital Facilities Plan (CFP): Refer to the attached Ranked Project List (Appendix l 0) for identified projects and project details. Proposed projects for inclusion in the 6-year Capital Improvement Plan (CIP): Projects proposed for the CIP require funding in excess of what can be provided for in the Annual Stormwater Preservation Program (R&M) or require greater funding or grant funding, extensive permitting, easements, use of consultants for engineering study or design , or other complexities. The following is the proposed 6-year C IP for th e p e riod 2015-2020: (Revised pe r UAC di sc u ss ion s April 2015): VII-2 327 UAC DRAFT- ... "O a. ~ c c <II <II Ec~~a. :0 'E VI ·-"' "O 8 ~ & & ~ ~ ~ c :> -S EE UJ <( u. ~ 8 8 ~ ...... c c c 2!e ........ ::: Project ~ ~ e! ~~3~~ 2015 2016 2017 2018 2019 2020 Notes: \9 \9 \9 STORMWATER PROJECTS· 6-YEAR CI P 2015-20 Annual Stormwater Preservation y 100 100 291 297 303 309 W ardwel l Rd Rec o nst ructi on a nd Dr a inage Imp . x 548 y y 730 M tn . Vi ew Dr . Rec ons t ru ction and Drai nage Imp . y y 12 4 1 Yeomalt Area Drainage Improvemen t s x 326 y 4 35 Blakely Falls Creek Cul ver t (Halls Hill) y 150 Waterfront Park Outfall Reconstruction x y 45 125 Deep Culvert Preservation Assessmen t y 75 Deep Cul vert Preserva ti on Progra m y 50 200 250 200 250 Eaglell1b1 Dr McDonaldCreekCulvertRcpa11 y Eagl e Hrbr Dr Culve1 t Repairs at Creosote Creek y Rockaway Beach Rd. Outfall y 50 150 Co un tryClub Rd . Reco ns tructi on & Dra inage l mpr . y y 75 Bl akely Avenue Area Drainage Improve ments y 4 5 30 250 Springbrook Creek Restoration and Cu l vert Rep la ce x 450 y 600 TOTALS ............................................ 237 341 1361 1152 1263 809 Gra nt Totals 0 0 450 326 548 0 6 y r Ave. City Funding 237 341 911 826 7 15 809 8 15 .25 Notes: Removed from SSW M CIP to General Fund C4 0 Ea gl e Harbor Dr. Ph . 1 (Co oper Cree k Cu l ver t Rep l) y y 60 25 8 440 VII-3 328 UAC DRAFT-OCTOBER VIII. Financial Analysis S tormwater utilities, suppo11ed by ongoing rates, are the largest local funding source fo r stormwater contro l in Washington State. The Utility Concept A sto rmwater utility is a stand-a lone ent it y, us ually set up as an enterprise fund, w ithin the governmental structure . It is defined as being financially and organizational ly se lf-suffic ient, and can be des igned to furnish a li mited or comprehensive set of servic es re lated to sto rm water quantity and quality management. A c ity utility operates under the purview of the city legislative authorit y. A sto rmwater utility provides a rel iab le, dedicat ed sourc e of revenue a nd an organizati onal s tructure that is dedicated to stormwater concerns. As a utility, a s tormwater management program can be carried out as a "s tand a lone" operation, with it s own budget, im p lementation plan, a nd e mpl oyees dedicated so le ly to storm water system operation, maintenance, administrati on, a nd education. A utility has the added benefit of reduc ing the burden on t ax dollar re venue from the c it y's general fund that might be used for stormwater concerns. Lega l Authorization Revised Code of Washington (RCW) section 35.67.020 authorizes cities "to fix , alter, regulate, and contro l the rates and charges for the ir" systems of sewerage, defined in RCW 35.67.010 to include stormwate r management. Other important RCW section s include 35.67.025, which s pecifies that all public property "shall be subj ect to rates and charges for sto rm water control faci liti es to the same extent private perso n s and private property are subject to such rates and charges," and 90.03.525, which limits the impos ition of s tormwater rates a nd charges on state highways. Stormwater Utility Rates Most storm water utility rates are based on imperv ious surface area. l mpervious surface area is widely accepted as an appropri ate meas ure of a property 's contribution of run off, providing a clear re lationship, or "rational nexus," t o servic e received from a stormwater program. Washington State com1 s have uphe ld s tormwater utility rate s who se rate schedu le s bear a reas onable relation ("nexus") to th e contri b ution o f each lot to s urface runoff. Municipali t ie s are no t required to measure each residential lot to ascertain the exact amount o f impe rvious s urface o n each one. Absolute uni formity in rate s is not required. T he ra te s fo r ea ch class mus t be internall y uniform , but different classes ma y be charged different rate s . F urther, on ly a practica l bas is for the rates is req ui red , no t m athemat ica l precision. Under s uc h a structure in the C ity, s ingle fam il y residences are charged for one E RU (Equiva lent Re s ide ntial Unit), and other developed property is charged for it s measured Vlll -1 329 UACDRAFT -OCTOBER impervious surface area -expressed as the numb er of ER Us. Th e City define s an ERU as 3,000 square feet of impervious surface . During th e last C ity Co mpre hensive Stormwater Review conduc ted in 2006 (O tak) it was noted that the City's current method of storm water program (Stormwater Uti lity and Genera l Fund) provided adeq uate funding, but did not guarantee that the funding would be avai lab le yea r after year. Continui ng that funding mechani sm, ove r half of the SSWM Program fund ing wou ld have had to come from the C ity 's General Fu nd. That wou ld ha ve requ ired the SSWM Program to compete with other Cit y programs fo r li mited resources . In yea rs when pub lic safety o r major road projects requ ire a signific ant funding in crease, it was possible that the SSWM Program would lose all or some of th e Genera l Fund transfer. It was rec ommended the City develop a long term stable and dedicated funding so urce for the SSWM Program . The ERU rate in 2006 was $7 /mo nth or $84/year. Sin ce th at time the rate has incr eased to $12 .23 /month or $146.76/year in 20 14 . This in crease in SSWM rates has allowed for the utility in come to fund nea rly all the program act iv iti es. Since 2008, th e annu al fee per equiva len t residentia l unit (ERU) has been : • 2008 -$14 9 .64/ERU • 2009 -$154.68 /ERU • 20 l 0 -$158 .52/ERU • 20 11 -$1 46.7 6/ERU • 20 12 -$146.76/ERU • 2013-$146.76/ERU • 2014 -$146 .76 /ERU The current City rates are detailed in BIMC 13.24. The current features of these rates include: • App ly to owners of a ll rea l property in the city wh ich cont ribu tes drainage wate r to and/o r which benefits from the city's storm water utilit y; • T he monthly service fee for eac h sin gle -fam il y and duplex res id ent ia l dwe llin g sha ll be $12.23; • If the rat io of imp ervious to pervious su rface of the s ingle -fami ly or duplex residential lot sha ll not exceed 50 percent. If the ratio of imper vious to pervious surfac es exceeds 50 percent, th e commercial/mu ltiple sha ll apply; • The month ly fee for all comme rcial/m ultipl e property shall be ca lcu lated accordi ng to the fo ll owing formu la: (Imperv ious area_,_ 3,000 sq. ft.) x si ngle- fa mil y and dup lex rate = rate; • T he City current ly charges for approximate ly 14 , 100 ERU ; • The monthly service fee fo r each condom in ium unit s ha ll be the rate charged for sin g le-fami ly dwelling s; Vlll-2 330 UACDRAFT-OCTOBER • For any property other than a sin gle -fa mil y re s idence or a duple x re s idential dwelling: o The storm and surface water serv ice monthl y fee charged for the property for impervious areas co n sisti ng of grave l shall be 80 percent of th e rate fo r . . 1mp erv1o us areas; o The storm and surface water serv ic e monthly fee charged fo r th e property for imp e rvious areas cons ist in g of packed dirt sha ll be 50 percent of the rate fo r impervious areas; and o The storm and s urface water service monthl y fee charged for th e property for impervious areas which are cleared but not compacted shall be 40 percent of the rate for imperv ious a reas; o The rate reduction au th orized shall not reduce the fee to less than 50 percent of the month ly fee req ui red ; • Appe nd ix 12 shows the current number of SSWM accounts , a nd number of ERU's per accou nt , sorted by Property Class. Some cities and co unti es in the state c harge their own stree ts for stormwate r service . The streets , w hil e providing sto rm water conveyance , are large co nt ributors of sto rm water runoff that mu st be managed -req uirin g funding from the str eet I road fund or, in th e absence of charges to that fund, other stormwater ratepayers. Streets and road capita l projects typically contribute s ignificant impro ve ments to the storm water system beyond just that required to convey the run- off from the street or road sur faces. In 20 12 (Ordinance 210 12-16) City Counci l took action to exempt all city, state and private roads from the assessmen t of sto rm water rates. App li cation of the curren t rates to properties tha t include fi eld s, pastures , open space s, me adows and ot her areas of cleared land has proven to be difficult due to word ing in the City Code that appears to introduce so me s ubjectivity in applying the rates. Simp li ficat ion and c la rifi ed word in g in the code is needed to ensur e ra tes are app li ed fa irl y and object ive ly across all cleared an d/o r developed land . Comparable City Rates A lth o ugh most citie s have s lightly different methods of applying rates and discounts to the rate , mo st use th e sin gle-fa mil y ERU of 3,000 sf of impervi ous surface as the basis for their rate design. A recent s urvey of comparable c it y monthly unit rates shown as an annual tota l is below: Vlll-3 331 UAC DRAF T -OCTO BER Annual Single Family ERU A~~roved Future Increas ed City Po~ul ation Fee Fee Bainbri dge Island 23,380 $ 146.76 $ Bremerton 39,190 $ 133.32 $ Bur ien 46,022 $ 151.00 $ Des Moi n es 29,290 $ 128.76 $ DuPont 7,930 $ 87.00 $ Edmonds 40,900 $ 116.28 $ Gig Harbor 7,520 $ 155.10 $ Lake Forest Park 12,680 $ 170.76 $ Merce r Isl and 22,890 $ 188.82 $ Muki lteo 20,150 $ 94.20 $ Newcast l e 10,640 $ 159.36 $ Normandy Park 6,540 $ 192.00 $ Oak Harbor 23,420 $ 137.40 $ Olympia 45,500 $ 137.40 $ Port Ange l es 19,380 $ 144.00 $ Port Orchard 10,910 $ 84.00 $ Pou l sbo 8,955 $ 128 .64 $ Sh o re l ine 54,580 $ 141 .00 $ Sno homis h 9,220 $ 150 .60 $ Snoqua l mie 10,670 $ 133.20 $ Steilacoom 6,300 $ 174 .96 $ University Place 31,550 $ 191.15 $ Kitsap County 168,865 ~ 82.00 ~ Average $ 140.34 $ Median $ 14 1.00 $ Note: Tabl e Revised Apri l 20 15 There is limited information on whether cities may be considering or have a lready approved future rate increase. Oth er Rate Proposa ls 201 1 UAC Subcommittee In 2011 the City Utilities Advisory Committee (UAC) recommended that the City Counci l amend and re state BIMC chapter 13.24 to restructure, revi se and clarify the fees chargeable by th e Storm and SSWM uti l ity (Appendix 13). The UAC recommended th e fo ll owing changes: 146.76 133 .32 151.00 241.68 87.00 116.28 232.74 191. 76 188.82 94.20 159.36 192.00 137.40 137.40 144.00 168.00 194.64 141.00 172.44 232.32 174.96 191.15 96.00 161.92 159.36 1. Undeveloped pa rce ls and parcel s with less than 500 square feet of "Hard Impervious Surface " should be exempt from SSWM fees. 2. The term "Hard Impervious Surface" sha ll rep lace the term "Impervious Surface", and shall mean a hard surface (such as a building or structure, roof, or hard-s urface pav ing material, etc.) that is impervious to water, but the Vlll-4 332 UAC DRAFT -OCTOBER definition will expressly exclude partially-pervious surfaces s uch as gravel, pe rvious pavers, pervious concrete, pervious blacktop, lawns, turfs , or compressed soils. 3. An "Equivalent Residential Unit" factor ("ERU Factor") shall, as before , be 3,000 sq. feet. 4. The City Council shall determine for each calendar year a "SSWM ERU Rate", which shall be expressed as a fee per annum per E RU. 5. In general, the SSWM fee for each parcel other than a s ingle-family residential parcel shall be determined as follows: • Square feet of Hard Impervious Surface • Divided by the ERU Factor •Times the SSWM ERU Rate for the year •Times 30%, if the parcel is Low Intensity (Le. less than 15% Hard Impervious Surface) •Times 50%, if an applicable SSWM discount applies. 6. Applicable discounts include: •Certain 50% discounts avail a ble to parcels other than Single-Family Residences: e.g., for practices of storm water management, low impact development and the like , or for properties governed by a NPDES permit, which therefore exhibit features that the City seeks to encourage. • Certain 50% discounts on residential properties for certain low-income owners, or for rental accommodation created to assist income-qualified t enants. There was no financial analysis done at the time to determine whether the proposal would increase or decrease utility revenue. This analysis would have to s tart with re-measuring many of the deve loped is land parce ls to evaluate the rate factors recommended, so the acc urat e resulting number of ERU's is known. Once ERU's are known, then the unit rate ($/ERU) can be calculated for any rate scenario, in order to fully fund program costs , or to identify program costs that must be c ut to allow the utility to operate within the unit rate approved by C it y Council. Public Works Director Proposal (April 2015) Appendix 16 is a rate proposal provided to the UAC in April 2015 by the Public Works Director. The proposal concurred with the 2011 UAC Subcommittee proposal on many key point (indicated by check ma rk s). The UAC u sed the two proposals and the ex isting C it y Code to develop a recommendation for C ity Counci I in June 2015. Appendix 14 shows a listing of island parc e ls that currently do not h ave any SS WM fee s being charged to them. While severa l property cl asses would not be expected to have imperv ious s urfaces (e.g., Undeveloped Land), there are other classes that would be expected to have impervious surfac es, and therefore would be s ubj ec t to a pplication of SS WM fees. These parcels should be researched s imil a rl y to the re-measuring as di sc u ssed above. Vlll -5 333 UAC DRAFT -OC TOBER Fin anc ia l Performan ce The fo ll owing tab le summarizes the annual financia l performance of the enterprise over the past five years. The tab le indicates annual cash flow performance not includ ing any reserve fund transactions or balances. STORM WATER 2010 2011 2 012 2013 2014 Reve n ues Year End Year End Yea r End Year End Budget Storm Water Rate Revenue $ 2,363,138 $ 2,353,616 $ 1,967,934 $ 2,004,581 $ 2,083,279 Grants $ 50,481 $ 43,507 $ 52,019 $ 129,978 $ 343,000 Other Operati ng Revenue $ 8,611 $ 750 $ 7,903 $ (5,633) $ Operating Rese rve interest $ 4,973 $ 5,988 $ 3,334 $ 5,681 $ 3,060 To t al $ 2,427,203 $ 2,403,861 $ 2,031,190 $ 2,134,608 $ 2,429,339 Expenses Labor $ 1,049,820 $ 924,417 $ 1,136,196 $ 973,613 $ 1,051,820 Operating Expenses $ 180,479 $ 228,609 $ 223, 737 $ 256,965 $ 249,217 Taxes, Insurance, IF Charges $ 351,508 $ 310,624 $ 286,982 $ 298,473 $ 288,452 Professional Services $ 290,833 $ 238,000 $ 336,919 $ 251,535 $ 224,261 Sub Tot al $ 1,872,640 $ 1, 701,650 $ 1,983,834 $ 1,780,586 $ 1,813,751 Capi t al Expenses Debt Serv i ce and Interest $ 54,711 $ 54,458 $ 54,204 $ 59,531 $ 53,697 Equipment $ 6,203 $ 9,723 $ 9,583 $ $ 88,000 Capita l Labor and Other $ 22,569 $ 99,561 $ 50,626 $ 37,808 $ 38,625 Project Expense s $ 142,363 $ 129,529 $ 74,564 $ 287,632 $ 815,427 Su b Total $ 225,847 $ 293,270 $ 188,977 $ 384,971 $ 995,748 Tota l Expe nses $ 2,098,487 $ 1,994,921 $ 2,172,811 $ 2,165,557 $ 2,809,499 cash Flow Surplus (Defi ci t) $ 328,716 $ 408,940 $ (141,621) $ (30,949) $ (380,160) Significant po ints to be made from analysis of the overall financia l trend s and performance over the past five years include: • Rate revenue declined beginning in 20 12 by over $300KJyear reflecting th e dec is ion to no longer assess City streets ; 0 This caused negative cash flows and the need to draw from Reserve fund s in 20 12 /13 • A significant increase in Capital Project expenses in 2014 ($8 15K) caused the negative cas h flow to increase significantly ($380K); 0 DOE grants he lped partiall y offset these higher Capital project costs ($343K); • Labor costs (which inc ludes benefits) have remained flat over this period ; • Other Operating Expenses have ri s en 38% over the five years (approximately 8.3%/year); • Professional services in 20 14 are approximately 20% be low the prior 4-year average ($279KJyr); • At current rate r evenue and current cost s tructure, the Ut il ity could s upport approximately $ l 25K per year in Capita l project costs; V lll -6 334 UAC DRAFT-OCTOBER o Grant funding could help leverage these funds by using the Utility funds for any required match. Projected Financial Performance The below table projects the current budget year forward for a total period of five years. Inflations factors have been included to accelerate some costs: • Labor costs 2.5% per year • Revenue 2% per year • Other Expenses I% per year • Taxes, Insurance, IF Charges, Professional Services 3.5% per year Capital equipment and project costs have been included to reflect the results of the most recent Stormwater Needs Assessment and update to the Capital Improvement Plan (CIP) in Chapter VII. Grant revenues are projected based on intent to apply for grant funding on projects indicated in the CIP. The UAC spent several meetings in March through May 2015 reviewing financials for the SSWM utility. The below reflects the latest version of the 6-year financial program. The projection includes: Decreased operating expenses for spoils disposal due to the anticipated use of the Lovgreen site Decreased professional services expenses due to the automation efficiencies being implemented in the WQFMP The updated CIP program included in Chapter VII Vlll -7 335 UAC DRAFT -OCTOBER STORM WATER 2014 2015 2016 2017 2018 2019 2020 Revenues Unaudited Budgeted Budgeted Projected Projected Projected Projected Storm Water Rate Revenue $ 1,957,674 $2,025,000 $2,025,000 $2,065,500 $ 2,106,810 $ 2,148,946 $ 2,191,925 Grants• $ 93,506 $ $ $ Other Operating Revenue $ 14,885 $ $ $ $ $ $ Operating Reserve interest $ 4,771 $ 5,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 $ 1,000 Tota l $ 2,070,836 $2,030,000 $2,026,000 $2,066,500 $ 2,107,810 $ 2,149,946 $ 2,192,925 Expenses Labor $ 1,056,150 $1,145,674 $1,179,209 $1,208,689 $ 1,238,906 $ 1,269,879 $ 1,301,626 Operating Expenses $ 160,265 $ 257,144 $ 177,862 $ 179,641 $ 181,437 $ 183,251 $ 185,084 Taxes, In su rance, IF Charges $ 270,356 $ 300,933 $ 304,481 $ 315,138 $ 326,168 $ 337,584 $ 349,399 Professional Services $ 181,097 $ 128,703 $ 70,906 $ 73,388 $ 75,956 $ 78,615 $ 81,366 Sub Total $ 1,667,869 $1,832,454 $1,732,458 $1,776,855 $ 1,822,467 $ 1,869,329 $ 1,917,475 Capital Expenses Debt Service and Intere st $ 53,697 $ 53,448 $ 53,190 $ 53,190 $ 53,190 $ 53,190 $ 53,190 Equipment $ 68,616 $ 29,000 $ 10,000 $ 31,000 $ 31,000 $ 31,000 $ 31,000 Project Expenses $ 455,604 $ 237,000 $ 341,000 $ 911,000 $ 826,000 $ 715,000 $ 809,000 Sub Tota l $ 577,917 $ 319,448 $ 404,190 $ 995,190 $ 910,190 $ 799,190 $ 893,190 Total Exp enses $ 2,245,786 $2,151,902 $2,136,648 $2,772,045 $ 2,732,657 $ 2,668,519 $ 2,810,665 Cash Flow Surplus (Deficit) $ (174,950) $ (121,902) $ (110,648) $ (705,545) $ (624,847) $ (518,573) $ (617,740) Storm Water Rate Adjustments Max Revenue Deficit $ (174,950) $ (121,902) $ (110,648) $ (705,545) $ (624,847) $ (518,573) $ (617,740) le t Revenue from Prior Adjustments $ $ $ $ $ $ $ JS: Adjustment for ln crm e ntal Taxes $ $ $ $ $ $ $ Net Re venu e Adjustment Requirem $ (174,950) $ (121,902) $ (110,648) $ (705,545) $ (624,847) $ (518,573) $ (617,740) Rate Revenue Requirement $ 2,132,624 $2,146,902 $2,068,322 $2,730,545 $ 2,649,847 $ 2,584,073 $ 2,724,550 Annual Rate Adjustment Required 9% 6% 5% 34% 30"/o 24% 28% Monthly Rate $ 16.41 $ 15.86 $ 15.18 $ 15.68 Rate Annual Rate Adjustment $ 50.13 $ 43.53 $ 35.42 $ 41.36 Yearly The analys is shows t hat with the current program level of service, the r es ult s of the capital Needs Assessment, and assumed growth projections the Stormwater Uti li ty has a projected rate r evenue deficit every year in thi s period ranging from 5% to 34%. Applied to current ERU rate ($146. 76/year) the required annual rate would be a minimum of $154.10 ($7.34/year increase) to a maximum of $196.66 ($49.90/year increase). Other Stormwater F unding So urces Other, secondary , fundin g so urce s include : • Street I Road Fund • General Fund • Grants • Conventional Debt In strument s (bonds, lo ans, etc.) • Spec ia l Assessments I Local Improvement Districts Vlll-8 336 UAC DRAFT-OCTOBER • Special Fees • Capital Facilities Charges The vast majority of the stormwater programs costs are recovered through storm water utility rates. There are other, secondary, funding so urces available, with varying degrees of applicability, for stormwater management. • Street I road fund. In the absence of storm water utilities, city street funds could be used for storm water purposes on the basis that portions of many drainage systems have been built by street and road projects and maintenance in the right of way is provided by the same the department, Public Works. • General fund. Property tax revenues is the primary source of general fund resources in the city, and u se of general fund money is mostly unrestricted, and thus could be to fund stormwater management in the absence of a stormwater utility. General fund resources are subject to many competing demands, and may not be considered a r eliable source for ongoing funding. • Conventional debt instruments. The most commonly used long-term debt instruments are revenue and general obligation bonds . These sources are available for capital funding only, not operations. Revenue bonds are the most common source of funds for construction of major utility improvements. • Special grants and loans . Some state and federally administered grant and loan opportunities are available. Most are provided for capital funding only, but the Washington DOE ha s issued "capacity" grants in the first yea rs of the NPDES Permit issuance in order to help jurisdictions "stand-up" their programs. • Public Works Trust fund -Water, sewer , storm, roads , bridges a nd solid waste/recycling a re eligible and fund s may be u sed for repair, replacement, rehabilitation, reconstruction and including reaso nabl e growth (generally the 20-year growth projection in the comprehensive plan). PWTF loans are usually available at interest rates of 0.5%, 1 % and 2% with the lower interest rates g iv en to applicants who pay a larger s hare of the total project costs, al though the program has been experiencing changes in recent years. • Special assessments I local improvement di stricts. Mo st commonly structured as loca l improvement districts (LIDs), the se funding mechani sms assess individual properties benefited or served by a spec ific capital improvement for a s hare of the cost of that facility. Special benefit must be demonstrated by an increase in assessed valuation due to the improvement, often a difficult linkage to demonstrate for stormwate r improvements . These have not bee n used for stormwater projects in the city. • Special fees. Direct charges I fees may be used to recover the direct costs for services performed for a customer or class of customers not generally related to the overall se rvice charge -s uch as development ins pections . • Capital facilities charges. Capital , or general, facilities charges are authorized for cities under RCW 35.92.025. Capital facilities charges a re one-time charges imposed as a condition of development, and are designed to recover from growth a n equitable s ha re of the cost of capital investment incurred by the utility. Revenues from such charges are dependent on growth and are available for capital purposes only. These have not been u sed in the city. Vlll-9 337 ~ .. <( r 0 LEGEND : WESTERN WASHI NGTO N PHAS E 11 MUNI CIPAL STO RMWATER PERM IT IM PLEME NTATION SCH ED ULE TASKS S'M~P Oeve~p & Implement SVY1JIP Plan A:'lnual U date a Track Cosu or ES1ima:ed Costs b Track lnspechons, Enforcemena, Public Ed AcU.,.ily Conhnut 1mpremen1at10n ot Exising Programs a. Coordfnate w 1·1f1 oltler Ent~ies b 1n1emal Coo1diriatlon l ncl\J ded in SWMP a Pubtic Education & Outreach b Creale Sle'Hardshp & Parttctpalion Opportuni1ies c Measure Und8rslancMg & Adopllon ot Beha vio<s a Pubnc lnvo:Vement & ParUcl lion, ptovido opportunity Sl/\'MP & Annual Report Website Poslin llicit Discharge Oeleclion end Hminalion a. 01l9ol'n9 S101rnwaler Mapplng and updale a" Map All New Connections Since f ebruary 16. 2C-07 b IOOE Ord in ance Updale (if necessat)1(15 22) c llkit Discha rge Oeleclion & E!imina1ion Program e.1 F!eld Screen 40% of MS4 1213\/17· 12% yrs thereat!er c i Oocoment fiekl Screen Methodob9y In An nual Report e i Publica~y Us! Phone Ifs for Reporting S ills b lmple rnenl Permit P<ocus I Plan Revie11¥ & lnspecl w/oew thresholds b.i Review An S1ormwa1u Sile Plans b.ii Pte-Con Site Inspection b iii !nspe<:I An Sftes fOl Etosion and Sediment Cor.lrols b iii Enforce ESC as Necessary b iv Final ESC Inspection b iv M a~lenance-Plan for New Faci1i11es {Bonet P109ram b iv Enlorce Mainlenance Plan (8ond Prog ram) b v Minimum Compfiance 800/o In spect Reqmnts bvi Enforcement Strategy c OAM for Ptival A S1ormwater Faci!ites & BMPs Lon Term Maint ·lreatmenl & Flow Con1rol OYPS c 1 Enlcrce code. 1<1entitying Respons1bWries tor OMA ci Main t Standa rd • lo Ch .4 VGl.Vof 20t1 S MMWN c 111 Annual 1nspccllon or Pr i'ilatc F'<1cil11ies lnspecl Residenlial Facilities Every6 Monlhs ·ti190% or .; rv ¥.>Is constru t led (or when construchon slops and srtes are Fu11)t slab1lile<I) t >r.i Track. Inspections, Enrorccmenls eh; (Ail Notices} Make NOi tor COMI & lnduSVial S:1e Avail. & Enforce Lee.al Re g s on NPOES consl. Sites e T1ain AD App!ieable Staff on AbO'"' Aclivil ies (Track.) I. Low l mpacl Developm ent Inc LID into Codn. Ru·u Stndi $.Ent. OOCs Ma~i r,9 LID Common Used roa ch unle$S lflfeas!ble 0 Ettcttivc & f JCpiralion Oa lu of Pet mil rMJongoing Requirement [gPermtt Oeildllne Appendix 1 338 Appendix 2 -SSWM FTE 2014 6/4/2015 2013 2014 2014 All ocati on Factors for Position Title Dept SSWM SSWM 2014 2014 Task s performed total FTE each position FTE FTE COUNC IL MEMBER Co uncil 0 1 No SSWM allocation N/A COU N CIL MEMBER Co uncil 0 1 No SSWM alloca tion N/A COU NCIL MEMBER Counci l 0 1 No SSW M alloca tion N/A COU N CIL MEMBER Co un ci l 0 1 No SSW M all oca tio n N/A CO UN CIL MEMBER Co un ci l 0 1 No SSW M all oca tion N/A COU NCIL MEMBER Co uncil 0 1 No SSW M all ocation N/A CO UNCIL MEMBER Co uncil 0 1 No SSWM allocation N/A COURT ADMISTRATOR Co urt 0 1 No SSWM allocation N/A COUR T CLERK Co urt 0 0.8 No SSW M allocation N/A COUR T CL ERK Co urt 0 0.8 N o SSWM alloca tion N/A COURT SECURITY Co urt 0 0.7 5 No SSW M allocation N/A JUD GE Co ur t 0 0.5 No SSW M allocation N/A SE NI OR COURT CLERK Court 0 1 No SSW M al loca tion N/A CIT Y MANAGER Executi ve 0.04 0 .044 1.00 FTE, Community Support, Co un cil and community communi ca t ion and Exec utive Support support, general oversight, cap ital projects oversight, budget development DEPUTY CITY MANAGER Executive 0.03 0.038 0 .75 FTE, Budgeted Operating Cap it al project pl ann ing, stra tegi c pla nning, Expenses, Co mmunity Sup po rt community communica tion EXECUT IVE ASST /SR HR Ex ecutive 0.05 0 1.00 N o SSWM all ocation N/A CITY ATIORNEY Exe cutive 0.07 0.070 1.00 Litigation Exp, Risk Mgmt, City Lega l advice and co nsultati on, l ega l Manager Allocation re presentation PARA LE GAL Executive 0.03 0.030 1.00 Co uncil Suppo rt, Contrac t Co ntract review, public r ecords requests Mgmt, Real Property, Pub lic Re co rds HR M AN AGER Executive 0.05 1 1.00 FTE HR ta sks (hiring, perfo r ma nce ma na gement , sa fet y comm ittee). external co mmuni ca t i ons, sc heduling CITY CLE RK Executive 0.03 0.030 1.00 Cou n ci l Support by Fund, Public Council agenda and minutes, filings, publ ic Record s records r equests ACCOU NTIN G MANAGER Fi nance 0.06 0.060 1.00 Budget ed Operating Exp, JE's, Required financi al reporting, grant reporting, Gr ants, Lon g-Term Debt, Acc t invo ice pay ment, payro ll process i ng Mgmt FTE ACC TG TECH Finan ce No SSWM all ocation N/A ADMIN SECR ETARY DEPT Finance 0.02 0.02 1 1.00 Rec ords Mgmt, Pub lic Records Publ ic records requests, records Request, Genera l Admin, m a nagement/retention, UAC meeti ng support Council Age nda Items, Util ity Adv iso ry BUDGET MANAGER Finance 0.08 0.088 1.00 FTE , Budge t ed Operat ing Budget preparati on, budget m o n itoring, H R Expe nses tasks and suppor t DIRECTO R FINAN CE Financ e 0.04 O.Q40 0.80 Budgeted Op Exp, QTR Fi nanc ial reporting oversight, budget Reporting, Ca pital, Project s, development, ongoing monitoring, quarterly Leg al Issues/Risk Mgmt, Cash reporti ng to Council and community, public M gmt, Co uncil and Committee reco rds request r esponse, HR oversight Suppo rt, Staff Mgmt, HR , Public Reco rds U:\SSWM\SSWM Revi ew \Draft Chapt ers\Appendices\App 2 -SSWM_FTE 20 13_updat ed for 2014_080 72 014 Page 1 339 Appendix 2 -SSWM FTE 20 14 6/4/2015 2013 2014 2014 Allocatio n Fact or s for Positio n Ti t l e Dept SSW M 2014 2014 Task s p erformed SSWM t otal FT E each p osi t i o n FTE FTE FISCAL SPECIALIST 1 Finance 0.07 0.086 1.00 Budgeted Operating Exp, FTE Payroll processing; budget data entry, budget adjustment dat a enty. FISCAL SPECIALIST 1 Fina nce 0.05 0 SR ACCTG TECHNICIAN Finance 0.03 0.030 1.00 AP, Front Desk Invoice processing SR ACCTG TECHNICIAN Finance No SSWM allocation N/A SR FINANCIAL A NALYST Finance 0.07 0.080 1.00 Budgeted Operating Exp, Cost Quarterly monitoring/forecasting, monthly Allocation, QTR reporting, cash flow reporting, financial statement Capital , Cas h Mgmt preparation, budget development, re venue forecasti ng CHIEF OF POLICE Pol ice No SSWM all ocation N/A EVIDENCE TECHNICIAN Police No SSWM allocation N/A PARK ING ENFORCEMENT Police No SSWM allocation N/A PARKING ENFORCEMENT Police No SSWM alloca t ion N/A POLI CE COMMANDER Police No SSWM alloca tio n N/A PS ADMIN COORDINATOR Police No SSW M alloca t ion N/A SR POLICE CLERK Police No SSWM allocation N/A SR PO LI CE CLERK Po lice No SSWM allocation N/A DETECTIVE Police No SSWM allocation N/A DETE CTIVE Police No SSWM allocat ion N/A LI EUTENANT Police No SSWM allocation N/A LIEUTENANT Police No SSWM allocation N/A LI EUTENANT Pol i ce No SSW M allocati on N/A LIEUTENANT Police No SSWM allocati on N/A OFF ICER Pol i ce No SSW M allocati on N/A OFF ICER Police No SSWM allocati o n N/A OFFICER Poli ce No SSWM allocati on N/A OFFICER Police No SSWM allocation N/A OFFICER Police No SSWM allocation N/A OFFICER Police No SSW M allocation N/A OFFICER Pol i ce No SSWM allocati on N/A OFF ICER Po lice No SS WM allocati on N/A OFF ICER Police No SSWM allocation N/A OFF ICER Police No SSWM all ocati on N/A OFFICER Police No SS WM allocation N/A OFF ICER Police No SSWM allocation N/A OFFICER Police No SSWM allocation N/A HARBOR MASTER Po l ice 0.04 0 .038 1.00 Al loca tio n represents time related to water quality rev iew ADM IN SECRETARY DEPT PCD No SS WM allocation N/A ADM IN SECRETARY DIV PCD No SSWM al location N/A CO MM DEV ADM IN STRATR PCD 0.05 0 Allocation is r epresentative of Pl an review, code interpretation, staff the staff this position oversees oversight. U :\SS WM\SSWM Revi ew\Draft Chapters\Appe ndi ces\App 2 -SS WM _FTE 2013_updated for 2014_080720 14 Page 2 340 Append ix 2 -SSWM FTE 2014 6/4/2015 2013 2014 201 4 Allocati on Fact ors for Posi t ion Ti tle D ept SSWM SSWM 2014 2014 Tasks perform ed total FTE eac h position FT E FT E DEVELOPMENT ENGINEER PCD 0.05 0 Allocation reflects the time Review plans, coordinate with private design associated with the re view and engineers, coord i nate site inspections w ith inspection o f privately Public Works. constructed publ ic faci li ties associated w ith short plats, DEVELOPMENT ENGINEER PCD 0.05 0.050 1.00 Allocation reflects the t ime Rev ie w plans, coordinate with priva te design associated with the review and engineers, coordinate site inspections with inspection of privately Public Works. constructed public facilities associated with short plats , DIRE CTOR PCD PCD No SSWM allocation N/A SPEC IAL PROJ PLANNER PCD N o SSWM allocation N/A BU ILD ING INSPECTOR PCD 0.01 0.010 1.00 Allocation represents time spent Required site inspections. inspecting and observing on-site construction stormwater issue s. BUILDING INSPECTOR PCD 0.01 0.0 10 1.00 Allocation represents t ime sp ent Requi r ed site inspections. i nspecting and observing on-site construction stormwater i ssues. BUILDING INSPECTOR PCD O.OIO 1.00 Allocation represents t ime spent Required site inspections. inspecting and observing on-site constructi on stormwater issues. BU ILD ING OFFIC IAL PCD 0.01 0.0 10 1.00 Allocation represe nts t ime Requ i red site inspecti ons. managing processes asso ci ated with building and p lanning permit reviews that involve connections to the SSWM PERMIT SPECIALIST PCD 0 .0 1 0.0 10 1.00 Time spent acce pting, Permi t processing rel ated to connections t o processi ng and coord inat ing the City 's SSWM system. building and pl anning perm its that involve co nnections to the Ci ty's SSWM system SR PLAN CHECK ENG PCD No SSWM allocation N/A ADM IN SECRETARY DI V PCD No SSWM allocation N/A PERMIT SPECIALIST PCD 0.0 10 1.00 Time spent accepting, Permi t proce ssing r el ated to connecti ons to processing and coord i nating t he City 's SSWM system. building and pl ann i ng pe r mit s that involve connections to the City's SSWM system. U :\S SWM\SSWM Review\Draft Chapters\Appendices\App 2 -SSWM_FTE 2013_updated for 2014_08072014 Page 3 341 Position Title Dept ASSOC PLANNER Current PCD Assoc PLANNER CURRENT PCD ASSOC PLANNER CURRNT PCD CURRENT PLANNIN G MGR PCD PLANNER CURRENT PCD ASSOC PLANNER LN G RN PCD ASSOC PLANNER LNG RN PCD LONG RG PLANNING MGR PCD PLANNER CURRENT PCD CODE ENFORCEMENT OFF PCD ADM IN SECR ETARY DEPT PW DI RECTOR PUBLC WORKS PW ADMIN SECRETARY DIV PW 2013 SSWM FTE Appendix 2 -SSWM FTE 2014 2014 2014 SSWM total FTE FTE 2014 Allocation Factors for each position 0.01 0.010 1.00 Allocation based on NPDES permit requirement that planners perform a site v isit of any newly development property with an active perm it prior to construction . 0.01 0.010 1.00 Allocation based on NPDES permit requirement t hat 0.01 0.01 1.00 Allocation based on NPDES permit requirement t ha t 0.01 0.01 1.00 Allocation is representative of the staff this position oversees 0.01 0.01 1.00 Allocation based on NPDES permit requirement that No SSWM allocati on No SSWM allocation No SSWM allocation No SSWM allocation 0.03 0.030 1.00 Allocation based on follow up on construction stormwater issues, and responding to st ormwater-related code complaints. 0.05 0.05 0 1.00 Allocat i on i s based o n historic leve l of effort by ta sk provid ed by the employee and superv i sor and project direct charging 0 .10 0.100 1.00 Allocation i s based on historic level of effort by task provided by the empl oy ees in this department 0.23 0.23 0 1.00 Allocation is based on his toric level of effort by t ask pro vided by the employee 6/4/2015 2014 Tasks performed Site vi sit and review Site visit and review Site vi sit and review Staff oversight Site vis it and review N/A N/A N/A N/A Site visit, code enforcement actions, customer con ta ct and outreach, complaint resol ution Cap ital project bid management, Co un cil materia l support and agenda bills , grant paperwork Oversight of operations and capital projects, Council and community co mmunications, str ategic planning, commun ica ti on w /state agencies, budget de ve l opment and monitori ng Ca p ita l project bid management, i nvoice processing, grant paperwork support , budget adjustment p repa ration U:\SSWM\SSWM Review\Draft Chapters\Appendices\App 2 -SSWM_FTE 2013_updated for 2014_08072014 Page 4 342 Ap pe nd ix 2 -SSWM FT E 2014 6/4/2015 2013 2014 20 14 Allocati o n Factors for Pos ition Title Dept SSW M 2014 2014 Tasks performed SSW M FT E FTE total FTE each po sitio n ADMIN SECRETARY DIV PW 0.23 0.230 1.00 Allocation is based on histori c Publ ic re cords req uests, coo r dinate level of effort by task provided inspections for right of way permits, capital by the employee pr oject bid management CA PITAL PROJ COO RD PW 0.62 0.620 1.00 All ocation is ba sed o n his t oric Project design and ma nagem ent leve l o f e ffort by task provided by the employee and supervisor and project direct cha rging CO NSTRUCT ION IN SPEC T PW 0.10 0.100 1.00 Allocation is base d on his t ori c Inspection of construction sites, bot h pub lic level of e ffort by task provided and private by t he employee and supervisor and project direc t charging ENGINEER 1 PW 0.90 0.900 1.00 Allocation is based on historic Program management, site inspections, level of effort by tas k provided regulatory compliance by the empl oyee and supervi sor and proj ec t direct charging EN GI NEER 2 PW 0.15 0.150 1.00 Allocatio n i s based on historic Capi t al planning, project management, pla n leve l o f e ffort by t ask provided revi ew for public pr ojects by the employee and supe rvisor and projec t direct c ha rg ing ENGINEER ING MANAGER PW 0 .25 0.250 1.00 Alloca ti o n i s base d on hi st ori c Ca pita l pl anning, project management, plan l eve l of effort by t as k provided revi ew fo r public projects, sta ff supervi sion by th e employee and supervisor and project direc t charging EN GNRNG SPEC-WTR RES PW 0.88 0.880 1.00 Alloca ti on i s base d on hi st ori c Gro und water monito ring and r eporti ng l evel of effort by ta sk provided by the em p loyee and supervisor and project direct cha rging PROJECT M ANAGER 2 PW 0.0 5 0.05 0 1.00 Allocati on is based o n hi sto ric Ca pital pl an ning, project management leve l of effort by task provid ed by the employee and supervisor and p roject direct charging U:\SSWM\SSWM Review\Draft Ch apt ers\Appendi ces\App 2 • SSWM _FTE 2013_updated for 2014_080720 14 Page 5 343 Appendix 2 -SSWM FT E 2014 6/4/2015 2013 2014 20 14 Allocation Factors for Pos ition Ti t l e De pt SSW M SSWM 2014 2014 Tasks p erformed tot al FTE eac h p osition FTE FTE PW ADMIN COO RDIN ATO R PW 0.20 0.200 1.00 All oca ti on is base d o n hi storic Ca pi ta l proj ec t i nvo ice coordination, gr an t level of effort by ta sk provided ma nagement, staff su per vi sion by the employee and supervisor and p roject d i rec t chargi ng SURV, SSW TEC HNI CIAN PW 0.70 0 All oca t ion is based on historic Survey of uti lity asse t s and projec t si t es, l evel of effort by t as k provided capita l des ign support by t he employee an d supervi sor and p roj ec t direc t chargi ng SU RV EY PR OGRA M MG R PW 0.27 0.270 1.00 Alloca tion is based on hist oric Su r vey of utility assets and pr oject si tes, l evel of effo rt by ta sk provi de d capital d es ign support, publ ic re cords by the employ ee and supe rv iso r r eq ues t s, r ecordi ng l egal d oc u ments and projec t direc t charging ADMIN SECR ETARY DIV PW 0.13 0.130 1.00 All ocati on i s based o n hist or ic Wo rk or der management , st aff supp o rt l evel of effort by ta sk provided by t he employ ee MAINTENA NCE TEC H II PW 0.90 0.9 00 1.00 Work o rder based Re pair, ma i ntenance, response to st orm eve nts MAINTENA NCE T ECH II PW 0.90 0.900 1.00 W ork order based Repai r, ma i ntenance, res ponse t o st orm eve nts MAINTE NANCE T ECH II PW 0.90 0.900 1.00 Work order based Repair, maint enance, response to storm even t s MAINTEN ANCE TE CH II PW O.l S 0.150 1.00 Work o rde r based Repair, ma i ntenance, res po nse to st orm eve nts M AIN TE NAN CE TE CH II PW No SSWM alloca tio n N/A MAINTEN ANCE TEC H II PW No SSW M allocatio n N/A M AINTENANCE TE CH II PW No SSWM alloca tio n N/A M AI NTE NANCE TECH II PW No SSW M all ocatio n N/A MAINTE NANCE TEC H II PW No SSWM allocation N/A M AINTENANCE TECH Ill PW 0.90 0.900 1.00 Work o rd er based Repair, main t enance, respo nse to storm event s M AINTEN ANCE T ECH I ll PW No SSWM allocatio n N/A M AINTENANCE TE CH Ill PW No SSWM alloca tio n N/A ME CHANI C II PW 0.17 0.170 1.00 W ork o rder based Vehi cl e an d equ ip ment r epai r an d ma int enance M EC HANIC Ill PW 0.17 0.170 1.00 Work or der based Vehicl e and equipment r epair and ma intenance PUBLI C WO RKS M A NAGER PW 0.13 0.130 1.00 Al l ocat i on i s base d o n hi sto ric Ove rsigh t of utility infrastructu r e, asse t level of effort by ta sk provided ma nagement , prioritizi ng capita l pr ojec t s, by emplo yees and sup ervi so r coord inati ng w /management entity U:\SS W M\SSW M Revi ew\Draft Ch apt ers \Append ices\App 2 -SS WM_FTE 2013_updated fo r 2014_08072014 Page 6 344 Append ix 2 -SSWM FTE 2014 6/4/2015 2013 20 14 20 14 Allocat ion Factors for Posi t i on Ti tle Dept SSW M SSWM 2014 201 4 Tasks p e r form ed total FTE eac h position FT E FTE PW SUPERVI SOR PW 0.12 0.1 20 1.00 Allocation is based o n historic Supervision, work load scheduling, oversight level of effort by task provided by employees and supervisor SIGN S & MARK SPE C II PW No SSWM allocation N/A TREAT PLANT OPER II PW No SSWM allocation N/A TREAT PLANT OPER II PW No SSWM allocation N/A TREAT PLANT OPER Ill PW No SSWM al location ]}/A UTIL STR PROJ COORD PW 0 .06 0.060 1.00 W o rk order based Equipment planning and purchase, water backflow testing program, pl an review, coordination with Planning CAD/GI S SPEC IALI ST IT 0.05 0.050 1.00 Map requests, zoning updates, Maintain and update GIS record s, projects as culvert program, infrastructure assigned update, various specific pr oj ects IT MANAGER IT 0 .09 0.090 1.00 Average between determined Coordinating net work access for te l emetry, allocations supporting support t echnology upgrades, staff oversight programs/functions/divisions within department SENI OR IT SPEC IALIS T IT 0 .11 0.11 0 1.00 Ba sed on FTE support pro vided Co o rdinating network access for telemetry, for computers, phones, other support techn ol ogy upgrade s techinica l support SEN IOR IT SPECIALIST IT 0 .06 0.055 0 .50 Based on FTE support provided, Support technology upgrades, w eb number of MUNIS users, W o rk information, staff support Order Maintenance, Laserfi sche Connections, Bid Mgmt SYSTEMS ADMINISTRATOR IT 0 .05 0.04 5 0.50 Based on FTE support pro vided, MUNI S structure, capital ex pense number of MUN IS users, Work maintenance Ord er Maintenance, La serfisc he Connectio ns, Bid Mgmt 10.59 9 .8055 U:\SSWM\SS WM Revi ew \Draft Chapte r s\Appendices\App 2 -SSWM_FTE 2013_updated for 2014 _08072 014 Page 7 345 Act ivity Permit Refe r ence Management S5.C.5.i Adm in istrative Support Fleet and Equipment Support Tra ining, Meetings, and Certifications S5 .C.5.g Spo ils Disposa l Alternatives Rev i ew Hazwoper Tra in ing Stormwater Po ll ution Prevent ion Plan (SWPPP) Inspection and S5.C.5.h Maintenance Decant Facility Operations GlO Spoi ls Hauling Street Sweeping S5.C.5.f Ill icit Discharge Detection and Elimination (IDDE) and Spil l G3 Res ponse S5 .C.3.d Annua l Roadway Cu lvert and Ditch Li ne Maintenance S5.C.5.f Annua l Catch Bas in and Pipe Li ne Mai ntenance S5.C.5.d Annual Water Qua lity Vau lt and Detention Tank Maintenance S5.C.5.b (17 tanks, 13 vau lts) Vincent Road Landfi ll Monitori ng Annua l Storm Pond and Bioswale Maintenance S5.C.5.b (42 ponds, 8 b i oswa l es) Major Maintenance and Repair Projects S5.C.5.a.ii Catch Bas in Tro u ble Spot Inspection S5.C.5.c Storm Re sponse and Recovery S5.C.5.c Construction/Customer Support Appe nd ix 3 -O&M Work Plan City of Bainbridge Island Pub lic Wor ks Operations and M aintenance Div i sio n Surface a n d Stormwater Management Mainte n ance Wo r k Unit 2014 An n ua l Work Plan Schedu le Descr iption Ongoing Operational plann i ng, coord ination, and reporting. Ongo ing Customer, crew, and staff support. Ongo ing Equ ipment procurement, maintenance, and repair. Orga ni zationa l meetings, gene ral vocationa l tra ining, and targeted stormwater Ongoing t r aining. Jan -Dec Provide sampling and testing records, develop standard operat ing procedures. Attend 40-hr Hazwoper training, required to take over landfill we ll monitoring March responsibilities. W ill provide improved IDDE and spi ll response capabi lities. Ongoing Periodic faci lity monitoring, biannual inspections, and annua l catch basin cleaning. Spoi ls samp li ng, testing, records management and regu l atory compliance. O n Ongo ing average 2500 are processed through the facility eac h year. Ongo ing Spoi ls hauling, d isposa l, and records management. Sweep ing act ivit ies f or downtown area, fa ll leaf removal, w inter sand remova l, Period ic and periodic construct ion track out control. Periodic Ill icit d ischarge and spi ll re spon se sa mpli ng, testing, clean up, and mitigation activities in coordination with interna l and externa l personnel. Jan -Apr Inspect 25% of all cu lverts and op en conveyance and clean as required. Apr -May In spect 25% of all c2tch basins and clean as required. May -June Annua l inspecti on and control structure cleaning. ·- June and Collect, test, and record l andfi ll well monitoring sampl es. December June -July Annua l inspect ion, contro l structure cleaning, and vegetation control. Perform Zone 4 d itching and cu lvert rep l acements and c lean se diment from Aug -Nov Ledgestone Loop stormwater pond. Oct Inspect and clean t ··juble spots prior to rainy season . Spot inspection of al l stormwater facilities and a thorough inspection of trouble Nov-Mar areas including catch basins, culverts, detention tanks, water qual ity vaults, and storm ponds. - Per iod ic Storm infrastructure utility locates, i nvestigation, and inspect ion . Measures • De liver 2014 work p lan • Manage expenses within budget • Work order, purchase order creation, tracking, and report ing • Timesheet tracki ng and reporting • Maintain and repair SSWM vehicles and equipment • Procure one medi um duty and one heavy duty truck • Ma intain required certifications and training • Conduct and document 4 stormwater spec ific trai ning sess ions • Perm itted reclamation site in se r vice • Two O&M personnel trained • Certificates of tra ining rece ived • Periodic monitoring performed • Dry weather and wet weather Inspect ion comp lete • An nua l catch basin cleaning comp lete • Records up to date • Satisfactory annua l KPHD inspection • Records up to date • Spoi ls transfe r red withi n 90 days • Street sweeping completed • Street sweeping tracki ng reco rds updated • Ill icit discharges and spi ll s contro ll ed and cleaned up • I nspections comp leted • Cu lverts cleaned • Ditches and pen conveyance cleaned • In spections comp leted • Catc h basin s cleaned • Closed conveyance cleaned • In spections completed • Structures cleaned • June sampl i ng, testing, and records keep ing comp leted • December sampling, testing, and record s kee ping comp leted • Inspections completed • Structures cleaned • Vegetation removed • Zone 4 ditching and cu lvert work comp lete • Ledgestone Loop pond debris removed • In spection and cleaning comp lete • Conveyance and treatment systems clear and operat iona l • No flood damage • Storm check list comp leted • No stormwater infrastructure broken or damaged by construction 346 LOVGREEN ROAD PIT Background information Appendi x 4 347 Lovg r ee n Pit Site S09, T25 , R2E , W.M. 1 NUMBER CITY OF BAINBRIDGE ISLAND PUBLIC WORKS ENGINEERING DEPARTMENT Append ix 4 348 l!lii/i ·'.: )" .~: '- ,. ",' ":'· .. \.:''.• ·1 ... , '.'! f.· \ ·' I , . .- f ·,t I •, ' ;:' (:. i, :· 349 3. Lovgrcen Pit (Parcel No. 092502-4-002-2006) a. De scription of the loca ti on and s ize of the property: Thi s is a 14.3 9 acre pa rc el at the e nd of NE Lovgreen Road . b. Desc ription of th e circumsta nces un de r whic h the property was ob tai ned : The property was acquired und e r a rea l estate co ntract with Kitsap Cou nty dated August 13, 200 1 that in cl ud ed two oth er parc e ls. T he Cit y pa id $300,000 for the th ree prop ert ies over a ten- yea r period. The Ci ty made the final payme nt for th e propert ies and rece iv ed tit le on Dec ember 22, 2010. c . De sc ription of th e fund s used to acquire th e propert y: Genera l Fun d. d. Recomme nd ation as to whi ch fund th e proceeds from it s sa le shoul d be credited: Whil e no mon etary compe nsa ti on wo uld be pa id by th e Park District , the City wou ld avoi d sub s tantial operations, maint enance, lega l and liabilit y expen ses by transferring the prop erty to the Park District. e. Descripti on of what municipa l use the property ha s been put to in the pa st, if any, and what use, if any, for which it might be he ld : The prop ert y is current ly not use d . The Lovg re en Pit s it e was hi stori ca lly use d to min e gravel fo r road construction purp oses. Active mining operations ceased in ap pro ximate ly 1992. The s it e is burd ened by easements in favor of th e KP UD (as s uccessor to North Bainbridge Water Co mpany) for severa l we llh eads, as we ll as for pl ace ment and ma inten ance of a wa ter main . Th e sit e was th e subject of a Leve l Ill env iro nm ental assessme nt performed by Go lde r and Associates of Sea ttl e whic h res ulted in th e iss uance to Kitsap Co unt y of a "No Furthe r Ac ti on Lette r." In 2004, the Wa s hington State De pa rtm ent of Natura l Reso urces termin ated th e Surface Min e Reclamat ion Permit and confi rmed that the reclamation was sa ti sfac tory and met th e need s of the ame nded recl amati on pl an and the re qui re men ts of C hapter 78.44 RCW . The parcel's use was declared as "Park -Open Space." In 2005 , the Cit y request ed cance ll ation of the San d and Gravel Ge ner a l Permit with Depa rtment of Eco logy for th e s ite . At the time the permits we re termin ated, the Cit y was wo rking with th e Park Di strict on a lo ng-term lea se allowing th e Park Di stri ct to develo p, use a nd maintain th e s ite. A Park District co mmittee recom mended in a March 17, 2000 repor t th at the Park Di strict acqu ire the sit e, but th e C ity acq uired it instead as par t of a multi- parce l transaction. Th e s ubl eas e with the Park Di st rict was put on hold pending se ttl emen t of the reclamation iss ues and not picked up aga in afte rwar ds as Pub lic Works co ns idered us ing the prope rt y for c lean road spo il s. In 20 11 , C it y Co unc il inc luded the pro perty in a sur plu s reso luti on and au th ori zed its transfer to th e Park Distr ict pur sua nt to Reso luti on No. 2011-16. f. The date of any and each pri or apprai sal of the prope rty, and the va lue determined by eac h such appra isa l: There was no appraisal of the property pr ior to it s purc hase. g. Es timation of va lu e (pre -a pprai sa l) of th e pro pe rty: The assessed la nd va lue of the parcel is $378,05 0. Appendix 4 350 h. Whether an appraisal is recommended and the type of appraisal: An appraisal is not necessary in connection with a transfer of park/open space to the Park District. 1. Whether the property is usab le by abutting owners or is of general marketability . Not applicable. J. Whether special consideration ought to be given to so me other public agency that has a use for the property: City Council approved the tran sfer or lea se of the parcel to the Park Di s trict on May 14 , 2003 and authorized its tran sfe r in a sur plu s resolution on August I 0, 2011. k. Whether the property should be so ld at al\ction, by sea led bid, by req ue st for proposal CRFP) or by negotiation: Not applicable. I. Whether th e property should be designa ted for consideration as Open Space or considered for transfer to th e Park Di s trict: Yes. m. Recommendation as to whether any special covenants or re s trictions should be imposed in conjunction with th e sa le of the property: The standard transfer document s from th e City in favor of the Park District include provision s that specify that the land is to be used for park purposes only. A conservation easement may be required at the time the property is transferred or at a future dat e at the reque st of th e City. Prior to offering, on any term s, any portion of the property, or any interest there in, to any third part y, the Park District mu st fir st notify the Ci ty in writing of the District's intent to transfer any portion of the property and shall offer to re-conv ey the property to the City, without monetary re muneration or additional consideration. n. If owned by a City utility, recommendation as to whether the property should be so ld or transferred to the City 's General Fund prior to being conveyed or so ld to a third party: Not applicabl e. Appendix 4 351 ) > - 0 - 0 ( l ) :: : : I a. . )( " ~ Su m m a r y LO V E G R E E N PI T SP O I L S RE C L A M A T I O N SI T E DR A F T PR E L I M IN A R Y SU M M A R Y 04 0 4 1 4 1 Ini t i a l p r op o s a l inc lu d e s re c l a m a t i o n o f sh o u l d e r an d di t c h i n g sp o il s o nl y 2 Po t e n t ial li f e c y c l e 10 pl u s ye a r s - re q u i r e s su r v e y fo r ac c u r a t e es t i m a te 3 Po t en t i a l t o us e th e sit e j o in t l y w i t h Pa r k s Di s t r i c t 4 Co n c e p t po t e n t i a lly fe a s i b le, so m e re g u l a t o r y re q u i r e m e n t s t o be de t e r m i n e d M a jo r Co n c e r n s 1 KP UD we l l h e a d p r o t ec t i o n 2 Co n n ec t iv i t y b e t w ee n sp o i ls , re t e n t i o n po n d , sp ri n g s, an d cr e e k 3 Jo i n t us e o f si t e w i t h Pa r k s Di s t r i c t VV o r k I n- p r o g r e s s 1 Re v i e w av a i l a b l e re c o r d s - d o n e 2 Re v i e w co u n t y re c l a m a t i o n pl a n s , hi s t o r y , an d si te s - d o n e 3 Co m p i l e sp o i ls re c o r d s - d o n e 4 Co m p i l e pr e l i m i n a r y co s t s / s a v i n g s - do n e 5 Co n f i r m th er e ar e n o DN R re c l a m a t io n re q u i r e m e n t s - in i t i a l co n v e r s a t i o n s in d i c a t e d no DN R re q u i r e m e n t s 6 De t e r m i n e KPU D w e l l he a d p r o t e ct i o n re q u i r e m e n ts - on s i t e me e t i n g se t fo r w e e k o f Ap r il 14 , 20 1 4 7 De t e r m i n e co n n e c t i v i t y w i t h si t e , s p r i ng s , an d str e a m - po t e n t i a l ro a d bl o c k 8 Ob t a i n lo n g t er m Ci t y gr a d e an d fi l l p er m i t - i n it i a l co n v e r s a t i o n do n e 9 SE P A pr o c e s s 10 De v e l o p re c l a ma t io n p lan 11 Re v i e w sp o i l s re c o r d s an d pl a n w i t h KC HD 12 De v e l o p si t e SV V P P P Sit e Pr e p a r at i o n - On e ti m e co s t s 1 Gr a v e l Lov g r e e n ap p r o a c h ro a d fr o m M i l l e r Ro a d 2 Ad d 4 X 6 ro c k t o p i t en t r a n c e 3 Gr a v e l on sit e p i t ac c e s s ro a d 4 In s ta ll si g n a g e 5 Cl e a r an d pr e p a r e d is p os a l ar e a f o r fi l l ma t e r i a l 6 I ns t a ll fe n c e on lo w e r p i t 1 : 2 so u t h sl o p e 7 Gr a d e an d gr a v e l n e w d isp o sa l si t e an d ac c es s ro ad 8 Cr e a t e se d i m e n t a t io n po n d 9 In s t a l l BM P s 10 Dev e l o p SV V P PP De sc r i p t io n 45 0 ' lo n g X 25 ' w i d e X 0. 2 5 ' 35 0 ' lo n g X 15' w i d e X 0- 2 5 ' Re m o v e tr e es, br u sh , et c . 20 ' X 30 ' X 3' w / 3: 1 si d e sl o p e Ha y ba les , si l t f en c e, et c . U ni t s Yd s To n s Yd s Each Ac r e Ft Ac re Lu m p su m Lu m p su m Lu m p su m Am o u n t Unit price Total Cost 10 4 10 1,040 35 35 1,225 97 10 970 5 100 500 2 5,000 10,000 40 40 1,600 2 5,000 10,000 4,000 500 500 30,335 35 2 ) > "' O "' O CD : J 0. . x · ~ LO V E G R E E N PIT SP O I L S RE C L A M A T I O N SI T E DR A F T PR E L I M I NA R Y SU M M A R Y 04 0 4 1 4 O p e r a t i n g Co s t s / S a v i n g s 4 / 4 / 1 4 On g o i n g - An n u a l op e r a t i n g co s t s De s c r i p t i o n 1 Gr a d e sp o i l s ma t e r i a l On g o i ng as re q u i r e d 2 An n u a l te s t i n g As ag r e e d t o w i th KC H D 3 An n u a l te s ti ng Lab co s t s - 6 t i m e s / ye a r 4 Re c o r d s On g o i ng s SW P P P in s p e c t i o n s (d r y an d w e t we a t h e r ) Tw i c e ye a r l y 6 BM P ma i n t e n a n ce On g o i n g as re q u i re d 7 Re v e g e t a t i o n Ev e r y th r e e ye a r s An n u a l Sa v i n g s Ba s e i n f o r m a t i o n Av e r a g e ro u n d t r i p t o Ol y m p i c Tr a n s f e r St a t i o n = 38 m i X 2 = 76 m i Av e r a g e fu e l e c o n o m y = 4 . 4 mi / g a l Av e r a g e 20 1 2 co s t pe r ga l l o n o f di e s e l = $3 . 6 7 /g a l Av e r a g e tr a n s f e r r e d p e r t r i p = 36 to n s Av e r a g e la b o r p e r t r ip = 8 hr s Av e r a g e 7- y r Sp o i l s Pr o f i l e 23 5 2 S C V di s p o s a l q u a n t i t y = 20 7 9 to n s Av e r a g e 11 5 . S tr i p s pe r ye a r Av e r a g e 20 1 4 sp o i l s ti p p i n g fe e = 41 .2 4 / t o n De s c r i p t i o n Pe r son n e l la b o r co s t s Ve hi cle fu e l co s ts Ve h i c l e de p r e c i a t i o n an d in s u r a n c e Ve h i c l e ma i n t e n a n c e an d re p a i r Sp o i l s t i pp i ng fe e s De s c r i p t i o n Un i t s A m o u n t La b o r hr s 64 La b o r hr s 4 Se t 6 La b o r hr s 48 La b o r hr s 8 Lab o r hr s 24 La b o r hr s 24 Un i t s A m o u n t La b o r h r s 92 4 Ga l 1, 9 9 5 Lu m p su m 10 , 0 0 0 Lu m p su m Ton s 2, 0 7 9 To t a l An n u a l Sa v i n g s An n u a l Sa v i n g s Le ss On g o i n g - An n u a l op e r a t i n g co s t s To t a l An n u a l Sa v i n g s Pe r s o n n e l la b o r ; ve h i c l e fu e l, ma i n t e n a n c e , de p r e c i a t i o n ; an d ti p p i n g Si t e op e r a t i o n s , te s t i n g , re c o r d s ke ep i ng , an d ma i n t e n a n c e Unit price 45 45 600 45 45 45 45 Unit price 4S 3.67 2 41 Total Cost 2,880 180 3,600 2,160 360 1,080 1,080 11,340 Total Cost 41,580 7,322 20,000 10,000 85,738 164,640 Total Cost 164,640 11,340 153,300 35 3 \\'ater Rt so urus Pro2ram-20 15 \\'orknhrn ~ ·····-·" ~'""'"' . - _,\'\....--•d .... ,,, ........ 11;: ialn,lt;,l ... ~llliln.-.... . Pn:INt<:'N!Dc-'Cl ......... 1 ....... .... , ... ~A MNdA-.ct.W!Vrl,l-roo.ftl'ICIWil lirrlcmcrfmm ~,, .... .. ... ,, lll'll~Or'\C"_,..~\taM-IW -.J..bd.t• ---..... 1~.ttllo.:-li<ln W CWon•Cca:-m '-- .. ' O..M--• )O'mftbohd.U.Ulil.tclW...""1. -- ... ,_ ·~ 1r.,.r;-,. .. "" '"" ' 1-r.ln'lla ... l --~- '""" ,n .. "'" ~-... - "" "'" J l'c .. Jl'c .. <>o-- ... " .. .. .. ,. ,. I .. " " I .. '"' . . . Jltlo lll'XUl?.IU.ts.lo Ddq ll.'•NO'l.0.JH~ 1:Jt -l)il......_,,,.,.,,.Aal lotl.n lYl~l-llll ".0...."'•• 1V;> .... ·~1-,.:::-01srcu Sl..-.•Dlo<."""'•P•all ~~-.· ==========~~ .. ~=::t:::=::::::: iliii!L ~-~~"?:' ~ .. ~-.1 ,\"PDf.S~l----4 1- " ' \IP ).1-n all'LHi ,ari""'llilt ... U)O[.l;("~i.tl0.Uh.Ofl}l:\i lnmw:N.t1'!~1-,...-nt Hd '5·;nim'nl ,.,h 11.«l ~ "" zou • (~ ..... - 1)1 -~- lCllJ.lOU ... " IO "' I! .. JO .. 100 .. .. l1!lt !J l~l l1l -l llll t<"k•"'· ... 1.n1v.w :1-l-!."'01!\'f()f"J.$ ,,,.,_..._.-·~) --iii--iiiiiii~°"'"~ ~33:: iiE" ~~§ l)U,i l"ri'N~.l:'.Mu~ 16 --- " " .. CJIUIC:Al lA..SaAT RIU:Y.,fHOUl fUl:l l iY £ WAl(RJtfSOU"as l[CH Appendix 5 354 VVQlFMP Support of NPIDES St o r1nwater Per1nit l~equiren1ents (8/1/13 -7/31 /18) Pe rm it Sec t io n I WQFMP Co mponen t/Task/Activi ty Requirement S4 -Com pli ance with Sta ndards S4.A Identifie s exceeda nces of standa rd s fr o m s tormw ater imgact s Jn accordan ce with RCW 90 . ../8. 520, the dis charge of toxicants to waters <~f the state of Washington which would violate --St o rmwat er/F res hwater/M arin e bio/c hem sa mplin g (S tatus & Trend s) any water q uality standard, inc:luding toxicant s tandards , sediment criteria, and dilution zone crit ieria is prohibited The --Fres hwa ter macroin ve rtebrat e samp lin g (S tatus & Trend s) required r esponse to such discharges is de.fined in section S../. F. .. --Strea m/N ears hore Targe ted Stor m Eve nt Samp lin g --St rea m/Ncars hore Se d iment Sa mplin g --Flow Stati on Maintenance and Dow nl oads --Wea th er Statio n Mainte nance and Dow nload s --Data Analy sis and Rep o rting --WQ FMP and Flo w link Datab ase Up load & Managemen t --Fie ld O pera tions Man ua l -SO P Updates --Manual ln strea m Flow (ungagcd wq-monitored strea ms fo r load calc ul ations) S4.C --(see S4.A above) The Permittee s hall reduce the discharge of pollutants to the maximum extent practicable (MEP). S4 .D --(see S4.A above) The Perm itte e s hall use all kn ow n , a vailab le, and reasonable methods o.fprevention, control and treatmen t (A KART) to p revent and control pollution of waters o.f the state of Washington. S4.F -Notifi ca ti on o f Nonco mpl ianc e A Permit tee remains in compliance with S../ despite any discharges prohibited by S4.A or S4.B, when the Permittee undertakes the.following response toward /0 11g t er111 water quali(I' improvem ent: S4.F.I --(see S4.A a bove) A Permillee s hall notify Ecology in writing within 30 days o.f becoming aware, based Oil credible site-sp ecific illfor111a tio11 , th a t a d ischarge.from the MS./ owned or operated by th e Permittee is causing or contribut ing to a k11o w11 or lilc e~1' vio latioll of Water Quality S tmulard s i ll the receivillg wa ter . Written notification provided under this subsection shall, at a minimum, ide11tijj 1 tlt e source of tlt e site-!.p ecijic i11formatio11 , d escribe tlt e nature alld ext ellt of tlte k11 ow11 or lik ely vio/atioll ill tlte receiving water , and explain th e reasons why the MS4 discharge is believed to be causing or contributing to th e problem. For ongoing or continuing violations, a single written not(fication to Ecology willfu(fill this requirement. S4.f.2 --(see S4.A above) In th e even t that Ecology de termines, based on a not if/cation provided under S../. F. l. or through any other means, that a discharge from a MS4 owned or operated by the Pe rmit tee is causing or contributing to a violation of Water Quality S tandards in a re ceiving water, Ecology will not((y the Permiltee in writing that rm adaptive 111a1wgemellt re.\'fJ011se outlilled ill S4.F.3. bel ow is required ... S4.f.3.a -Adapti ve Management Res ponse Within 60 days of receiving a not (/ica tion under S../.F.2., or by an alternative date established by Ecology, the Permillee shall revie w it s S t ormwater Management Program (SWMP) and s ubm it a report to Ecology. The report shall include: S4.F.3.a.ii i. Designs/img leme nt s BMP effec ti veness mo ni tori ng A de scription of the potential m o 11ito ri11 g a nd otlt e r a.\·sess m ellf af/ll ew1luatio11 effort.\· tit at will or may be imple111e 11ted --Fina l Mo nit o rin g Plan Rev iew & Update: Si te Eva luat ion Repo rt, Sampli ng t o 111011itor, asses.\·, or eva l uate !h e effect i1 •e11 es.,· <~f tlt e udditioual BA1P.,·. and An a lys is Plan, Q ua lit y Assurance Proj ec t Plan Appe nd ix 6 355 WQIFMP S upport of NPO E S Stor1nwa te r Permit Require1nents (8 /1/13 -7/31 /18) P ermit Se ction I WQFMP Component/Tas k/Activity Requirem e nt SS -Sto rmwater Man a gement Program for Cities 1 Towns1 a nd Co unties S5 .A.5 .b . -Int e rd e part mental Coo rdi nati o n The SWMP s hall includ e coord i11 a tio11 111 eclta11i sm s a111 0 11g dep artmen ts wit/tin e a c h juris diction to eliminate barrie r.\· t o Pro vi de s g ua lifying rai n ev e nt a lert s to Eng in eer ing an d O&M co111 plia 11 ce with the terms of t his p ermit. --Weath er Sta ti on Ma int e nance and Download s Pro vid es data to oba in grant fund ing fo r water gu ali t:i -b ased ca git a l improve me nt --(see S4.A a bov e) S5.C. I -Publi c Ed uca ti on and Outr eac h Th e [Stormwater Management Prog ram} s hall include an ed u ca tion a nd outrea ch progrnm d esign ed t o redu ce or --Dat a Ana lys is and Report ing (State of the Is la nd's Wate r.~) eli111in ate beh aviors and practices tlt a t cause or contribute to a d ve rse sto nmvater impac ts a nd en courage th e public to --Wa ter Qu a lity Mo nitorin g Dem o Day p a rticip a t e in stewa n ls ltip a ctivities . --Pub lic Work s Week S5.C. J .b --Vo lunt eer Tra inin g and Coord inat io n (i ncl udes Ba inbr idge Is land Wate rs hed Each p ermillee s h all create s tewards/tip oppo rtunities a n d/or partner witlt exis ting o rg a11i za tio11 s to en courage res idents Co un c il, Ba in bridge Schools, etc.) to p a rticipate in a ctiviti es s u ch as s trea m t e a 111s, sto r111 dra in marking, vo l unteer 111o nito ri11g, riparia n p lantings and --Use of vo lunt eers to supp ort stre am moni tor in g and da ta a ss ess men t education a ctivitie.\'. S5.C.3 -Il lic it Disc harge De tect io n and Elimi nat ion The [Sto rmwater Ma nagement Program} shall include an ongoing program designed to prevent, detect, characteri ze, Ide ntifie s il licit di sc harge s and con nect ions trace a nd eliminate illic it co nnectio ns and illicit discharges into the MS4 . --(see S4./\ above) S5 .C.3.c. --(se e S4 .A above ) Each Perm illee shall implem ent an o ngoing prog rn111 d es ig n ed to d et ect and identify nO Jl-.'it onmva ter dis charges am/ illicit co nnectio n s int o the Permillee 's MS4. The program shall include ... S5.C.3.c.i --(see S4.A above) All Permillees .... s hall co111plet e field screening for at least 40% of t h e MS4 11 0 later t lw 11 Decemb er 3 1, 2017, am/ 011 a verage 12 % each yea r th ereafter . S5 .C.3 .d .i. --(se e S4.A abo ve ) Pro cedures.for ch aracteriz ing t he n a ture of, and potential public or environmental threat posed by, any illicit discharges f o und by or reported to th e Permill e. S5 .C.3.d.i.i. --(see S4 .A ab o ve) Procedures.fo r tracing the s ource of a n illicit discharge ... S5.C .3.f -Record Keeping R ec ordkee ping: Perm illees shall trac k a nd maintain recor d\· of the activities conduct ed to 111eet the require111ent s of this --WQFMP and Fl ow lin k Da taba se Up lo ad & Ma nag eme nt se ct io n . S5.C.5 -Po llu ti on Prev enti on and Opera ti on and Ma in te nance for Mun ic ip a l Op erati ons S5.C.5.c -O&M Stormwa ter Fac ility Ins pecti o ns Spot checks of p o tentia lly dam aged permanent storm water treatment and/low control BMPs((acilities after majo r storm Prov ide s quali fy in g ra in eve nt a lerts events (24 /t o ur storm event with a I 0 y ear or g reat er recu r re n ce inter va l) . --Weat her Stat ion Ma int enance a nd Down loa ds A ppe nd ix 6 356 WQFMP Support of NPDES Stor111water Permit Req uire1nents (8/1/13 -7 /31 /18) Permit Sectio n I WQFMP Com pon ent/Task/Activity Requirement S7 -Co m pli a nce wit h Total Max imum Daill'. Load Reg u irem ents S7.A. --Fi nal Mo nit o rin g Pla n Review & Upda te : Site Eva luatio n Report . Samp ling For applicable TMDLs listed i11 A ppendix 2, f~[fected P en11ittees shall co mp~I ' with th e .\pecific requirem ents identified i11 and Ana lys is Pl an, Quality As s urance Proj ec t Pl a n Appen dix 2. Each Permittee s h all /ceep records<~{ all actions required by thi.\' Permit that are relewmt to applicable --WQFMP a nd Flow link Database Uploa d & Manage men t 1MDfa within t h eir j11risdictio11 . 711e stat us of the TMDL implementation shall be included as part ofthe annual report submill ed to Ecology. Each (1111111(11 report sh(f/I include a s11111111WJ' <~(relevant SWMP and Appendix 2 activities conducted in the TMDL area to address the applicable 7MDL parameter(~). S7.C. Cond ucts anv rea uir ed monitor ing and inform s TMDL deve loo ment For TMDLs that are approved by EPA after this Permit is issued, Ecology may establish TMDL related permit --(see S4.A above) requirements through ji1t11re permit mod{/ication ((Ecology determines implementation <~factions, m onitoring or rep orting necessmJ1 to demonstmte reasonable ji11·ther progre ss toward achieving TMDL waste load alloca tions, and other targets, ar e not occurring and shall be implemented during the term ~{this Permit or when this Permit is reiss ued. Permittees are e11co11raged to participate i11 d e11e lop111 e11 t of TM Dls within their jurisdiction and to begin i111ple111 e11tatio11. S8 -Mo nitorin g a nd Assessmen t Co nducts any reg u ired mon itoring Regional Storm water Mon itor ing Prog ram (RSMP) -NOTE: Pay in option selected hy Co un dl NoYC mb c r 6, 20 13, in --(see S4.A above) lieu of meetin g thi s req ui r e me n t t h ro ugh in-h ouse monitoring. S9 -Rc uorting Rcguircmcn ts S9.A Reg ort s on required moni toring or studie s Nu later than Marc:h 31 ~(each year beginning in 2015, each Permillee shall submit an annual report. --Data Ana lys is and Rep ort in g G9 -Moni torin g G9.A. -Rep resenta ti ve Sa mplin g Samples and measurements taken to meet the requirements of this Permit shall be representath•e of the volume and nature --Final Monit o ring Plan Review & Update : Site Eva lu ation Rep o rt , Samp lin g of the monitored discharge, including representative sampling of any unusual discharge or discharg e co ndition, including and Analy s is Plan, Qua lit y Ass urance Project Pl an bypasses, upsets, and maintenance-related conditions c{[(ecting effluent quality. G9.B. -Reco rd s Re tenti on The Permillee shall retain records(~( all m onitoring information, including all calibration and maintenance records and all --WQFMP and Flow link Dat abase Upload & Management original recordings.for continuous monitoring instrumentation , copies of all reports required by this Permit, and re cords of --Fie ld Ope rat ions Manual -SOP Upda tes all data used to complete the applicationjor this permit ... --Equi pm e nt Inventory/Maintenance Append ix 6 357 Appendix 7: Figure 1. Water Quality and Flow Monitoring Program Staffing (FTE) Program Development and Pilot Study Program Implementation Targete d S torm Event S ampling Targe ted S torm E ve nt S ampl ing Programmatic Activities Sedim e!J t S ampling Weather Station Install O&M Rain Gage /11sta/l Sediment S11111p /in .~ A uto S tatio n S etue A uto S tation D em o b A uto S t atio n R em o b and /11112..ro ve m ents ' / S tatus and Tr ends Monitoring S tatus and Trends Mo nitorin g ' / Ro utine A uto S tation 1llainte 11a11 ce and Dml'll loatl.\· ---~ Program Year 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 (Budget ) Pro g ram Manage r I 0 .5 0 0 .50 0 .50 0 .50 0 .7 4 0.65 0 .69 0.83 0.7 9 0.88 En gin ee rin g Tech 1 ---------0.55 0.25 0.05 2 0 .05 2 0.02 2 ------ Interns (Summer month s onl y)1 ------0 .15 0 .15 ------------0.0 1 0.0 12 Vo luntee rs (s ince Au gus t, 2011 ) ------------------0.05 0 .05 0.19 0.19 Cons ultants 3 0.15 0 .30 0 .50 0.80 0 .10 0 .21 0.37 0 .23 0.28 0 .3 3 Total 0.65 0.80 1.15 2.00 1.09 0.86 1.11 1.11 1.27 1.40 Staff 0.50 0.50 0.65 I 1.20 0.99 ,, 0.65 0.69 0.83 0.80 0.88 NOT ES: I. St a ff Hour s -Sta ff hour s are not tracke d to th e program leve l. Th ere for e, FT E's are esti mated ba se d upon yea rl y wo rkp la ns and average tim e take n to com plete tasks. 2. St a ff Hours -Grant -fund ed; not a program ex pense. 3. Cons ult ant Hours -Yea rs 2005 -200 9 co nsultant hours estimated base d upon hou rs per task as bi d and negot iate d under PSA ; years 20I0-201 3 co nsulta nt hours calc ul ated from ac tua l hou rs in vo iced; 20 14 ho urs est imated base d upon pro posed wo rkpla ns . 358 Appendix 7: Figu re 2. Water Quality and Flow Monitoring Program Funding Sources (not including staffing) PrOf!r am Development and P ilot Study P r ogr am Impl ementation Targeted Sto rm Event Sam [!ling Targeted Storm H1 •ent Sam[!lin g Programmatic S edim ent St111111li11,i.: Weather Station Install O&M R ain Gage /11 stall S edim ent St111111/i11~ Activities A uto S tation Seti/{! A uto S tatio n D em ob A uto St atio n R em o b and lm[!r ovem en ts --7 S tatus and Trends (Grab S am11.li11 gl .lt/011ito ri11 g S tatus and Trends (Grab St1111[!/i11 gl .\1011ito ri11 g ' --, Ro11 t i 11 e l 1110 S1atio11 .\/ainte1u111ce an d /)oll'l//ot11/., --------;> Fund 2005 2006 2007 2008 2009 2010 2011 20 12 2013 2014 (Estimated) T otal Water --------41 ,012.06 18 1,508.90 25, 135.73 1,868.88 ......... ------------249,525.57 SSWM 14 ,544.47 -6,026.55 62,08 3.16 -48 ,54 1.6 7 ----68,064 .03 116 ,82 1.68 89,460 .00 119,560.44 13 8,059.56 554,025.12 T o tal 14 ,54 4.47 -6,026.55 103 ,095.22 13 2,967 .23 25, 135.73 69,93 2 .9 1 116,82 1.68 89,460.00 11 9,560.44 138,059.56 IN Vi'tS: I. Nega ti ve num be rs repre se nt grant revenue and/o r yea rs where gran t revenu e exceede d ex pe nditure . 2. Thi s tabl e does not incl ude oth er finance and acco un tin g revenue or expenses s uch as tax es. Pl ease consult the City's Fi nance Departm ent fo r those part icu lars. 3. Year 2014 is estim ated base d upon anti cipated tasks or bud ge ts se t und er current pro foss ional se rvi ces agree men ts. 359 1.1 \ ,M,'' ~ l (f \ AFTER RECORDING, PLEASE RETURN TO: City of Bainbridge Island Attn: City Administrator 280 Madison Avenue North Bainbridge Island, Washington 98110 BAINBRIDGE ISLAND CITY OF 200907010141 Agreement Reo Fee· $ GS 00 07/01/2009 01:46 PM . ~Hil1lili11liliill/1nfrfl'Rii1illiirfl~ffl111i11i1l1iID11111~IHHI11ii1iii0 , 1 0 ' 14 2009 INTERLOCAL AGREEMENT Between City of Bainbridge lsland and Kitsap Conservation District AN INTERLOCAL AGREEMENT (THlS "AGREEMENT") BETWEEN THE CITY OF BAINBRIDGE ISLAND (HEREINAFTER REFERRED TO AS THE "CITY") AND THE KITSAP CONSERVATION DISTRICT (HEREINAFTER REFERRED TO AS THE "DISTRICr>') WHEREAS, the City Council budgeted funds in 2009 for services from the District to agricultural and other private landowners; · WHEREAS, the District has the expertise to provide assistance to agricultural and non- agricultural property owne1·s on land management activities and their impacts on water quality; WHEREAS, the City and the District desire to enter into an agreement to provide for the information and services to property owners that will protect water quality; and WHEREAS, the Interlocal Cooperation Act, RCW 39.34, futther authorizes the parties hereto to enter into this agreement; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and the District agree as follows: 1. SERVICES BY DISTRICT The District shall perform such duties and seivices as are listed on the Scope of Work -Exhibit A, attached hereto, and made a part hereof by reference. Said services shall be performed in accordance with the approved scope of work and budget specified in Exhibit A. All services funded under this Agreement shall be provided exclusively within the boundaries of incorporated City of Bainbridge Island. The District shall furnish all services, labor and related equipment to conduct and complete the work, except as specifically noted otherwise in this Agreement. Page 1 Appendix 8 360 ... •• 2. PAYMENT The City shall reimburse the District only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Costs shall be charged and funds reimbursed based upon appropriate program elements combined and cost categories as defined in Exhibit A. The sum of the District's reimbursement requests during the duration of this Agreement shall not exceed $40,000 (the budget for all program elements combined, as identified in Exhibit A). The District may exceed line item amounts, as established in Exhibit A, within individual program elements in order to respond to the nature and number of requests received within a quarter. The anticipated (budgeted) and actual distribution of funds will be reported by the District quarterly and monitored by the City. Reimbursement requQSts shall not be made more frequently than once n month. The City reserves the right to withhold payments pending timely delivery of progress reports or docwnents as may be required under this Agreement. The City shall reimburse the District within sixty (60) days or receipt of a properly executed District invoice. 3. GENERAL ADMINISTRATION AND MANAGEMENT The Planning Director of the City, or designee, shall be the City1s representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement. The Chair of the Board of Supervisors for the Kitsap Conservation District, or his/her designee , shall represent the District in all matters pertaining to the services and materials to be rendered under this agreement; all requirements of the City pertaining to the services or materials to be rendered under this Agreement shall be coordinated through the District's representative. 4. PERMIT REPORTING The District shall produce quarterly and year-end reports summarizing the work performed and evaluating the performance and results of the work perfonned pertaining to this Agreement. Progress reports shall include, but are not limited to, the following information: a. A description of work performed during the period and progress made to date, including monitoring data or performance indicators that reflect effectiveness of the program elements as set forth in Exhibit A -Scope of Services. b. Status of annual work plan c. Description of any adverse conditions that have affected the program objectives and/or time scheduled, and actions taken to resolve these issues . Progress reports shall be submitted as follows: Quarterly reports are due the closest workday to July 15, and October 15; Year-end Report due January 15, 2009. The Year-end Report shall contain a summary of major accomplishments realized during the year. This report shall include, but not be limited to, photographs, slides, and any other graphics that would enhance the content and/or appearance of the report. Page2 Appendix 8 361 '. 5. PERt"'ORMANCE ANALYSIS The City shall complete an annual performance analysis evaluating the services provided under the Agreement for effectiveness and compJiance with the program elements set forth in the scope of work. This analysis will be submitted to the District Board of Supervisors and the City Council. 6. INSPECTION AND AUDIT The Distl'ict shall maintain all books, records, documents and other evidence pertaining to the costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such . books ·and ·records required to · be mai~tained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the District shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts and records where necessary to conduct or document an audit. The District shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial recOl'ds, the District shall provide the city with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy. 7. INDEPENDENT CONTRACTOR A. The District and the City understand and expressly agree that the District is an independent contractor in the performance of each and every part of this Agreement. The D.istrict expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The District, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The District shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. B. The District shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the District shall pay the same before it becomes due. C. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Oistrict performs hereunder. 8. DISCRIMINATION AND COMPLIANCE WITH LAWS A. The District agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national Page3 Ap pend ix 8 362 origin, marital status, sex, sexual orientation, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except. for a bona fide occupational qualification. B. The District shall comply with all federal, state and local laws and ordinances applicable to the work to be done under this Agreement. C. Violation of this Section 10 shall be a material breach of this Agreement and grounds fo r cancellation, termination or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City. 9. TERM AND TERMINATION OF AGREEMENT A. This Agreement shall become effective upon execution by both parties and shall continue in full force until December 31, 2009, unless sooner tel'minated by either party as provided below. B. This Agreement may he terminated by either party without cause upon thirty (30) days' written notice to the other party . In the event of termination, all finished or unfinished documents, reports, or other material or work of the District pursuant to this Agreement shall be submitted to the City, and the District shall be entitled to just and equitable compensation as set forth in Section 2 for any satisfactory work/services completed prior to the date of termination. 10. HOLD HARMLESS AND INDEMNIFICATION A. The District agrees to protect, defend, indemnify, and hold harmles s the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) caused by or occurring by reason of any negligent act, error and/or omission of the District, its officers, employees, and/or agents, arising out of or in connection with the performance or non -perfol'mance of the services, duties, and obligations required of the District under this Agreement. B. In the event that the District and the City are both negligent, then the District's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorneys' fees and disburseqients) that can be apportioned to the District, its officers, employees and agents. C. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the immunity of the District under Washington's Industrial Insurance Act, RCW Title 51, as respects the other parties only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by th e employees of the District. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. D. The City 's inspection or acceptance of any of the District's wo rk when completed shall not be grounds to avoid any of these covenants of ind emnification. Page4 App e ndi x 8 363 ". E. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. F. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 11. INSURANCE The District shall maintain insurance as follpws: [X] Commercial General Liability as described in Attachment B. [ ] Professional Liability as described in Attachment B. [X] Automobile Liability as described in Attachment B. [ ] None. The District shall comply with the provisions of RCW Title 51, Industrial Insurance. For the duration of this Agreement, the District shall provide or purchase industrial insurance coverage for its employees, as may be required of an "employer" as defined in RCW Title 51, and shall maintain full compliance with RCW Title 51. 12. SUBLETTING OR ASSIGNING CONTRACT The District shall not assign or subcontract any portion of the services provided within the terms of this Agreement without obtaining prior written approval from the City. In the event that such prior written consent to an assignment is granted, then the assignee shwl asswne all duties, obligations, and liabilities of the District as stated herein. 13. EXTENT OF AGREEMENT/MODIFICATION This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended , modified or added to only by written instrument properly signed by both parties. 14. SEVERABILITY A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. B. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision . Page 5 App e ndi x 8 364 lS. FAIR MEANING The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties. 16. NON-WAIVER A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance -of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances~ shltll not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 17. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand- delivered to the parties at their addresses as follows: To the City: City of Bainbridge Island To the District: 280 Madison A venue North Bainbridge Island, WA 98110 Attention: Planning Director Phone: 206-842-2552 Kitsap Conservation Distr ict P0Box2472 Silverdale, WA 98383 Attention: Chair of the Board of Supervisors Phone: (36Q) 337-7171 Fax : (360) 337-7172 or to such addresses as the pait_ies may hereat\er designate in writing . Notices ·and/or ~emands shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above. 18. SURVIVAL Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 19. GOVERNING LAW This Ag1·eement shall be governed by and construed in accordance with the laws of the State of Washington. Page 6 Appendi x 8 365 ' . 20. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington . 21. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shalJ be deemed an original, but all of which shall constitute one and the same Agreement. 22. FILING WITH COUNTY AUDITOR A copy of this Agreement shall be filed with the Kitsap County Auditor's Office pursuant to RCW 39.34 .040. EXECUTED THIS ~ 7 DAY OF KITSAP CONSERVATION DISTRICT Chair, Board of Supervisors Date: __ 'f_-_._.:tt!J_~_o_?.._ ____ _ ATTEST: Rosalind D. Lassoff, CC City Clerk Page 7 Date: Appendix 8 366 '• . EXHIBIT A SCOPE OF WORK SEE ATTACHMENT Page 8 Appendix 8 367 . . ... ATTACHMENTB Insurance against claims for injuries to persons or damage to property arising out of or in connection with the performance of this Agreement by the District, its officers, employees and agents: A. Automobile Liability Insurance with limits no less that $1,000,000.00 combined single limit per accident for bodily injury and property damage. B. Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit p~r occur.rence apd $2,000,000 .00 aggregate for personal injury, bodily injury and property damage . Coverage shall include, but not be limited to blanket contractual; products/completed operations; broad form property damage ; explosion, collapse and underground (XCU) if applicable; and employer's liability. Before commencing work and services, the District shall provide to the person identified in Section 17 of the Agreement a Certificate of Insurance evidencing the required insurance. City reserves the right to request and receive a certified copy of all required insurance policies . Any payment of deductible or self-insured retention shall be the sole responsibility of the District. City shall be named as an additional insured on the Commercial General Liability Insurance Policy, with regard to work and services performed by or on behalf of the District, and a copy of the endorsement naming City as an additional insured shall be attached to the Certificate of Insurance. The insurance policies (1) shall state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (2) shall be primary insurance with regard to City; and (3) shall state that City will be given at least 30 days' prior written notice of any cancellation, suspension or material change in coverage. Page9 Appendix 8 368 ., . . Kitsap Conservation Dlstrlct 2009 B. I. Scope of Work & Budget Attachment A KITSAP CONSERVATION DISTRICT 2009 City ofBatnbridge Island SCOPE OF WORK J. REFERRAL RESPONS§ ELEMENT Goal: • Respond to and address water quality and fish &: wildlife related referra ls from the City, state and loca l agencies. Objectivea and Tasks : Objective 1: Rel!l'lond to referrals . Task l. Respond to referrals from the City of Bainbridge Island . These r equests may be generated from conditional use permits and building permit processes that require farm plans and/or livesto ck waste management plans because the sites may impact sensitive land areas or from grading permits associated with farming activit y or storm water issues for fi sh passage and ba rrier problems on priva te land. Task 2. Respond to referrals from the Planning Division to assist with reviews of Retail Pl ans under the category Agri cultural Activi ty when I) Uvestock are raised and/o r maintained on the property, 2) Livesto ck waste Is being utilized on property as a soil amendment, and 3) add itional assurance for surface water protection arc necessary for year round agricultural activities. Task 3. Respond to water quality and solid waste complaints referred to the District by the Kitsap County Health District. These may come to the District as water quality complai nts or as a solid waste enforcement action associated with agricu ltural activity. JI . EDUCATION ELEMENT Goal : • Promote public knowledge of local natural resource and fish habit at iss ues . Objectives and Task: Obj ective 1: Maint ain a Conservation Qistrl,£t p\Jblic relations program. Task l. Maintain effective working relationships with local medi a and community groups on Ba inbridge Island. Submit articles to Island med ta involving local conservation issues and actions being t aken by the District. Participate in selected Bainbridge Isla nd public events Task 2. Maintain a mailing list of Bainbri dge landowners interested in agr iculture, natural resource conservation practices and fish &: wHdUfe habitat. Publish and distribute the District's newsletters to Island residents that are on the mailing list. Objecttve 2: Maintain a Conservf!~on Di strict agricultural and natural rt;soyrce educational L?rogram . 1 Append ix 8 369 " .. . . Kitsap Conservation District 2009 8.1. Scope of Work & Budget Task 1. The Kitsap Conservation District will maintain a program offering District speakers,. sponsoring special interest events and accepting lnVitations to make community presentations. The District will coordinate the development and maintenance of this program with the City of Bainbridge Island, KCHD, WSU Coopcrntlve Extension and other existing educational programs. Ill. INVENTORY ELEMENT Goal : • Addre8s non -point pollution caused by Inadequate agricultural management practices. Objectives and Taslcs: Objective l; Identify. J?fioritlze and map agriculturally rdated pr911erw within th$ Cicy of Batnl;!rigi~l@nd. Task 1. Update the existing inventory of agricultural properties annually. Task 2. As part of the inventory process, Conservation District staff prioritizes inventoried sites based on their potential to pollute. Ctiteria include livestock proximity to surface water, livestock waste management, pasture condition and other visl.lal assessments. The Conservation District will follow up with technical assistance services based on the prioritization. The District's priority list will be re-evaluated annually. Task 3. Inventoried and prioritized properties will be entered into a GIS database related to the parcel's tax identlflcatlon number . The data base entries will be updated annually. The District will produce a GIS map, updated as necessary . Task 4. The District will provide an overlay of agricultural properties as well as fish barrier sites on a habitat refugia map based on the Kitsap County Fish Habitat Refugia Study. 1y. RESOURQe MANAGEMENT PLA!'f DEVELOPMENT Goals: • Protect surface water bodies from potential sources of contamination caused by agricultural-related land use. • Promote cooperative solutions with landowners. Objectives and Tasks: Oblective l: Pro\'.ide techntcaJ.~U2.lfilldo;wners within the City Qf Bfilnbri~ge Island . Task 1. Offer farm -planning services that inventory existing conditions, evaluate resource needs and recommend alternative farm management practices that protect the quality of soil, water, animals, plants and air. Task 2. Encourage and offer assistance with the preservation and enhancement of fish and wlldlife habitat as part of the District's technical services. The District will stay apprised of Clean Wntcr Act and Endangered Species Act regulations, threats and associated action recommendations that may affect Island residents. Task 3. Provide nutrient management plans for crop fanns when 1) livestock waste is utilized for nutrient application purposes, 2) livestock waste is generated or transported to a crop farm and will be stored and/or composted on site for late r land application, and 3) an opportunity to demonstrate or model to the public for educaton purposes the storage and utilization of livestock waste as a component of sustainable agricultural land use. Objective 2: Facilitate federal, state and local tucentlve programs . V I 2 Appendix 8 370 (I • • Kitsap Conservation District 2009 B. I. Scope of Work & Budget Task I. As directed by the Clean W.ater Act, End~ngered Species Act and Fa rm BUI, the District will facUitate all programs and coordinate effort8 With the Fili1ri Services Agency (FSA), the Natural Resources . Conservation Service (NRCS) and the US Fish &: Wildlife Service; state agencies tncludtng the Conservation Commission, Department of Ecology, Department of Fish est Wildlife and the Puget Sound Action Team . Task 2. The District will assist landowners with the application process for eUgtble Incentive nnd cost· share programs . These programs may include land that is in agricultural use or land that emphasizes fish and wildlife habitat issues . Y, DESIGN ELEMENT Goal: • Provide agronomic and .engineerlng .de11ign services that suppqrt natural resource protection in City wa.tersheds . · · Objectives and Tasks: Objectlye J: Proyide destiros for Best Man@M~nt PractfH§ (BMPs) ~ha~ me~t USDA ~gtural Resources Conservation Service standards and S};l~ciflcatlon~. Task I. Deliver a completed design package to landowners with appropriate construction and materia l specifications included . Staff will maintain a direct presence with construction, project coordination and Implementation. Objective 2: Seek out or develop !\)tgnative cost-effective BMPs that are suitable to a §peclfic site's needs and landowner's financial needs. Ta.sk I. When existJng NRCS standards and specifications are beyond the scope of a particular proje ct site, staff will seek and/or develop alternative designs. On a site-specific basis, the District will utilize alternative design providers and coordinate design efforts with City and local consulting engineers. VI. BMP INSTALLATION ELEMENT Goal: • Improve water quality and fish&: wildlife habitat tn Bainbridge Island watersheds by facilitating and assisti ng with the Implementation of BMPs. Objectives and Tasks: Oblectlve 1: provide technical services to cooperators for implementation of farm management prai;tices and habit enhancement efforts. ' Task 1. Assist cooperating landowners with supplies and materials lists for imp lementation of practices and provide on -site project management to oversee installation. Task 2. Process cost-share reimbursement or other incentive program components . OhJectiye 2: Offer contracted anQ/or volunteer labor forces for Implementation of BMPs . Task I. Whenever funding is available, contract annually for work crews with the Department of Ecology's Washington Conservation Corp (WCC) for City of Bainbridge Island . Offer WCC crews to District and partner agency project sites on Bainbridge Island . Appendix 8 3 371 ,, . . ' Kitsap Conservation District 2009 B. I. Scope of Work & Budget Task 2. Coordinate volunteer labor for the implementation of planting projects with the City of Bainbridge Island's Stream Teum •. local schools, and community groups. . Ohlective 3: Coordinate with other agencies for Joint ~mplement,ation efforts. Task I. Seek partnerships with Washington Oepartment of Fish&'. Wildlife (WDFW), Regional Fisheries Enhancement groups, local tribes, and other local agencies and community groups to combine efforts for project implementation. yn. AGRICULTURAL BMP llSSPECTlON &: MAINTENANCE Goal: • Determine the operational effecti\feness of BMPs on water quality and habitat within the City Of Bainbridge Island. Objectives and Tasks: Objective l: Monitor the operation ang maintenanc~ ,of BMfs installed. Task I. Evaluate individual farm and habitat BMPs for operation efficiency and ease of maintenance. Provide follow-up assistance to landowners. Encourage landowners to maintain and monitor farm and habitat BMPs for maximum efficiency and meet landowner needs for solutions to maintenance problems. Oblective i: Demonstrate BMPs to other asentjes. ifOUps or individuals. Task 1. Use projects as demonstration sites for other potential cooperators or agencies. Appendix 8 4 372 A " ~ •• Kitsap dOneervatlon District 2009 B. I. Scope of Work & Budget Pro!l;ram Element Total Referral Response Education Inventory Plannin~ Installation I Oesi~n Mon itoring lnalell allon I Dealgn . 25% $ $ $ $ $ $ $ $ Kitsap Conservation District 2009 Scope of Work and Budget for City of Bainbridge Island Proposed Budaet 40.000.00 1000.00 3000.00 400.00 . 25.300.QO 9.900.00 400 .00 40,000.00 Percent of Bud2Ct 100% 2.5% . 7.5% 1.0% " 63 .2 5% 24.75% 1.0% 2009 Bainbridge Island ILA Budget Oletrlbutlon Montlorlng .1% 5 Roforrel Re1pon1e 3% lnventoiy 1% App endix 8 373 ORDINANCE NO. 2012-16 AN ORDINANCE of the C it y of Bainbridge Is land , Washington , re lat ing to storm a nd s urfa ce wa ter manageme nt ; amending Sec ti ons 13.24.089 and 13.24.090; a nd add in g two new sectio ns to Chapte r 13.24 of th e Bainbridge Is land Municipal Code (BIMC), adopting st orm and surface water management fees fo r c ity s tr ee ts and road s, state highway right-of-way, and private road s, and providing for an effec ti ve dat e in co nform anc e with the Kit sa p Cou nty Superior Court Ord e r of Feb ru ary 29, 20 12 in Bainbridge Rat ep ayers Alliance v. City o.f Bainbridge Island, Kit sa p Cou nty Super io r Court Cause No. 10-2 -006 38-1. WHEREAS, Chapte r 35.67 RCW provides that c iti es are aut hori ze d to esta bli sh storm water ("storm sewer") utilitie s; and WHEREAS, th e C it y of Bainbridge Is land ("City") has had a Storm and S urfa ce Water Management (formerly "Storm Drain ") utility si n ce 198 7; and WHEREAS , in 2007, th e Ci ty Council adop ted Ordinance No. 2007-39 which ame nd ed BIM C 13 .24.089 to change th e fee cha rged to C ity -owned ri gh t-of-way from 30% to I 00% of the fee provided in BIM C 13.24.080, effective Jan uary 1, 2008; and WHEREAS, in 20 I 0, th e City Co un ci l determined that th e fee stru cture ame ndm ent to BIMC 13.24.089 adop ted in Ordinance No. 2007 -39 wa s ba se d on e rron eo us financi al in fo rm a ti on; and WHEREAS, in re s pon se to th at determin ation , th e City Counc il adopted Ordin ance No. 20 10-34 which c han ged bac k th e fee cha rged to City-owned ri ght -of-way in BIMC 13.24.089 from I 00% to 30% bo th pro spect ively and retroactively ; and WHEREAS, Ordinance No. 2 010-34 refere nced RCW 90.03.525 as providing th at th e s torm and s ur face wa ter utilit y fee charged by th e C it y to state highway ri ght-of-way s hall be 30% of the ge nera l C ity rate; and WHEREAS, Ord inan ce No. 20 I 0-34 furth er found th at th e C ity , prior to th e effec ti ve date of Ordinance No. 2007-39, cha rged th e sa me 30% s to rm and sur face wa ter utility rate to th e City roads as to th e s tat e hi ghway ri ght-of-way; and WHEUEAS, Ordinance No. 2 0 I 0-34 also found that both th e C it y road s and th e s tate hi g hways provid e infra s tructure to convey storm wa ter such that reduced rate s are warranted ; and WHEREAS , on Marc h 9 , 2011 , the Bainbr idge Ra te pa ye rs Alli ance ("Ra tepay ers A llian ce") fil ed it s fir st amended comp laint in Kitsap County Supe rior Co urt , all eging in it s twelfth cau se or ac ti on th at in adopt in g O rdin ance No . 20 I 0-3 4 , the Cit y bad retro act ive ly e nacted sto rm and s urface wa ter management rate s fo r cit y road s w ith out any s upporting Appendix 9 374 documentation th e reby un fa irl y burdening other rate paye rs. Bainhridge Ratepayers Alliance v. C ity of' Bainbridge Is land, Kit sa p Co unty Supe ri or Co urt No. I 0-2-00683 -1 ; and WHEREAS , both th e Ratepayers All iance and th e City moved for s ummary judgment on the iss ue of th e va lidity of the s torm and s urfa ce wa ter management rates es tabli shed by O rdinan ce No. 20 I 0-34; and WHEREAS, Pres idin g Judge Rus se ll Hartmann of Kitsap Co unt y Super ior Cou rt hea rd oral argument on cross moti ons for s ummary judg me nt on the iss ue of sto rm and s ur face water management rates on May 27, 20 11 ; and WHEREAS, the Co urt iss ued it s orai rulin g on July 22, 20 l I, gra nting the Ra tepayers Alliance motio n for s umm ary judgment on th e twe lfth ca use of act ion, ru ling that th e re tro active adoption of storm and surface water ma na ge ment ra tes of 30% in Ordinance No. 20 I 0-34 was arbitrary and cap ri c ious becau se it was base d on a s ta tut e (RCW 90.03 .525) re lated onl y to state roads; th e re was no equivalent ev id ence refl ec tin g the C ity 's in vestme nt in it s roads; and WHEREAS, th e Court en tered an o rder forma ll y gran ting summary judgment to the Ratepaye rs Al lian ce on th e iss ue of sto rm and s urfa ce wate r manageme nt fees o n Septembe r I, 2 01 I , fol lo win g whi ch the Ratepaye rs Alliance fi led a n additi onal motion ask ing the Court to establish a remedy and to order pay ment of attorney fees to the Ratepayers A llian ce; and WHEREAS, the Co urt first hea rd argum e nt on th e iss ue of a remedy and attorney fees on Decemb er 9, 20 11 , after whi ch the Court directed further briefin g, and th en heard addi ti onal arg um ent on February 24, 20 12; and WHEREAS, imm ed ia te ly fo ll ow in g oral a rgu ment on February 24, 2012, th e Co ur t iss ued it s ora l ruling that th e C ity ha s the authority to enac t a ord inance se tti ng s torm an d sur face water management fees to C ity roads retroactiv e to th e effec tiv e date of th e sto rm and s ur face water rate s es tab li s hed by Ordinance No. 2007-39, and that the Ratepayers Alli ance is not entitled to attorney fees; and WHEREAS, th e Co urt entered its forma l o rd er estab li shin g a remedy, denyi ng atto rn ey fees and en terin g a partial final judgment on Feb ru ary 29, 20 12, in wh ich the Ci ty was granted a period o f nin e month s from th a t date for th e Cit y's leg is la ti ve auth o rit y to enac t new sto rm a nd surface wa ter fees app li cab le to C it y ri ght-of-way, retroactive to th e January I , 2008 effective date of the s to rm and s urfa ce water rates estab li shed by O rdinance No. 2007-39; and WHEREAS, th e Co urt on its ow n initi at ive reverse d it s earl ier determina ti on and ord e red th at it s Feb ruary 29, 2 0 12 orde r on th e s to rm an d surfa ce wa te r issue was a final determ in ati on, s ubj ec t to imm ed ia te appea l purs uant to C ivil Rule 54(b ); and WHEREAS , neither th e Ratepayers Alli ance nor the City appea led the Court 's o rd e r w ithin th e 30-day appea l pe riod , so that the Cour t's Feb ru ary 29, 20 12 order became a fin a l dete rmin ati on no longer subj ec t to appeal; and 2 Appendix 9 375 WHER EAS . fol low in g exp ira tion of the 30-day ap peal period of the Cour t's February 29 orde r, the Ci ty o n Ap ril 3, 2 012 iss ued a request for proposa ls to pr ov ide the C ity with a stu dy by expe rt s in th e fi eld of s urfa ce water utiliti es , utility ra tes a nd road des ign of th e relati onship betwee n th e C it y str ee t sys tem a nd it s s to rm and s urface water manageme nt (SSWM) uti lity wit h the object ive or deve loping alt ern ative rate ap p roac hes th at equitab ly account for any offsetting co ntr ib ut ions of the st reet sys tem to the SSWM util it y; and WHEREAS , on May 9, 20 12, the C ity Co un ci I auth ori ze d a contract with FCS Gro up , in assoc ia ti on with Parametrix , to provide the City with consu lt ing se rvices on the iss ue of ap propriate stormwater fees to be charged to Ci ty s treets and roads; and WHER EAS, FCS Group had j ust provided co nsulting se rvices to the Wash in gto n State Legislature's Joint T ran spo rt at io n Comm iss ion on the iss ue of sto rm water cost recovery, and was experi enced in providing consu ltin g se rvices to a numerous communities in Washington fo r s tormwater utility formatio n and rate stud ies, and th e assoc iated engineer ing consulting firm , Parametri x, has had long ex perience in road des ign and stormwat er engineering ; and WHEREAS , in p repa rin g it s s torm and su rfa ce water mana ge ment st ree t rate ana lys is for the C ity , FCS Group structured its study to encompass three-fold obj ect ives as fo llo ws: and; I. Assess th e re lation ship between th e Ci ty 's stre et syste m a nd Sto rm and Surface Water Utili ty. Ana lyze value to the SSWM Pro gra m of the City's street syste m and oth er in -k ind se rvices that may red uce the cost of manag ing sto rm water from private and public property. 2. Deve lop eq uit a bl e rate alt e rn atives for Cit y s tr eets th at reflec t th e va lue of the street sys tem 's con tributi ons to th e SSWM Pro gra m. Eac h alt ernative is eva lu ated aga in st the requirement s tha t it be accurate, fair, clear, and supp orted by a leg itim a te ra ti o nale. The depths of eac h a nalys is depended on the ava ilab ility, acc uracy and leve l of de ta il of information availab le from the City. 3. Su rvey the approaches of other jurisd ictions in We stern Washington to the same iss ue. The survey co nt a in s res ult s fo r approx imat ely seve nt y-fiv e Phase I and Phase II NPDES permit ho lde rs. T he survey documents the approach each c ity takes in adm ini steri ng a s tormwate r c harge o n th eir streets . WHER EAS, FCS Group prese nt ed a s umm ary of it s conclus ions to a j oi nt wo rkshop of th e C it y Cou nci l and th e C ity's Ut ili ty Advisory Comm itt ee in th e Spec ial /Reg ul ar Meet in g of th e Cit y Cou nc il on Wedn esday, Au gust 8, 20 12, du rin g whi ch both Co uncil memb ers and Comm itt ee memb ers were provided th e oppo rtunit y to disc uss those co nclu sions an d as k qu esti ons of th e FCS Group a nd Param e tr ix st ud y team; and WHEREAS , FCS Gro u p submitted it s wr itt en repo rt entit led "City of Ba in br idge Is land Storm and S urfa ce Wate r Manageme nt S tr ee t Rate Po li cy Analys is Report of Findin gs" to the Cit y on Augus t 24. 20 12; and 3 A ppen di x 9 376 WHEREAS , the FCS Group study looked at s ix alternativ es lor adopting SSWM ra tes for the C ity's roads and th e rationale for each, summari zed as follows: I. Alternative: Charge Ci ty s treets full rate for all imp ervio us su rface s. Rationa le: Streets are an imperviou s sur face and should be charge d as s uch. 2. Altern ative: Exempt C ity street s from th e s torm water rate beca use they are a part of the storm wate r system. Ration a le: Streets are an int eg ral part o f the sto rm wate r conveyance sys tem and should be exempt. 3. Alternative: Reduce or exempt C ity s tr ee ts fr om sto rm wa ter rat e because of past cap it al in ves tm e nt. Rational e: Street fund cap ital in vestment in storm wate r infr ast ru cture an d facilities may offset so me or all SSWM charges to the Street Fu nd . 4. Alternative: Charge C ity s treet s a rate based on proportion of runoff managed from ot he r property. Rationale: Streets provide stormwater conveyance for bo th streets and other deve loped properties. 5. A lt ern ati ve: Charge C it y s tr ee ts a rate ba se d on the unall ocated va lu e of s to rmwater mainte nance provided by the Street Fund. Rati ona le: Sto rmwa ter system ma int enance provided by Stree t Fund may offset some or a ll SSWM cha rges to the Street Fund. 6. Alternative: Consider redefin in g the c har geab le area of C it y Street s. Rationa le: The equ iva lent resi dential unit (ERU) va lu e co uld th eo reti cally be defined to include a po rtion of the fr onting res id ential str ee t. and; WHEREAS, th e FCS Group study did no t reco mm end Alt ern at ive 5 as a va lid rate method becau se th e C it y already appropriately a ll oca tes the co st of stor m water system maintenance prov ided through the St ree t Fund to the SSWM uti lit y and follows th e state bud get and reportin g sys tem (BARS) in which a ll la bor , eq uipm ent , and mate ri a ls charges are reco rded against th e ir respec tiv e fund and ac tivit y acco unt ; no r did it rec ommend Al ternati ve 6 as a va li d ra te me th od because th e C ity's ERU defi niti on do es no t include a port ion of th e fronting s tr ee t and th e City 's data do es no t a ll ow a rea dy ana ly s is o f this a lt ernativ e; and WHEREAS , th e FCS Group study concl ud ed th at Alternative 1 (charging the stree ts I 00% of the imp erv iou s surface rate) was a va lid rate me th od bec au se streets , like rooftops or pa rkin g lot s, affec t the run off pattern th at ex isted prior to develop ment, and charging th e s tree ts wo uld be cons is ten t with charges to o ther deve lope d property; yet th e FCS Group stu dy id e ntifie s thi s alternative as th e leas t applicab le fo r th e Cit y, because City st reets clear ly prov ide an offse ttin g be nefit to the SSWM fu nd as part of th e co nv eya nce system and for the capital investment in the system; a nd th e s tud y a lso concluded th at Alternativ e 4 (c harging st ree ts based on th e proportion of the associa ted drainage infrastructure se rving th e road itself (3 1 %) versus th e proport ion se rv ing develo ped property (69%)) wo ul d be a va lid rat e method because it wo uld 4 Appendix 9 377 cred it str ee ts for th e co n veya nce ca pacit y ove r and above th at which th ey need for the str eets , yet th e FCS Gro up did no t reco mm end thi s alt ernati ve; and WHEREAS , t he FCS Grou p stud y, while co nclu d in g th a t Alternatives I and 4 we re both va lid . in s tea d recom mend ed th at th e City exe mpt the Ci ty street s fr o m th e s torm wa te r fee for e ith e r of two reaso ns se t for th in Alternative 2 (streets owned or opera ted by th e City are defin ed by th e federa l Na ti o na l Po llu t ion Di scharge Elimination System (N PD ES) permit en fo rced by th e Wa s hin g to n Sta te Department of Eco logy to be part of th e Cit y's Municipal Separa te Sto rm Sewe r Sys tem (MS4)), o r in Alternative 3 (the City is res pons ibl e for at leas t $27 million in assoc iated st orm wate r infra s tru cture in th e str eets serving deve loped pro per ty ove r and above what would be nee ded for just str ee t run off -valued at the City's undepreciated s torm wa ter assets); a nd WHEREAS , th e FCS Gro up stud y conc lud e d w ith th e rec ommendation: " ... Ba sed on th e finding th at Cit y str eets co uld be exempted from th e s torm wa ter rate for e ith er of two reaso ns in th e Ci ty of Bainbridge Is land -the fac t that th ey are part of th e co nveya nce sys tem and th e initi al ana lys is showing th at their investm ent in s tormwater facilities in th e ri ght -of-way co uld outweigh th ei r SSWM charges fo r a significant p eri od of tim e -we are most comfortab le advi s in g th e Cit y to exe mpt it s C it y stre ets from sto rm wa ter rates . Thi s reco mm end ati on is fur ther s upported by th e finding that e igh t y-five percent of our survey respo nd ent s exempt cit y s tree ts ... ; " a nd WHEREAS , FCS Group a nswered additi ona l writt en qu es ti ons dated Augus t 28 , 201 2 fr om th e Ut ility Adv iso r y Co mmittee in a follow -up memorandum from FCS Gro up da ted August3 1,201 2;and WHEREAS , at th e requ es t of th e Uti lit y Adv iso ry Com mitt ee, f CS Gro up and Parametri x rep rese nt ati ves made th emselves ava il ab le fo r a conference ca ll with the Co mmitt ee in th e afte rn oo n of Tues d ay, Septemb er 4, 20 12, and responded to ques t ions a nd co mm ent s fr om Com mitt ee members ; a nd WHEREAS , th e Ut ilit y Adviso r y Co mmittee fo ll owin g th at co nference ca ll co mpil ed a repo r t of co mm ent s on both th e FCS Gro up s tud y and th e Ci ty process th a t was s ubmitt ed to th e Ci ty Co un cil o n Se ptember 4, 20 12; and WHER EAS, the c hair of the Utilit y Adviso r y Co mmitt ee prese nt ed th at repo rt and pro vided add iti onal co mme nt s rega rdin g th e FCS Gro up stud y and th e issue of SSWM fees charge d to City road s to the Cit y Co un cil at it s Regul a r City Co un c il St udy Sess ion mee tin g o f Wednesday , Se pt e mbe r 5, 2012 ; an d WHER EAS , o th e r me mb e rs of th e Utilit y Advi so ry Com mittee and members of th e publi c a lso provided com ment s to th e C it y Coun c il regardi ng th e FCS Gro up study a nd the iss ue o f SS WM fees cha r ged to Cit y ro ads at th e Septe mb er 5, 20 12 St udy Sess i on ; and WHEREAS , in res ponse to the fCS Group stud y re port that 85% of th e cit ies sur veye d exe mp ted their s tr ee ts from stormwater c ha rges, the C it y Counc il asked th at FCS Gro up be 5 App e ndix 9 378 req uested to provid e n fo ll ow-up su rvey th ose juri sdiction s to determine , if' po ss ibl e , th e ra ti ona le emplo ye d by eac h of th e m to reac h th at re sult ; and WHEREAS , coun se l for th e Ra tepaye rs A lli ance wrote to th e City Co un cil on Se pt emb er 10 , 20 12, s tatin g that th e Ratepaye rs Alliance favor s Alt e rnati ve I (c har gi ng 100% o f the imp er vio us ra te) of th e a lt ern ativ es id en tifi ed by FCS Gro up; and WHEREAS , on September 12, 20 12, FCS Gro up s ubmitt ed a fol low-up sur vey of th e ra tion a le re li ed o n by tho se 85% of jurisdicti ons that exemp t c it y s tr ee ts from stormw ater char ges, to th e ex tent that that could be determi ned by FCS Gro up ; a nd WHEREAS, FCS Group reported th at some of th e juri sd icti ons, in c ludin g Arlington, Burlington , Kir k la nd , and Mill C reek, reported in for mall y th at th ey exemp ted their s tr ee ts fr om s to rm wa ter charges becau se tho se s tr ee ts are a par t of the ir respective s torm wa ter syste ms; and WHEREAS , FCS Gro up a lso determined th at a number of j uri sdic ti ons had se t fo 11h th e rationa le for exempt in g c it y s treets in th e ir municipal codes , in cludin g, fo r exa mpl e, the Cit y of Ba ttl e Gro und Municip al Code, Section 13.125 .050, whi c h provides in part: "The fo ll ow ing spec ia l categories of property are exempt fr om se rv ice c harges and s ystem deve lopment char ges: C ity st reet rights-of-way , a ll of which are a part of the sys te m pur sua nt to the plan;" and WHEREAS, th e C ity of Burien Muni c ipal Code, Sectio n 13. l 0 .3 40(9), provid es: "The city roads and s tate hi g hway programs provide s ubstantia l a nnu al programs fo r th e const ru ctio n and ma int enan ce of dra in age facilitie s, a nd th e roa d sys tems and th e ir ass ociat ed dra inage fac iliti es se rv e as an integral part o f th e s urfa ce a nd s torm wa ter mana ge ment sys tem . Cit y and sta te road drain age systems, unlik e th e drainage syste ms o n other propertie s, are cont inu a ll y bei ng up gra ded to in crease both co n veya nce capac it y and co ntrol. C it y road s a nd s ta te hi g hways shall not be charged a rate in recognition of th e benefit to th e sur face and sto rm water management se r vices provid ed by th e drainage facilit ies assoc iated with th e c it y ro ads and s tate highway program s; provid ed, th at th ose dra inag e faci liti es are con structed , opera ted, and maintained in accordance wi th thi s c hap ter."; a nd WHEREAS , th e C it y of Cov in gton Mun ici pal Code, Sec ti on 13.30.050(9), whi c h exe mpt s c it y st ree ts, provid es in part: "The C it y roads and S tate highw ay program s prov id ed subs tanti al annu al program s for th e co nstru cti o n and mainte nan ce of dra in age foci Ii ti es, and the roads sys tems and th e ir associated drainage fac iliti es se r ve as an integral part of th e s ur face and s tormwa ter man agemen t sys tem."; and WHEREAS , the C it y of Federa l Way Municipa l Co de , Sect ion 11.40 . l 00, wh ich exempts c it y str ee ts, prov ides in part:" ... the c it y and cou nt y road s and state hi g hway programs pro v id e s ub s tanti al an nu a l pro grams for the const ru c ti on a nd maint enance o f s torm drainage co ntrol fac iliti es, and the road s syste ms and th e ir assoc iated storm dra in age faci liti es se rve as a n integral pa rt of th e surfac e a nd storm wa te r management sys tem ... ";and WHEREAS , th e Cit y of Ke nmore Munic ipa l Code, Sect ion 13 .40.050(1), provides in part:" ... both the ci ty str ee ts an d stat e highway program s provid e s ub stant ial annu a l programs 6 Appendix 9 379 fo r the co nstru cti o n and ma inte nanc e of dra in age fa c iliti es, a nd the st ree ts systems a nd th eir assoc iat e d d rain age faciliti es se rve as an int eg ra l part of th e sur face and storm\.vate r man age men t sys te m ... ''; and WHEREAS , th e C it y of Lake f o res t Park Muni c ipal Code Sec ti on 13.16.0SO(J) states in pa rt :" ... th e c it y and co unty road s and s ta te hi g hway pro gram s prov id e substa nt ia l ann ual pr og ram s for th e co nstructi o n and ma int enanc e of storm drain age co nt rol fa ci Ii ties, a nd the ro ads s yste ms and th e ir ass ociate d storm draina ge faciliti es se rve as an int eg ral part of the surfa ce and s to rm water manage ment sys tem .... ";and WHEREAS, the foll ow-up surv ey from FC S Group was tra ns mitted to the C it y Co un ci l and to the Utilit y Advi sor y Committee th at d ay in advance of th e di sc ussi on of SS WM fees to C ity road s sch edul ed for the Reg ular City Council Bu s in es s Mee tin g o f Sep tem be r 12, 201 2; an d WHEREAS, during th e Regul a r Cit y Coun c il Bu s in ess Mee tin g o f Sep tembe r 12, 20 12, at which FCS Group and Pa rametrix represe ntative s we re prese nt to a nswer an y addi tio nal qu es ti ons , the C ity Coun c il di scu ss ed a nd de bated th e iss ue of the app ro pri ate SSWM char ges to be c ha rged to C ity road s in ac cord with th e Kit s ap County Su pe ri or Co urt ord er o f Fe bru a ry 29, 201 2;and WHEREAS, th e Council con sid ere d that FCS Group in its Repo rt off in d in gs co nclu de d th a t any on e o f four of th e s ix rate alt ern ativ es id e ntifi ed (Altern a ti ves 1-4) co uld be adopt ed as acc ura te, fa ir, cl ea r, and s upp ort ed by a leg itim a te rat io nal e ; an d WHEREAS, th e Coun c il also cons id ered th a t FCS Group in its Re port o f Findin gs co nc luded with a recomm e ndation that th e City e xempt City ro ads fr o m sto rm wate r c harges based o n e ith er th e ration a le o f Altern ati ve 2 (streets are de fin ed to be pa rt of the sto rm wa ter sys te m) or Alte rn a ti ve 3 (th e Cit y has made a s ub stanti a l ca pital inves tme nt in the sto rmwa ter sys tem se rvin g prop ert y deve lopm e nt over and ab ove th e runoff fr o m th e C ity st ree ts th emse lve s); and WHEREAS, th e Co un cil con s id ered th at, in the o ne o th er case apa rt fr om Bainbridge Ratep ayers A lliance v. City of Bainbridge Island, where pl a int iffs had cha ll enged a city's storm wat er ra tes to c ity ro ads, th e Supe ri o r Co urt and th e Co urt of Appea ls had uph eld th e va lidity of th e C it y of Ta co ma Municipal Co de Sec ti on (T MC 12.08.530 ) that exe mpts c it y stree ts from sto rm wa ter charges base d on a co mbin ati o n o f th e ra ti onale th at cit y streets are pa rt o f Tacoma's s torm wa ter sys tem and th at Taco ma had made substa ntia l ca pit a l in ves tme nt s in the storm wat er infras tru ctur e se rvin g d ev el oped propert y. Post v. C i ty o/Tacoma, (un publi shed o pini o n) 139 Wn . App. I 074 (2 007); and WHEREAS, th e Co un c il con sid ered th a t where p la inti ffs in a paralle l chall enge to a c it y 's inclu sion of ca pit a l in ves tm ent in it s wat er sys tem fo r purposes of calc ul a tin g a wa ter use r's equita bl e s ha re o f system co sts -where th e c it y had o bt ain ed at least par t of th at infras tru cture th ro ug h fe deral or s ta te grants or from infras tru ctur e in vest ment of deve lo pe rs - th e Was hin gton S upreme Co urt he ld th at th e in c lu s io n of o ut s id e fu nd in g in its asse t base was 7 Appendix 9 380 va lid , as th e Leg is latur e had not ex pli c itl y prohibit ed suc h inclu sion for c iti es. Landmark Develo pm ent, In c. v. City of Roy, 13 8 Wn.2 d 56 1 (1 999); and WHEREAS, th e Co un cil fur ther con s ide red th at th e emph as is by th e Kit sa p Co unt y Sup e ri or Co urt 's ora l rulin g of Jul y 22, 2 0 I I and by th e lett e r se nt o n be ha lf of th e Ra tepaye rs Alli a nce of Se pt emb e r 10 , 20 12, o n th e equ a l tr ea tm e nt of s to rmwat er cha rges for th e e qui va lent ca tegory ot'pri va te and publi c prop ert y required by RCW 35.67.025 and RC W 35 .92 .02 1 co mpe ls a renewe d rev iew of th e C it y's Muni cip a l Cod e to deter min e if pr ivat e ro ads a re be in g charge d th e same storm wat er ra tes as Cit y and state roa ds; and WHEREAS, it app ea rs that at lea st fr om th e Janu ary 1, 2 008 e ffec ti ve d ate of storm a nd sur face wa te r ra tes es tabli s hed by Ordin a nce No. 20 07-39, th e num ero us private ro ads ser vin g variou s group s of pro perti es on Ba in brid ge Is land have been exe mpt from any storm wa ter char ges, as there is no sub sect ion in th e co de es ta bli shin g any SSWM fees for pri va te ro ads, mu ch less fees equi va lent to BIM C 13 .24 .08 9 se ttin g stormw ater fees for c ity -ow ne d ri g ht-of- way or BJM C lJ .2 4.090 se ttin g storm wa te r fees fo r state hi gh way ri ght-of-way ; and WHEREAS , on the o ther ha nd , e ith er a publicly or priv ate ly owned ro ad th at is an adjun ct to a co mm erc ial deve lopm en t is charged a n equ a l co mm ercial sto rm wa ter fee und e r BIM C 13 .2 4 .080 , as s uch a ro ad is co ns id ered to be th e equi va lent of a dri veway int o the co mmerci a l deve lopm ent ; and WHEREAS, an exa mp le of suc h a publi cly owne d roa d that is a n ad junct to a pub li c co mm e rc ia l deve lop ment and charged a co mm erc ial stor mwa ter fee und e r B IMC 13.24.080 is NE He nshaw Pl ace adj ace nt to th e Bain brid ge Is lnn cl C ity Ha ll deve lo pme nt , and an exa mpl e of s uch a pri vate ly owned ro ad th at is a n ad junct to a pri va te com merc ial deve lopment and charged a co mm ercia l sto rm wa ter fee und er BIM C 13.24 .080 is Ma clron e Lane assoc iate d with th e Ro bert s LL C deve lop ment on Win slow Way; and WHE R E AS, whil e BIM C 13.24.090 pur por ts to req uir e c harges to sta te hi ghway ri ght- of-way at a ra te of 30% of th e fee pr ov ide d in BI MC 13 .24 .08 0, the Cit y has never co lle cted a ny such sto rm wa te r charges from the s tate due to th e s tatut ory ba rrie rs to co ll ecti o n embe dd ed in RCW 90 .0 3.525 (2); and WHERE AS , th e Co un c il a lso co ns ide red th at pri vate roads, s in ce at leas t 1997, have bee n req u ired to co nfo rm to th e sa me d es ign requireme nt s as p ubli c str ee ts (Sect ion 7.0 l of the Cit y of Bain brid ge Is land Des ign and Co ns tru ct ion S tand ard s and Spec ificat io ns, a dop ted b y Ordin a nce No . 199 7-23 ), and th e refo re in e ffec t, private roa ds now prov id e th e same co mpleme nt of sto rm wa te r bene fit s as C it y roa ds; and WHE R E AS , at the end of the C ity Co un cil di sc uss io n and deba te rega rdin g th e app ropri ate SS W M rat es to charge City roads the Co un cil vo ted 4-1 (2 me mb ers hav ing exc used abse nces ) to ad op t the reco mm end ati o ns o f th e FCS Gro up s lu <ly and lh e rati ona le of Altern a ti ve 2 and Alt ern a ti ve 3 in that s tud y and exem pt C it y ro ads fro m s tor mwa te r c ha rges re troac ti ve to the J anu ary l , 2008 e ffec ti ve date of O rdin ance No. 2007-39, in con fo rm an ce with th e Kit sa p 8 App e ndi x 9 381 Co unt y Su pe ri or Co urt Orde r of f e bru ary 29, 20 12 in JJ ain hridge Ratepayers All iance v. City ol Ba in bridge i sland ; and WHEREAS, be in g co gni zant o f th e requireme nt in RCW 35.67.025 and RC W 35.92 .0 2 1 for th e sa me storm wate r c har ges to be c har ge d t o th e sa me ca teg or y o f bo th pri vat e and publi c prop e rt y, th e C it y Coun c il al so vot ed to appl y th e sa me exe mpti o n to priv ate road s; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS : Section 1. The above recitals shall be cons id e red to be adopt ed b y and included as part of thi s Ordinanc e. Section 2. A ne w section is add ed to th e Bainbrid ge Is la nd Muni cipal Co de to rea d as foll o ws : 13.24.088 Methodology for street and road charges A. C ity ro ads a nd muni c ip a l s tr ee ts are de fin ed by th e c it y's NPD ES Pha se II permit to be a part of the city 's Muni c ipal Se parat e Storm Sewe r System and , in addition , th e cit y is res po ns ibl e for at leas t $27 milli o n in und eprec iated stormwate r infras tru c ture in th e cit y stre et s se rvin g deve lo ped prop erty ove r and abo ve what would be nee ded for just stree t run o ff. Cit y str ee ts and ro ads th e re for e should be exempt fr om st orm wa ter fees. B. RC W 90 .03.525 prohi bit s a c ity fr o m c ha rg in g a st<1 te hi gh way ri ght-of-way mo re th an 30 pe rce nt of th e co mp ara bl e pro pe rt y ra te , but also pro hibit s a c it y from c har gin g more th an th e fe es th e cit y c harges to it s ow n cit y str ee ts . Accord in g ly, s in ce c it y s treets a re exe mpt fr o m st orm wa ter fees, RCW 90 .0 3.52 5 requires th at th e sa me exe mption appl y t o state hig hway ri ght-o f- way . C. RC W 35 .6 7 .025 and RCW 35 .92 .0 2 1 both require th at a c it y c harge th e sa me s torm wa ter fee to publi c pro pert y as th e ra tes charge d to pri va te pro pe rt y o f th e sa me catego ry. Accor din g ly, sin ce c it y s tree ts are exe mpt fr om s torm wa ter fees, RC W 35.67 .025 and RCW 35.92.02 1 both requir e that th e sa me exe mpti o n appl y to pri va te ro ads. S ection 3. Sec ti o n 13.2 4 .08 9 o f th e Ba in brid ge Is la nd Muni c ip a l Co de is hereby amend ed to rea d as foll ows : 13.24.089 City S~treet s and roads charge. +fle-meA-lhly fee fo r city-&wHeEl-ri ght of way slta+l-be 30 perce nt of th e fee prn-v-id ed i n BIMC I J.:.-24.0 8().; Cit y-ow ned ri ght-of-way shall be exe mpt fr om storm wat er fees. 9 Appendix 9 382 Thi s exemption , how eve r. do es not apply to a city-owned road th at is an adjunct to a city commercial/multi development,such as NE Hen sh aw Place adjacent to City Hall, and which is therefor e charg ed a s tormwater fee pursuant to BIM C 13.2 4.080 as part o f a commercial/nrnlti deve lopment. Section 4. Section 13.24.090 of the Bainbridge Is land Municipal Code is hereby amended to rea d as follows: 13.24.090 State highway charge. PursuanHe-l{GW--i)(}.03 .525 the moR-t-hly fe e for state highv,'ay right-of way shall ae 30 per cen t e-f:-.t he fee j3f&V-1ded in B+MG 13 .24 .080 , unless th e ci ty and-st-ate agree to a different rat e;-or unless a court of coA-1petent juri sdiction hold s oth€-f-Wi.se.,. Sta te highwa y right-of-wa y shall be exe mpt from stormwater fees. Section S. A new sec tion is added to th e Bainbridge Is land Municipal Code to read as follows: 13 .24.091 Private roads charge. Pri va te roads (a private "Way-o f-t rave l," as defined in BIMC 12.16.020(P), th at is owned by e ith er priv a te pe rsons or publi c entiti es) shall be exempt from stormwa te r fee s . Thi s exem pt ion , however, doe s not a ppl y to a pri vate road that is an adj unct to a co mm e rc ia l/multi dev elopm ent , s uch as Madron e Lane adjacent to th e Rob erts LL C propert y on Win s low Way, and whi c h is th ere fore charge d a s tormwate r fee pursuant to BIM C 13.24 .080 as part of a co mm ercial/multi deve lopment. Section 6. In co n fo rm ance with th e Kit sa p Co unt y S up eri or Cou rt Order of Feb ru ary 29, 2 01 2 in Bainbridge Ratepayers Alliance v. Ci ty of Bainbridge Is land, Kit sa p Co unty Superior Co urt Ca u se No. I 0-2-00638-1, th e charges estab li shed by thi s ordinance , amending BIM C 13.24 .08 9 and BIM C 13.24.090 and addin g a new sec ti on BIMC 13 .24 .09 1 relat e d to privat e road s, shall be retro ac tiv e to J anu ary I , 2008 -the e ffec ti ve dal e of s torm and surfac e water charges es tabli s hed by Ordinanc e No. 2007-39. Section 7. Thi s o rdin ance shall take effec t a nd be 111 forc e five (5) day s from it s pa ssage, approva l, and publi ca ti on as required by law. Appendix 9 10 383 PASSED BY THE CITY COUNC IL this 10 111 day of October, 20 12. ATTEST/AUTHENTICATE: ·110.,r.,xl.nc:L:D. \Ct!/; o !A- Rosal ind 0. Lassoff, Cit/Clerk FILED WITH THE CITY CLERK: PASSED BY THE C ITY COUNC IL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: September 2 1, 2012 October 10 , 2012 Octobe r 12, 20 12 October 17 , 201 2 20 12-16 11 Appendix 9 384 General Information "O Q) "O "O "O "O ~ c c 2 Q) * en 2 ~ 0 0 0 QI c .2 Codes c u Q) z :g QI ·c;; ~ u Ci .c Ci Ci -.(ij :0 0 -(') Q. S -Separated, R -Rusted out, Cr -Crushed, QI CV ~ CV E B en CN E CV E u. "" ~ a. cc c > QI "" ~ 0 ~ 0 VJ 0 0 0 0 M ix-see comments I 0 t:: () .E: () c E .... () () -?;-c .c VJ VJ VJ ·-VJ QI a1 fij .Q. 0 u ts .2 _cg QI ~ .B QI iii (ij "O 2 Q) "O ~ ~ "f5 Q) ::> 0 Q) ~ S treet Cross Stre et Address QI ::> VJ .~ CV a. CV :2 Q) CV QI .91 g~ IV Q) cd tt en () 0 en 0: () 0: __, c z 0 z () 0 z 0 0 w Agate Pass Road Start @ Stop S ign 1 I Agate Pass Road 40' N of Dolphin 1 18 89' 18" Cone NO OK 12126113 PMI RG No No Yes Re locate Marks -. Agate Pass Road 16500 1 16 1979' 18" Cone NO OK 12126/13 PM/RG No No Yes . Agate Pass Road Sanwick Place 1 13 2589' 18" Cone NO OK 12/26/13 PM/RG No No No Agate Point Road I Sign =:=]=:Q _l I I I I I I I I I I I I I I I I I Agate Point Road 16412 1 12 1349' 18" Cone NO OK 12/26/13 PM/RG No No No -r Agate Street I Start @ Stop Sign I 1 I I I I Agate Street 17090 1 8 612' 12" Cone YES OK 12/26/13 PM/RG No No Yes Agate Street 17183 1 7 1038' 12" Cone NO OK 12/26/13 PM/RG No No Yes . Extend Outfall 5' Agate Street 17329 -end of street 1 6 1627' 12" Cone NO OK 12/26/13 PM/RG No No No . Several separation s Agatewood Road I Start @ Stop Sign I 1 I I I I I I I Agatewood Road Dolphin Drive-300' S of 1 24 1265' 12" Cone NO s 12/26/13 PM/RG No No No Agatewood Road Dolphin Drive 1 23 1606' 12" Cone NO OK 12/26/13 PM/RG No No No Alma Start @ Stop s ign 1 I I I [~ ] I I I I I ] I Alma Seabold ; 30' north of 1 45 30' 18" Cone NO OK 12/26/13 PM/RG No No Yes County Park Road I Street Sign I 1 I I I [ I I I I I County Park Road Trail H ead Parking 1 29 308' 12" Co ne NO s 12/26/13 PM/RG No No No REPLAC E Dolphin Drive I Starts @ Street Sign I 1 I I I I I I j Dolphin Drive Agatewood 1 22 20' 18" Cone NO OK 12/26/13 PM/RG No No No Dolphin Drive -7003 1 21 173' 18" Cone NO OK 12/26/13 PM/RG No No Yes - Dolphin Drive . 7200 1 20 1433' 18" Cone NO OK 12126113 PM/RG No No Yes -- Dolphin D rive Bloedel Reserve 1 19 2568' 12" Cone NO OK 12/26/13 PM/RG No No Yes Gordon Street ] Start @ Stop Sign I 1 I I I I I I I I I I I I I I 1---i I I - Gordon Street 8459 1 28 268' 12" Cone YES OK 12126113 PM/RG No No Yes Under Water Gordon Street -8533 1 27 640' 12" CPEP NO OK 12126/13 PMI RG No No -Yes Grotle Street I Start @ Stop Sign I 1 I I I I I 1- Grotle Street 15455 1 26 153' 12" CPEP NO OK 12126113 PMI RG No No Yes Grotle S treet -15400 1 25 542' 18" Cone NO s 12126113 PM/RG No No Yes --Separate d Harvey Road I Start @ Stop Sign 1 H arvey Road 15289 1 46 251 ' 12" Cone NO OK 12126/13 PMI RG No No Yes Not City Maintained Henderson Road Seabold/Henderson ST 1 Henderson Ro ad 15137 1 49 170' 12" Cone NO OK 12/27113 PMI RG No No No Henderson Road 15115 1 50 507' 18" Co ne NO s 12/27/13 PM/RG No No No . Separated at Road edge Komedal Road Start @ Stop Sign 1 Komedal Road 15006 1 48 3133' 12" Co ne NO OK 12/27/13 PMI RG No Yes Yes Komedal Road 15117 1 47 3626' 12" Cone NO OK 12/27/13 PM/RG Yes No Yes Fence Obstructi ng outfall Manual Road I Start @ Stop Sign I 1 I I I I I I I Manual Road end of road 1 57 674' 12" Co ne YES OK 12/27/13 PMI RG Yes No No Catch Basin Appendix 10 1 of 16 385 General Inform ation Inspection I Maintenance Information Inspe ction Comments "O Q) "O "O "O "O ~ c: c: * Q) ~ C> * ;!; 0 0 0 Q) c: .2 Codes c: ~ u .c: z :g -"(ij ·u; t5 Ci. £ +J (") a. Ci. a. S -Separated, R -Rusted out, Cr -Crushed , Q) <II Q) <II E c: N E <II E LL ~ 8 a. al c: a. > i5 C> Q) ~ :2 0 ->-0 rJ) 0 0 0 0 Mix-see comments 0 t (.) E (.) c: E .... (.) (.) ?;> c: I-.c: rJ) rJ) rJ) ·-rJ) -Q) ~ 0 iii "O al ~ .e. 0 "O :2 ·g t5 t5 > Q) Q) c;; Q) iii Q) Q) ::> 0 2 al 2 ~ S treet Cross Street Addre ss Q) :; N a. a. ;e Q) c;; irr~ <II <II ell it i5 u; a: (.) a: <II en (.) ...J c: z 0 z (.) 0 z 0 0 w North Street Start @ St op Sign 1 North S treet 100' from Agate Point W 1 11 360' 24 " Cone NO ·-~---OK 12/26/13 PM /RG No N o Yes No rth S treet Agate PT/Ki nnear 1 10 522' 18" Cone NO OK 12/26/13 PM /RG No N o Yes . No rth S treet End of Road 1 9 1060' 12 " Cone NO s 12/26/13 PM /RG No N o Yes Reset Inlet Separated Ralst on R oad I Start @ Stop Sign -I 1 I I -1---,-I L I I I [ ~I I I I l Ralston Road 6729 1 53 24 2' 12 " Cone NO OK 12/26/13 PM/RG Yes No No Ralst on Road S ilven 1 5 1 1260' 12 " Cone YES -OK 12/27/13 PM/RG Yes No Yes --Reitan R oad I S t art@ St op Sign -1-2] =r I I I "~~ 1~ I I I I I I I I I I I Re itan Road 16270 1 5 262' 12" Cone NO OK 12/26/13 PM/RG No No Yes Reitan Road 16362 1 4 682' 12" Co ne YES Cr 12/26/13 PM/RG No N o Yes Reitan Road under b ridge 1 3 1502' 12" Cone YES OK 12/26/13 PM/RG Yes No Yes Clean Basin Re itan Road 1624 3 1 2 2196' 18" Mix YES OK 12/26/13 PM/RG No No Yes Reit an Road 16233 1 1 2254' 12" CAP YES OK 12/26/13 PM /RG No No Yes --Sanwick Place Start @ Agate St. CL 111 --1-r-I L I c I I I [ r-c=i ·-r S anwick Place A g ate Pass Road 1 14 7' 12" Cone NO s 12/26/13 PM/RG N o No Yes Reset Inle t Separated Sanwick Place Bottom of Hill 1 15 786' 12" Cone YES OK 12/26/13 PM/RG No No Yes Sievertson R oad -Start @ W PM CL 1 ~ r-----I I I T-1 I I 1 11--1 ---I S ievertson Road 277' from W Port Madison 1 40 277' 12" Cone NO OK 12/26/13 P M/RG N o No No S ievertson Ro ad 14930 1 39 11 18' 12" CAP NO O K 12/26/13 P M/RG N o No Yes Sievertson Road 100' past 14930 1 38 1321' 12" Cone N O OK 12/26/13 PM/RG No No Yes Sievertson Road 14796 1 37 1737' 12" CGP N O OK 12/26/13 P M/RG Yes No Yes Sievertson Road 147966, 150' South o f 1 36 1953' 12" Cone N O O K 12/26/13 PM/RG No No Yes Sievertson Road 14660 1 35 2234' 12" Cone YES O K 12/26/13 PM/RG Yes No No Catch Basin & Inlet Silvan A venue [ (west e nd) I 1 I I I I I r -r---. I I I I I I I I I ,,--,------1 Silve n A venue 14324 1 52 231' 12" Cone N O O K 12/27/13 PM/RG No No No --Skogen Lane =i Start @ S top Sign ~-, I I 1-r=-f--, I J ~,-I I I I L I I I ---- Sk ogen Lane 15166 1 32 967' 12" Cone N O s 12/26/13 PM/RG No No Yes Separated at outfall Skogen Lane 15151 1 3 1 1132' 12" Cone N O O K 12/26/13 PM/RG No Yes Yes Underwa ter Skogen Lane 14900 1 30 1717' 8" CPEP YES O K 12/26/13 PM/RG Yes No Yes . Clean by hand --Stran ne Road I Start @ S top Sign =i=-u I I I LJ I I I I I I J I I r==r I --J S tranne Road Hidden Cove 1 56 24' 12" Cone NO OK 12/27/13 PM/R G N o No Yes Outfall end broken eroding bank S tran ne Road end of road (asphalt) 1 55 574' 12" Cone NO O K 12/27/13 PM/RG No No No S t ra nne Road end of road (d riveway) 1 54 608' 12" Cone NO s 12/27/13 PM/RG No No No W Po rt Mad ison Road I Start @ Stop S ign 1 I I I LJ I I I W Port Mad iso n Road 702' East of 305 1 44 702' 18" CPEP NO OK 12/26/13 PM/RG No No Yes W Port Mad ison Road 7590 1 4 3 2334' 12" Cone NO s 12/26/13 PM/RG No No Yes Small Se parations W Port Madison Road 7758 1 4 2 2744 ' 12"-18" Mix NO OK 12/26/13 PM/RG No No Yes W Port Madison Road 8008 1 4 1 3586' 12" Cone NO OK 12/26/13 PM/RG No No Yes Ap pendix 10 2of 16 386 General Information Inspection I Maintenance Info rmation Inspection Comments "O * "O Q) ~ Q) z "O 2 Q) ~ Q) Codes Ci 0 (U > (/) a. E 0 (.) c~ ~~ a. E 0 (.) a. E 0 (.) S -Separated, R -Rusted out, Cr -Crushed , Mix-see comments Street Cross Street Address W Port Madison Road Sievertson 1 34 3799' 12" CPEP NO OK 12/26/13 PM /RG W Port Madison Road Skogen Lane 1 33 4578' 12" CPEP NO OK 12/26/13 PM /RG 1l z No No Cambridge Crest =c Start@ Stop Sign __1~~2~1 --~-~ ,--c=J-I I Cambridge Crest Phelps ·""2_.__,5"""'8-'--~o,,----'---1'"'2"'"-'--c=p=E""P~..,..Y=E'""S,_..._,O,...,K~•·--c-1 1'""2..,.,11~4--'-=p_,..M,..,,/R=G-=-'·--:-N.,--o_._ Cambridge Crest Phelps 2 59 26' 12" CPEP YES OK 1/2/14 PM /RG No Cambridge Crest 13463 2 60 1536' 12" CPEP NO OK 1/2/14 PM /RG No Cambridge Crest 13439 2 61 1654' 12" CPEP YES OK 1/2/14 PM /RG No ~ 0 No No No No No No a. 0 ·:; 0 CT LO w Q) 8 Yes Yes Yes No No No 2 ro 0 ~--C=--a_sca_d.,-e -=-St_re_et_=c. Start@ Stop Sign -!:!] :.=J.~o-=-...__~__.__1==1~,,.-L-=1~_._-~--=11-~,---'--='~~-,-,---'---J C]..__ _ __,l__,...,.___._ __ _,_~..._r== _ __.I Cascade Street John Street 2 52 316' 18" CGP NO R 1/6/14 PM/CD No No No RE PLACE ~~-c_hart~i ~-~[~ J 2 [ 1=J I -1-1 -~-1 I I I =1 [ I T Charti 13516 2 62 232' 12" CPEP YES OK t"'--1,..,/2::c/,.;-14-=--_,_,=--==-==-'--N:-:o-~--~-:N07o~~-~-~~--Y:--:e-s~-~~~-~--~--'---~-------------" Day Road East ~] Street Sign ~-, !T-1~1--J __ ~__._r= __ r==J J I Day Road East 8755 2 57 --'-12~0'""3-· _,___12-c,.--~C-o-nc_.__N~O--'--o,,...K~1--1-/6-/-14 _ _.__P=M-/C""D,__. No No Yes ~~_._~--U-nd-e-rW-a-te-r-----------~ Day Road East 8960 2 56 2384' 12" Cone NO OK 1/6/14 PM/CD No No Day Road East 9470 2 55 3999' 12" Cone NO OK 1/6/14 PM/CD Yes Yes Day Road East N.Madison 2 79 4235' 12" Cone NO OK 1/6/14 PM/CD Yes Yes Day Road East 9883 2 54 5822' 18" Cone NO OK 1/6/14 PM /CD Yes Yes Day Road East Sunrise 2 70 6830' 18" Cone YES OK 1/6/14 PM /CD Yes No Yes Yes Yes No Yes Under Water Catch Ba sin Full of asphalt Ditch outfall Handwork Catch Basin EllingsenRoad r-5tart@StopSign 1 ~1--,~---:=J __ r=~-~'-~-~J c=C ! _ __,__ ---E~l-lin~g~s-on-R-oa-d--~----13_9_0~9 ~-~~ 2 24 1397' 12" Cone NO OK 1/2/14 PM/RG No No No Ellingsen Road 13665 2 25 2112' 12" Cone NO OK 1/2/14 PM /RG No Yes No Ditch inlet ~-EUCifcfAvenue -J EUcildlWashington St Sign I 2 ,--[--,-=i~ -,---c==i c=-i==i ~c=:'~~'=-i---- Euclid Avenue 15830 2 6 443' 12" CGP YES OK 1/6/14 PM /CD Yes Yes No No Yes Catch Basin & pipe Euclid Avenue 15660 2 7 1349' 18" Mix YES S 1/6/14 1/6/14 PM /CD PM /CD No No Yes Catch Bas in Eu clid Avenue 15632 2 8 1800' 12" Cone NO OK Yes 1 2r=i----c=i-r r c-1=r-1 2 15 73' ~-1~2~ .. -"-=c-on_c_.__,N~o=-"'-:o~K.,.--9·-~1 ,~6..,.,/1~4--'-c=P-.,-M~/C~D=-----=-N~o~---~~N~o~--~--~ No EUcITdAVeriU&EaSt-~arts@ Stop Sign Euclid Avenue East Lafayette Euclid Avenue East 15318 2 16 671 ' 18" CGP NO OK 1/6/14 PM /CD No No No EuclidAvenueEast 15124 2 17 1111 ' 18" CGP NO OK 1/6/14 PM /CD No No No Euclid Avenue East 200 yds N of Phelps Rd 2 18 1615' 18" Mix NO OK 1/6/14 PM /CD No No No Euclid Avenue East Phelps 2 19 2168' 12" Cone NO OK 1/6/14 PM/CD No Yes No __ E~uci~id_A_v_en_ue_w_e_s_t ---"['-'-_st_art_s __ @_s_to_p _s1_gn_~l~2~J-~~~l-:::;~-.:--'-[~c::==c:==,,__ __ ~-~-~--[_J=--=:.r~_-_==1~--,-,.--~.~-~r=J~~=-=:J~~ Euclid Avenue West 16554 2 13 349' 12" Cone YES OK 1/3/14 PM /RG No No Yes Euclid Avenue West 16307 2 12" Mix YES OK 1/3/14 PM /RG Yes No Yes Euclid Avenue West 16304 2 12 1479' 12" Cone NO OK 1/3/14 PM /RG No No No Euclid Avenue West 16211 2 11 1794 ' 12" Cone YES OK 1/3/14 PM /RG No No No Euclid Avenue West 16005 2 10 2294 ' 12" Cone YES OK 1/3/14 PM /RG Yes No No Euclid Aven ue West Lafayette Avenue 2 9 2345' 12" Cone YES OK 1/3/14 PM/RG Yes No Yes Appendix 10 Catch Basin & pipe Catch Basin X2 3 of 16 387 General Information "O Q) "O "O "O "O c: c: .!! Q) * Ol * ;!:; .... 0 0 Q) c: 2 c: .Q u Q) z :g -'iii ~ 0 a. .c a. a. ·;v .B -<') a.. S-Separated, R -Rusted out, Cr -v1u;o,,vv, ~ ro Q) ro E C: N E ro E u. :it ~ co c: a. > i5 Ol Q) :it ~ (3 ->-0 tJ) 0 0 0 0 Mix-see comments 0 t: (.) (.) c: E .... (.) (.) z:. Q) c: ..... .c £ tJ) tJ) tJ) ·-a. 0 tJ) -0 ~ .B ~ "O "O c: "O ~ -~ 0 > Q) Q) Q) iii Q) Q) Ql ro ·:; 0 Q) Q) Q) & Street C ross S treet Add ress Q) :; .!:! a. ro a. Q) iii Q) ~ Jr~ iii Q) iii oil & i5 a: (.) a: ro (/) (.) (/) _J c: z 0 z (.) 0 z 0 0 w Fairfield T eem Loop 2 --Fairfield 13257 2 63 53' 12" CPEP YES OK 1/3/1 4 PM/RG No No No -H idden Cove Road East I Start @ Stop Sign r2 r-1 L_-r 1---l -1 1-=r I I 1==1 J -1-- ---I Hidden Cove Road East 9198 2 34 160' 18" Cone NO OK 1/2/14 PM/RG No No No Inlet sa nd bagged friend of Mayor H idden Cove Road East 9000 2 35 405' 18" Cone NO OK 1/2/14 PM/RG No No No Hand dig outfall Hidden Cove Road East 8205 2 36 2587' 80" CAP NO OK 1/2/14 PM/RG No No No H idden Cove Road East 8075 2 37 4231' 12" Cone YES OK 1/2114 PMIRG No No No H idden Cove Road East 8024 2 38 4696' 12" Cone YES s 1/2114 PM/RG No No Yes Reset first & last sectio n H idden Cove Road East 7996 2 39 5046' 12" Cone YES OK 112114 PM/RG No -Yes No CB on Private property H idden Cove Road East 7995 2 40 5396' 12" Mix YES s 11211 4 PM/RG Yes Yes No H idden Cove Road East 7892 2 41 5884' 12" Cone NO OK 112114 PM/RG No No No H idden Cove Road East 7750 2 42 6319' 24" Cone NO OK 1/2114 PMIRG No No No H idden Cove Road East 7599 2 43 7014' 12" Mix NO OK 1/2/1 4 PM/RG No No Yes Knight Rd I Sunrise I 2 I ] I I I I I I I 1.---r I _c=J 1-1 I_[ -I Knight Rd Sunrise 2 71 O' 12" CPEP YES OK 116114 PM/CD Yes No Yes Catch Basin -- Lafayette Avenue I EuciidAveW I 2 I I ,-,-- J Lafayette Avenue 9304 2 12" DI Yes Ok 1/6/14 PM/CD Yes No N o Catch Basin X 2 Lafayette Avenue Euclid, bus stop 2 5 962' 12" Cone NO OK 1/611 4 PM /CD No No Yes Lafayette Avenue 9832 2 4 1190' 18"-24" Mix NO OK 116/14 PM/CD No N o Yes Lafayette Avenue 10035 2 3 1891' 12" Cone NO Cr 1/6/14 PM/CD No No Yes Underwater Meigs R D I WEuelld I 2 I I I I I ] I I I I : I I I I I Meigs RD W Euclid 2 72 O' 12" Cone NO OK 113/14 PMIRG Yes No No M illstone ] Start @ Mailbox 13235 I 2 I I I I I I I 1==-r I I I I I I [--[ I l Millstone 13229 2 64 49' 12" CPEP YES OK 1/3/1 4 PM/RG No No Yes Misty Vale I Start @ Stop Sign 2 I I I I I I ] I ] I L r----- Misty Vale Sunrise 2 73 O' 12" CGP YES OK 1/6/14 PM/CD No No Yes Heavily Rusted with holes Misty Vale 14537 2 50 239' 18" CGP NO OK 1/6/14 PM/CD Yes No Yes Clean & video --North Madison I Start @ Stop Sign ~ I [ I I J ] I I 1-1 I I I I I N orth Madison 14229 2 44 999' 18" Cone NO OK 1/6/14 PM/CD No No No Reset inlet North Madison 13645 2 53 2914' 24" Cone NO OK 1/6/14 PM/CD No No No P helps Road I --Start@ Stop Sign 1 2 I I I I I I I I I I 1==i LJ I Phelps Road Day Road East 2 30 O' 18" Cone NO OK 1/3/1 4 PM/RG No No Yes Phelps Road 13249 2 29 1416' 18" Cone NO OK 1/3/14 PM/RG No No Yes Phelps Road 13452 2 28 2934' 18" Cone YES OK 1/3/1 4 PM/RG No No Yes Phelps Road 13502 2 27 3259' 12" Cone NO OK 1/3/1 4 PM/RG No No Yes Phelps Road 13527 2 26 4214' 18" Cone NO OK 1/31 14 PM/RG No No Yes Inlet separated P helps Road Ellingson Road 2 23 5912' 12" Cone NO OK 11311 4 PM/RG No No Yes Phelps Road 14432 2 22 6 489' 12" Cone NO OK 1/3/1 4 PM/RG No No Yes Appendix 10 4of 16 388 General Information Inspection I Maintenance Information Inspection Comments 'O <1> 'O 'O i 'O ~ c: c: ~ <1> Cl <1> ~ 0 0 0 <1> c: Qi 2 Codes c: ~ ti .c z ~ -'(ii ·u; ts a. .l:l -..., a. a. a. S -Separated, R -Rusted out, Cr -Crushed, 8. C'O <1> C'O E c: N E C'O E LI.. '*!: 2l fll c: a. > i5 Cl <1> '*!: :E (3 0 >-0 <fl 0 c: 0 0 Mix-see comments 0 t: c: r-.c (.) E <fl <fl (.) <fl·-E ~ (.) <fl (.) -Z;-<1> .!!! .l:l <ii 'O 'O c: .Q. 0 'O :E ·g ts ts .2 <1> <1> <1> (;) al .2! <1> C'O =>o .2! <1> .2! ~ Street Cross Street Address <1> ::> <fl .!:! a. C'O a. C'O E C'O <1> .91 iZ'~ C'O <1> C'O ca &. (/) (.) i5 (/) a: (.) a: ...J c: z 0 z (.) 0 z 0 0 w Phelps Road Frog Rock 2 21 7254' 18" Cone NO OK 1/3/14 PM/RG No No Yes Phelps R o ad 14607 2 20 7481' 12" Cone NO OK 113/14 PM/RG Yes No Yes P o int M o nroe Drive --1 start@ S unrisecc--1 2 I I r -,-,_ I I I 1-=-i--=r== I I I I I I ---i Point M onroe Drive Sunrise -252' East of 2 1 252' 18" HOPE N O OK 1/6/14 PM/CD No No Yes -Spargurl oop R oad --[ Start @ St o p S ig n fTI J I -I I -1 ---I I I 1=I ~l -r ,~, I I I Spargur Loop Road Hidden Cove 2 74 O' 12" Cone N O OK 1/3/14 PM/RG Yes No Yes Spargur Loop Road 8802 2 12" C PEP NO OK 1/3/14 PM/RG No No Yes Spargur Loop Road 8774 2 33 1050' 12" Cone YES OK 1/3/14 PM/RG N o N o Yes Fence over CB Spargur Loop Road 8830 2 32 1352' 12" Cone N O OK 1/3/14 PM/RG No No Yes Spargur Loop Road 9010 2 31 1989' 12" Cone YES OK 1/3/14 PM/RG Yes No Yes . Catch Ba sin Spargur Loop Road 9019 2 30 2255' 12" C one N O OK 1/3/1 4 PM/RG No N o No - Selfo rs J H idd e n Cove --J 2 1 j I I 1 ~1-·~ -I I I -[-~ =i==J I I I I I __J Selfors Hidden Cove 2 75 O' 12" Cone N O s 1 /2/14 PM/RG No No Yes -S uma nee :=_=i_ I 2 I I ,--I 1-i__= J I ,--1 1 1---, [ I. I 1-1 Suma nee 8384 2 76 970' 12" CPEP YES OK 1 /3/1 4 PM/RG No No Yes Suma nee 8342 2 65 2142' 12" CPEP YES OK 1/3/14 PM/RG No No Yes . S unrise Drive _=i Intake -r2 1 I I I ~ ~~ I I c--J -i I r==r=:J I I ' Sunrise Drive Pt. Mo n roe 2 2 O' 12" Cone N O OK 1/6/14 PM/CD No No N o S unrise Drive 15551 2 48 232' 18" Cone NO OK 1/6/1 4 PM/CD No No N o Sunrise Drive 14950 2 49 1446' 12" CPEP NO OK 1 /6/14 PM/CD No No N o Sunrise Drive 14250 2 5 1 4230' 12" Cone YES OK 1/6/14 PM/CD No No N o S unrise Drive D ripping Water Creek 2 40 6507' 24" Cone NO S ,Cr 1 /6/14 PM/CD No No Yes ---S unrose -r---Sunrise 12 1 I I J 1--i I I I c-1 I c -1 I I I I - Sunrose Sunrise 2 78 O' 12" CPEP NO OK 1 /6/14 PM/CD No No Yes Teem Loop ]_-St a rt @ St op Sign I 2 I I I -r -1-I 1==i==1 I I I l ~I I I Teem Loop 13209 2 66 48' 12" CPEP YES OK 1 /3/14 PM/RG Yes No Yes - Teem Loop 13221 2 67 11 79' 12" CPEP YE S OK 1/3/14 PM/RG No No Yes Teem Loop S umanee Pl 2 68 1755' 12" CPEP YES OK 1/3/14 PM/RG Yes No Yes ---Turvanger R oad -=i_-S t a rt @ S t op Sign l 2 I I: I -I 1 -1= -I I =r I I J_=i=l_=:J I I I -----, T orvanger R oa d Sunrise Dr. 2 47 37' 18" CGP NO R 1/6/14 PM/CD No No N o Some Rust Holes Torvanger Road 10029 2 46 1258' 18" CGP NO R 1/6/14 PM/CD No No No REPLACE Large rust hole s Torvanger Road 9856 2 45 18 13' 18" CGP NO R 1/6/14 PM/CD No No No Some Rust Holes Trail Heights ---j Hgts/Cambridge St Sign I 2 I I I ,~[ r I I I I I ~ i -,-I I I I ~ I Trail Heights 13000 2 69 311' 12" CPEP YES OK 1/2/1 4 PM/RG Yes No No CB W ashington A ven ue _[ Start @ S t op Sign I 2 I I I l =:J I I I I Washington Avenue 15011 2 14 579' 12" Cone NO OK 1/6/14 PM/CD No No No A bies [B eginning @ St op S ign I 3 I I I I I I I I ----i [_[--=:] l __ L I L J I ---Abie s Ko ura 3 49 O' 15" CGP NO OK 12/30/13 PM/RG No No No ------- Appendix 10 5of16 389 General Information ft•-,. - "O <I> "O "O "O "O !!! c c * <I> * Cl * ;!; 0 0 0 <I> c 2 Codes c ti z :g "iii +; u a. .c a. a. -·n; 'i5 ~ -<') 0.. S -Separated, R -Rusted out, Cr -Crushed, <I> nJ <I> nJ E CN E nJ E u. 'II: is a. co c a. > i:5 Cl <I> 'II: ~ u -~ 0 tJl 0 0 0 0 Mix-see comments 0 t:: (.) E (.) c E ~ (.) (.) :?:-c .c tJl tJl tJl ·-tJl -<I> ~ 0 ~ "O "O c a. 0 "O ~ ·g u tS > .~ <I> iii <I> iii <I> <I> <I> nJ ·:; 0 <I> a: Q) & 3 tJl a. a. iii iii iii "" Street Cross Street Address Q) i:5 0:: (.) 0:: nJ ·c: Q) <I> .9! .IT~ ct (/) (.) (/) ...J z 0 z (.) 0 z 0 0 w Abies 7206 3 40 195' 12" CGP NO OK 12/30/13 PM/RG No No Yes Abies 7408 3 41 786' 12" CGP N O OK 12/30/13 PM/RG No Yes Yes Vactor ditch outfall Marks way off Abies Pinyon 3 50 1331' 12" CGP NO R 12/30/13 PM/RG No No Yes --Astor Court Start @ Stop Sign 3 I I I I 1-=:J I I I I I I . , Astor Court 1151 3 Ast or Court 3 32 180' 12" CAP YES OK 12/30/13 PM/RG Yes No No Bay Hill Road L Start @ Stop Sign 0 ==i==r==i=--1 r_ ==i -] r===c=r I I I I --. I Bay Hill Road 7480 3 21 1226' 18" Cone YES OK 12/30/13 PM/RG No No No Chadwick =i -131-[-r -T -::J _J I I I 1 -J I I r I l Chadwick 11520 3 12" Yes OK 2/13/14 PM/RG Yes No No --Bayview Boulevard l Start @ Stop Sign -I 3 I I I -1---T -1 I I I 1 -r [ I -i-I I I ----l Bayview Bouleva rd 6687 3 42 202' 18" Cone NO OK 12/30/13 PM/RG No No No Bayview Boulevard 6639 3 51 513' 12" CPEP YES s 12/30/13 PM/RG Yes No No CB Bergman Road =r_ Start @ Stop Sign 3 ·i-1 I I I I I I .l_I I I I I I Bergman Road 7601 3 16 205' 18" Mix N O s 12/30/13 PM/RG Yes No No Fix in middle Bergman Road 7750 3 18" Cone N O OK 2/13/14 PM/RG No No No -Bergman Road Peterson Hill Road 3 15 1525' 78" CGP N O OK 12/30/13 PM/R G No No No Brigham ,--Olympic Terrace J 3 I J-I I -I -c I I I I I I I L I I I I -.___.J Brigham Olympic Terrace 3 52 O' 12" Cone NO OK 12/30/13 PM/R G No N o No Brigham Blue He ron 3 12" CPEP Yes OK 12/30/13 PM/RG Yes Yes Yes Williams Olympic Terrace 3 12" Cone N o Ok 12/30/13 PM/RG Yes N o No Day Road West =:J Start @ Stop Sign 3 I I I I I I I I I I I I J Day Road West Manzanita, 200' East of 3 11 206' 18" Cone NO OK 1/2/14 PM/RG Yes N o Yes -- Day Road West 300'Eastof 6969 3 10 1439' 24" Cone NO OK 1/2/14 PM/RG No N o Yes Day Road West Watson's Factory 3 9 4325' 12" Cone YES OK 1/2/14 PM/RG No No No -Fieldstone-i=-------1 3 I I I 1 I I I i= r r--=r [ -1-J I I ---- --Fieldstone -Koura 3 53 O' 12" CGP NO OK 12/30/13 PM/RG No N o No Hidden Cove Road West I Start @ Stop S ign I 3 I I [-r= r I I I I I ] I I I I I I Hidden Cove Road West Stranne Road 3 1 325' 18" Cone NO OK 12/27113 PM/RG No No No Hidden Cove Road West Henderson Road -200' E of 3 2 1937' 18" CPEP NO OK 12/27113 PM/RG No N o Yes - Hidden Cove Road West 6318 -end of road, west 3 3 3137 12" DIP YES OK 12/27/13 PM/RG No Yes No Open inlet Hidden Cove Lan_e __ I Start @ Stop Sign I 3 I I I I -J-r I I I I L I H idden Cove Lane 13392 3 6 302' 12" CGP NO OK 12127/13 PM/RG No No Yes Koura Farm -1 Start @ Stop Sign I 3 I I I I I -,---I I I I I I I I I , I I I Koura Farm Fieldstone 3 54 O' 12" CPEP NO OK 12/30/13 PM/RG Yes No No Koura Farm Cul de sac 3 55 459' 12" CPEP NO OK 12/30/13 PM /RG Yes No No Culvert Koura Farm Cul de sac 3 12" CPEP Yes OK 12/30113 PM/RG Yes N o No CB & Culvert Koura Road l J 3 1 I I I l _l_ I 1 I ==i_ I I I -~ Koura Road 6750 3 47 458' 12" Cone NO OK 12130/13 PM/RG No N o No Appendix 10 6of 16 390 General Information Inspection I Maintenance Information 'O Q) 'O 'O 'O 'O ~ c c Q) Q) * Ol * ~ 0 0 0 4i Q) c .2 Codes c u z :g -'Cii ., ti a. .t: a. a. ·n; 'i5 B -(T') a.. S -Separated, R -Ru sted out, Cr -Crushed, Q) <O Q) <O E CN E <O E u. :it ~ a. ID c a. > i:5 Ol Q) :it :E u .,_ 0 "' 0 0 0 Mix-see comments 'I:'. >-c E ~ (.) (.) ;:;. 0 0 c I-.t: (.) E "' "' (.) "'·-"' -Q) <O B ~ 'O Q) 'O c a. 0 ~ 'O Q) ~ ·c t> t> > iii Q) Q) Q) iii Q) Q) <O ·:; 0 Q) 0 £ 3 a. <O a. iii iii oil Street Cross Street Address Q) N <O ·c: Q) Q) ~ LIT~ <O Q) & (/) (.) i:5 u; a: (.) a: _J z 0 z (.) 0 z 0 0 w Koura Road Williams 3 48 991' 12" DIP YES OK 12/30/13 PM/RG Yes No Yes Larix l --~1-1 I I I r 1-1-T --I I I I I I -I Larix Abies 3 56 o· 12" CGP NO OK 12/30113 PM/RG No No Yes Lovgren R oad West -i Start @ St op Sign I 3 I I I I r I I I I I I [I I I I I Lovgren Road West 8295 -200' east of 3 26 1098' 18" CAP NO OK 1/2/14 PM/RG No No No Lovgren Road West 8000 -400' east of 3 27 2096' 18" CPEP NO OK 1/2/1 4 PM/RG No No No Lovgreen Road West 7984 3 28 2677' 24" CAP N O OK 1/2/14 PM/RG No No Yes Lovgreen Road West 7984 3 29 2926' 36" CGP NO OK 1/2/1 4 PM/RG No No Yes --Manzanita =r start @ Berg man s t Sign J 3 I r=L=-r=i== I : I 1 · I I I I I I I [ I J Manzanita 12520 3 8 352' 12" Cone NO S ,Cr 12/30/13 PM/RG No No No Outfall on beach Manzanita 12662 3 7 1135' 12" Cone NO S ,Cr 12/30/13 PM/RG Yes No No M anzan ita L N i-------3 I I I I I -I Manzanita LN Peterson Hill Road 3 57 o· 12" Cone NO OK 12/30/13 PM/RG No No Yes Matsu Pl =i_= Start @ Stop Sign I 3 I I I [ -I I I I I I I I [ I 1-1 Matsu Pl Bayhill 3 58 21' 18" CGP YES R 12/30/13 PM/RG No No Yes Meadowmeer Circle l Start @ Stop Sign I 3 I I I r c--i= I I I I I I r-1 I I I l l Meadowmeer Circle 11225 3 34 154' 18" CAP NO OK 12/30/13 PM/RG Yes Yes No Outfall /talk to home owner Meadowmeer Circle Barthrup Court 3 33 854' 12" CAP NO R 12/30/13 PM/RG No No No Rock outfall -Meadowmeer Circle 11550 3 31 2067' 12" CAP YES OK 12/30/13 PM/RG Yes No Yes Clean basin 1 Meadowmeer Circle 11621 3 30 2562' 12" CAP YES R 12/30/13 PM/RG Yes No Yes Clean basin & replace pipe Meadowmeer Road ] Circle CEN TER LINE [31 I I I I C I I I ~ ] I r-1 I I I I Meadowmeer Road Peggy -intersection 3 35 o· 18" CAP YES OK 12/30/13 PM/RG No Yes Yes Dilchoutfall Meadowmeer Road Medway -intersection 3 36 o· 12" CAP NO OK 12/30/13 PM/RG No -No Yes Meadowmeer Road Katy -intersection 3 37 O' 12" CAP NO OK 12/30/13 PM/RG No No Yes Meadowmeer Road Renney -intersection 3 38 O' 12" CAP YES OK 12/30/13 PM/RG Yes Yes Yes Wires ditch with vactor -Miller Road -i--Start @ Y on Miller I 3 I I I l =i ---=i_ --I I ~I I 1-J I I ] I I -------I -_______j Miller Road Day Road West 3 12 116' 18" Cone NO Cr 1/2/14 PM/RG No No Yes Last section of outfall broken / tree removal Miller Road 12714 -100' S of 3 13 694' 18" Cone NO s 1/2/14 PM/RG Yes No Yes Last section of inlet separated Miller Road Bergman -50' North of 3 14 1925' 18" Cone NO s 1/2/14 PM/RG No No Yes Miller Road 12305 -100' south of 3 17 2631 ' 36" Cone NO OK 1/2/14 PM/RG No No Yes Miller Road 11431 -40' south of 3 22 5931' 18" CPEP YES OK 1/2/14 PM/RG N o No Yes Monte V ista I Start @ Stop Sign J 3 I I I I I I I Monte Vista Olympic Terrace 3 59 o· 12" Cone YES OK 12/30/13 PM/RG No Yes N o Extend out fall 1 O' Monte Vista 6513 3 24 713' 12" Cone NO OK 12/30/13 PM/RG No No N o Monte Vista 6506 3 25 1221' 12" Cone YES Cr 12/30/13 PM/RG No No No O lympic Terrace St art @ Stop Sign 3 Olympic Terrace Monte Vista -north of 3 23 2508' 18" Cone NO OK 12/30/13 PM/RG Yes No No Peterson Hill Road I Start @ Stop Sign 3 I I I I I I I I I Appendix 10 7of16 391 General Information Inspection I Maintenance Information Inspection Comments -0 Q) -0 -0 -0 -0 ~ c c * Q) 2 Ol 2 !: 0 0 0 Q) c ..2 Codes c ts z Q) :g Q) ·u; ~ 0 a. .s:: a. a. -'iii .B -M a. S -Separated, R -Rusted out, Cr -Crushed, Q) <V Q) <V E CN E <V E u. '*I: ~ c. m c c. > i:5 Ol Q) '*I: :::.? (3 ->-0 Vl 0 c 0 0 0 Mix-see comments 0 t: c I-.s:: (,) -= Vl Vl (,) Vl ·-E ~ (,) Vl (,) -~ Q) ~ .B ~ -0 Q) -0 c .Q. 0 ~ :::.? ·c: 0 0 > Q) Q) ~ ti Q) Q) <V ::l 0 2 Q) 0 ~ Street Cross S treet Address Q) 3 .~ c. <V <V £ Q) cu Q) ~ tr io <V cu od ~ (/) (,) i:5 (/) a: (,) a: ...J z 0 z (,) W :ot-0 z 0 0 w Peterson Hill Road 12034 3 18 1408' 12" Cone NO OK 12/30/13 PM/RG No No No Peterson H ill Road 12248 3 19 1675' 12" Cone NO OK 12/30/13 PM/RG No No No Peterson Hill Road Bergman 100 yars East of 3 20 1980' 135" CGP NO OK 12/30/13 PM/RG No -No No Public W orks Ya rd -r St art@Gate -i-3 1 1-1 I I C----] I I I 1=JI I I Public Works Yard 342' S of Hidden Cove 3 43 342' 12" CPEP YES OK 1 /2/14 PM/RG No No Yes Public Works Yard 427' S of Hidden Cove 3 44 427' 12" CPEP YES OK 1 /2/14 PM/RG Yes No Yes Public Works Ya rd 948' S of Hidden Cove 3 45 948' 12" CAP NO OK 1 /2/14 PM/RG No No Yes . Public Works Yard 956' S of Hidden Cove 3 46 956' 12" CAP YES OK 1/2/14 PM/RG No No Yes -~ S ilvan A venue [ St art @ Stop Sign J 3 I I I I 1 -c ---......----I I I I I I ,--r_c=J rr---- Silven Avenue Hidden Cove West 3 4 o· 12" CGP NO OK 12/27/13 PM/RG No Yes No 5' of in let --- Silven Avenue Hidden Cove West 3 62 10' 12" CMP NO R 12/27/13 PM/RG No Yes No REPLACE / 1 O' of inlet ditch Silven Avenue 14315 -end of road 3 5 590' 12" Mix NO OK 12/27/13 PM/RG No No No . Sunset Loop I l 3 I I I I I c_ I I I I I I I I I Y-l_j __ Sunset Loop Bay hill 3 61 o· 18" CGP NO R 12/30/13 PM/RG Yes No Yes REPLACE Tyler P lace j Start @ S top Sign I 3 I I I I I I J_-~I I I I I I I I I - ~ Tyler Place 11518 3 39 143' 12" CPEP NO OK 12/30/13 PM/RG Yes No No Appendix 10 Bot 16 392 General Information al c c ~ al ~ O> ~ ;!; ~ i 0 GI c 2 c 0 z ~ ~ GI -.., ~ ·co ·c;; 13 u a. -"' a. a. Q. ~ "' ~ E ~~ E "' E u. 'It 8 CD c 0 O> :E u 0 en 0 0 0 0 I 0 t:: c ~ ~ (.) £ en "' (.) "'.£ E ~ (.) "' (.) -l:' GI ~ .l:! ~ "O GI "O c .Q. 0 GI "O :E ·c ~ ~ > GI ~ ~ Ci) al~ ~ 3 .!:j "' al ~ z~ iO al ~ & Street Cross Street Address 0 0:: (.) 0:: "' c "' (.) (/) _, z z (.) 0 z 0 0 w Baker H ill Road East 8112 -x-Blakely Ave 9 108 1183' 12" C PEP NO OK 1/29/13 RN/DO NO YES #50 YES Baker Hill Road East 7724 9 109 2285' 18" CPEP NO OK 1/29/13 RN/DO N O NO NO Baker Hill Road East Lynwood Center 9 113 2377' 12" Cone NO O K 1/29/13 RN/DO YES YES #50 YES Baker Hill Road West 150' W of Lynwood Cntr Rd 9 14 2577' 36" Cone NO O K 1/29/13 RN/DO N-6 NO YES Baker Hill Road West 7456 9 15 340' 48" CGP NO R 1/29/13 RN/DO N O NO Y ES Baker Hill Road West 7204 9 15 3986' 18" CGP NO OK 1/29/13 RN/DO NO N O YES Baker Hill Road West 7019 9 17 4836' 18" CGP NO O K 1129/13 RN/DO NO NO YES - Baker Hill Road West 6520 9 18 5606' 18" Cone NO OK 1129/13 RN/DO NO NO YES Baker Hill Road West 6480 9 19 6144' 18" Cone NO O K 1/29/13 RN/DO NO NO YES Baker Hill Road West 6460 9 20 6423' 18" CGP NO O K 1/29/13 RN/DO YES YES YES Baker Hill Road West 6424 9 22 6955' 18" CGP NO L OK 1/29/13 RN/DO NO N O YES Baker Hill Road West Betwn Palamino & Lariat Loop 9 26 8270' 24" CGP YES OK 1/29/1 3 RN/DO NO N O YES Baker Hill Road West Lariat Loop -x-Sorrel int 9 27 8473' 18" CGP NO O K 1/29/13 RN/DO YES YES #SO YES Baker Hill Road West 200' W of 5815 9 31 9755' 24" CGP NO . O K 1/29/13 RN/DO NO N O YES Baker Hill Road West 400' W of 5815 9 32 9996' 18" CGP NO O K 1129/13 RN/DO NO N O YES Baker Hill Road West 500' W of 5815 9 33 10152' 12" CGP NO O K 1129/13 RN/DO NO N O YES Baker Hill Road West 700' W of 581S 9 34 10363' 18" CGP NO R 1/29/13 RN/DO NO N O YES Beck Road W. Blaklely 9 126 O' 12" CPEP YES OK 1/24/13 RN/CD NO N O NO Beck Road 8424 9 87 221 ' 12" Cone NO O K 1/24/13 RN/CD NO N O YES Beck Road 8363 9 86 543' 12" Cone YES OK 1/24/13 RN/CD NO N O Y ES B eck Road Lytle Rd 9 127 1226' 12" Cone NO OK 1124/13 RN/CD NO NO NO Beck Road 8 185 9 85 1318' 12" Cone YES OK 1/24/13 RN/CD ' YES • NO YES Beck Road 8075 9 128 1722' 8" CPEP YES OK 1124/13 RN/CD YES° . NO YES Beck Road Pleasant Beach 9 129 2250' 12" Cone NO OK 1/24/13 RN/CD r--ygs-N O NO Blakely Avenue 4 525 9 110 6251 ' 12" C PEP NO OK 1/30/13 PM/CD YES" NO YES Blakely Avenue 4216 9 111 7022' 18" C PEP NO OK 1/30/13 PM/CD NO . N O YES Blakely Avenue 41 95 9 11 2 7477' 18" C PEP NO OK 1/30/13 PM/CD NO N O YES Blakely CT East Blakely HTS Dr 9 11 5 O' 12" CAP NO OK 1/29/13 RN/DO NO YES #SO NO Blakely Heights CT Blakely H eights 9 116 O' 12" CAP NO OK 1/29/13 RN/DO -Y ES -YES #50 NO Blakely Heights Drive Baker Hill East 9 117 O' 12" CAP NO O K 1/29/13 RN/DO NO NO NO O&M Blakely Heights Drive 8210 9 103 983' 12" CAP NO Cr 1129/13 RN/DO -YES YES YES O&M -- Blakely Heights Drive 8 169 9 106 1340' 18" CAP NO OK 1/29/13 RN/DO NO NO YES Blakely Heights Drive Stop Sign 9 107 2389' 18" CAP NO Cr 1/29/13 RN/DO NO NO YES Crystal S prings Road 100' south of Dead End 9 35 124' 18" CGP NO R 1/29/13 RN/DO NO NO YES Crystal Springs Road 6071 9 36 467' 18" CAP NO OK 1/29/13 RN/DO NO NO YES Crystal Springs Road 5869 -SO' N of 9 37 970' 18" CGP YES OK 1129/13 RN/DO NO NO YES Crystal Springs Road 5816 9 38 1453' 18" C PEP NO OK 1/29/13 RN/DO NO NO YES Crystal Springs Road 5609 9 39 1868' 18" CGP NO R 1/29/13 RN/DO NO NO YES Crystal Springs Road 5590 9 40 2102' 18" Cone NO O K 1/29/13 RN/DO NO NO YES Crystal Springs Road S425 9 41 2542' 18" Cone NO O K 1/29/13 RN/DO NO NO YES Crystal Springs Road 5368 9 42 3051' 18" Cone NO OK 1/29/13 RN/DO -YES-NO YES Crystal Springs Road Sullivan Road 9 43 3553' 18" Cone YES OK 1/29/13 RN/DO . NO NO NO Crystal Springs Road Baker Hill Road Intersection 9 44 3723' 18" Cone NO OK 1/29/13 RN/DO NO NO YES Appendix 10 1of18 393 General Information a! c c ]l $ a! O> * ;; 0 0 ~ Q) c c "i Q) z :g ·u; ..,. a. re a. a. -"iii '6 ~ -"' Q. ~ OI OI E ~~ E OI E u. "*' fl (Xl c > 0 O> ::? (3 ~ 0 "' 0 0 0 0 ~ t:: c re () £ "' "' () f/) -~ E ~ () "' () -i!' ~ Q) OI B "iii $ Q) "O c a. 0 "O ::? ·c ~ > Q) ~ ~ Q) Q) 3 u; OI u; :g iii al ~ g~ iii al iii .g Street Cross Street Address ~ .!::l OI all () Ci (/) a: () a: _, z 0 z () 0 z 0 0 Q. w Crystal Springs Road 5004 -100' south of 9 45 4335' 18" Cone NO s 1/29/13 RN/DO NO NO YES Crystal Springs Road 5004 -150' South of 9 46 4482' 18" Cone NO OK 1/29/13 RN/DO NO NO YES O&M -Crystal Springs Road rd sign/ rd narrows sign 9 47 4774' 18" CGP NO R 1/29/13 RN/DO NO NO YES Crystal Springs Road 4720 9 48 5035' 8" CGP YES OK 1/29/13 RN/DO ' YES NO YES Crystal Springs Road 4674 9 49 5222' 8" CGP NO OK 1129/13 RN/DO YES NO YES Crystal Springs Road CAP L N-6 4640 9 50 5466' 8" NO OK 1/29/13 R N/DO NO YES Crystal Springs Road 4574 -50' North of 9 51 5578' 8" CAP NO OK 1129/13 RN/DO ' YES NO YES Crystal Springs Road 4574 9 52 5706' 8" CAP NO OK 1/29/13 RN/DO YES NO YES O&M Crystal Springs Road 4550 9 53 5893' 8" CGP NO OK 1/29/13 RN/DO ' Y ES NO YES Crystal Springs Road 4360 9 54 6440' 24" CGP YES OK 1129/13 RN/DO YES NO YES Crystal Springs Road 4162 9 55 6792' 18" CPEP YES OK 1/29/13 RN/DO YES NO YES Crystal Springs Road 4132 9 56 6873' 12" CGP NO OK 1/29/13 RN/DO 'YES NO YES Crystal Springs Road parl<ing loV west of dock 9 57 7355' 12" Cone NO OK 1/29/13 R N/DO 'YES NO YES Crystal Springs Road l 50' from dock 9 58 7473' 12" Cone NO OK 1/29/13 R N/DO NO NO YES Crystal Springs Road Crystal (private lane) 9 59 7796' 18" Cone NO Cr 1/29/13 R N/DO NO NO YES Crystal Springs Road 3750 9 60 8220' 8" Cone NO OK 1/29/13 RN/DO ' YES NO YES Crystal Springs Road 3722 9 61 8406' 1129/13 R N/DO . YES NO YES Crystal Springs Road 3692 9 62 8578' 12" Cone NO OK 1/29/13 RN/DO NO NO YES Crystal Springs Road 3500 9 63 9176' 18" Cone NO OK 1/29/13 RN/DO NO NO YES Crystal Springs Road 3390 9 64 9566' 18" Cone NO OK 1129/13 R N/DO NO NO YES Crystal Springs Road 3250 9 65 10060' 18" Cone YES OK 1/29/13 RN/DO ' Y ES NO YES Crystal Springs Road 3150 9 66 10576' 12" Cone NO OK 1/29/13 RN/DO YES NO YES Crystal Springs Road 3090 9 67 10862' 12" Cone NO OK 1/29/13 RN/DO NO NO YES Dapple Court 6450 9 25 236' 12" CAP NO OK 1/29/13 RN/DO NO YES #50 YES D iamond Street Emerald Way 9 118 o· 12" CPEP NO OK 1/29/13 RN/DO NO NO NO Diamond Street 5400 9 6 931' 12" Cone NO OK 1129/13 RN/DO YES -NO YES Island End if road 9 21 683' 18" CGP NO OK 1/29/13 RN/DO NO NO YES Don Palmer Vincent 9 119 O' 8" DIP YES OK 1/29/13 RN/DO YES NO NO Don Palmer 75' West of Vincent 9 120 119' 12" CGP NO R 1129/13 RN/DO NO YES #50 YES Emerald Way Lynwood Center 9 121 o· 12" Cone NO OK 1/29/13 RN/DO NO YES #50 NO Lariat Loop Baker Hill West 9 122 O' 18" CGP NO OK 1129/13 RN/DO NO YES #50 NO Lariat Loop 6186 9 23 1079' 12" CAP NO OK 1129/13 RN/DO NO NO YES Lynwood Center Road Bucklin Hill Road 9 1 133' 12" Cone NO OK 1/30/13 RN/DO YES NO YES O&M Lynwood Center Road Fletcher Bay 9 2 1005' 12" Cone YES OK 1/30/13 RN/DO YES NO YES Lynwood Center Road Fletcher Bay 9 3 11 4 1' 12" Cone NO OK 1130/13 RN/DO NO NO YES Lynwood Center Road 5486 9 4 3503' 18" Cone NO OK 1/30/13 RN/DO NO NO YES O&M Lynwood Center Road 5232 9 7 4318' 36" Cone NO OK 1/30/13 RN/DO NO NO YES Lynwood Center Road 5155 9 8 4424' 18" CPEP NO OK 1/30/13 RN/DO -YES NO YES Lynwood Center Road 5045 9 9 4667' 12" Cone NO OK 1/30/13 RN/DO NO NO YES Lynwood Center Road 4959 9 10 5358' 18" Cone NO OK 1/30/13 RN/DO NO NO YES - Lynwood Center Road Baker Hill Road, 40' North of 9 11 5856' 18" Cone NO OK 1/30/13 RN/DO NO YES #50 YES Lynwood Center Road Baker Hill Road , 40' South of 9 12 6006' 24" CGP NO OK 1/30/13 RN/DO NO NO YES Lynwood Center Road 4760, 85' South of 9 130 6215' 36" CGP YES OK 1/30/13 RN/DO NO NO YES Appen dix 10 2of 18 394 General Information Inspection / 1v1011 ....... _ ~ c: ~ ~ * "' u ~ c: 2 ~ c: 0 0 0 Q) z c: Q) .? "" "i .t::. ~ -"iii i5 tl a. 0 -(") a. a. Q. "(ij ~ ro ~ E .t: :ii~ E ro E lL 'It c: 0 B co 0 "' 0 0 "' 0 ~ 0 0 0 t:: c: ~ .t::. u E "' "' u V) .£ E ~ u "' u --E Q) ~ B ~ u Q) u c: a. 0 2 u 2 ~ ~ ~ > Q) ~ ~ ti al al ~ ~~ al .Q :; N ro ~ "" Street Cross Street Address i5 (i) a: u a: ro ·;: ro ro a: (/) u ...J z 0 z u 0 z 0 0 w Lynwood Center Road 4760. 111' South of 9 131 6234' 12" CPEP YES OK 1/30/13 RN/DO NO NO YES Lynwood Center Road Stop Ahead Sign 9 13 6542' 12" CPEP YES OK 1/30/13 RN/DO NO NO YES O&M Lytle Road Pleasant Beach 9 132 o· 12" CGP YES OK 1/30113 RN/DO YES NO NO Lytle Road Bec k Road 9 88 351' 12" Cone NO OK 1/30113 RN/DO NO NO YES Palomino Drive 4450 9 24 3 18' 12" CAP NO OK 1/29/13 RN/DO NO NO YES Pearl Diamond 9 133 o· 12" Cone NO OK 1/29/13 RN/DO NO YES #50 YES O&M Pinto Baker Hill West 9 123 o· 12" CGP NO OK 1/29/13 RN/DO NO YES #23 YES Pleasant Beach Drive 4175 9 83 1344' 12" Cone YES . s 1/30/13 RN/DO YES YES #23 YES Pleasant Beach Drive Beck 9 84 1897' 12" Cone YES OK 1/30/13 RN/DO YEs NO YES Pleasant Beach D ri ve 3885 9 89 2243 ' 15" Cone YES OK 1/30/13 RN/DO YES NO YES Pleasant Beach Drive 3827 9 90 3055' 18" CGP NO R 1/30113 RN/DO NO NO YES Pleasant Beach D rive Lytle 9 91 3360' 18" Cone YES OK 1/30/13 RN/DO . Y E-S NO YES P leasant Beach Drive 3687 9 92 3920' 12" Cone NO OK 1130/13 RN/DO NO NO YES P leasant Beach Drive 3601 9 93 451 0' 18" Cone NO OK 1/30/13 RN/DO NO NO YES Point White Drive 3187 9 68 978' 12" Cone NO OK 1130/13 RN/DO NO NO YES Point White D rive 3220 9 69 1434' 12" Cone YES s 1/30/13 RN/DO YES NO YES Point White Drive 3378 9 70 2 137' 12" Cone NO OK 1/30/13 RN/DO NO NO YES P oint White Drive 3375 9 71 2363' 12" Cone YES OK 1130/13 RN/DO YES YES #50 YES Point White Drive 3609 9 134 3152' 18" Cone NO OK 1/30/13 RN/DO NO NO YES Point White Drive 3628 9 72 3176' 12" Cone YES OK 1/30/1 3 RN/DO NO NO YES . Point White Drive 3804 9 73 3746' 12" CGP YES OK 1/30/13 RN/DO NO NO YES P oint White Drive 4070 9 74 4551' 12" Cone NO OK 1/30/13 RN/DO NO NO YES Point W h ite Drive 4224 9 75 5160' 12" CPEP YES OK 1/30/13 RN/DO NO NO YES Point White Drive 4308 9 76 5382' 12" Cone YES OK 1/30/13 RN/DO -YES NO YES Point White Drive 4344 9 77 5525' 12" Cone YES OK 1/30/13 RN/DO NO NO YES Point White Drive 4449 -S o f 9 78 6776' 12" Cone NO ? 1/30/1 3 RN/DO NO NO YES -Point White Drive 4449 -N o f 9 79 7003' Cone 1/30/13 RN/DO NO YES Point White Drive 4529 9 80 7311' 12" Cone NO OK 1/30/13 RN/DO YES NO YES Po int White Drive 4552 9 81 7517' 12" Cone NO OK 1/30/13 RN/DO YES' NO YES Point White Drive 4569 -300' past Lynnwood Ct 9 82 7686' 36" Cone YES OK 1/30/13 RN/DO YES NO YES Rhodes End Sorrell 9 135 o· 18" CAP NO OK 1/29/13 RN/DO NO NO YES Rhodes End 4325 9 28 11 36' 12" CAP YES OK 1129/13 RN/DO NO NO YES - Ruby Place Diamond 9 124 o· 12" Cone YES OK 1/29/13 RN/DO NO NO YES Ruby Place 5344 -Ruby Street 9 5 33' 12" Cone YES . OK 1/29/13 RN/DO YES NO -YES Sorrel Way Rhodes. 30' South of 9 29 801' 12" CAP NO Cr 1/29/13 RNIDO NO NO YES -Sorrel Way Rhodes. 100' South of 9 30 1044' 12" CAP NO Cr 1/29/13 RN/DO NO NO YES Sullivan Crystal Springs 9 125 o· 12" Cone NO OK 1/29/13 RN/DO NO NO YES W Blakely 3700 -100· S of 9 98 395' 12" Cone NO OK 1/24/13 RN/CD NO NO YES . WBlakely 3700 9 99 549' 12" CGP NO R 1/24/13 RN /C D NO NO YES WBlakely 3715 9 100 776' 24" Cone NO OK 1/24/13 RN/CD NO NO YES W Blakely 3962 9 101 1297' 12" Cone NO OK 1/24/13 RN/CD NO NO YES W Blakely Beck Road 9 102 1530' 12" CPEP YES OK 1/24/13 RN/CD NO NO YES West Blakley C t 82 11 9 104 210' 12" CAP NO OK 1129/13 RN/DO NO NO YES Appendix 10 Joi 18 395 General Information al c ]l al u C) ]l ~ c ~ ;; c 0 i 5 Q) z Q) c Q) .2 ·c;; .. ti a. J::. a. :g a. -·a; u B -<') Q. 8. <II <II E &i ~ E <II E LL '!lo 8 al c > i5 C) ~ u 8 Ill 0 0 0 0 B t: c ~ J::. .E Ill Ill (.) fl) .5 E ~ (.) Ill (.) -~ Q) <II B ~ u Q) u c a. 0 Q) u ~ ~ ·c ti u > Ci) Q) 8. 8. Ci) al al~ ·5 0 al .g ~ Street Cross Street Address Ji :; N <II <II iii $:ll iii <II all (.) i5 ii) ii: (.) ii: _J ·c: z 0 z (.) 0 z 0 0 Q. w W Blakely Ct 8181 9 105 74' 12" CAP NO OK 1/29/13 RN/DO NO NO YES Alpena CT Barkentine 10 105 o· 12" CPEP NO OK 1129/13 RN/DO NO NO YES 3T's Road 20' from Stop Sign 10 62 25' 18" CPEP NO OK 1/24/13 RN/CD NO NO YES 3T's Road Seaborn 10 61 693' 12" CPEP YES OK 1/24/13 RN/CD NO NO YES 3T's Road Blakely Ave 10 60 896' 18" CPEP NO OK 1/24/13 RN/CD NO NO YES Barkentine 225' West of Rockaway Bluff 10 114 192' 36" CGP NO OK 1/30/13 RN/DO NO NO YES Barkentine 10468 10 113 743' 12" CPEP NO OK 1/30/13 RN/DO YES NO YES Barkentine 160' West of Alpena CT 10 112 1141' 12" CPEP NO OK 1/30/13 RN/DO NO NO YES Barkentine 320'Eastof10326 10 111 1358' 18" CPEP NO OK 1130/13 RN/DO NO NO YES Barkentine 290' East of 10326 10 110 1386' 18" CPEP NO OK 1/30/13 RN/DO NO NO YES Barkent ine 260'Eastof 10326 10 109 1416' 18" CPEP NO OK 1/30/13 RN/DO NO NO YES Barkentine 240' East of 10326 10 108 1441 ' 18" CPEP NO OK 1/30/13 RN/DO NO NO YES Barkentine 10285 10 107 1852' 12" CPEP NO OK 1/30/13 RN/DO NO NO YES Barkentine Blakley Hill 10 106 2407' 12" CPEP YES OK 1/30/13 RN/DO I YES NO YES Bill Point CT Bill Point Drive 128 12" CAP NO OK RN/DO . --- NO YES -10 o· 1/30/13 NO Bill Point Crest Bill Point Drive 10 129 o· 12" CAP NO OK 1/30/13 RN/DO NO NO YES Bill Point Drive Old Creosote 10 130 o· 12" Cone NO OK 1/29/13 PM/CD NO NO YES Bill Point Drive 10792 10 83 684' 12" CPEP NO OK 1/29/13 PM/CD NO NO YES Bill Point Drive Bill Point Circle 10 82 992' 8" PVC YES OK 1/29/13 PM/CD NO NO YES Bill Point Drive Old Creosote 10 131 1600 12" Cone NO OK 1/29/13 PM/CD Y ES . YES #23 YES Bill Point Hill Bill Point Bluff Intersection 10 85 380' 12" CAP NO . OK 1/29/13 PM/CD NO NO YES Bill Point View Bill Point Hill; 10795 10 84 214' 12" CAP YES OK 1129/13 PM/CD NO NO YES Blakely Avenue West Blakely -100' S of 10 49 205' 12" CGP YES R 1/29/13 PM/CD NO YES #50 YES - Blakely Avenue 4130 10 50 572' 18" CPEP NO OK 1/29/13 PM/CD NO NO YES Blakely Avenue Birkland -300' E of 10 51 1193' 12" CPEP YES OK 1/29/13 PM/CD NO NO YES Blakely Avenue Oddfellow -100' Wot 10 52 2045' 18" CGP NO R 1/29/13 PM/CD NO NO YES Blakely Avenue Tani Creek 10 53 2501 ' 18" CGP NO R 1129/13 PM/CD NO NO YES Blakely Avenue Tani Creek -300' E of 10 54 3119' 24" Cone NO OK 1129/13 PM/CD NO NO YES Blakely Avenue Country Club -300' W -10 55 3887' 48" CGP NO OK 1/29/13 PM/CD NO NO YES Blakely Avenue Country Club 10 56 4305' 12" CGP NO OK 1/29/13 PM/CD NO NO YES Blakely Avenue Country Club Road -500' E of 10 57 4824' 12" Cone NO OK 1/29/13 PM/CD NO NO YES Blakely Avenue 3T's 10 58 5359' 12" Cone NO Cr 1/29/13 PM/CD NO NO YES Blakely Avenue 3T's -300' E of 10 59 5694' 18" Cone NO OK 1129/13 PM/CD YES -YES #50 YES Blakely Hill Road 100' N of fire hydrant 10 67 1103' 12" Cone NO OK 1/29/13 PM/CD -NO -NO YES Blakely Hill Road top of hill 10 66 1552' 12" Cone NO OK 1129/13 PM/CD NO NO YES - Boulder Rockaway Bluff 10 116 o· 12" CPEP NO OK 1/29/13 PM/CD NO NO NO Boulder 11011 10 117 34' 12" CPEP YES OK 1/29/13 PM/CD NO NO NO Birkland Blakely 10 132 o· 12" Cone NO OK 1129/13 PM/CD -YES NO NO Eagle Harbor Drive Taylor -600' E of 10 79 1119' 18" Cone YES OK 1/29/13 PM/CD -NO NO YES Eagle Harbor Drive Ravine 10 78 1495' 24" CGP YES OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive Taylor Avenue -E side@ stop 10 77 2526' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive Taylor Avenue -W side 10 76 2622' 18" Cone NO OK 1129/13 PM/CD NO NO YES Eagle Harbor Drive Ravine 10 47 3189' 36" Cone NO OK 1/29/13 PM/CD NO NO Y ES Appen d ix 10 4 of1 8 396 General Information 111.;J,... ___ ~ c c ~ 3l ~ "' ~ :!: ~ 0 i 0 ]i c Q) 2 c z Q) ~ -·c;; .., 0 a. i= a. a. ·n; 'i5 _.g -(") ll. ~ "' ~ E CN E "' E LL "" c u 2! ?' al 0 "' 0 a "' Q) "" 0 ~ 0 0 § t: c -5 () E Cl) "' () f/) .£ E .._ () "' (.) -.?;- I Q) g 2 .,, Q) .,, c .Q. 0 ~ .,, ~ ~ ·c ~ > Q) ~ 1V ~ 7ii al al~ :J 0 al .g Street Cross Street Address :; "' N "' «:: 1V .fr~ "' "' oil () Ci en n: () n: ...J z a z u a z a 0 ll. w Eagle Harbor Drive Ward Street-200' East of 10 46 3312' 18" Cone NO OK 1129/13 PM/CD YES NO YES Eagle Harbor Drive 4889 10 45 4800' 12" CGP YES R 1129/13 PM/CD NO -NO YES Eagle Harbor Drive 4931 -50' East of 10 44 4960' 12" Cone NO OK 1/29/13 PM/CD YES YES #50 YES Eagle Harbor Drive 5173-next to school bus sign 10 42 5604' 12" CGP NO R.Cr 1/29/13 PM/CD YE5 NO YES Eagle Harbor Drive Rose & McDonald 10 36 6507' 12" Cone NO OK 1/29/13 PM/CD NO NO YES O&M Eagle Harbor Drive 5530 10 17 7023' 24" Cone NO Cr 1/29/13 PM/CD NO NO YES Eagle Harbor Drive Wimsey Lane 10 16 7751' 18" CAP YES OK 1/29/13 PM/CD YES NO YES O&M Eagle Harbor Drive 6020 10 15 8563' 18" CPEP NO OK 1/29/13 PM/CD YES" NO YES Eagle Harbor Drive 6148 10 14 8820' 12" CAP NO OK 1/29/13 PM/CD --vES NO YES l NO Eagle Harbor Drive 6148 10 13 8963' 18" Cone YES OK 1/29/13 PM/CD NO YES . Eagle Harbor Drive 6234 10 12 9390' 12" CAP NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6246 10 11 9589' 12" CAP YES OK 1/29/13 PM/CD NO NO YES O&M . Eagle Harbor Drive 100' W of Place 18 10 10 10323' 24" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6382 -800' South of Place 18 10 9 10622' 24" Cone NO OK 1129/13 PM/CD NO NO YES Eagle Harbor Drive 6431 10 8 11046' 12" Cone YES OK 1129/13 PM/CD YES NO YES ' --- Eagle Harbor Drive 6533 10 7 11422' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6605 10 5 11753' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 300' North of 6605 10 4 11966' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6825 10 3 12198' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6863 10 1 12673' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Eagle Harbor Drive 6825 -300' South past 10 2 12426' 18" Cone NO OK 1/29/13 PM/CD NO NO YES Ewing Street Ward Street 10 4 O' 12" Cone NO OK 1/30/13 PM/CD NO NO YES Halls Hill Road 100' W of fire hydrant 10 103 1257' 12'' Cone NO ? 1/29/13 PM/CD YES NO YES O&M Halls Hill Road 300' W of Rockaway Bluff 10 102 1694' 18" Cone NO s 1/29/13 PM/CD NO NO YES Halls Hill Road 200' E of Rockaway Bluff 10 101 2381 ' 12'' Cone NO OK 1/29/13 PM/CD NO YES #50 YES Halls Hill Road 75 'Westof11113 10 137 2881' 12" CPEP YES OK 1129/13 PM/CD NO NO YES Halls Hill Road 11113 10 100 2956' 12" Cone NO OK 1/29/13 PM/CD ~ YES NO YES Harborcrest Eagle Harbor Drive 10 133 o· 12" CGP NO OK 1130/13 PM/CD --vES NO YES Harborcrest 6165 10 134 894' 12" CAP YES Cr 1/30/13 PM/CD --vES NO YES McDonald Avenue 5066 10 22 1781 ' 12" Cone NO OK 1/30/13 PM/CD NO NO YES McDonald Avenue Old Mill Road 10 23 2338' 18" CPEP NO OK 1/30/13 PM/CD NO NO YES Mill Heights 4462 10 118 298' 12" CPEP NO OK 1/30/13 PM/CD NO NO YES New Sweden Avenue Eagle Harbor Drive 10 135 o· 12" Cone NO OK 1/30/13 PM/CD NO NO YES New Sweden Avenue 5062 10 35 1765' 12" Cone NO OK 1/30/13 PM/CD YES -NO YES New Sweden Avenue Pine Street 10 34 2372' 18" CPEP NO OK 1/30/13 PM/CD NO NO NO New Sweden Avenue 4710 10 32 2896' 12" Cone NO OK 1130/13 PM/CD NO NO YES New Sweden Avenue 4616 10 31 3351' 18" Cone NO OK 1/30/13 PM/CD NO NO YES New Sweden Avenue 4575 10 30 3552' 12" Cone NO OK 1/30/13 PM/CD NO NO YES - New Sweden Avenue Old Mill Road 10 127 3945' 12" CPEP YES OK 1130/13 PM/CD NO NO NO Old Creosote Hill Road Bill Point 10 81 2874 ' 12" Cone NO OK 1/30/13 PM/CD NO YES #50 YES Old Creosote Hill Road Eagle Harbor Drive 10 80 3645' 18" Cone YES OK 1130/13 PM/CD NO NO NO Old Mill Road Taylor -200' W of-end Old Mill 10 29 216' 18" Cone NO OK 1/30/13 PM/CD NO NO NO Old Mill Road 4400 -40' W of 10 28 1964' 12" Cone NO OK 1/30/13 PM/CD NO NO NO Append ix 10 S ol 18 397 General Information Inspection / Mou .. ~.·-· al c: -0 al ~ * ~ c: * Cl :!: 0 0 ~ Cl> c: .=1 c: ., 'ti .c: z Cl> :g -'iii 'O 0. -~ -<') 0. 0. CL 'iii 'It 8. Cl! c: 8. ~ E 113 ~ E Cl! E u u. 8 ~ a> 0 (/) 0 Cl Cl 0 ~ 0 0 j t:: c: .c: () .= CJ) CJ) () "'.5 E ._ () CJ) () -i?:" Cl> Cl! ~ iii -0 Cl> -0 c: ,Q. 0 -0 ~ ·c: ~ > u; Cl> 8. 8. u; al al ]! :J 0 J!! al Cl> .Q Street :; N :g iii iii "" Cross Street Address i5 Ci) a: () a: Cl! .ff :a Cl! er. () ...J z Cl z () Cl z Cl 0 w Old Mill Road 4498 10 26 2502' 12" CPEP YES OK 1130113 PM/CD NO NO YES Old Mill Road McDonald Avenue -500' S of 10 25 3216' 18" CGP NO OK 1130113 PM/CD NO NO YES Old Mill Road McDonald Avenue -400' S of 10 24 3476' 18" CGP NO OK 1130113 PM/CD NO NO YES Old Mill Road McDonald Avenue -300' N of 10 21 4376' 12" Cone NO OK 1130113 PM/CD NO NO NO Old Mill Road 5960 -200' from , bottom of hill 10 20 8425' 18" Cone NO OK 1/30113 PM/CD NO NO NO Old Mill Road 5960 -50' S of 10 19 8621' 12" Cone NO OK 1/30113 PM/CD NO YES #50 NO Old Mill Road 6232 10 18 9899' 12" Cone NO OK 1/30/13 PM/CD NO NO NO Pine Street 9850 10 33 236' 12" Cone NO OK 1130113 PM/CD NO NO YES Pine Street end of road 10 104 674' 12" Cone YES OK 1130/13 PM/CD I YES NO NO O&M Pine Way Taylor 10 136 o· 12" Cone NO OK 1130113 PM/CD N O NO NO Pine Way 10373 10 74 454' 12" CGP NO R,Cr 1/30113 PM/CD NO NO YES Rockaway Beach Road 4008 10 99 178' 12" Cone YES OK 1/30113 PM/CD NO NO NO Rockaway Beach Road 4042 10 98 403' 12" Cone YES O K 1/30113 PM/CD NO NO NO Rockaway Beach Road 4284 10 97 1116' 12" Cone YES OK 1/30/13 PM/CD NO NO NO Rockaway Beach Road 4300 10 96 1286' 12" Cone YES OK 1/30113 PM/CD NO NO NO Rockaway Beach Road 4448 10 95 1697' 8"-12" Cone YES Cr 1130/13 PM/CD NO NO NO Rockaway Beach Road 4490 10 94 2002' 12" Cone Y ES OK 1130113 PM/CD NO NO NO Rockaway Beach Road 47 16 10 93 2617' 12" Cone YES OK 1130113 PM/CD YES NO NO O&M Rockaway Beach Road 4912 10 92 3080' 12" Cone YES OK 1/30/13 PM/CD 'YES YES #50 NO O&M Rockaway Beach Road 5020 10 91 3361' 12" Cone YES OK 1130113 PM/CD YE5 NO NO O&M Rockaway Beach Road 5066 10 90 3717' 12" CPEP YES O K 1/30/13 PM/CD Nd NO NO O&M Rockaway Beach Road 5128 10 89 3949' 12" CPEP YES Cr 1/30/13 PM/CD -YES NO YES O&M Rockaway Beach Road 5300 10 88 4663' 12" Cone YES O K 1/30/13 PM/CD YE5 NO NO O&M -Rockaway Beach Road 5492 10 87 5455' 18" Cone YES O K 1130/13 PM/CD NO NO YES Rockaway Bluff 180' North of Halls Hill 10 123 184' 24" CPEP YES O K 1130113 PM/CD NO NO N O Rockaway Bluff 280' S of Wacky Nut 10 122 692' 18" CGP YES OK 1130113 PM/CD NO NO NO Rockaway Bluff 50' North of Wacky Nut 10 121 1066' 18" CGP YES OK 1130113 PM/CD NO NO NO O&M Rockaway Bluff 100' North of Boulder 10 120 1553' 12" CGP YES OK 1/30/13 PM/CD NO NO NO O&M Rockaway Bluff 145' S of Barkentine 10 119 2083' 18" CGP YES Cr 1/30/13 PM/CD NO NO NO Rose Avenue 5393 10 43 64' 12" Cone YES O K 1/30/13 PM/CD NO NO NO Rose Loop Btm of hill -90 degree turn 10 37 974' 12" Cone YES O K 1/30/13 PM/CD YES -NO NO O&M Rose Loop 5839 10 38 1307' 12" Cone NO OK 1130/13 PM/CD NO NO NO Rose Loop 5905 10 39 1506' 12" Cone YES OK 1130/13 PM/CD NO NO N O Rose Loop Ravine 10 40 1873' 12" Cone NO OK 1/30113 PM/CD NO NO . NO Rose Loop 5119 @ 90 degree turn 10 41 2260' 12" Cone YES OK 1/30/13 PM/CD YES NO NO O&M Seaborn Road 10401 10 63 712' 12" CGP YES OK 1/24/13 RN/CD NO NO YES Seaborn Road 10745 10 64 1569' 24" CGP NO R 1/24/13 RN/CD NO NO YES Seaborn Road 10897 10 65 2128' 12" C PEP NO OK 1124/13 RN/CD NO NO YES Taylor Avenue Eagle Harbor Drive 10 75 143' 18" Cone NO O K 1/29/13 PM/CD NO NO NO Taylor Avenue 5083 10 74 1861' 12" Cone NO OK 1129/13 PM/CD NO NO NO Taylor Avenue 5033 10 73 2117' 12" Cone NO OK 1129113 PM/CD NO NO NO Taylor Avenue 5017 10 72 2771' 36" Cone NO OK 1/29113 PM/CD NO NO NO Taylor Avenue 4894 10 71 3066' 24" Cone NO OK 1129113 PM/CD NO NO NO Appendix 10 60! 18 398 General Information Inspecti on I Ma1nten<>1 l\,C .... ~ •• dl c c dl i * Cl * ;;: ~ 0 0 ~ ]'/ c .2 c "" 'i g z :g -·;;; 'O a. -"' a. a. 0. ·n; ~ ro "' E &; ~ E ro E u. "" 8 al c > 0 Cl ~ u if:' 0 (/) 0 0 0 0 5 t:: c .&: CJ £ (/) (/) CJ "".s E ._ CJ (/) CJ -z:.. ~ ~ ro Q) ~ B ~ 'iU " Q) " c a. 0 Q) " Q) ~ 'C ~ Street Cross Street Address :; u; .!:! ro u; :g al iii $~ ·5 0 8 $ iii «! .Q 0 a: CJ a: ro .ff !fl (£ CJ (/) -' z 0 zo z 0 0 w Taylor Avenue 4685 10 70 4001 ' 12" Cone NO Cr 1129113 PM/CD NO NO NO Taylor Avenue 4620 10 69 4 250' 12" Cone NO O K 1129113 PM/CD YES NO NO O&M Taylor Avenue Old Mill Road 10 68 4846' 12" CGP NO OK 1/29113 PM/CD NO NO NO Wacky Nut Rockaway Bluff 10 124 O' 12" CPEP NO OK 1129113 PM/CD NO NO NO Wacky Nut 25' East of Rockaway Bluff 10 125 35' 12" CPEP NO OK 1129113 PM/CD I YES NO NO O&M Wacky Nut 10821 10 126 711' 12" CPEP NO OK 1/29/13 PM/CD . NO-NO NO Ward Ave Ewing 10 12'' Cone YES OK 1/30/13 PM/CD YES -- Welfare Ave 5419 10 86 829' 12" C P EP YES OK 1/29/13 PM/CD --vES NO NO O&M Beans Bight Road 2310 11 80 20' 12" Cone NO I OK 1124/13 RN/CD NO NO NO O&M Beans Bight Road 2124 11 81 532' 12" Cone Y ES OK 1124/13 RN/CD NO NO YES O&M Beans Bight Road 2030 11 82 699' 12" Cone YES OK 1/24/1 3 RN/CD NO NO YES Beans Bight Road 2080 11 83 1157' 12" Cone NO OK 1/24/13 RN/CD N O NO NO Bellair Hilltop -1 oo· N of 11 26 130' 18" CPEP NO OK 1/24/13 RN/CD NO NO YES Country Club Road Blakely Avenue -50' S of 11 9 76' 36" Cone NO OK 1/24/13 RN/CD NO NO NO Country Club Road Fort Ward Hill Rd -300' @ sign 11 10 709' 18" Cone NO OK 1124/13 RN/CD NO NO NO Country Club Road Fort Ward Hill Road 11 59 1064' 12" Cone NO s 1/24/13 RN/CD -YES -YES #50 YES Country Club Road 10254 (100' West) 3 60 1472' 18" CPEP YES OK RN/CD . N6 11 1124/13 NO YES - Country Club Road 10254 11 61 1626' 12" Cone YES O K 1124113 RN/CD NO NO NO Country Club Road 10398 11 62 2489' 24" Cone NO OK 1/24/13 RN/CD NO NO NO Country Club Road 10560 11 63 3314' 12'' Cone NO OK 1124/13 RN/CD NO NO YES Country Club Road 300' W of 10584 11 64 3439' 18" CGP NO OK 1124113 RN/CD NO NO NO Country Club Road 10584 11 65 3803' 18" CGP NO Cr 1/24/13 RN/CD NO NO NO Country Club Road Toe Jam Hill Road 11 66 4069' 12" CGP YES OK 1/24/13 RN/CD -YES 2/13/13 NO NO O&M Country Club Road 10730 11 67 4174' 18" . CPEP NO OK 1/24113 RN/CD NU NO NO Country Club Road 10768 11 68 4323' 12" Cone YES OK 1/24/13 RN/CD NO NO NO Country Club Road 11162 -20'E of 11 69 5589' 12" Cone NO s 1124/13 RN/CD YES -NO NO O&M Country Club Road next to fire hydrant 11 70 5792' 12" Cone NO O K 1/24/13 RN/CD "'YES NO NO O&M Country Club Road 100' E of hydrant 11 71 5951' 12" Cone NO OK 1/24113 RN/CD NO NO NO Country Club Road 300' E of hydrant 11 72 6161' 18" Mix YES OK 1/24/13 RN/CD NO NO NO Country Club Road 400' E of hydrant (4th culvert) near another 11 73 6420' 12" Cone NO OK 1/24/13 RN/CD NO NO NO Country Club Road 500' E of hydrant 11 74 6619' 12" Cone NO OK 1124/13 RN/CD NO NO NO Country Club Road 600' from hyd (6th culvert) 11 75 6902' 12" Cone NO OK 1/24/13 RN/CD NO NO N O Country Club Road 700' E of hydrant 11 76 7290' 12" Cone NO OK 1124/13 RN/CD NO NO NO Country Club Road 800' E of hyd, last 1 to U. Frms 11 77 7695' 8" Cone NO OK 1/24/13 RN/CD NO NO NO Country Club Road S of Upper Farms; toward gate 11 78 8246' 12" Cone NO s 1124113 RN/CD NO NO YES Devenny Evergreen Avenue 11 88 O' 12" C PEP YES OK 1/24/13 RN/CD NO NO YES - Douglas Hilltop 11 23 O' 12" CPEP YES O K 1/24/13 RN/CD -YES 2/13/13 NO YES Douglas 9771 11 22 1055' 18" CPEP YES OK 1/24/13 RN/CD NO NO NO -Douglas 2407 11 21 1442' 12" C PEP NO OK 1/24/13 RN/CD NO NO NO -Evergreen Avenue 9705 11 38 295' 12" C PEP YE S OK 1124/13 RN/CD NO NO NO Fort Ward Hill Road South of Bolero 11 11 1232' 18" Cone NO OK 1/24/13 RN/C D NO NO NO Fort W ard Hill Road Sewer treatment plant, next to 11 12 2442' 12" Mix NO OK 1124/13 RN/CD NO NO NO - Fort Ward Hill Road 2486 11 13 3571' 18" CPEP N O OK 1/24/13 RN/CD YES NO NO Appendix 10 7 of 18 399 General Information Inspection I Maintenance 1111u .... ~··-· al c c * i ]l O> al :!: ~ 0 0 0 c ]! .2 c u z Q) :g -::0 0 a. .c a. ·n; ·o; '6 8. ~ -<') Q. Q_ 8. <II ~ E 5; ~ E <II E u.. 'It ~ Q) c 0 O> :; u >-0 "' 0 0 0 0 j 1:'. c I-.c (..) £ "' "' (..) V> .s E ~ (..) "' (..) -i:-~ ~ 8. 0 8. ~ ,, 2 ,, c Q. 0 2 ,, Q) :; ·c ~ Q) o; u; Q) al ~ $~ al .g Street Cross Street Address 3 .!::! Q) <II <II o; ~ (..) 6 (/) a: (..) a: ~ ·c z 0 z (..) 0 z 0 0 Q_ w Fort Ward Hill Road 2100 11 14 4927' 18" Cone YES OK 1124/13 RN/CD NO NO NO Hilltop Drive Belfair 11 25 198' 18" CGP YES OK 1124/13 RN/CD NO NO NO Hilltop Drive Virginia Ct. 11 24 341' 15" Cone NO OK 1124113 RN/CD NO NO NO Hilltop Drive 9725 11 84 387' 18" CPEP NO OK 1124113 RN/CD NO NO NO Hilltop Drive 9767 11 104 665' 12" CPEP YES OK 1/24/13 RN/CD NO NO YES Kitsap Street 9700 11 15 94' 12" CGP YES R 1124113 RNICD NO NO NO Kitsap Street 200' E of Soundview 11 16 810' 36" CGP NO OK 1/24/13 RN/CD NO NO YES Kono Tani Creek 11 98 O' 12" CPEP YES OK 1/24/13 RN/CD YES NO YES -- Kono Storm Pond 11 99 1019' 12" CPEP YES OK 1124/13 RN/CD NO NO YES Oddfellows Road 8750 11 5 1309' 12" Cone NO OK 1124/13 RN/CD NO YES #50 NO . Oddfellows Road 8784 11 6 1778' 12" Cone NO OK 1/24/13 RN/CD YES YES #50 NO --. Oddfellows Road 8792 11 7 2113' 12" CPEP NO OK 1/24/13 RN/CD NO NO NO . Oddfellows Road Blakely Ave 11 8 2763' 12" CPEP NO OK 1/24/13 RN/CD NO NO NO Parade Ground Evergreen Avenue 11 87 O' 18" CPEP YES OK 1/24/13 RN/CD NO NO YES Parade Ground 155' S of Parkview 11 90 716' 18" CPEP YES OK 1/24/13 RN/CD NO NO YES Parkview Drive 1939 11 28 72' 12" CPEP YES OK 1/24/13 RN/CD YES 2/8/13 NO YES Parkview Drive 1941 11 29 154' 12'' CPEP YES OK 1124/13 RN/CD YES 2/8/13 NO YES Parkview Drive Hilltop Drive 11 30 387' 18" CPEP YES OK 1124/13 RN/CD YES 2/8/13 NO YES Parkview Drive 1912 11 31 511 ' 12" CPEP YES OK 1/24/13 RN/CD YES 2/8/13 NO YES Parkview Drive 1766 11 32 812' 12" CPEP YES OK 1/24/13 RN/CD YES' 2/8/13 NO YES Parkview Drive 1730 11 33 923' 12" CPEP YES OK 1/24/13 RN/CD YES 2/8/13 NO YES Parkview Dri ve . Evergreen Avenue 11 35 1219' 18" Cone NO OK 1/24/13 RN/CD YES YES #50 YES Parkview Drive Evergreen Avenue 11 34 1269' 12" Cone YES OK 1/24/13 RN/CD YE5 2/8/13 NO YES Parkview Drive 1632 11 85 1444' 4" Cone YES OK 1/24/13 RN/CD YES 2/8/13 NO YES Parkview Drive 1574; next to Prkvw Apts 11 36 1705' 8" Cone YES OK 1/24/13 RN/CD YEs 2/8/13 NO YES Parkview Drive dead-end 11 37 2078' 8" Cone YES OK 1/24/13 RN/CD YES 2/8/13 NO YES . Pleasant Beach Drive Campbell 11 1 10' 12" Mix YES OK 1129/13 PM/CD NO NO NO Pleasant Beach Drive 3403 11 2 175' 12" Cone YES OK 1129/13 PM/CD NO NO YES Pleasant Beach Drive Wharf St 11 3 894' 12" Cone NO OK 1/29/13 PM/CD NO NO NO Pleasant Beach Drive 3010 11 4 1700' 10" Cone YES s 1129/13 PM/CD NO NO YES Radio School 9771 ·Douglas 11 20 198' 18" Cone YES OK 1/24/13 RN/CD YES 2/13/13 NO NO Radio School Bellair 11 27 529' 12" CPEP YES OK 1/24/13 RN/CD YES 2/13/13 NO NO Robertson 50' from 2363 11 86 394' 18" CGP YES OK 1/29/13 PM/CD NO NO YES Robertson 2363 11 19 432' 12" CPEP YES OK 1/29/13 PM/CD NO NO NO Sound View Drive 2506 11 17 59· 18" Cone NO OK 1/24/13 RN/CD NO NO NO Sound V iew Drive 2479 11 18 683' 18" Cone YES OK 1/24/13 RN/CD NO NO YES South Beach Drive 10701 -bottom of Toe Jam Hill 11 51 26' 24" Cone NO OK 1/24/13 RN/CD NO NO NO South Beach Drive 10596 -100' W of mailbox 11 50 421 ' 12" CAP YES OK 1124/13 RN/CD NO NO NO . South Beach Drive 10472 · 30' E of 11 49 730' 8" x 2 CPEP NO OK 1/24/13 RN/CD NO NO YES South Beach Drive 10426 11 48 901 ' 12" Cone NO OK 1/24/13 RN/CD NO NO NO . South Beach Drive 10412 -20' East of 11 46 976' 10" Cone YES OK 1/24/13 RN/CD NO NO NO South Beach Drive 10412 -20' West of 11 47 1075' 12" HOPE YES OK 1/24/13 RN/CD NO NO NO South Beach Drive 10376 11 45 1227' 12" CPEP YES OK 1124/13 RN/CD -YES . 2/13/13 NO YES Appendix 10 8of 18 400 General Information Ins~"""· .. "fil "fil "O ]! ]! [I! c c C1I "' ;!; 0 ~ Qj C1I c .2 c 0 i .c z C1I ~ C1I -·;;; '"' a. a. a. '(ij u B -('") c.. ~ "' ~ E :i3 ~ E "' E LL ~ ~ Ill c 0 "' ::E u ~ 0 "' 0 0 0 0 li t: .c (.) E "' (.) U) .5 E ~ (.) "' (.) -i!" C1I c "' a. 0 ~ ~ u ]j "O 2 "O c 2 "O C1I ::E 'C u > C1I ~ (ii ~ u; $ $~ ~~ $ .Q Street Cross Street Address c1l :; N "' ·2 "' "' (ii o'5 I (.) i5 ii5 ii: (.) ii: ...J z 0 zu 0 z 0 0 ct w South Beach Drive 10119 11 44 1957' 18" CGP YES R 1124/13 RN/CD NO NO NO South Beach Drive 10043 11 43 2313' 18" CGP YES R 1/24/13 RN/CD YES 2/13/13 NO YES South Beach Drive 10013 Cone YES OK RN/CD ' -- YES 11 42 2485' 18" 1/24/13 NO NO South B each Drive 9723 11 105 3498' 12" CP EP YES OK 1124/13 RN/CD NO NO YES South Beach Drive 9737 11 106 3600' 12" CPEP YES OK 1/24/13 RN/CD NO NO YES South Beach Drive 9709 11 91 3651' 12'" CPE P YES OK 1124/13 RN/CD NO NO YES South Beach Drive 9519 11 41 3880' 12" CPEP YES OK 1/24/13 RN/CD NO NO NO South Beach Drive 9519 -250' W of 11 40 4032' 24" CPEP NO OK 1/24/13 RN/CD NO NO NO South Beach Drive Fort Ward Hill 11 39 4511 ' 12'" Cone YES OK 1/24/13 RN/CD --YES 2/13/13 NO NO South Beach Drive 132' North of 9340 11 92 4809' 12" CGP YES OK 1124/13 RN/CD "'YES 2/13/13 NO YES South Beach Drive 4 15' North of 9341 11 93 5059' 12" CGP YES OK 1124/13 RN/CD "'YES 2/13/13 NO YES - South Beach Drive 645' North of 937 1 11 94 5303' 12'" CGP YES OK 1/24/13 RN/CD YE5 2/13/13 NO YES South Beach Drive 745' North of 9301 11 95 5394' 12" CGP YES OK 1/24/13 RN/CD YES 2/13/13 NO YES Sunny Hill Circle Fort Ward Hill 11 107 20' 12" CPEP NO OK 1/24/13 PM/CD N O NO YES Sunny Hill Circle AtY 11 108 247' 12" CP EP YES OK 1/24/13 PM/CD NO NO YES Sunny Hill Circle At Fire Hydrant 11 109 315' 12" CPEP YES OK 1/24/13 PM/CD NO NO YES Tani Creek Blakely Avenue 11 96 O' 12'" CPEP NO OK 1/24/13 RN/CD NO NO NO Tani Creek 200' S of Blakley 11 100 238' 12" CPEP YES OK 1124/13 RN/CD NO NO NO T ani Creek 300' S of Kono 11 101 1675' 12" CPEP YES OK 1/24/13 RN/CD NO NO NO Tani Creek 350' S of Kono 11 102 1816' 12'" CPEP YES OK 1/24/13 RN/CD NO NO NO Tani Creek 9255 11 103 2507' 12" CPE P NO OK 1/24/13 RN/CD NO NO NO Toe Jam Hill Road Country Club 11 97 O' 18" CGP NO R 1124/13 RN/CD YES NO YES Toe Jam Hill Road Country Club Rd -20' S of stop 11 58 70' 18" Cone NO OK 1/24/13 RN/CD "'YES NO NO Toe Jam Hill Road 2805 -100' N of 11 57 1184' 12" Cone NO s 1124/13 RN/CD NO NO NO T oe Jam Hill Road 2452 -500' s of 11 56 3450' 12" Cone NO OK 1/24/13 RN/CD NO NO NO Toe Jam Hill Road 2452 -750' S of 11 55 3798' 12" Cone NO OK 1124/13 RN/CD NO NO NO Toe Jam Hill Road 2452 -1000' S of 11 54 4097' 12" Cone NO OK 1124/13 RN/CD NO NO NO Toe Jam Hill Road next to speed limit sign 25 mph 11 53 4770' 12" Cone NO OK 1124/13 RN/CD NO NO NO Toe Jam Hill Road Darden St (pvt) -100' S of 1524 11 52 5342' 18" Cone NO OK 1124/13 RN/CD NO NO YES Upper Farms Road 2685 -100' Sat stop sign 11 79 200' 10" DIP NO OK 1/24/13 RN/CD NO NO NO Appendix 10 9of18 401 General Information Inspection I Maintenance lntormci 11v11 " Q) 2 " " " " !!! c 2 Q) * O> * !: .Q I'll 5 Q) c .2 Codes c 0 .91 ,r:; z :g ..... 'iii ~ u 0. .B -<') a. a. 0.. '(ij S -Separate d, R -Rusted o ut, Cr -Crushed, Q) I'll c I'll E C N E I'll E u. 'II: ~ 0. co c 0 > i:5 O> Q) 'II: ~ C3 >. 0 u 0 c 0 0 0 Mix-se e comments 5 t: c I-,r:; () "' "' () "'·-E ~ () "' () ..... ·~ Q) I'll * ~ I2 ~ 'O c .Q. 0 'O ~ 0 ts > iii Q) Q) ~ 2 Q) I'll ::J 0 Q) ill ~ 0 ~ Street C ross Street Address Q) :; .~ 0. "' -~ I'll Q) .91 g~ 1V o6 it CJ) () i:5 CJ) a: () a: c z 0 z () 0 z 0 0 w Berganio Fletcher Bay 7 I Berganio Fletcher Bay 7 68 18" CPEP NO OK 2/17/12 PM YES 3/9/12 Y ES 23 YES I B ligh Court Start @ Bligh CT ST S ign 7 Bligh Court 8994 7 4 116' 12" CGP YES OK 2/3/12 RG NO NO NO IH 3 c Poss ible Liner Canada ite j Bucklin Hill Road Start @ Stop Sign 7 I : I [ I :i:::: I :: I : : : I : : I : I: I I ! B ucklin Hill Road American l egion Hall 7 40 1422' 12" Cone YES OK 2/16/12 RG NO NO NO CBX2 Cove Landing 7 I I I I I . I I I I I I I : I Cove Landing H ansen 7 65 12" Cone NO OK 2/9/12 RG NO NO NO Eagle Harbor Drive Wyatt/EagleHarbor Sign 7 I Eagle Harbor Drive Ray's 7 42 332' 24" Cone NO s 2/16/12 RG NO NO NO Eagle Harbor Drive Ra y's -100' South past 7 4 1 690' 24" Cone NO s 2/16/12 RG NO NO NO . Fletciler Bay Road Starts @ Stop Sign 7 Fle tcher Bay Road New Brooklyn 7 54 o· 12" Cone YES OK 2/17/12 PM NO YES 50 YES Fletcher Bay Road Jiffy M art 7 8 181 ' 12" Cone YES ? 2/17/12 PM ? 3/9/12 YES 50 YES -- F letcher Bay Road 8489 7 10 973' 12" Cone NO ? 2/17/12 PM ? 3/9/12 YE S 50 YES . F letc he r Bay Road 8152 7 11 2349' 18" CGP NO OK 2/21/12 PM/RG NO NO NO Fletcher Bay Road 8152 7 12 2421' 18" CPEP NO OK 2/21 /12 PM/RG NO NO NO F letc he r Bay Road 8152 7 13 2556' 18" CPEP NO OK 2/21/12 PM/RG NO YES 50 NO F letcher Bay Road High School Road 7 14 2919' 36" CGP NO R 2/21/12 PM/RG NO NO YE S CIP 2 B Video inspected Oct. 2008 F letcher Bay Road 7863 7 27 3685' 18" CPEP NO OK 2/21/12 PM/RG NO YES 50 YES Fletcher Bay Road 7703 7 28 4 135' 24" CPEP NO OK 2121/12 PM/RG N O N O YE S Fletcher Bay Road Johnsonsville Rd 7 29 5075' 12" CGP NO OK 2/21/12 PM/RG N O NO YE S Fletcher Bay Road Island Center Road 7 35 5573' 18" Cone NO OK 212 1/12 PM/RG NO NO YES Fletcher Bay Road 7075 7 36 6 589' 18" Cone NO OK 2/21/12 PM/RG N O YES 50 NO . -Fletcher Bay Road 7044 7 37 6797' 12" Cone NO O K 212 1/12 PM/RG Y ES 4/6/12 YES 50 NO Fletcher Bay Road 6895 7 38 7951' 18' Cone NO OK 2/21/12 PM/RG N O NO YES Flet cher Bay Road -Bucklin Hill Rd 7 39 9220' 18" CGP NO OK 2121/12 PM/RG N O NO . -NO Fletcher Bay Road Starts @ Stop S ign 7 I I I : I I I I I I I I : I I I Flet cher Bay Road Springridge 7 1 687' 60" Cone NO OK 2/13/12 RG N O NO NO Fletcher Bay Road Woodbank 7 55 2045' 18" Cone NO OK 2/10/12 RG Y ES 4/5/12 NO NO Foster R oad Start @ Stop Sign 7 I Foster Road Fletcher Bay 7 48 o· 12" Cone NO OK 2/9/12 RG N O NO NO . Foster Road 5629 7 4 5 1224' 24" Cone N O s 2/9/12 RG N O NO NO CtP 3 B Possible ca ndidate for liner . Foster Road H ansen 7 49 1982' 12" Cone NO OK 2/9/12 RG N O NO NO ' Haley loop Start @ One Way Sign 7 I Haley Loop One W ay Sign 7 56 O' 12" CGP NO OK 2/16/12 RG NO NO NO . Pond Entrance 57 . 1472' 12" PVC Haley Loop 7 YES OK 2/16/12 RG NO NO NO - i Hansen Road Start @ Stop S ign 7 , I Ap pen dix 10 1of12 402 General Information Inspection / 1v101 .. ,v··- "O Q) 2 i "O "O "O !!? c Q) * 0) 2 ~ 0 .,, 0 Q) c .2 Codes c :;:; 0 .s:. z :g Q) -. ·;;; 15 ti a. !:! -(') a. a. a. "iii S -Separated, R -Rusted out, Cr -Crushed , Q) .,, c .,, E CN E .,, E u. * a. c 0 i:5 0) ~ u ~ m 0 > 0 Q) * 0 0 .._ Mix-see comments t: >-(.) u (.) c E ~ (.) (.) i!:' 0 0 c I-.s:. IJ) IJ) IJ) ·-IJ) -. Q) ~ 0 Q) ~ "O 2 "O c .Q. 0 Q) "O ~ ·c ti ti > Q) Q) cu Q) a. al Q) .,, ::> 0 Q) 2 0 ~ Street Cross Street Address Q) ::; N a. a. IJ) £ .,, Q) ~ iIT~ cu Q) .,, «! ·c (/) (.) i5 ii) a: (.) a: E z 0 z (.) 0 z 0 0 a. w Hansen Road Fletcher Landing 7 50 O' 12" Cone NO OK 2/9/12 RG NO NO NO Hansen Road 7763 7 6 407 7 12" Cone NO OK 2/9/12 RG NO NO NO H ansen Road Spring ridge 7 51 5083' 12 " Cone NO s 2/3/1 2 RG NO NO NO IH 3 c Repa ir last four sections H igh School Ro ad ] Start @'Stop Sign I 1 ·1 I I I I : I High School Road Sands Road -100' E of 7 21 1730' 18" Cone NO s 2/16/12 RG NO NO YES High S chool Ro ad Sands Road -100' W of 7 22 2034' 12" Cone NO OK 2/16/12 RG NO YES 50 YES High School Road Westerly (private) 7 23 2392' 18" CGP NO OK 2/16/12 RG NO NO NO High S c hool Road 7224 -just E of 7 24 4327' 12" Cone NO OK 2/16/12 RG NO NO NO . H igh School Road Fletcher Bay Rd, 600" E of 7 25 5394' 36" CGP NO OK 2/16/12 RG NO NO NO High School Road Fletcher Bay Rd, 100" E of 7 26 5854' 18" CGP NO R 2/16/12 RG NO NO NO IH 2 B Island Center R oad I Start @'Stop S ig n I 7 I I I I I I I I I ~L I =i I I L I I I Island Center R oad Fletcher Bay 7 46 O' 12" CGP NO R 2/15/12 RG YES 4/4/12 YES 50 NO IH 2 c Need to replace . Island Center Road sign. 7 30 209' 12" CGP NO OK 2/15/12 RG NO YES 50 NO Island Center R oad 6900 7 31 3290' 12" Cone NO OK 2/15/12 RG NO YES 50 NO . Marshall Road -, Start @ S to p S ign I 7 I I I I I I I I . I :1 I I I I I : I I I l -Marshall Road Island Center Road 7 32 95' 12" Cone NO OK 2/15/12 RG NO YES 50 YES Marshall Road 6550 7 33 91 1' 12" Cone NO OK 2/15/12 RG YES 4/4/12 YES 50 YES New Holland Start @ Stop Sign 7 I I I I I I I I I' I ' I I l New Holland Finch 7 62 O' 12" CGP NO OK 2/16/12 RG NO NO NO . New Holland 8389 7 6 3 433' 12" CGP NO OK 2/16/12 RG NO NO NO P itcai rn 7 I I I I I I I I I I I I I Pitcairn Fletcher Bay 7 66 18" CGP NO OK 2/3/12 RG NO NO NO Potlatc h 7 '· [ I I I I I ' I I 1· I Potlatch Fletcher Bay 7 67 12" Cone NO OK 2/10/12 RG NO NO NO Ridge Ln Start @ Stop Sign 7 : : I I I I I I I I I I I I - Ridge Ln Bucklin Hill 7 58 O' 12" CGP NO OK 2/16/12 RG NO NO NO -Ridge Ln S. of Ledgestone Loop 7 59 1479' 12" CPEP YES OK 2/16/12 RG YES 4/3/12 YES 50 YES Culverts and ditch es block by laindsca ping . Ridge Ln N. of Ledgesto ne Loop 7 60 1569' 12" CPEP YES OK 2/16/12 RG YES 4/3/12 YES 50 YES -Culverts and ditches block by laindscaping. Sports ma n Club Road Start @ Stop S ig n 7 I : I I I I I I I I I I I ---. 2117/12 NO ' Sportsman Cl ub Road retention pond 7 15 763' 12" DI NO OK PM NO YES Sportsman Club Road Sportsmans' Club 7 16 1734' 12" Cone NO s 2/17/12 PM NO NO NO IH 2 B Sportsman Club Road next to the Sportsman Club 7 17 2157' 12" Cone NO OK 2/17/12 PM NO NO NO Sportsman Club Road 8071 7 18 2567' 12" Cone NO s 2/17/12 PM YES 4/3/12 YES 50 NO IH 2 B Sportsman Club Ro ad High S c hool (North of) 7 19 2840' 12" Cone NO OK 2/17/12 PM NO NO YES Sportsman Club Road High School (South of) 7 20 3040' 12" Cone YES OK 2/17/12 PM NO NO YES Sportsman Club Road Finch 7 61 4360' 12" Cone NO OK 2/17/12 PM NO NO YES Spring ridge Ro ad __J Start @ Round Basin I 7 I I I I I I L I I I I _J Springridge Road Bligh CT 7 7 O' 12" CGP YES OK 2/3/12 RG NO NO NO Appe ndix 10 2of1 2 403 General Information Inspection I Maintenance Information "O Q) ~ "O "O "O "O !!! c Q) :!l * O> * ;!; 0 <1J 0 Qi c .2 Codes c 0 z :g -'Ci) :;::; u a. .s:: a. a. '(ij :0 2 ~M a. S • Sepa rated, R • Rusted out, Cr • Crus hed, 8. <1J c <1J E C N E <1J E LL 'Ito c 0 i:5 O> :E [j 8 >-m 0 ti > 0 Q) 'Ito 0 0 0 Mix-see com ments 0 t:'. () () c E ._ () () -.~ c I-.s:: (/) (/) (/) ·-(/) Q) ~ 2 Q) ~ 1i "O c .Q. 0 "O :E u ts > Q) 8. Q) a. ~ :!l ~ ~o Q) :!l Q) 0 & 3 (/) .ti <1J a. (/) 5 iU iU ca Street Cross Street Address Q) i:5 a: () a: O' Ii) it (/) () (/) E z 0 z () w,.., 0 z 0 0 w Springridge Road Fletcher Bay North 7 52 710' 12" CGP YES OK 2/3/12 RG NO YES 23 NO Springridge Road Fletcher Bay South 7 53 755' 12" Cone NO OK 2/3/12 RG NO YES 23 NO Springridge Road 8625 7 64 12" Cone YES s 2115/12 RG NO NO NO Woodba nk Drive I Culvert 171 I I I I I I I I I 1- Woodbank Drive 8741 7 2 O' 12" CPEP NO OK 2/9/12 RG NO NO NO Woodbank Drive 8980 7 3 1021 ' 18" Cone NO OK 2/9/12 RG YES 4/4/12 NO NO . Vincent [ Start @ Stop Sign J 7 I I I I I I Vincent Fletcher Bay 7 47 O' 12" CGP NO OK 2115/12 RG NO NO NO Vincent 50' From F letcher Bay Rd 7 34 61 ' 12" HOPE YES OK 2/15/12 RG NO NO NO CBX2 B yron Drive Start @ Stop Sign 8 r --I ] L I r I I I By ron Drive 10571 8 24 675' 12" Cone NO OK 2/3/12 PM NO NO YES Byron Drive Ferncliff Avenue 8 72 1251 ' 8 " Mix N O OK 2/3/12 PM YES 2/23/12 NO YES Cherry Avenue St art @ Stop Sign 8 Cherry Avenue Dingley Road 8 25 1321' 12" CPEP YES OK 2/3/12 PM NO NO YES Dingley Road J -I 8 I I I I I I I I I I I : I I I I : I I I I Dingley Road 1835 8 26 137' 12" CPEP YES OK 2/9/12 PM NO NO YES Fairview Avenue Sign 8 ' I I I I I I I ~~I I I I Fairview Avenue 841 8 29 136' 12" Cone NO OK 2/13/12 DO NO NO YES Fenton Road Start @ Stop Sign 8 I I: I : I.. I I 1: I I I Fenton Road 10432 8 4 7 178' 18" Cone NO OK 2/3/12 PM NO NO YES Ferncliff Avenue sign 8 ] I I I I I I I I I I I Ferncliff Avenue Yaquina • North side 8 15 1136' 12" Cone NO OK 2/9/12 PM NO NO NO Need to install a CB. Ferncliff Avenue Yaquina • South side 8 16 1167' 12" Cone NO OK 2/9/12 PM NO NO NO . Need to install a CB. Ferncliff Avenue Grand Avenue 8 17 2226' 15" CGP NO OK 2/9/12 PM NO NO Y ES . Ferncliff Avenue 8641 8 18 3047' 12" Cone NO OK 2/9/12 PM NO NO YES Ferncliff Avenue 8480 8 19 3266' 12" Cone YES OK 2/9/12 PM NO NO YES Ferncliff Avenue H.S . 8 20 4467' 18" CPEP NO OK 2/9/12 PM NO NO YES Fir Acres r--Start @ Stop Sign I 8 I I I I L I I I I I I I I I I I I I I Fir Acres North Grow 8 62 O' 12" Cone NO OK 2/10/12 PM NO NO NO Fir Acres South Grow 8 61 825' 12" Cone NO OK 2/10/12 PM NO NO NO G ideon 8 ·-i Gideon Grow 8 63 O' 12" Cone NO OK 2/10/12 PM NO NO NO Gowen Start @ Stop Sign 8 Gowen Wyatt 8 73 O' 12" CPEP NO OK 2110/12 PM NO NO NO Gowen lot 8 52 356' 12" Cone YES OK 2/10/12 PM NO NO NO Gowen end of street, next to pond 8 53 731 ' 36" CGP NO OK 2/10/12 PM YES 4/3/12 YES 50 NO . Grand A venue Start@ Stop Sign 8 I I I I I I I I I I I I I Grand Avenue Ferncliff Avenue 8 21 47' 15" CGP NO OK 2/3/12 PM NO NO NO Poss ible Liner Candidate. Appendix 10 3of 12 404 General Information Inspection I Maintenance Information "O Gl .Sl "O "O "O "O ~ c: * ~ .Sl 0) .Sl ± .,, 0 c: ~ Codes c: .Q 0 z Gl :g Gl -·c;; :5 tl a. s::; a. a. 'iij B -(") a. S • Separated, R -Rusted out, Cr· Crushed, 8. .,, c: .,, E C:N E .,, E lL * ~ co c: 0 > i:5 0) Gl * :i! (3 >. 0 u 0 c: 0 0 0 Mix-see comments 0 t c: I-s::; (.) Ill Ill (.) Ill ·-E ~ (.) Ill (.) -;;.. Gl .,, B 8. n; "O Gl "O c: a. 0 "O :i! 'C: ti tl > Gl Gl 8. Gl .,, ·:; 0 Gl .Sl 3 iii a. .,, :2 Gl iU iU Gl «S 0 ~ St reet Cross Street Address Gl .!::! Ill Gl Gl ~ .IT~ Gl .,, 'C: (/) (.) i:5 (/) a: (.) a: ..!: ..!: z 0 z (.) 0 z 0 0 a. w Grand Avenue 857 5 8 22 882' 18" Cone NO OK 2/3/12 PM NO NO NO Grand Avenue Yeomalt 8 23 4667' 18" Cone N O OK 2/9/12 PM NO NO NO Green Spot Lane I Start @ Stop Sign I 8 I I I I I I I I I I I I I I I I I r-I ' Green Spot Lane 9482 8 9 353' 6 " CAP NO OK 2/9/12 PM NO NO NO IH 2 c Need to rep lace culv ert . Green Spot Lane 9596 8 10 671' 12" Cone YES OK 2/9/12 PM NO NO NO Grow ] I 8 I I I I ~ I I~ I I I I I I I I I I I I Grow Wyatt 8 64 O' 12" Cone N O OK 2/10/12 PM NO N O NO Need to reset firs t 3 sections. High School Road I St art @ Stop Sign 1-:sl I I I I I I I I I I : I I I I I I I I H igh School Road Sportsman -200' E of 8 50 228' 36" CPEP NO OK 2/10/12 PM N O NO NO High School Road Hwy 3 05, 100' W . of 8 46 4430' 48" CGP NO OK 2/1 3/12 PM NO NO . YES lh land 8 I l~I I I I I I I I I I i lhland Lovell 8 65 O' 12" Cone YES OK 2/13/12 PM N O NO YES Lofgren Road Start @ Arrow Sign 8 Lofgren Road Moran 8 5 118' 18" Cone NO OK 2/10/12 PM N O NO YES Lofgren Road 9645 8 6 281' 12" Cone NO OK 2/10/12 PM YES 3/1/12 YES 50 . YES Lofgren Road 9694 8 7 481' 12" Cone NO OK 2/10/12 PM YES 3/1/12 Y E S 50 YES Lofgren Road 250" E of 9705 8 8 932' 18" Mix NO CR 2/9/12 PM NO NO YES C IP 2 c Lovell j Start @Stop Sign 8 Lovell 842 8 74 1550' 12" CGP YES OK 2/13/12 PM NO NO YES CGP YES OK 2/13/12 PM NO NO . YES . Lovell Wyatt 8 66 2593' 18" Lower Lovell Start @ Stop Sig n 8 L . I I I I I I I I I Lower Lovell 155-185 8 59 528' 12" Cone YES OK 2/10/12 PM NO NO YES Lower Lovell 300 Lower Lovell 8 60 797' 12" CGP N O OK 2110/12 PM NO NO YES Madison Avenue Start @ HS Cross Walk 8 I I I I I I Madison Avenue Chu rch of St Cecelia 8 45 266' 12" Cone YES OK 2/13/12 PM NO NO YES -Madison Avenue 15' N of fire hydrant 8 44 634' 18" Cone YES OK 2/13/12 PM NO NO YE S Madison Avenue End of School Zone Sign 8 43 1941 ' 12" Cone YES OK 2/13/12 PM NO NO YES Madison Ave nue of 8 42 2 369' 18" Cone N O OK 2/13/12 PM NO NO YES Madrona I I 8 I I I I i: I I I I I ~ I I l~I I I :1~1 : Madron a Yeomalt 8 75 O' 12" Cone N O CR 2/13/12 PM NO NO YES IH 2 B Moran Road I Traffic Light Pole 8 I I I I I I I L I I I Moran Road from Hwy 8 1 135' 36"-24" Mix YES s 2/14/12 PM NO NO NO Outfa ll separated I erosion und er pipe,CPEP · Cone. Moran Road North of 9725 8 2 421' 12" C PEP YES OK 2/14/12 PM NO NO NO Moran Road 9600 8 3 1300' 12" Cone NO s 2/14/12 PM YES YES NO IH 1 c Need to Ins tall Basin, Extend Pipe and place sock. Moran Road Lofgren 8 4 1884' 12" Cone NO OK 2/10/12 PM NO NO YES Moran Road 9387 8 11 2009' 18" Cone NO OK 2/14/12 PM NO NO NO New Brooklyn I Start @ Stop Sign I 8 I I I I I I I I I I I I I I I I I I I New Brookly n Madison 8 67 O' 12" Cone YES OK 2/10/12 PM NO NO YES Appendix 10 4 of 12 405 General Info rmation Insp ectio n I Ma intenance Information Inspecti on Comme nts "O Q) Q) "O "O "O "O !!! c * Q) * O'> * ;!; 0 iii 0 Q) c .a Codes c .,, 0 .r: z :g -·;;; "ii) 15 0 a. £ -M a. a. a.. S -Separa ted, R -Ru sted out, C r -C ru s hed, Q) (Q c (Q E C N E (Q E u. 'II: ~ a. m c 0 > 0 O'> Q) 'II: ::? u ~ 0 u 0 c 0 0 0 Mix-see comments 0 t c .r: (.) (/) (/) (.) (/) ·-E .._ (.) (/) (.) -]:;-Q) (Q £ Q) (ii "O "O c .~ 0 ~ ::? ·c 0 ts > 1ii Q) Q) Q) a. Q) Q) al ~ ::J 0 .2! * 0 & Street Cross Street A ddress Q) :; .~ a. (Q a. (/) E Q) iii g~ (Q Q) "" "& (/) (.) 0 (/) a: (.) a: c c z 0 z (.) 0 z 0 0 w N ew B rooklyn Storage entrance 8 41 436' 24" CPEP N O OK 2/14/12 PM NO NO NO N ew Brooklyn Sportsman 8 68 1984' 12" Cone YES OK 2/14/12 PM NO NO NO 1--- N ew Lo ndon 8 N ew Lo ndon Finch 8 82 O" 12" CGP N O OK 2/13/12 PM NO NO YE S -Nicholson Place I Start @ Stop Sign J 8 ~1 I r ·1-i I . I I I I I ~ ' ~ Nicholson P lace end of street 8 58 511 ' 12" CPEP YES O K 2/10/12 PM NO NO YES I Pariffitt : I -I a I I : I ' I I I: : =:I: I : : : I ::: I I : I I 1-1 I I Pariffitt Lowe r Lovell 8 76 O' 12" DIP N O OK 2/10/12 PM NO NO YES ~ Pl~asant La~e I I 8 I : [ I I I I ~ . I I I I I I I I I I 'I - Pleasant Lane 31 o· North of Grand 8 48 310' 12" CPEP YES O K 2/3/12 DO NO NO NO Ple asant Lane 7896 8 49 440' 12" CPEP YES OK 2/3/12 DO NO NO NO CB x 2 Robinwood Drive Strat @ Stop Sign-8 I I :1 I ] : I : : : i=: I I I I~ I R obinwood Drive 450 8 37 199' 12" Cone YES O K 2/3/12 DO NO NO NO Need to install a new CB. . R obinwood Drive 45 3 8 36 272' 12" Cone YES O K 2/3/12 DO Y ES 2/23/12 NO NO Shepard Ave Sign 8 I 1: ~ I I . . I ' I I I I l~I She pard A ve Weaver Avenue 132' E o f 8 56 132 ' 24"-48" CGP YES OK 2/3/12 DO NO NO NO Sunday Cove -, Start @ Stop S ign 181 I I : I I I I I : I I :i: : I : I : I I I I , . 1 Sunday Cove Lower Lovell 8 77 144' 12" Mix YES O K 2/3/12 DO NO NO NO CPEP -CGP -. Sunday Cove Lift St ation 8 78 600' 12 " CPEP Y ES OK 213/12 DO NO NO NO ,._ Tiffany Meadows Strat @ Stop Sign 8 I ~, I Tiffany Mead ows 736 8 69 225' 18" CPEP YES OK 2/3/12 DO NO NO NO Wallace I : ' : 1Ca r=:J -I Wallace Grow 8 70 O' 12" CG P Y ES OK 2/3/12 DO NO NO NO Wallace Love ll 8 7 1 . O' . 12" CGP YES OK DO NO NO . NO . 2/3/12 Weaver Avenue North I 1 a LJ:~ ~ I: : I 1: :1 : :1 : I ' I I I -r-J Weav er Avenue North Wyatt 8 79 O' 18" CPEP YES OK 2/3/12 DO NO NO NO Need to install a new lid. ,... Weaver Avenue South Start @ Stop S ign 8 ~ I I I J I " Weaver Avenue S outh 313 8 57 611 ' 12" CPEP N O OK 2/3/12 DO NO NO NO -Willow 8 I I I : I I ] I I l Willow Pa rk 8 80 O' 12' Co ne N O OK 2/8/12 DO NO NO NO Wing Poi nt Ro ad I Start @ Stop S ign I 8 I I I I I I ~-, I W i ng Poi nt Roa d 6760 8 39 1166' 12" Cone YES OK 2/8/12 DO NO NO NO W ing Poi nt Way Start @ Stop Sign 8 W ing Point Way Robinwood Drive W 8 36 210' 12" CGP YES OK 2/8/12 DO NO NO NO . W ing Po int Way 1240 8 34 1166' 36" CGP NO OK 2/8/12 DO NO NO NO . Wing Point Way sign 25 8 33 1464' 36" Cone NO OK 2/8/12 DO NO NO NO Wing Po int Way 11021 8 32 1929' 18" Cone N O OK 2/8/12 DO NO NO NO W ing Point Way 1700 8 31 2831' 18" CGP NO R 2/8/12 DO NO NO NO CIP 3 B Completely rusted out. App endix 10 5of12 406 General Information Inspectio n I Mai ntenance 1nro1111c:1uv .. "O Cl> 2 "O "O "O "O !!:! c 2 Cl> 2 Ol 2 ~ Cl) ._ Cl> c .:! Codes c 0 0 Cl> z Q) ..91 ·;:;; ., 0 u a. .r:. a. :g a. -.(ij :0 B -(") n. S -Separated, R -Rusted out, Cr -Crushed, ~ Cl) c Cl) E CN E Cl) E u. "*' c 0 i5 g> :::E C3 ~ >-CD 0 ·u > 0 Q) "*' 0 0 0 Mix-see comments a ~ c I-.r:. 0 IJl IJl 0 IJl ·-E ._ 0 IJl 0 -~ Cl> Cl) B ~ ~ "O 2 "O c .Q. 0 2 ~ 2 :::E t) u > (ii Q) Q) ~ Cl> Cl> Cl) ~o 0 & Cl> 3 N a. Cl) IJl Cl> Cl) Cl> ..91 iB' ::l Cl) Cl> Cl) Cl! & St reet Cross S treet A ddre ss (/) 0 i5 i:i) a: 0 a: c ·c: z 0 z o 0 z 0 0 w Wing Point Way 1860 8 30 3286' 12' Cone YES OK 2/8/12 DO NO NO NO Winslow Way I I 8 I I I I I I I I I I I I I I I I I I I Winslow Way Eagle 8 40 O' 12" Cone YES OK 2/3/12 DO NO NO NO ~ Wyatt Way I ' Start @ Erickson CL I a · I I I I I I : I I I I [ I I I I I I I J Wyatt W ay Weaver Avenue 8 55 1469' 36" CGP YES OK 2/3/12 DO NO NO NO Wyatt Way Weaver Avenue 8 54 1469' 24" Cone YES OK 2/3/12 DO NO NO NO -Wyatt Way Gowen 8 51 2390' 36" Con e NO OK 2/3/12 DO NO NO NO -Yaquina St ~eet I Start @ Moran sign post r s-1 I I : I I :1 :: :: I l ~I J I 1 I I I : I [ ]~[ .. Yaquina S treet 9870 Yaquina 8 12 1055' 12" Cone NO OK 2/8/12 DO NO NO NO Yaquina S treet 10478 Yaquina 8 13 3007' 18" CPEP NO OK 2/8/12 DO NO NO NO . Yaquina Street 10478 Yaquina 8 14 3074' 15" Mix NO OK 2/8/12 DO NO NO NO CG P -CA P Yeomalt I Start @ Stop Sign -18 I I rJ I I I I I I I I ,~ - I Yeo malt Grand Avenue 8 81 O' 12" Cone NO OK 2/8/12 DO NO NO NO Yeomalt 11778 8 28 1629' 12" Cone YES OK 2/8/12 DO NO NO NO CB x 2 Yeomalt P lace I St art @ Stop Sign I a J I I I J-1 -I I I I I I I I I 1-1--1 ------ I Yeomalt Place 7740 -dead end road 8 2 7 135' 12" Cone NO CR 2/8/12 DO NO NO NO IH 2 c Needs to be repla ced . Appen d ix 10 6 of 12 407 General Inform ation Inspection I Ma in tenance Informa tion Inspection Comments -0 Cl) ~ -0 ~ ~ -0 ~ c .!! Ol .!! :!:; 0 c .2 Codes c 0 0 Cl) z Cl) :g Cl) ·c;; ~ 0 a. .r; a. a. -. ·n; £ -(") a. S -Separated, R -Rusted out, Cr -Crushed , Cl) .,, c .,, E ~~ E .,, E u.. ,., ~ a. Ill c 0 > i5 Ol ~ (3 ->. 0 u 0 c 0 0 0 Mix-see comments 0 t:: c I-.r; (.) (/) (/) (.) (/) ·-E ..... (.) (/) (.) -. ·~ Cl) ~ u ~ <ii -0 -0 c .Q. 0 -0 ~ 0 tS > Cl) Cl) (ij Cl) Cl) .!! Cl).,, ::> 0 .!! 3l .!! 0 & Street Cross Street Address Cl) :; .!:l a. a. (/) :~ Cl) .,, Cl) .91 Jr~ .,, .,, "" ·c: (/) (.) i5 (/) ii: (.) ii: c z 0 z (.) 0 z 0 0 a. w Johnson Road 10551 4 29 292' 15" HDPE YES OK 2/9/11 RG NO NO NO Johnson Road end of road (10688?) 4 30 885' 12" Cone YES OK 2/9/11 RG YES NO NO 2/25/11 O&M Manitou Beach Dri ve 9811 4 40 1601' 18" Cone YES OK 2/9/11 RG NO NO NO . Manitou Beach Drive 10205 4 36 3522' 12" Co ne YES s 2/9/11 RG NO NO NO M anito u Beach Drive Falk Road 4 35 3809' 12" Cone YES OK 2/9/11 RG NO NO NO . M ani tou Beach Drive 10307 4 34 41 34' 12" Cone YES OK 2/9/11 RG NO NO NO Manito u Park Boulevard 10707 4 33 970' 12" Cone YES OK 2/9/11 RG NO NO NO . Murden Cove Drive 9805 4 42 1284' 12" CAP YES OK 2/9/11 RG NO NO NO Mu rden Cove Drive Manitou Beach Dr 4 62 1862' 12" CG P YES R 2/9/11 RG YES NO NO 2/25/1 1 O&M -Parkhill Va lley 4 63 O' 12" Cone YES OK 2/1 /11 RG NO NO NO 2/25/11 O&M Roberts Road 10200 4 19 731' 12" Cone YES OK 2/5/11 RG YES YES 50 NO 2/25/11 O&M Roberts Road 9955 4 21 1633' 12" Cone YE S s 2/5/11 RG Y ES YES 23 NO O&M . Sunrise 12662 4 22 672' 12" Cone YES OK 2/5/1 1 RG NO NO NO . Sunrise 1 1844 4 26 3189' 12" Cone YES OK 2/5/11 RG Y ES NO NO O&M V iewc rest PL Lovgree n Road 4 4 O' 18" CPEP Y ES OK 2/9/11 RG NO NO NO Westwind Court Wind song 4 14 109' 12" CG P YES OK 2/1 /11 RG NO NO NO - Winther Road Sunrise 4 60 2593' 12" Cone YES OK 2/5/11 RG NO YES 23 NO O&M Arrow Po int Drive 10994 5 8 5029' 12" CGP YES OK 2/14/11 PM NO NO NO 2/28/11 O &M Arrow Point Drive 10770 5 9 5 172' 12" Cone YES OK 2/14/11 PM NO NO NO 2/28/11 O&M Battle Point Dri ve 11626 5 14 11177' 12" Cone YES OK 2/15/11 DO NO NO NO . - Justin Court 6498 5 13 1114' 12" CGP YES OK 2/14/11 DO NO NO NO 2/28/11 O&M Olallie Lane 11160 5 25 311 18" CPEP YES OK 2/14/11 DO NO NO NO CBX2 Olympus Beach Road 9678 5 24 1422' 12" Cone YES OK 2/15/11 DO NO NO NO CB X2 Tolo Road West 4929 5 21 5278' 8" Cone YES OK 2/14/11 DO NO NO NO 2/28/11 IH 3 c Need s to be upgraded to a 12' culvert. . North Tolo Ro ad 4480 5 17 1208' 12" CPEP YES OK 2/14/11 DO YES NO NO 2/28/1 1 O&M - 11 3' 12" Cone YES • OK 2/14/11 PM YE S YES 50 NO O&M Venice Loop 11 795 5 4 2/28/11 Venice Loop 11999 5 3 11 26' 12" Cone YES . OK 2/14/11 PM NO NO NO 2/28/11 -O&M . Forest Lane 11190 6 40 176' 15" CAP YES OK 2/8/11 C A NO NO NO 2/28/1 1 - O&M . . ---Forest La ne 11001 6 9 582' 15" CAP YES OK 2/8/11 CA NO NO NO 2/28/11 O&M Koura Road Pinyon 6 4 5306' 18" CAP YES OK 2/8/11 CA NO NO NO Ma iden Lane 1089 3 6 8 496' 12" Cone YES OK 2/8/11 CA NO NO NO 3/4/11 O&M Mandus O lsen Road -6 5 818' 12" Cone YES OK 2/8/11 CA NO NO . NO 2/28/11 -O&M Meadowmeer Lane -Meadowmeer Ln Mandu s Olsen 6 6 38' 12" Cone YES OK 2/8/2011 CA NO NO NO 2/28/11 O&M Miller Road 9415 -B . Gardens drive 6 16 593 1' 12" Cone YES OK 2/1/11 CA YES NO NO 3/4/11 O&M . CB x 2 Miller Road 9171 6 18 6833' 24" CGP YES OK 2/1 /11 CA NO NO NO Miller Road 8927 6 19 7529' 18" Cone YES OK 2/1 /11 CA NO NO NO Miller Road New Brooklyn -N side of 6 20 8272' 12" Cone YES OK 2/1 /11 CA YES NO NO 3/4/11 O&M Appendi x 10 1of2 408 Prior ity N/A N/A 3 3 3 4 3 4 3 4 2 4 1 3 3 4 3 3 3 ID Location Agate Passage Drainage Basin (AP) AP-003 Reitan Road Port Madison Dra i nage Basin (PM) PM-001 Phelps Road at 14519 PM -005 7996 Hidden Cove Road PM-006 8024 Hidden Cove Road PM -NA County Park Road and Park Parking Lot PM-NA Manuel Lane PM-NA Hidden Cove Estates Pond Retrofit PM -NA Euclid Avenue at wetlands Sunrise Drainage Basin (SR) S-003 Sunrise Drive from north of rolling bay to south of Torvanger S-004 NE Day East (SR305 to Sunrise) S-005 NE Mountain View S-007 Lafayette/ Heron Creek S-008 Dripping Water Creek, Sunrise Drive $-NA 10029 Torvanger S-NA Logg Road from Gerte Johnson to Valley and Valley Road from Sunrise to Fa l k $-NA Fay Bainbridge Park/ Sunny Hill Creek Manzanita Bay Drainage Basin (MB) MB-001 Jay Street Flooding MB-003 Venice Loop MB -005 Bergman Appendix 11-Stormwater Con v eyance System 2014 Ranked Project List Deficiency Description/ Justification Lack of Conveyance System, Easement needed but ne ighboring property owner not willing Roadway d rainge across private property was altered by property owner. No easement. Get s Bl ocked. 12" Concrete sep a rated and broken 12" concrete separated 12" Cone. Broken 12", Water overtopping low volume lo cal access roadway at bottom of hill. Pond ov ertops i n st rom ev ents floo d i ng properties 12" corrugated meta l with rusted out bottom . Located between two wetlands. Roadways lack sufficient conveyance and outfalls. Insufficient conveyan ces. Simi l ar to S-003 Repa ir outfall in let deficency . Lack of conveyacnes. Potential to reduce stormwater run off for adjacent bluff properties. Culvert under capacity, Fish Passa g e 36" Concrete separated and crushed . Significant water leaching into cul v ert. 18" Metal cu lvert rusted out Gerte Johnson drainage and outfall improvements addressed in prior capital project. 2012 Brown Wheeler Study recomend s con veyance i mprovements at Logg and Gerte i ntersection. Errosion issues and flood i ng above Point Monroe Drive cu lvert cross i ng. Lack of conveyan ces. Ne ighborhood floods. Lack of con veyances . Lack of conveyances . Roadway floods. Proposed Project Desc r iption/ Est imate Bas is Pro j ect Ty pe Project Cance l led, not practi ca l t o obt ain easements need ed CAPITAL Recommend assisting property owner. Not fi na nci ally CAP ITAL feasib l e or like ly permitab le d ue to we tla nd impacts to re- route conveyance. Refer to Bro wn Wheeler Rep o rt. Repa i r Upsize the culvert Modify control stru cture, co ns id er upgardin g ou t fa ll Monitor and replace if sign s o f ro ad way se ttlem ent. Pro v ide 24 " eliptical culvert for imp ro v ed flow characteristics between wet la nds . Poten t i al o pp ortuni ty for grant funding. Recomndatio n; impliment area d ra inage st udy t o d evelop a lternatives. Ditches, cul verts??? Inlet at embankment pipe modificat i on s. Ro adwa y reconstruction and drainage im pro ve ments. Replace with fi sh pa ssage cu lvert , re m ove d own st ream obstruction to fish passage Address prior to or in conjuction with V all ey ro ad w ay reconstruction. Provide d itc h a nd in le t improvem ents at intersection and on Logg Road be t ween Gert e a nd Vall ey . AC RP-? ACRP -? ACRP-O &M ACRP-O&M ACRP-O&M ? CAP ITAL CAP ITAL , 2 0 14 DES CA PITAL CAPI TAL , 2014CN ACRP-O&M CAPITA L Potent i al opportunity for grant f und ing for "Point Monro e/ CAP ITAL Faye Ba i nbridge St o rmwater Ou tfa ll Imp rov e m ent Pr oject. Refer to LIO documents and Sho r el ine M as t e r Program 2014 update. Ditch and culvert i mproveme nt s. Ditch and culvert improvement s. CA PITA L 6/4/2015 Est im ate 177 K 409 3 4 3 3 1 2 3 3 3 4 3 2 4 2 4 4 M B-006 Dock Street MB-007 Miller Road at Manzanita Creek MB-018 Battle Point Dr. and Skin ner Ln . MB-NA MB-NA MB-NA MB-NA Mazanita Drive Conveyance Improvements (from Dock Stee t to Day Road) 12520 Manzanita Drive Culvert Replacement 12662 Manzanita Drive Arrow Point Drive Murden Cove Drainage Basin (MC) MC-007 Biscut MC-NA Wardwell from Trippl e Crown to McRedmond and Wardwell east of Biscut MC-010 8530 Koura at Meigs Creek MC-NA MC-NA MC-NA MC-NA MC -NA MC-NA Wardwell from Tripple Crown to McRedmond and Wardwell east of Biscut Wardwell at Woodward Creek 7654 New Brooklyn 9482 Green Spot Lane North Madison and SR305 at Murden Creek Sa lt Marsh and Creek Restoration Fletcher Bay Drainage Basin (FB) Appendix 11-Stormwater Conveyance System 2014 Ranked Project Li st Degraded outfall pipe. This area lacks conveyances and it is A drainage study was conducted in 1997 outlining the issues ACRP -? suspected that historical drainages have been blocked. The in this area. Recommend Repair pipe and install tidal action property on the south side of the roadway floods during projection for pipe. This project should be undertaken in storm events. adva nce of or combined with MB-019 36 " Cone. Inadequate for fish passage. Culvert in OK condition as to 1-2-14 Recommendation; upgrade for fish passage Estimate from CAPITAL 2001 SWMP. Lack of conveyances. Roadway and Neighborhood floods. Lack of conveyances on Manzanita Drive from Dock to Day. Adjacent properties on the East side of the road near Day Road flood durring storm events . 12" Cone. Culvert w/ separation. Recommend improving ditches, culverts, etc. Recommend conveyance improvemnts along Manzanita Drive from dock street to day road . Thi s project cou ld be combin ed with MB-006. Replace and upsize cu lvert. CAPITAL ACRP 12" Cone. Culvert, Partly seperated Recommend replacement. CAPITAL Ponding water on roadway. Conveyances needed. Install catch basin at low point and c ross culvert outfalling to O&M? parks property with existing swa le Water overtopping roadway at culvert? Lack of conveya nces, water on roadway. 24" Cone. OK condition 2007 . Water does not adequately drain along roadside . Gravel Culvert and ditch work? Combine with Wardwell work near Bucksit intersection? Provide co nveyance improvements. Recommend upgrade for fish Passage Culvert. Consider if lower reaches upga rded . Recommended; conveyance and water quality from adjace nt roads at intersection washes onto roadway improvements, extend ing pavement at Bucksit approach. and into storm conveyances. Roadway su rfacin g in poor Combine with roadway repair/ reconstruction. Project condition. under design in 2014 . Cu lvert backs up during storm events and roadway overtops. Recommend replacing existing culvert with fish passage Creek identified for fish . cu lvert. Project under design in 2014. CAPITAL 18" Metal Culvert w/ bottom rusted out. Wetaland on both Recommendation; monitor and replace if signs of roadway CAPITAL sides of the road. 12" Metal culvert that is rusted out. settlem ent. Replace cu lvert Planning and coordination with WSDOT needed to address Recommend replacing existing cu lv erts with fish passage long term preservation needs. This is one of the Island s largest fish bearing creeks cu lverts. Restore function of sa lt marsh and creek altered by man to Replace tidal control gate and outfall with large culvert. improve water quality. Restore manitou creek to the N Madison r oadway embankment ACRP-O&M CAP ITAL 3 FB-001 10288 Battle Point Drive, near N. Tolo Flooding over roadway. and Skinner 3 FB-003 Spr in gRidge Flooding over road in three placed . Road lacks ditches and cu lverts 6/4/2015 463K 410 3 2 2 4 3 4 3 3 3 3 3 4 2 3 4 ? 3 2 3 FB-005 FB -006 FB -007 FB-NA FB -NA FB-NA Appendix 11-Stormwater Conveyance System 2014 Ranked Project List Miller Road at ls sei Creek Undersized cu lverts. Replace culvert. Upgrade size fo r capacity and fish passage . CA PITAL Estimate from 2001 SWMP . High School Road at Springbrook Creek 36" Culvert w/ bottom rusting out. Should be upsized for Replace cu lve rt. Upgrade size for capacity and fish passage . CAP ITA L future capacity. Fletcher Bay Road at upper Springbrook 24" metal culvert w/ bottom rusted out. Undersized culvert Replace culvert. Upgrade size fo r capac ity and fish passage . CAPITAL Creek backs up during storm events. High School Road near Fletcher Road at Existing creek is ditched along High School Road. Springbook Creek 4929 Tolo Road 6" Cone. Undersized Fletcher Bay Road at lower Springbrook Long term culvert preservation Creek Cons i der creek enhasement of ditched area at time when fish passage culverts a r e upga r ded Replace/ Upgrade Consider trenchless repairs/ maintenance CAP ITAL ACRP -O &M CAPITAL Eagle Harbor Drainage Basin (EH) EH-010 Wyatt Detention Roadway overtops, downstreem flooding Im provements needed rang ing from upgarding conveyances t o detention. Further study nee ded . EH -011 Park Avenue near Wing Point Golf Club. Lack of conveyances. Refer to 2012 Area Drainage Study by Brown Whee ler. Recommend conveyance improvements to Dingly, Park , Alder, Cherry. EH-020 EH-20b EH-021 EH-023 EH-034 EH-039 EH-040 EH-NA EH -NA EH-NA EH-NA Yeomalt South Outfall Yeomalt North Outfall Fairview/ Madrona Gowen Creek Ferncliff / Grand Lovell Wing Point Road Wing Point Way at Small Ravine 1700 Wing Point Way Waterfront Park Outfall 7740 Yeomalt Place South Outfall -Outfall backs up at high tides flooding the easement area and adjoining propery yards. Th is o utfall drains signficant upland areas. North Outfall backs up at high tide and floods low area s Recommend upgrading outal l to all ow fo r ove rd r ai nage of CAPITAL backed up pipe a long seaward areas of the easement and or d i scharing to the intertidal zone and i ns ta ll ing a check va lve. Recommend upgrading outfal l to discharge below intertida l CAP ITAL along roadway conveyance. Also it plug s up with sands & zone and installing check valve. This coveyance is too lo w silts and is a maintenance problem . to tie into the sou thern outfall and thus additional easements are needed . Re commend reso luti o n of long term easements for maintena nce and upgrad i ng. Potential oppo rtunity for grant funding. Lack of conveyances. Standing water along roadways and Refer to 2012 Area Drainage Study by Brown and Wheeler. pond i ng on Madrona. Fish passage blockage from old dam on private property. 15" CMP culvert rusted out & crushed . Conveyance improvements needed . Old stormpiping needs replacement Recommend conveyance improvements to Yeom alt, Dingley, and Madrona. Replace culvert. Repair ditches and culverts, Pro vide new st o r m piping and catch basins as needed. Included in scope for Wing Point W ay NM Improve me nt Project. ACRP CA PTIAL Existing 36" metal cu lvert rusted out. Outfall repai r ed. Slip !inning? Included in scope for W ing CAPTIAL Existing 18" metal culvert with bottom rusted out. Existing 12" concrete outfall to deep water is loc ated in tidelands. DNR has not renewed lease and required reconfiguration of the outfa ll. 12" Concrete Point Way NM Improveme nt Project. Replace culvert. Reconsruction outfall. Provide water quality improv ements . Potential opportunity for grant funding w ith "Waterfront Park Bulkhead Removal and Conveya nce Retrofit Project" Replace culve rt. 6/4/2015 AC RP CAPTI A L ACRP-O&M 201K $100k $100k $125K 411 4 4 2 4 4 3 3 1 3 2 3 3 3 2 3 1 3 4 EH -NA EH -NA EH-NA EH -NA EH-NA Foot of Madison East Winslow Way Eagle Harbor Drive at Cooper Creek, Head of the Bay Winslow Way at Ravine Creek Wyatt at Sportsman's Club Creek Gazzam Lake Drainage Basin (GL) GL -001 Hansen Road GL-003 Upper Crystal Spring Drive Appendi x 11-Sto rm water Conveyance System 2014 Ranked Project List Significant oi l sheens observed at o utfall. ID DE ha s resu lted Provide water quality structure. Potential Grant CAPTIAL in clean up efforts. Thi s urban area l acks water quality Opp ortunity. improvements. This urbani zed area la cks water quality improvements. Consider retrofits for outfall s in areas East of the Winslow CAPTIAL Existing cu lverts overtop during storm events at high tides . Also adjacent Ray's Automotive floods . Long term culvert preservat ion Long term culvert preservation Lacks conveyances. Shoulder flooding and er rosion . Driveway and property flooding. Sun set is a gravel r oadway and material wa shes onto paved areas on Hansen . Lack of conveyances . Road runoff caus ing erroson of private property. Ravine to Ferncliff. Potential Grant Op por tun ity. Pro vide fi sh passage cu lvert or bridge. Raise roadway? M ay be incorperated into a larger restoration project for shore lin es and h abi t at Consider trench less repairs/ maintenance Con sider trench le ss repai r s/ ma intenance Recommend conveyance improvements nad roadway shoulder repairs CAPITAL GL-NA GL-NA 4574 Crysta l Springs 4674 Crystal Springs 8" Aluminum Culvert unders ized 8" Cone . Culvert undersized Replace/ Upsi ze Replace/ Upsize to 12" ACRP -Contr. 8.5K Pleasant Beach Drainage Basin (PB) PB -001 Lynwood Center PB -005 PB -NA PB -NA Oddfellows Rd. 5344 Ruby Pla ce 3601 Pl easan t Beach Driv e so uth of Oddfellos intersection at un -named creek Eagledale Drainage Basin (ED) ED-003 New Sweeden Av . ED-004 Taylor Av . at S-turn Coveyanece improvements and tidal gate needed . Blo cked cul vert on private property. Floods road . 12" Cone . Road setteling . Condition OK per TV inspection in 2013 . 12" dia. Cone. Culvert undersized . Flooding of roadway. Outfall purched and cr eek in sized . Upper -Double cu lvert undersized . Flooding of roadway. Lower -36" Con cr ete cu lv ert has lost section du e to errosion. Upsi ze culverts for fis h passage . CIP#00065 . Design completed. Replace Work deferred until easeme nts can be secured from proprety owner to up size downstreem conveyances . Recommend Temporary repairiong roadway with CDF backfill to cap culvert. Rep lace with new upsized cu lv ert. 0% Estimate is assumed number for n on fish passage replacement. ACRP -O&M CAP TIAL, 2014 ACRP-O&M CAPTIAL ED -NA 5530 Eagle Harbor Drive at McDonnald 24" Concrete Cul ve rt deteriorated and sepera ted rusulting in Consider trenchless repairs/ ma intenance. 0% Estimate CAPITAL ED-NA ED -NA Creek water leaking out into embankments. Roadway assumes cu lvert can be r epaired using trenchless methods. emba nkm en t material is being washed out and cracks hav e developed in the roa dway shou ld er. Pipe section at outfall h as seperated and dropped. Rose Loop at Ravine Roadway emba n kme nt errosion CIP#00041 Rose Loop, NE corner to Eagledale Park . 2600 ft abandoned sewer line needs to be filled Study, Collaborate with Parks Department 6/4/2015 CAP ITAL $SOK $100K 412 1 4 2 4 4 2 4 4 4 4 3 4 3 2 ED-NA ED -NA ED-NA Appendix 11-Stormwater Conveyance System 2014 Ranked Proje ct List 10373 Pine Way 12" metal with bottom rusted out Eagle Harbor Drive at Wisky Creek Long term culvert preservation Eagle Harbor Drive at Creaosote Creek Long te rm cu lvert preservation, Outfall damaged by land slide. Replace culvert Consider trench less r epai r s/ maintenance Ins pec t culve rt, downsteem vau lt, and outfall structure. Develop repair recommendations fo r ou tfall and cons ider t rench less repairs/ maintenance. ACRP-O&M CAP ITAL Blakely Harbor Drainage Basin (BH) BH -004 Seaborn Rd. and 3T's Rd culverts. Culverts in poor condition and undersized. Consider combin ing this project with Blakely Hi ll CAPITAL BH-NA BH -NA BH -007 BH-NA BH-010 BH -0 11 BH-012 BH-013 BH-NA BH-NA Intersection drainage at Blakely Hill Rd. & Halls Hill Rd . reconstruction and drainage repair s. The ditch and culvert become inindated with sedement and O&M completed ditch and inlet maintenance in 2012. back up resu lting in sheet flow across the intersection. Recommend providing a more robust conveyance and inlet. Consider combining this project w ith repa irs to Blakely Hill Road. Halls Hill at Blakely Falls Creek. Bottom of culvert rusted out. Designated for fish passage. Design completed in 2013 and constructi on pen d ing fu nd ing. CAPITAL Undersized per engineering report produced for developer that constructed detention pond upstream. May proceed now that culvert at Seaborne has been addressed. Country Club Road at Mac's Dam Creek Headwall undercut. Seperat ions. Salmon observed at head of culvert. Debris -Bolde rs, Timbers . Replace existing old large diamter concrete cul vert with fish CAPITA L passage cu lvert. Mac's Dam Creek from Country Club to Macs Dam Creek gradient likely suitable for fish spawning. Study creek restoration and water quantity/quality. Cr eek CAPITAL Blakely Avenue Creek insized . restoration. Potential mitigation site for Seabo rne. Blakely Avenue at upper Macs Dam Creek 10566 Country Club Rd. at Crane Creek Fish Pas sage improvemen t s needed . Address i ng outfall conditions may improve fish passage. 12" & 15" diameter concrete pipe. Appears curved. 2.5' perch at outfall. Recommend completing lower reach fish passage improvements pr io r . Recommend moniotiring and p lanning for repa ir in longer term . Blakely Avenue , East of Country Club Rd . 12" diamter culvert under capacity. Halls Hill Road and intersection at bottom of hill re -allignment and improvements Blakely Hill Rd. Stabilatation and Reconstruct ion Blakley Avenue and 3T's area drainage . (Also refer to BH-013) A raised pavement edge and uphill ditch convey water off the hill. A re cosn t r ucted roaway may in clud e tight lin e drianage to improve stromwater drainage. Proposed improvement proj ect would re-allign Ha ll s Hill road and the intersection with Blake ly Avenue, Blakely Hill, Seaborn, and 3T's road. Crane Lake Creek erroding Blakely Hill Road embankments. Raised pavement edge provided at Ha lls Hi ll to addres s Low traffic vo lume Blakely Hill restricted to one l ane for two roadway drainage. CIP# 00045 -Halls Hill/ Blakely Hill way traffic. Drainage of Halls Hill Road important to remove Inte rsec tion and uphill roadwa y sections, ro adwa y and water from potenti ally unstable hill side. stormwater improvements. This area is flat and does not drain well. Blakely avenue Address drainage in the v i city of the base o f Blake ly H ill , overtops durring storm events . Th e ditches are inadquate Halls Hill,and Blakely Avenue , a nd 3T's roads . Th is work at the base of Blakely Hill and water sheetflows th rough the shou ld be icluded in BH-013 . If funding cannot be made intersection. avialable for BH-13 then th is work should be addressed sooner. Potential grant opportunity for "Bl akely Hill Road Dra i nage and Outfall Improvement Proje ct ". 6/4/2015 CAPITA L CAPITAL CAPITAL CAP ITA L 413 2 3 3 1 BH-NA Appendix 11-Stormwater Conveyance System 2014 Ranked Project List Country Club Road from East ofToe Jam Existing diche s not adequately sloped to drain. Stormwater Reconstruct roadway and drainage. Raise road way at t ime CAPITAL to revetment. overtops roadway and two fronting properties are often flooded during storm events. of reconstruction and reprofi le ditch system for positiv e drainage. South Beach Drainage Basin (SB) SB-NA 10039 South Beach Drive Water falls off embankment and overflows drainage course Operation and Mainteance pro v ided rock barr ier to d irect CAPITAL SB-NA SB-NA flooding two properties across the roadway flows to ditch. Consider additional channeling and upsiz ing covneyances to north. Toe Jam Hill Road at Southbeach Creek Erosion at toe of roadway embankments. O&M repaired with rip rap a few years ago. Errosion continues. Monitor and repa ir as need ed. Recommend proj ect to restore insizing of cree k to address errosion and provide for creek habit restoration . Deveny Avenue at culd -i-sac Road and drainage improve ments not completed by developer. Errosion problems have been reported. Recommendation; impliment a interim project to address drainage and maintain acces s unti l fron t ing properties are developed. 6/4/2015 CAPITAL O&M? 414 Appendix 12 -SSWM ERU Property Class (Value -Description) 111 -Single Family Residence 118 -MH -Leased Land .11§ -MH -~eal Property 121 -Duplex 122 -Triplex 123 -Four Units 131 -5-9 Units 132 -10-14 Units 133 -15-19 Units 134 -20-29 Units 135 -30-39 Units 136 -40-49 Units 137 -50+ Units - 138 -Retirement Apts. 141 -Condo, Residential 150 -MH Community 160 -Hotels and Motels 161 -Bed and Breakfast Lodging ~ 170 -Institutional Lodging 180 -Other Residential ~ 183 -Sheds and Garages 198 -Cabins 210 -Food Product Manf. 230 -Apparel/Fabric Manf. 240 -Wood Products Manf. 250 -Furn. & Fixtures Manf . . ~70 -Printing & Publishing 320 -Clay & Glass Products 340 -Fabricated Mtl Prod. 390 -Misc. Manf. 410 -Railroads 420 -Motor Vehicle Transport .430 -Aircraft Transport 440 -Marine Trans2_ort 4~9 -Totally Esmt Encumbered 460 -Parking 470 -Communications 480 -Utilities 483 -Water Systems 485 -Sanitary Landfills 486 -Stormwater Retention 489 -State Assessed Utilities 490 -Other Utilities 500 -Commercial Condo or Slip 510 -Wholesale Trade 520 -Retail Bldg Materials 530 -Retail , General Accounts 77801 3 172 32 - 6 - 9 5 1 2 6 - 2 4 1121 1 6 3 119 25 1 1 8 1 5 8 1 5 ERU's 8572 3 - 182 50 7 - 15 18 5 37 -88 81 -- 96 1125 65 41 3 157 28 76 57 125 1 30 8 12 39 415 Appendix 12 -SSWM ERU Property Class (Value -Description) Accounts ERU's 540 -Retail, Food 541 -Conv. Store w/Gas Pumps 3 44 543 -Conv. Store w/o Gas Pumps 545 -Chain Type Groceries 550 -Retail , Automotive 551 -MH Home Sales Lot 559 -Auto Wrecking Yard 560 -Retail, Apparel 570 -Retail , Home Furn . 580 -Restaurants 6 30 581 -Fast Food 1 24 582 -Tavern 590 -Other Retail Trade 71 238 591 -Neighborhood Center 7 67 592 -Community Center 6 174 593 -Regional Center 610 -Finance, Insurance , etc. 611 -Banks 8 83 620 -Personal Servicex 624 -Cemeteries 1 0 630 -Business Services 637 -General Warehouse 25 178 638 -Mini-Warehouse 7 1 14 640 -Repair Services 10 80 641 -Service Stations 650 -Professional Services 1 10 651 -Medical/Dental Offices 8 46 653 -Hospitals 656 -Convelescent Centers 4 49 660 -Construction Services 670 -Governmental Services 9 112 680 -Educational Services 9 566 690 -Misc. Services 138 421 691 -Churches 15 151 710 -Cultural Activities 1 14 720 -Public Assembly 4 15 730 -Amusements 7 40 -Recreational 5 64 744 -Marina 6 18 750 -Resorts/Group Camps 760 -Parks 15 242 790 -Other Re c reation 810 -Agricultural (not O .S.) 820 -Agricultural Related 822 -Veterinarian Services 1 4 830 -CU Agriculture 22 26 840 -Fishing & Related Services 416 Appendix 12 -SSWM ERU Property Class (Value -Description) 850 -Mining & Related Services 880 -Forest Land 890 -Resource Production _910 -Undeveloped Land 911 -Common Area 920 -Non-Commercial Forest 930 -Water Areas 939 -Tidelands 940 -CU Open Space 950 -CU Timber 999 -Other Undev. Land Totals Accounts 6 205 2 2 59 10 1 9995 ERU's 2 241 24 7 96 12 1 14074 417 • . ' -. -. Utility Advisory Committee (UAC) Recommendation To the Bainbridge Island City Council To Restructure SSWM Utility Fee Policy SUBJECT The Utility Advisory Committee (UAC) recommends that the City Council amend and restate Bainbridge Island Municipal Code (BIMC) chapter 13.24 to restructure, revise and clarify the fees chargeable by the Stonn and Surface Water Management (SSWM) utility, as described in this recommendation and its attachments. KEY ASSUMPTIONS The fee structure would take effect in January 2013. The delayed effective date would allow the C ity Administration adequate time in 2012 to: (I) re-measure parcel s according to new definition s, (2) recalculate discounts according to new criteria, and (3) reinvent the data tracking, calculation and fee- collection data system with the County T reasurer. The recommendation sets a rate structure policy. The City Council would retain the authority and responsibility annually to set the actual SSWM ERU Rate for the next year. FACTUAL BACKGROUND In 20 I 0, the City Council was presented by the Administration with proposals to clarify BIMC 13 .24, but the Council expressed a preference to identify the underlying p ol icies of the rate structure and proceed with a more orderly rewriting of those provisions of the Code. In Spring 201 l, t he City Manager invited the UAC to review policies of other municipalities and recommend policies for COBI's SSWM rate structure. The UAC then promptly formed a subcommittee consisting of UAC member Sarah Lee (chair), citizen Robert Dashiell, and Council I UAC liaison Barry Peters. The subcommittee met on mo re than a dozen occasions over 6 months, reviewed City policies and practices, analyzed the c odes of more than a dozen other municipalities, and, after conferring with the COBI Finance Director, presented recommendations to the UAC, initially in September 201 l. The UAC voted on elements of the recommendations on October I I, 2011,and unanimously voted on November I, 201 l to recommend the rate structure proposal described herein . TERMS OF RECOMMENDED RA TE STRUCTURE The UAC recommends acting in 2011 to amend and restate BIMC Chapter 13 .24 as follows, and as further illu strated in the slides attached to this memorandum and the attached proposed rev ised ordinance: I. The amended and restated BIMC Chapter 13 .24 would be effective January I, 2013. Council adoption of such am e ndments would create a finn and final roadmap for the Administrati on to implement. The effective date would allow time during ca lendar year 2012 for the Administration to implement the new rate structure, definitions and discounts, as mentioned above . Appendix 13 418 2. The SSWM fee structure of Ch . 13.24 shall, as before, apply to a ll par cels of real prop erty on Bainbridge Island, however, undeveloped parcel s and parcels with le ss tha n 500 square feet of "Hard Impervious Surface" shall be exem pt from SSWM fees. 3 . The term "Hard Impervious Surface" shall replace the term "Impervious Surface", and shall mean a hard surface (s uch as a building o r structure, roof, or hard-surface paving material, etc.) that is impervious t o water, but the definition will expressly exclude partially-pervious surfaces such as gravel, pervi o us pavers, pervi ous con crete, pervi ous blacktop, lawns, turfs, or compressed so il s. 4. An "Equival ent Residential Uni t" factor ("ERU Factor") shall, as before, be 3,000 sq. feet. 5. The City Coun ci l s hall determine for each calendar year a "SSWM ERU Rate", which shall be expressed as a fee per annum per ERU (e.g. $146 . 76 per annum in 201 1 ). 6 . In genera l, the SSWM fee fo r each parcel other than a s ing le -fam ily residential parcel shall be determined as follows: • Square fee t of Har d Imp ervious Surface • Divided by the ERU Facto r • Times the SSWM ERU Rate fo r the y e ar • Times 30%, if the parcel is Low Intensity (i.e. less than 15% Hard Imperv io us Surface) • Times 50%, if an app li cable SSWM discount app li es. 7. Applicable discounts inc lu de: • Ct:rtain 50% discounts available t o parcels other than S in g le -Fam il y Residences : e .g ., fo r practices of sto rmwater m anagement, low impact development a nd the lik e , o r fo r properties governed by a NPDES pennit, which therefore exhibit features th at the City seek s to encourage. • Certain 50% di scounts on resid e ntial properties fo r certain low-income owners, or fo r rental accommodati on c reated to assist income-qualified tenants. 8. O th e r details of the recommendation are as depicted on the s li des attached to this memorandum, and in attached proposed rev ised o rdin a nce for review and rev is ion by th e City Attorney as approp riate. CONCLUSION The Ut ili ty Advisory Committee recommends the adoptio n of a clarified and refined SSWM fee structure as described herein and on the attached slides and proposed revised ordinance. Adopted by th e Uti lity Advisory Committee o n November 1, 201 1. Dated:&~ d.1 ~\\\ \ Attachments: (I ) II lu stra tive Slides; (2) Propose d Revised Ord inance Appendix 13 419 SSWM Rate Structure Storm and Surface Water Management (SSWM) Utility UAC Subcommittee: Sarah Lee, chair I Robert Dashiell I Barry Peters November I, 2011 Recommendation to Council By Utility Advisory Committee Scope of Proposal SSWM rate structure What factors should affect fees? How should fees be computed? Sc.ope of SSWM activities, SSWM mission or expenses. How much revenue does SSWM need? What discounts should apply? What incentives are desirable? What should the SSWM budget be? COBI Code Chapter 13.24 : Storm and Surface Waters Tuesday, November 1, 2011 Three other COBI Code chapters : I 5.20 : SSWM Management 15.21: SSWM Facilities Maintenance I 5.22: Illicit Discharge Eliminat ion AnnPnrli)( 11 420 SSWM classes of customers • Utility is island -wide • ALL types of properties Single-Famil~ Residential ("SFR) ~· 9,000 Single -family detached homes All other residential: ~ 650 duplex; multi-family; condos ; apartment build i ngs All Non-Residential parcels : --1,000 ...... (c .p,. commercial. schools . parks, chJr ches, Jndeve lopec. ecc.) Policy Goals • Simplicity: • Understandable to general public • Minimize administrative costs for ratepayers • Logical Nexus for Fee: • Single-family home: One basic fee (ERU) per home • All other parcels : Fee based on impervious sq. footage • Fairness: • Same sq foot method fo r multi-fam i ly rental/own • Low-income discount whether owning or r en t in g • Lowe r fee if sparsely -developed (e .g. parks) '" Tu esday, Nove m be r 1, 20 11 421 Proposed SSWM Fee Structure Single Family Residence ( All Other Parcels I Uses J Multi -unit residential : All Sing le Family Residence: I ERU Home & free -sta nding ADU: 1.5 50% discount for low.Income condo unit I apmt bldg other pa r cels Dislounts ror I Ve;y 1lw intensity tow-income discount Discount for Discount for qualifying features public roads Home & 3000 + sqft build ings: Use impervious sq ft method Proposed Fees: Non-Residential • ERU: 3,000 sq ft ERU rate: $14 7 /year in 20 I I • "Hard Impervious Surface" • 0 raindrop" roof footprint plus impenetrable surfaces • exclude gravel and pervious pavements • Rate formula for parcels other than SFR • Impervious Surface (in square feet) • Divided by ERU sq ft (3,000) • Times the ERU Rate (e.g., $147) • 70% discount for Very Low Intensity site(< 15%) • 50% discount for qualifying features ~ Tu esd ay , Nov em be r 1, 2011 Ann o nrl iv 1 ~ 422 Incentive Goals • Committee proposals provide financial incentives for desired mitigation features • Discounts (and Definition of Impervious) encourage: • Use of: gravel I pervious paving materials I turf • Low Impact Development (LID) to recharge aquifers • Mechanisms for retaining stormwater on site • Maintaining a NPD ES permit and N PDES compliance • Lower fees for low-intensity (i.e.< 15% Impervious) • e.g. pa r ks; farms (with minimal buildings); sports fields • Exemptions: cemeteries~ parcels <500 sq ft imperv. Special Cases • Auxiliary Dwelling Units (ADUs) • If not at ground level, not counted • If ground level: SFR +ADU= 1.5 ERUs • SFR plus Extensive Outbuildings • If Outbuildings > 3,000 sq ft of coverage • Compute SSWM fee for entire parcel counting all Hard Impervious sq. footage Tu esd ay, No ve mbe r 1, 2 011 Aooe nd ix 13 423 Public Roads Percent of ERU rate applied to roads • Poulsbo (0%) • Brem erton (0%) • Port Orchard (0%) • Mercer Is land (0%) • She l ton (0%) • Sumner (0%) • Port Angeles (0%) • Montlake Terrace (0%) • Bainbri dge Island (30%; same as State rate in RCW 90 .03 .525) • Redmond (50%) • K i tsap County (I 00%) • Bellevue (I 00%, divi ded into two discounted categories) •i Com are Current to Pro . . .. . Current 4 types of im pervious surfaces am biguous discounts all i nten sities pay same rate r ounded to whole ERUs renters/owners treated differently Fees collected by County Proposed I type (ex cl ude gravel & pervious materials ) clear discounts low intensity pays lower rate more precise (tenths of ERUs) rental apt build ings & condos: same method Same Low-inco m e discount l ike Prop. Tax Same + subsidized housing disc . Tuesday, November 1, 2 011 A nni:>nrl iv 11 424 Implementation • Council to approve amended BIMC 13.24: Fourth quarter 2011 • Administrative implementation of new structure and new definitions: During 2012 • Effective date for new restated Code: January I, 2013 11 Tuesday, November 1, 2011 Appendix 13 425 Chapter 13.24 STORM AND SURF ACE WATERS UAC Subcommittee Propos ed 2011 R e vision of COB! Code to be Effective 111120 13 As a Suggested In itial Draft for R eview and Refinement by City Attorney Marked t o sh ow changes from cu rre nt COB! Code to proposed C ode. 13.24.010 Utility established. The re is created and es tablished a storm and surface water util ity (referred to here in as "S S\iVM Utilit y"). Th e utility shall be adm ini stered under direction of the c it y manager or des ignee. 13.24.015 Jurisdiction. The city shall hav e jurisdiction ov e r all storm and surfac e water fac ili tie s with in the cit y. No mod ific at ions or ad diti ons shall be made to th e city 's storm and surfa ce water facilities w ith out the prior approval of the city. 13.24.020 Plan adopted. The C it y Counc il adoj!ts-the storm and surface water uti lit y plan as s et forth in the Sur.face \V ater Management Plan, December 20 0 l , prepared by Kato & Warren, In e-:-, which is incorporated by reference as if set forth in fu ll. system or plan of the storm and surface 1.vater uti li ty s ha ll be ( l ) as set forth on Figure s l and 6 of the P lan prepared by Gardn er Engineers , In c., and Warren Consultan ts, In c., dat ed Ju ly 22 , l 985 and adopted by the Gity council on August 15, 198 5, which figures and plan are in corporate d by this reference as if se t fo rth in fu ll , and (2 ) for all land \Vith in th e city's boundari es ·11h ich is oot covered by F igure s l and 6, all natura l and man made drainage conveyance sy stems from the point of the first co ntact of rainfall with the land to Pu get Sound. 13 .24.030 Council F indin gs of Fact and Basis for SSWM Rates. The C it y Co uncil find s as foll ows : (a) That a ll real prope rt y in th e city contributes runoff or po ses contam in ant ri sk to th e rece iv in g wa ters, and that a ll rea l propert y in th e ci ty benefit s fr om th e va riou s in frastructure se rv ic e s an d event-response serv ice s of th e SSWM Utili ty. (b) Subject to certain add iti on a l factors as identified in thi s Chapte r and that are e li gibl e to be treated as di sco unt s or facto rs of co mput ati on, th at th e intens ity of de velop ment on a ll pa rce ls of rea l property ot her than sin gle fa mil y res identi a l parce ls , as measured by the sq uare foo ta ge o f Hard chargeab le ilm per v ious s Sur face area , is an approp ri ate ba s is for allocating SS WM Uti lit y Fees to an in di vidu al pa rce l. (c) That, in genera l, becau se it wo uld be unnece ss ari ly co stl y to ratepa ye rs and im pract ic a l for th e SSWM Utility to dete rmin e precise ly the Hard Im perv ious Surface sq uare foo tage of th e im prove ment s on eac h s in gle fam il y re s id en ti a l parcel, each such UAC I SS WM Subco 111111 it1 ee 1013 11201 / Page I of 10 App en d ix 13 426 parcel sha ll , unl ess an excep tion applies , be assesse d a se t annual fee as periodica ll y determin ed by th e Cit y Co un c il. Additiona l charges are appropriate fo r some s in g le fami ly re sidential parc e ls having large acce sso ry building s. (d) Th at the SSWM Annu a l Fees imp ose d by thi s Chapt er are deemed to be reasonab le and necessa ry to fund cons tru ction, rep a ir , repl ace ment , operat ion, maintenance, in s pection and improv ement of all sto rm drain age and sur fac e wate r ma na ge ment fac ili ties, and to perform th e SSWM U tilit y funct ions id entified in 13.24.035, for purposes of providing SSWM Ut ilit y services . 13.24.035 Funding and Acco unting; Exclusive Utility Purpose of Fees The SSWM Utility sha ll be accounted for as a separate enterpr ise fund of the Cit y (F und 403), and a ll SSWM Annual Fees sha ll be used so le ly for SSWM Uti lity purpo ses, as those purposes are determined from tim e to time by th e Cit y Manager, includin g, by wa y o f exa mpl e, comp li ance with requ irements of the City's NP DFS II municipal stormw ater permit, carry in g out of app li cab le po rtion s of the City's storm and sur face water mana ge men t p lan, and ove rsight an d administration of certain function s and req uirements de sc rib ed in BIMC chapters 15.20, 15.2 1 and15 .22. SSWM aAnnua l fFees shall not be app li ed fo r genera l governmenta l or other purposes. The City Co uncil shall se t the SSWM ERU Rate at a leve l suffici en t to fund th e capital projects, accumu la ti on of rese rv es, infr as tructure maintenance , debt se rv ic e, ope rating expen ses an d taxes ap plic ab le to th e SSWM Uti lity. 13 .24.030 Transfer of property. Al-1--properties, property r ights and intere sts of every kind or nature owned or held by th e etty,however acquired , ins ofar as th ey re late to or concern storm or surface water sewage are transferred to the storm and surfac e 'Nater utilit y, includin g by way of examp le s and no t li mitation , all prop ert ies, rights and interests acqu ir ed by adve rse possession or by prescription in and to the drainage and storage of sto rm or su rface waters over an d under land s, '.vat erco urses, streams, ponds and sloughs to the fu ll extent of inundation caused by the largest storm or fl ood condit ion. 13.24.040 Cost. Sin ce t-Re city now-ow ns a ll the fac ili ttes-,r.ig ht s and in terests se t forth in BIMC 13 .24 .020 an d 13 .2 4 .030 , there is no es timated cost. 13.24.050 Definitions. The fo ll ow in g definitions s hall app ly to this chapter : A. "Commercial /mu ltipl e property" moans and includ es all properly zoned or used for mul ti fam il y, commerc ial or retail uses . B. "Imperv ious area" means any p ar l of any parce l of land that ha s been modifi ed by lh e act ion of perso ns to reduce the land's natural ability to absorb and hold rainfal I. Th is includes areas \>Vhich ha ve been--€-1eared, graded, paved or comp acted. Excl ud ed, however, UAC I SSWM Subco111111i1tee 1013112011 Page 2of 10 Appendix 13 427 a-re--atl-1-a-wn s, agrie-lfklli:a.I areas, am:l-l-an·dse-a13ed-afea~f!Eb86 28 § 1, 1986) !\. "ADU " shall mean a n ancillary dwelling unit, which is an auxiliary residential unit that shares a tax parcel with a Single Famil y Residence. 13 . "Condominium Unit " sha ll mea n a ta x parcel th e owncr shif2 of which is held as a condominium property interest. A Condominium Unit may be either a "Re sidential Cond ominium Unit " if it s principa l purpo se is for occ upan cy by an own er or rent er as a re sid ence , or it ma y be a "Commercial Condominium Unit " if it ha s any other principal purpose. C. "Excluded Property" shall mea n a tax parcel of a ty pe or purpose that is excluded from the ob li gation to pa y any SSWM aAnnua l !Fee. Excluded Property sha ll include the fo llo wing type(s) of tax parce ls: (l) An Ui:mdeve loped Pj?arcel. (2) A parcel with less than 500 square feet of Hard Imperv ious Sur facechargeab I-es . (3) A cemetery. D. "ERU" mea ns equiYal ent res id ential unit. E. "ER U Fac tor " mean s 3,000 squ are feet. F . "Hard Impervious Surfa ce" mea ns an imperviou s s urface are a \Vhi ch, in norm a l circum stances, entire ly prevents the entry of water directl y into the soil mantle. The most common forms of Hard Imperviou s Surfaces include, but are not limit ed to: roof tops ; concrete, asphalt or other surfaces such as walkways, patios, driveways, parking lots and paved storage areas when constructed of impenetrable materials; prov id ed , however, that neither gravel, pervious concrete, perviou s blacktop, perv ious pavers, natural or artificia l turf, nor ove r-water structures, shall be treated as Hard Impervious Surface; provided , further , that an open, un covered retention or detention faci lit y, or the contained surface area of an open, uncovered tank or containment structure that proces ses wastewater, shall not be considered as a Hard Impervious Sur face for purposes of this Chapter. G. "LID Sys tem " sha ll mea n a stormwater management sys tem on a tax parce l that is constructed and is operated in a manner that conforms with the Low Impact Development provi s ions of th e Cit y's stormwat er and surface water management code, as incorporated by reference at BIMC 15.20.050 .C . II. "Lov,'-lntensit y Factor" shall m ea n 30 %, and that factor shall be applicab le to a parce l that is s ub ject to 13 .24.060( 4 ), where the ratio of the Imperviou s Surface to the total square footage of the parcel is less than l 5%. l. "No n-Re s idential Propert y" means a tax parce l of any kind oth er than a Res id enti al Propert y. A tax parcel that is primaril y used for tran s ient accommodation, such as a UAC I SS WM S11bco 111111ill ee 1013112011 Page 3 of JO Appendix 13 428 parce l that in clud es a hote l, motel, or inn made avai lab le fo r occupanc y on a dail y or weekl y ba s is , shall be tr eated for p urpo ses of thi s Cha2te r as a N on-Res idential Prop e rt y. J. "Parcel Owner' shall mea n an ow ner of any tax par cel locat ed within the ci ty lim its of the Cit y of Bainbridge Is la nd, as the said owner is id ent ifi ed in the rea l estate propert y tax records maintained by Kits ap Co unt y, whe ther or not the parc el ha s an obli gation to pa y a SSWM Annual Fee. K. "Re sid enti a l Prope rty" mean s a tax parcel that is dev el oped with a Sin g le Fam il y Re s id ence or with a multi-family res id ent ial st ru ct ur e (for examp le, a dupl ex , apartment or condom iniu m complex) th e pr in c ipal purpose of wh ich is to provide a pr imar y or seconda ry re s idence for the owner, or a residen ce for a renter on a monthl y or lon ge r ba s is . A Re s id enti a l Property ma y include access ory stru ctur es and non -commerc ial uses (such as anci ll ar y non-commercial agricu ltural use s). A Re sid en ti al Property ma y includ e an ADU whi ch ma y be occup ied on a pa y in g or non-pa y ing ba s is . L. "Sin gle Famil y R es id en ce " mean s a res id enti a l property th a t co ns ists of a deta ched sin g le-fam il y dwelling a nd any one or more acce ss or y stru ctu re s, such as carports , garages , shed s, and ADU s on the same ta x parcel as the pri mary re sidential unit. M. "SS WM Annual F ee" sha ll me an th e annu a l a mo unt of th e fee payab le by a P arce l Owner, determined accor din g to thi s Chap ter. N. "SSWM ERU R ate" sha ll mean th e annual rate of SSWM Utilit y serv ic es fee established by re so luti o n of the City Counc il for th e app lic able calendar yea r. The fee sha ll be expre ss ed as an amo un t per ann um . 0 . "SS WM Utili ty" mea ns the storm and su r face water management utilit y of the C it y. P . "Undev eloped Parc e l" means a parce l wi th no Imperv ious Surface . 13.24.55 Invoicing and Collection Th e SSWM Annua l Fee for a parcel shall be pay ab le to th e SSWM Ut il ity and shall be invoiced to and co ll ected from the Parcel Ow ner by the Tr easurer of Kit sap Co unty on th e sam e reg ul ar periodi c ba sis as th e Parce l Owner 's prop er ty ta xe s arc collec ted. An y such fee s sha ll be delinqu ent if not paid b y the due date. All delinquent ac co un ts bill ed purs uant to thi s paragraph wi ll be subject to a monthl y penalt y ch arge of one percent o f the amount th at is de lin quent. 13.24.060 _-Fee imposedSSWM Annual Fee for Resid ential and Non-Residential Properties. Except for an y Exc lud ed Propert y, and s ubject to an y app licab le discount under 13.24 .070 to 13.24.085 , a Parce l Owner ofa Res idential or Non-Re s id enti a l Prop ert y shall have an ob li gat ion to pa y a SSWM Annu al Fee determ in ed as pro v id ed in thi s Sect ionThe owners of a ll real prop ert y in the c ity v1hi ch contributes draina ge 'Nater to UAC I SSWM S11 bco 111111i11 ee 1013 1120 11 Page 4 of 10 Appendix 13 429 and /or whioh benefi ts from the c ity 's s torm water uti lity shall pay a month ly fee as so l fo rth in thi s chapter. (l) Single Family Residence : Exce pt as p rov id ed in (2) or (5 ) below, th e SSWM Annual Fee fo r a S in g le Fa mil y Resi den ce sha ll be equ a l to the ERU Rate . (2) Single Family Residence with Detached ADU: Fo r a S ing le Famil y Res ide nce w ith an ADU th at is a detac hed gro und-l eve l s tru ctu re, th e SSWM Annu al Fee sha ll be equ al to 1.5 tim es th e SS WM ER U Rate . (3 ) Residential Properties Other Than Single Family Residence : (a) Subj ec t to parag rap hs (b) and (c) be low, fo r a Re s ide ntia l Propert y othe r th an a S in g le Famil y Res id ence, regardl ess wheth er dwe llin g uni ts are rented o r are owne d in fee or in co nd ominium intere sts, th e SS WM An nua l Fee sh all be calcu lated acc ordin g to th e rul es under paragrap h "( 4 )" be low. (b) For a parcel co nsistin g of a res id entia l or com mercia l condom iniu m unit, the SSWM A nnu a l Fee fo r th e unit owner sha ll be equ a l to th e SSWM An n ual Fee tha t would be charga ble to th e co ndo mi nium co mp lex of whi c h the un it is a part (the pa rent tax parce l), a nd th en di v id ed by the number of co nd o minium un its in th at co mp lex. (c) For mi xe d use res id e nti a l and comm erci a l p ro pe rt ies, th e Annu al SSWM Fee sha ll be ca lc ul a ted on th e Hard Im pe rv io us Surface area of the parent tax parcel. Add it io nall y, eac h commerc ia l un it sh a ll be charge d no t less than 1.0 ERU . (d ) Fo r a tax p a rce l cons ist in g of a co ndo miniu m associat ion (a s distin ct from a re siden t ial or co mmercia l unit th at is a memb er of s uch assoc iati on), th ere shall be no addi tion a l SS WM Annua l Fee oth e r th an th e fees charge d to th e res id enti al an d/or co mmerc ial units th at are th e mem bers of th at ass oc iat ion. (4) Properties Other Than Single Family Residences: Subj ec t to paragraphs 3(b) an d 3(c) a bove, the SSWM A nn ua l Fee fo r a pa rce l other th an a S in g le Famil y Res id ence shall be equ a l to: • the sq uare feet of Har d Impervious Sur face , • di v id ed by the ERU Fac to r, • t ime s th e SS WM E RU Rate, • t im es, i f app li ca bl e, the Low-Intensit y Facto r; prov id ed, howeve r , th at in no event sha ll th e SS WM Annu al Fee for a propert y that is pr ima ril y used for co mmerc ia l p ur poses be less tha n 1.0 time s the SSWM ERU Rate. (5) S in gle-Family Residence with Large Acc ess ory Buildin gs : If a pa rce l in cl ude s bo th : UAC I SS WM S 11bco111111itt ee 1013 1120 ! ! Pag e 5 of JO A ppe ndi x 13 430 (a) a Sing le Fa mil y Res id ence, an d (b) one or more separate s tru ct ur es, w here th e s um of the coverage footpr int s of th e accessory stru ctu res other th an a detac hed garage is grea ter than 3,000 squa re fee t , th e n the SSWM A nnu a l Fee for the parce l s hall be calculated under paragraph (4) above, base d on th e Hard Imperv iou s Su r face of the ent ire parcel. 13 .24 .0 6S-A uto matic annua l fee adjustmen t. The fees desffi.13ed in BIMC 13 .24 .070, as new-ex isting and as subsequently amended, sha ll be adjusted on an annual basis beginning January l st of each yea r, un less the c ity counc il determ ines by December 3 lst of any ye ar that the adjustment shall be another amount or sha ll not occ ur fer the next year. T he-adju s tment s hal-l-9 e equal to the anfH:t&I. rate of increase-in the Seatt le Area Cons umer Price Index. (Ord. 200 9 38 § l , 20G9-;-0.r4 2000 4 8 § I, 2000: Ord. 99 50 § l, 1999) 13 .24.0 7 0 S in g le family a nd duplex r e s id e ntial fees . The mont hl y se rv ice fee for each sing le fam il y and dup lex re sidential dv,ie ll ing from January l , 20 l 0 , through December 3 1, 20 10, shall be $13 .21 ; provided, that the ratio of impervious to pervious surface of the lot sha ll not exceed 50 percent. If the rat io of impervious to perv ious surfaces excee ds 50 percent, the rate estab li shed in BIM C 13.24 .080 shall app ly. (Ord. 2009 38 § 2, 2009: Ord. 2007 39 § l , 2007: Ord. 2 00~ § I , 2006: Ord. 2005 34 § l , 2005: Ord . 2003 50 § I , 2003; Ord . 2000 48 § 2, 2000: Ord. 99 50 § 2, 1999 : Ord. 86 28 § 3, 1986) 13.24.080 Co mme r c ial/multiple fee s. The month ly fee for all commerc ial/mu lt ip le preperty sha ll be ca lcu lated according lo the following formula : (Imperv iott5-area · 3,000 sq. ft .) x single fam ily and dup lex rate -rate. (Ord. 86 28 § 4, 1986) 13 .2 4.081 Co ndo minium unit fees . The monthly service fee fo r eac h co ndominium unit sha ll be the ra te charge d for s in g le fami ly dwellings under BIMC 13 .24.070. (Ord . 2004 0 1 § l , 2004 ; Ord. 2003 50 § 2, ~ 13 .2 4. 08 2 I m peffioos-s-twfa.ee-a re a rate red u eti-6tls. for an y p1.:e pe rty other-tflan a sin g le fam il y re s id-en ce or a duplex residentia l dwellin g: A. The s to rm and s urface waler serv ice mont h ly fee charged for th e property for i-mpefVttHts-areas co nsistin g o f grav e l sha ll be 80 percent of th e rate for impervious areas UAC I SSW1\!I S11 bco111111i1tee I 013 112011 Page 6of10 A ppe nd ix 13 431 8-:--+Ae--sterm-a-Re--s-urfare-w-ater serv ice menthl y fee charged for--t-he-prepefty-fe r tmpef'V-i.eus areas co ns ist ing of packed dirt shall be 50 percent ef the rate for impervious areas set fort h in B IMC 13 .24 .08Q.;-aRd ~e sterm and surface \Vater service moRthly fee charged for the preperly fof impervieus areas whi ch are cleared but not compac led shall be 40 percent of the rate for tmpef¥-ieus areas se t fort h in BIMC 13 .24 .080. +Re rate reductien authGmed by this section shall net reduce lhe--tetal-sffiFm-and surfare 'Nater service me nthl y fee te less than 50 percent ef the monthl y fee required pursuant to BIMC l 3 .24 .080, and sha ll not be used in co nj unct+en with any other rate reduct ion a-llihBr ized by thi s tit le. (Ord. 92 26 § 7, 1992) 13.24. 70 Discounts for Certain Owners and Occupants (a) Low-Income Senior or Disabled Owners : For a Parcel Owner of a Sing le Fam il y Re s idence who qualifie s for a di sco unt in a given tax year und er th e propert y tax discount progra m admini ste red by Kit sap Co un ty for low - in come se ni or citi ze ns or low-i ncom e di sa bled indi v idu als, th e Parcel Owner shall receive a discount of 50% on the SSWM Annual Fee ot he rw ise paya bl e for that yea r. (b) Financially-Assisted Housing for Income-Qualified Occupants: T here sh all be a 50% di sco unt on th e SSWM Annual Fee for a property of either o f the two fo ll ow in g kinds, sub ject to the Parcel Owner submittin g proof of e li g ibility to th e Cit y not later than November l of th e ca le ndar yea r pr ior to the year in which the SSWM Annual Fee is pa yabl e: (i) A property that is exe mpt from propert y taxe s und er any exemptio n app licab le to low-in come h o us in g (including, but not limited to, housing owned by nonprofit o rga ni za ti ons that provide rental hous in g to ve ry low income househo ld s; low -income ho us in g tax cred it prope rti es; a prope rty ow ned by a public housing auth or ity ; a prop erty ow ned by a limi ted partners hi p formed for the pu rpose of financing low-income properti es where a publ ic hou si ng author ity or non-profit agency is a ge neral pa rtn er; non12rofi t home s for the ag ing; etc.); or (ii) A property con taining rental accom modation that was e ith er constructed w ith , or operates with, p ubl ic financial as sis tance or tax cred its for the p urp ose of providing rental hou sin g to qua li fy ing low-income person s . 13.24.80 Public Roads The SSWM Annua l Fee for pub li c roads maintained by the City shall be equa l to 30% tim es the Im perv ious Su r face d ivid e d by th e ERU Factor ti me s the ERU Rate. State UAC I SSWM S11b co111111it1ee 10131 12011 Page 7 of JO Appendix 13 432 roa dwa ys are exe mpt from an a nnu a l SS WM fee beca use th e City has determin ed the burd en of admini sterin g the p rogra m authori ze d by RC W 90.03 .52 5 is not co st e ffec ti ve. 13.24.85 Discounts for Certain T y pes of Facilities or Mitigation (a) Properties Conforming to Low Impact Dev elopment Cod e: T he SS WM Annu al Fee fo r a tax parce l th at is eith e r (a) a Res id en t ia l Property oth e r th an a S in g le Fa mil y Resid ence , or (b ) a No n-Res id enti a l Property , shall be subj ec t to a 50% di sco unt i f th e parcel \·\'aS devel oped in accorda nce vvith the City 's Low I mp ac t D ev elopm ent co de, and th e Low Im pac t De ve lop ment fe atures continue to functi on at a leve l th at co mpli es with any appli ca bl e pe rfor mance req uir ement s . The burde n fo r demonstra tin g th e pe rc ent ag e of stormwa ter rete nti on shall be on th e Pa rce l Owner. Thi s di sco unt ma y not be co mbin ed w ith th e Low In te ns it y Factor or w ith any oth e r di sco unt und e r 13 .24 .85 . (b) Ci ty -Approved Stormwate r Mitigation Sys te m : The SSWM Annu a l Fee for a tax parce l ot her th an a Sin g le Fa mil y Res id ence sha ll be subj ec t to a 50 % di sco unt if th e pa rce l ei th er : (1 ) comp li ed w ith a co unty or C it y -mand ate d on-s ite stormwa ter mit iga ti on set of req uireme nt s as a co nd iti on of deve lop ment, or (2) in stall ed on-s it e miti ga ti o n fe atures th at we re built vo lu ntaril y and met county or Cit y stand ard s w hen built and , in e ith er ca se, whi c h co ntinu e to meet BI MC 15.2 1 in th e app li cab le year. The bur de n for de monstra tin g the pe rce ntage of sto rm wa ter retenti on sha ll be on the pP arce l e Owner . Th is di scount may not be comb in ed with th e Low Inte ns it y Fac tor or w ith an y oth er d isco unt und er 13 .24.85 . (c) Properties S ubject to an N PD ES Permit: Th e SS WM Annu al Fee for a tax Qa rce l th at is subj ec t to an NPD ES storm water pe rmi t, wh ere th e Pa rc el Ow ner is in substanti al co mp li ance w ith it s dut ie s un der th e NPD ES pe rm it fo r the app li cab le yea r, sha ll be s ubject to a d iscou nt of 50 %. Thi s d iscou nt may not be combin ed w ith th e Low Int ensity Factor or wit h any ot her disco un t und er 13 .24.85. 13.24.084 On s ite mitigation rate r eduetion. For an y pro perty other than a s ing le fami ly res idence or dup lex res identia l dv1'e ll in g, if the properl y own er ( l ) ha s bee n required by either th e c ity or K itsap Cou nt y si nee Januar y l , 1985 , to con s tru ct an on site stor mwater m itigati on fa c il ity as a co ndit ion--ef th e property 's deve lopment or (2 ) has constructe d v olun tar ily sin ce J anua ry l , 19 85, an on s ite stormv1ater miti gatio n fa c ili ty se rv ing th e p ro p ert y and exceeding c ity standa rds at th e time of construct ion , the city ma y at its so le dis cret ion reduc e by up to 50 percent th e s torm and s ur fa ce wa ter serv ice month ly fee c harge d fer the p ro per ly pur suant to BIMC 13 .2 4 .080. The rate redu ct ion aut h ori zed by thi s sectie n shall not-b e use d in co njun ction w ith an y other rate redu cti on auth ori zed by thi s tit le. 13 .24.085 Rate for diseotHteeti o n of property with diseo 1tt1 eeted roof d rain s. Fo r an y p ro perty where the p ro perty own er, at an y lime pri or to a noti ce of co rrec tive wer~e t im e peried p rov ided by a notice o f correc tiv e wo rk iss ued to th e J*0):lerty-e wner pu rs uant to BIM C l 3 .14 .060 , dis conn ec ts all roof dra ins loca ted ofl-lhe UA C I SSWM Sub committ ee 10/3 1120 11 Page8 of 10 A ppe ndi x 13 433 _f)ffij3~m-H:w city' fl ~•ani t ai:y-se-wcr sys tem anEl-perm.-a-n~c-ifl-grc:;s po-i-n-tfs-1 ef--tAe drain(s), lh e--c-ify--sfl.a-1-1-w-a-i-ve-H-l-e-annua l stofffi-aflG-stif-face 'Nater serv-iee-fee othervl'ise as sesse d again st the prope rly pursuant to this chapter fer a period of three years from the dat e o f the disceooection. Upon the expiration of th e-three year wa iver pro v iOOd in this section, the property shall again be assessed at the ap13-H-eable rate, as prov id ed-by thi s chapter. 13.24.086 Application for rate reductions -Appeal. A. In order to qualify for th e rate reductions set forth in BIMC 13.24.082, 13 .2 4.0 70(b )S4 and 13 .24 .085 , the property owner mu st file an application with the director of financ e by November 15th of the yea r prior to th e year in which the rat e reduction is to be effective. B. Any perso n aggrieved by any decision of the director of finance relatin g to an application for the rate reductions authorized by BIMC 13.24.082, 13 .2 4 .070(b)&4 and 13 .24.085 may appeal th e director 's decision by filin g a writ of review with the su perior court of the county within 30 days of the date of the director 's deci s ion. 13.24.089 Streets and roads charge. +h~nth l y fee fer city owne d right of way shall be l 00 percent of the fee provided in BIM C 13.24 .080 . 13.24.090 State highway chaFge. Pursuant to RC W 90.03.525 the month ly fee fer state hi ghway right of vray sha ll be 30 percent of the fee prov ided in BIMC 13 .2 4 .080, un less the city and state agree to a di ffe rent rat e, or unl ess a eo urt of co mp etent jurisdi ction h old s otherwise . 13.24.100 Billing and pay ment. A. Except as ethenvi se provided in subsectio n B of thi s sect ion, storm and surface •.vater utility fees shall be billed ann uall y by K it sa p Co unt y en behal f of the cit y in conj un cti on w ith th e county's properly lax bill . Storm and surface waler utility fees billed pursuant ffi this para gra ph s hall be du e an d payabl e sem iannuall y on th e same dates each year th at the county's properl y tax bill is due and payable, and shall be delinquent if not paid by lhe du e date. All delinquent aeoounts bill ed pursuant to thi s paragraph will be subject to a m-enth ly penalty char ge of one percent of th e amount that is delinquent. B. During th e ca le nda r year 1994, th e city sha ll b ill storm and surface •.vater utility serv ice account s •.vhich the c ity billed on a monthly ba s is in 199 3, an d such other aeoounts as deem ed appropriate by the director of fin ance, on a monthly bas is . Storm-a-n-0 surface \Nat er utility fee s bill ed pursuant to thi s paragraph shall be due and payab le duR-ng th e 20 day period fo ll ow ing the billin g date , and sha ll be delinqu ent if not paid by the due dale. All del inqu ent accounts bill ed pu rsua nt to thi s paragraph •.viii be subject lo a month ly pen a lty char ge of 10 percent of th e amount tha t is d elinEJtle-n-h 13.24.110 Remedies TeAnination of water ser¥i~ +he c ity manager or des ig nee is au th or ize d to term inate •.vater serv ice to any customer who fails to pa y th e storm vvater utility fees impesed-by th is chapter in th e sa me manner UAC I SSWM S11b co 111111it1ee 10131 1201 1 Page 9of10 App e nd ix 13 434 as-6elffi~1:100 t--wa-l-er-ffi+l-s. T erm i Rffii.eA-e~er-seffioo-sha+i-Aet-1-i-m-i l-e l-iler-remee-i-es a-va-i-kW-1-e-te-tfl e-ett~ 13.24.120 Lien for service -Interest. Pursuant to RC W 35.67.200 et seq ., th e city s hall have a li en for de linquent and unpaid storm wa te r sewe r cha rges. A sewe r li en s ha ll be effec ti ve fo r a tota l not to ex ce ed one yea r's delinqu ent service charges with out th e nece ss it y of any writin g or reco rdin g of th e li en with th e coun ty audito r. Enfo rc eme nt and fo recl os ur e of any sewe r li e n shall be in th e mann er pro vid ed by s tate law. Interes t o n the unp aid bala nce s ha ll be eig ht perce nt per annum or hi gher rat e as auth ori zed by Jaw . 13 .24 .130 Inspections -Right of entry -Emergency. Th e e ng in ee r or oth er c it y offici als or emplo yees of the city may e nt er an y building or p ro pert y to per for m du ties imp ose d by thi s chapter in ac cordanc e w ith Chapter ill BIMC. 13 .24 .200 Seve ra bility. Rep e aled by Ord. 2003 24. (Ord. 86 27 § 1, 19 86) UAC I SSWM S11 bco111 111 it1 ee !0/3 1/20 11 Page 10 of 10 A ppendi x 13 435 Appendix 14 -Parcels W/O ERU Property Class (Value -Description) 111 -Single Family Residence 118 -MH -Leased Land 119 -MH -Real Property 12 1 -Duplex 122 -Triplex 123 -Four Units 1 3 1 -5-9 Units 132 -10-14 Units 133 -15-19 Units 134 -20-29 Units 135 -30-39 Units 136 -40-49 Units 137 -50+ Units 138 -Retirement Apts. 141 -Condo, Residential 150 -MH Community 160 -Hotels and Motels 1?1 -Bed and Breakfast Lodging 170 -Institutional Lodging 180 -Other Residential 183 -Sheid~ and Garages 198 -Cabins 21 O -Food Product Manf. 230 -(\pparel/Fabric Ma nf. 240 -Wood Products M anf. 250 -Furn. & Fixtures Manf. 270 -Printing & Publi shing 320 -Clay & Glass Products 340 -Fabricated Mtl Prod . 390 -Misc. Manf. 410 -Railroads 420 -Motor Vehicle Transport 430 -Aircraft Tra n sport 440 -Marine Transport 459 -Totally Esmt Encumbered 460 -Parking 470 -Communications 480 -Utilitie s 483 -Water Systems : 485 -Sanitary Landfills 486 -Stormwate r Retention 489 -St ate Assessed Utiliti es 490 -O th er Utilities 500 -Commercial Condo or Slip 510 -Who les ale Trade 520 -Retail Bldg Materials 530 -Retail, Genera l Accounts 52 8 5 1 39 63 58 3 1 1 12 7 377 436 890 -Resource Production 910 -Undeveloped Land 911 -Common Area 920 -Non -Co mmercial Forest 930 -Water Areas Appendix 14 -Parcels W/O ERU 1527 297 939 -Tidelands 89 940 -CU Open Space 28 950 -CU Timber 8 999 -Other Undev . Land 1 Totals 2768 437 TO: and to: FROM: DATE: RE : City of Bainbridge Island EXECUTIVE DEPARTMENT Members of the City Council Members of the Utility Advisory Committee (UAC) Lisa Marshall, City Attorney May 14, 2015 Legal Authority to Collect and Use Storm and Surface Water Management (SSWM) Funds This memorandum addresses whether the City may properly use fees collected by its sto1mwater utility to pay expenses not directly associated with the construction, repair, and operation of its sewer infrastructure. In particular, this memorandum addresses two specific categories of expenditures of storm and surface water management ("SSWM") funds that have been called into question: (1) payments made to the Kitsap Conservation District under an Interlocal Agreement with the City; and (2) expenditures for water~quality testing of the "receiving waters" beyond the outfall of the City's sewer infrastructure. As further analyzed below, both categories of expenditures are appropriate uses of SSWM funds and, indeed, are expressly allowed by applicable law. A. Statutor y and Municipal Code Provi s ion s Gov e rning the Storrnwatcr Sewer Sv stem. Washington law authorizes cities to "construct, condemn, purchase, acquire, add to, maintain, conduct, and operate systems of sewerage," and gives cities "full jurisdiction and authority to manage, regulate, and control them." RCW 35.67.020. A "system of sewerage" is expressly defined by statute to include "storm or surface water sewers." RCW 35.67.010(3). The statutory definition is not limited to only the infrastructure itself, however, and also includes "water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city." RCW 35.67.010(6). Similarly, a city 's authority to "maintain" its storm water utility extends beyond the physical infrastructure to include participation in "cooperative watershed management" activities with other governmental agencies . See RCW 35.67.380. The applicable Washington statute explicitly permits cities to expend public funds on such cooperative activities: In addition to the authority provided in RCW 35.67.020, a city may, as part of maintaining a system [of] sewerage, participate in and Appendix 15 438 expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210 and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management. RCW 35.67.380. The City of Bainbridge Island created and established its storm and surfa ce water utility pursuant to Bainbridge Island Municipal Code ("BIMC") Chapter l 3 .24. BIMC 3.44.010 requires the City to maintain a separate fund for each city-owned utility. Funds collected from users of the City's sto rm water utility are kept and accounted for in a separate "storm and surface water management fund." Id. These "SSWM funds" are used by the City to pay for operations of the utility and other expenses associate d with provision of these essential serv ices to Bainbridge Island residents. The City has also adopted a Storm Water Management Program ("SWM P"), whi ch seeks to minimize the negative effects of development and pollution, while maximizing environmental protection and conservation. This SWMP assists the City in complying with its National Pollutant Discharge Elim in ation System ("NPDES") permit, including stormwater vio lation response plans, regulation development, and day-to-day stormwater operations management. B. The City May Use SSWM Funds to Pay for Kitsap Conservation District Services and Water-Quality Testing of Stonnwater Sewer Receiving Waters . The City has heard that, wi th perhaps a few minor exceptions, SSWM funds may be applied only to the construction, maintenance, and repair of the City's MS4 (Municipa l Separate Storm Sewer System) infrastructure ·· i.e., streets, ditches, cu lverts, sidewalks, etc. Quest ions have accordingly arisen whether the City may use SSWM funds to pay for (1) Kitsap Conservation District ("KCD") services provided under contract to the City, under which KCD assists with developing farm plans to minimize contamination and improve water quality downstream of agricu ltu ra l property; and (2) water-qua lit y test ing of "receiving waters" outside the physical parameters of the City's MS4 infrastructure. A review of app licabl e lega l author iti es demonstrates that these expenditures are entire ly appropriate uses of SSWM funds. l . Kitsap Conservation District Payments. Bainbridge Is land includes over 1400 acres of agricultura l land. BIMC 18.09.030(A) regulates agricultura l uses of land on the Island and contains various restrictions intended to minimize impacts of agricu ltu ra l activities on downstream water quality and ne ighboring lands. For example, variations from the livestock limits and agr icultura l management standards set forth in the Code require a landowner to follow a farm management plan approved by the City or qua lifi ed third party . To assist residents in complying with this Code requirement, the City has contracted with KCD to, among other things, develop approved farm management plans Appendix 15 439 incorporating Best Management Practices ("BMPs") to ensure that storm water runoff from farms does not contaminate downstream properties, streams, ponds, and other waters of the Island. The City's current arrangement with KCD is established by the 2014 Interlocal Agreement Between City of Bainbridge Island and the Kitsap Conservation District Regarding Agricultural Assistance Support and Conservation ("lnterlocal Agreement"). The Interlocal Agreement was executed in January 2014 pursuant to statutory authority granted under RCW 39.34 (the Interlocal Cooperation Act). By its terms, the Interlocal Agreement reflects the City 's commitment to "preventing stormwater runoff pollution," and specifically acknowledges KCD's experti se and experience in providing "Farm Plans to meet the requirements of Bainbridge Island Municipal Code 18.09.030" to manage agricultural impacts on water quality. The Int erlo cal Agreement states the shared goal of KCD and the City to "promote Best Management Practices to protect water quality," and a desire to "work collaboratively [to ] protect water quality." Attachment A to the Interlocal Agreement describes KCD's services to the City as a set of specific "Tasks." These tasks include development of Farm Plans (Task 3) and the design, implementation, in spection , and maintenance of BMPs for agricultural lands tha t meet federal, state, and local standards (Tasks 4 -6) -the objective being to "[p ]rotect s urface water bodies from potential sources of contamination caused by agricultural-related land use." The C ity pays KCD for services provided under the Inter local Agreement. KCD is paid under an approved budget specified in Attachment A to the Interloca l Agreement, and the City pays for these services out of its SSWM funds collected from users of its storm and surface water utility. This particular funding practice has been called into question. The City's authority to pay for these KCD services using SSWM funds is firmly rooted in the statutes authori z ing cities to "maintain, conduct, and operate systems o f sewerage." RCW 35.67.020. Cities are specifically authorized by statute to "fix[ ] rates and charges for the furnishing of service" to sewer-system users. RCW 35 .67.190, 35.67.020(1). Those SSWM funds are then used by the City to operate a nd maintain the sto rmwater sewer system. Indeed, furnishing a functioning storm water sewer system necessarily requires expenditure of funds for its maintenance. Importantly, any argument that the City may not use SSWM funds to pay for KCD's services is foreclosed by the statutory definition of "maintain ." The City's authority to "maintain" storm and surface water sewers expressly includes the power to "participate in a nd expend revenue on cooperative watershed management actions, including ... partnerships under RCW 39.34 ... for purposes of water supply, water quality, and water resource and ha bitat protection and management." RCW 35.67.380. The Interlocal Agreement with KCD is exactly the sort of "cooperative watershed management ... partnership under RCW 39.34" contemplated by RCW 35.67.380. Accordingly, paying KCD with SSWM fund s for serv ices provided under the Interlocal Agreement is who lly supported by the applicable statute. 2. Water-Quality Testing Outside the City's MS4 Infras tructure. Many of the same statutory provi sions analyzed above also establ ish th e City's authority to use SSWM funds to test water quality in the receiving streams a nd waters beyond the outfall of its MS4 infrastructure . For example, RCW 35.67 .010(6) expands the defini tion of "system of Appendix 156 440 sewerage" beyond the physical parameters of the sewer facilities to include "[p Joint and nonpoint water pollution monitoring programs that are directly related to the sewerage facilities and programs operated by a city." Thus, so long as the water-quality testing is "directly related" to storm and surface water facilities and pollution-monitoring programs, use of SSWM funds to conduct such testing is allowed . The City has adopted a SWMP, which seeks to m1mm1ze the negative effects of development and pollution while maximizing environmental protection and conservation. This SWMP assists the City in complying with its National Pollutant Discharge Elimination System ("NPDES") permit, including stormwater violation response plans, regulation development, and day-to-day stormwater operations management. 1 Testing the receiving waters for pollution levels --and thereby determining the effectiveness of the City's pollution control efforts --would seem to be a quintessential component of "conduct[ing] and operat[ing] systems of sewerage" under RCW 35.67.020. As described above, "conduct[ing] and operat[ing] systems of sewerage" is a function for which the City is expressly permitted to charge sewer-system users. See RCW 35.67.190. Accordingly, testing for pollutants in receiving waters downstream of the City's MS4 infrastructure may properly be paid for with SSWM funds. Importantly , an exhaustive review of reported case decisions in Washington produced only 4 published opinions discussing SSWM fees;2 none of these cases invalidate, diminish, nor call into question the City's broad grant of authority under RCW 35.67 because the legislature was clear and unequivocal regarding the permissible use of SSWM charges. C. Conclusion. Washington statutes and relevant Bainbridge Island Municipal Code provisions demonstrate that SSWM funds may be used to cover expenses beyond merely the construction, 1 The Department of Ecology's NPDES permit regulates stormwater discharg es from the City's MS4 infrastructur e for the following requirements: • Controlling runoff from development and construction sites; • Illicit discharge detection and elimination program ; • Monitoring; • Pollution prevention and operation and maintenance for municipal operations; • Public education and outreach; • Public involvement and participation ; • Reporting; and • Total ma ximum daily load allocations (TMDL). 2 See, Tapps Brewing, Inc. v. City of Sumner 106 Was h.App. 79 (2001), (holding that statute requiring that city's sewer and drainage system charges be proportionate to cost of system attributable to property being charged did not apply to charges authorized by prior statute authorizing city to construct "systems of sewe rage" and to "fix, alter, regulate , and control the rates and charges for their use."); Tukwila School Dist. No . 406 v. City of Tukwila 140 Wash.App. 735 (2007) (holding that City 's storm and surface water utility charge was a fee , not a tax) Morse v. Wis e 3 7 Was h.2d 806 (1951) (holding that theory of assessments according to special benefits conferred is not involved under thi s Chapter); Teter v . Clark County (1985) (holding rate schedule of charges imposed on property owners by city and co unty for costs of maintaining and operating storm water control facilities bore reasonable relation to contribution of each lot to surface runoff). Appendix 15 441 repair, and operation of MS4 storm and surface water infrastructure. Although concerns have been raised regarding use of SSWM funds to pay for certain KCD agricultural-management services and water-quality testing, those concerns appear to be unfounded based in large part on the plain terms of applicab le state law and city code. The activities in question fall squarely within the conduct and maintenance of a storm water utility as expressly defined and contemplated by applicab le law. Accordingly, SSWM fees collected from users of the City's stormwater sewer system may lawfully be used for the expenses in question. Appendix 1S 442 I J i I SSWM RATE STRUCTURE RECOMMENDATION FOR UAC Barry Loveless Public Works Director April 27 , 2015 Comparison of Policy Goals with UAC Proposal from 2011 • Simplicity -Understa ndable to general pub li c~ -Minimize administrative costs to taxpayer ~ • Lo g ica l Nexus for Fee -Sing le-fami ly home: One basic fee (ERU) per home ~ -All other parcel : Fee based on impervious sq . footage ~ • Fairness -Same sq . foot method for multi-family rental/own -Possible -Low income discou nt whether owning or renting -Not recommended , property owners pay f ee, not renters -Lower fee if sparsely-deve loped (e.g ., parks) -Not recommended , on ly actual impervious charged , so logica l nexus Appendix 16 1 443 UAC Incentive Goals and Special Cases • Not recommended -Contrary to UAC Policy Goals • Would create more confusion to general public • Very complex and higher cost to administer -Will require significant data collection and ongoing data maintenance effort -Simplified definition of impervious surfaces eliminate s need for incentives -LID will be required in future , so all new properties would receive incentive discount for required elements • Recommend continuing current incentive program for t non-SFR that "exceed" the current standard I i Comparison with UAC Proposed Fees: Non-Residential • ISU : 3,000 sq ft -'1 ISU rate: TBD • "Hard Impervious Surface" -"raindrop " roof footprint plus impenetrable surfaces -'1 -exclude gravel and pervious pavements -'1 • Rate formula for parcels other than SFR -Impervious Surface (in square feet) --'1 -Divided by ISU sq ft (3,000) -'1 -Times the ISU Rate (TBD) -'1 I • Discounts -Not Recommended, except for low-income Appendix 16 2 444 Exempted Properties • City Streets • State Right-of-Way • Private Streets that meet the following defin iti on : -Have been named in accordance with BIMC 12.16.0SO(A), including : -Ways-of-travel that serve two or more properties other than the tract of which it is a portion, and ; -Ways-of-travel for which an easement has been granted by recorded deed . 1 • "Way of Trave l" means a roadway of whatever sort, includ ing but not 1 limited to , avenues , boulevards, ci rc les , courts , drives, lanes , loops , I places, tracts and ways , which is capable of carrying ve h icula r traffic . I (BIMC 12 .16.020) I Why Exempt City Streets and Not All Private Rights-of-Way? • The primary criteria included in the past decision to exempt city streets was the concept of "contributed capital" -City streets are part of the MS4 -Past city streets projects co nstructed the MS4 • Private Streets that are named , serve more than one lot, and are dedicated in an easement likely also included stormwater infrastructure • Other private ways of travel are primarily driveways that access or provide travel within those lots only and do not 1 contribute stormwater infrastructure I • State ROW is exempt by law if City ROW is exempt Appendix 16 3 445 i l i I Proposed Definitions • "Impervious ground cover" shall mean those hard surfaces which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural co nditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, includ in g , without limitation , such surfaces as rooftops , greenhouses or othe r covered cultivation, asphalt or concrete sidewalks, paving, unnamed ways-of- travel , driveways and parking lots, walkways, artificial turf playing fields , patio areas, storage areas, and gravel , oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. Excl uded, however, are a ll lawns , pastures, uncovered agricultural areas, and landscaped areas , including golf courses, ball fields , and playgrounds wit h soft ground cover. Also excluded are any permeable pavement areas that have been designed to completely infiltrate water applied to the surface as documented in a drainage report submitted and approved for the developed property. Proposed Definitions • "Landscaped Areas" shall mean those areas of any property type that are planted with trees, shrubs , or other plantings , including the soil or bedding material areas associated with the plantings. • "Non-residential property" shall mean all property developed for municipal, commercial, retail , industrial, manufactu ring, maintenance, utility, recreation, agriculture , park , school, religious, convalescent center, or any other private or public purposes . Appendix 16 4 446 I J Definition: Farms versus SFR • Single family residential (SFR) properties that include agriculture , animal husbandry, equestrian , or other development that supports commercial operations are required by City Code to obtain a business license from the City, and therefore will be assessed SSWM service charges in accordance with non- residential property -Impervious surface area I 3,000 = ISU Proposed Definitions • "Way of Travel " means a roadway of whatever sort, including but not limited to , avenues, boulevards , circles, courts, drives , lanes, loops, places, tracts and ways , which is capable of carrying vehicular traffic. • "Private Streets" meet all the requirements and have been named in accordance with BIMC 12.16 .050(A), including : -Ways-of-travel that serve two or more properties other than the tract of which it is a portion , and; -Ways-of-travel for which an easement has been granted by recorded deed . Appendix 16 10 5 447 Recommended Actions • Present UAC recommendations to City Council May 12 -Obtain concurrence to move forward with ordinan ce development • Complete audit/measurements of non-SFR properties -Complete Business License research for farms/agriculture/equestrian properties -Compl ete measurements for those not considere d SFR • Compute the updated number of ISUs city-wide • Finalize utility revenue requirement • Calculate new SSWM Fee • Notify property owners and allow period for appeal I · Notify KC of new SSWM billing by November 2015 i ~ QUESTIONS? i I ) Appendix 16 6 448