Loading...
HomeMy WebLinkAbout06/13/01 AGENDA CITY COUNCIL MEETING AGENDA JUNE 13, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - May 16, 2001 (#AB01-126) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS A. Easement Granted to Puget Sound Energy (PSE) for Electrical Facilities at Evergreen -7 Park (#AB01-127) B. Bid Award for Solid Waste, Recycling, & Yard Debris Collection Services Contract to Rabanco Ltd. (#AB01-128) 11. PUBLIC HEARINGS - ORDINANCES A. Ordinance (First Reading) Amending Existing Gambling Tax Rates and Establishing a New Tax Rate for House-Banked Card Games (#AB01-129) B. Ordinance (First Reading) Amending BMC Chapter 2.04, Providing for Notice of Hearings and Agendas; and Providing for Alternate Meeting Places for City Council (#AB01-130) "r 12. ADJOURNMENT OF MEETING COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM FOR A STUDY SESSION TO DISCUSS THE "PARKS & RECREATION COMPREHENSIVE PLAN UP-DA TE"... CITY COUNCIL MEETING JUNE 13, 2001 SPEAKERS LIST If you have a specific question that is not related to tonight's agenda, please submit your question to the Council in writing in order to receive a timely and complete reply. NAME ADDRESS TELEPHONE TOPIC 1.~)0-C_ ~' //~(,,~, ~' - . _ . 5. o e 10. "THE OLYMPICS" '~ N June 13,2001 City of Bremerton 286 4th Street Bremerton, WA 98337 The Kitsap County Labor Council, AFL-CIO representing 30,000 members in the Bremerton/Kitsap area, unanimously passed a motion at their regular meeting on Monday, June 11, 2001, stating that "the City of Bremerton cease in towing any vehicle until the owner of said vehicle is notified by registered mail that such vehicle is to be towed." It is expected that this owner is a resident of Kitsap County and if this vehicle posses a hazard or inconvenience, and must be towed, that it be stored at a public lot, for a period of time, not to exceed 6 months, and Further, the City of Bremerton award no bids to any towing contractor who does not comply with this resolution. Submitted by: Secretary-Treasurer JSA:tme opeiu#23 afl-cio Printed on recycled paper ~~~o ~ AGENDA BILL BREMERTON CITY COUNCIL JUNE 13, 2001 1. SUBJECT: 'FOR AGENDA OF: ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- HAY 16, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: JUNE 4, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT I"'1 INFORMATION ['1 APPROVED BY COUNCIL ~.J3.~SIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ['1 TABLED Fl APPROVED [1 DISAPPROVED Fl AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1769 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES May 16, 2001 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 16, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Conrad Esser, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Deputy City Clerk Paula Johnston; Assistant City Attorney David St. Pierre; and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Pastor Rick Bodrie of Calvary Chapel. President Law made the following announcements: 1) A Pre-Council session to discuss general Council business was held prior to the Council Meeting, which included a 10-minute Executive Session from 5:07 to 5:17 P.M. to "REVIEW LABOR NEGOTIATIONS" per RCW Chapter 42.30.140(4)(b); 2) Council will reconvene in the Council Conference Room immediately following the meeting for a Study Session to discuss the "MILLER & MILLER REVIEW OF THE ADMINISTRATIVE SERVICES DEPARTMENT"; 3) Item 10E -"PROFESSIONAL SERVICES AGREEMENT FOR FOSTER PEPPER LAWSUIT SUPPORT" was pulled from the meeting agenda tonight; 4) A Study Session will be held immediately following the Council Meeting on Wednesday, May 23, 2001 to discuss "COMPUTER HARDWARE & SOFTVVARE ACQUISITION"; 5) The Council Meeting will be held Tuesday, May 29, 2001 at 5:30 P.M.; and 6) The Council and Mayor will participate in a "RETREAT WITH THE FACILITATOR" on Wednesday, May 30, 2001 from 12:00 noon to 8:00 P.M. at the Oyster Bay Inn on Kitsap Way. CONSENT AGENDA A. Minutes of Meeting - April 25, 2001 (#AB01-102) B. Minutes of Meeting - May 2, 2001 (#AB01-103) #0080 M/S/C/U (McConnell/Arends) Move to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0110 M/S/C/U (Esser/McConnell) On May 16, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 252093; and 252104 through 252338 in the amount of $1,147,626.51. COUNCIL MEMBER REPORTS Carol Arends announced a Community Meeting on May 24th from 7:00 to 8:30 P.M. at the Summit Avenue Presbyterian Church to discuss improving neighborhoods and promoting community development with Mayor Lynn Horton and Building & Planning Director Chris Hugo. She also announced a combined District 6 & 7 meeting would be held on May 31st beginning at 6:30 P.M. in the Boardroom of the Bremerton School District Office located on Marion Avenue. The topic will include a presentation on "Methamphetamine" by Detective Keith Sargent and Sergeant Larry Hill of Police Special Operations. ,3 TAPE #1769 City Council Reg. Mtg. Minutes May 16, 2001 Page 2 of 4 Mike Shepherd announced a District 5 Neighborhood meeting on Thursday, May 17, 2001 beginning at 6:30 P.M. at the Memorial Lutheran Church located at 10th& Veneta with Chris Hugo of the City's Building & Planning Department; he also reminded citizens to attend the First Friday Art Walk and related events this week; reported on a Tea Party he attended last week; acknowledged that there is a great number of people involved in home improvement; and noted that a particular Block Watch chapter has been highly successful and responsive on the Pennsylvania block. Ed Rollman invited the public to attend the Centennial Historical Committee Photo Exhibit located at 4th & Pacific, depicting the past 100 years of Bremerton's history. The exhibit is free and will be open on Thursday 11:00 A.M. to 7:00 P.M., Saturday 9:00 A.M. to 7:00 P.M., and Sunday 11:00 A.M. to 7:00 P.M. The exhibit will be closed until the First Friday Art Walk and then will be open through the summer. He also reminded citizens to attend other Armed Forces Festival events. Cecil McConnell announced that the final discussion on the Government Center would be held at Port Orchard City Hall at 7:00 P.M. tonight. He also reported on the combined District 1 & 2 Meeting held Monday and thanked Officer Peterson and Officer Vertifae for attending the meeting. Wayne Olsen also thanked the Mayor and the Police Officers for attending the District 1 & 2 Meeting; and announced the Lyon's Club Breakfast from 6:00 A.M. to 10:00 A.M. on Saturday, May 19th. o~ announced that there would be no District 3 meeting for the month of May, but that he would make up for it with lots of information at the next District 3 meeting on Tuesday June 12th. COUNCIL COMMITTEE REPORTS Cecil McConnell reported on activity in the Charter Committee, also attended by Ed Rollman, Wayne Olsen, Carol Arends, and Kathleen McCluskey. MAYOR'S REPORT Mayor Horton commended the contributors to the Centennial Display; reported on the Downtown Library Restoration Project and that pledge cards are available; and encouraged people to attend the Armed Forces Festival. The following proclamations were read: · The Month of May as "Foster Parent Appreciation Month", which was accepted by Rick Williams, President of the Foster Parent Association; · May 17, 200'! as "Poppies Days", which was accepted by Ruth King Yates, American Legion Auxiliary; · May 19- 25, 200'1 as "National Safe Boating Week"; which was accepted by Cynthia Urban, Commander of the Bremerton Power Squadron; and · May 20- 26, 200'1 as "National Public Works Week" which was accepted by Bob Tulp, Public Works & Utilities. T m._.~O__~__L_QQg of Bremerton Rotary briefly described the Rotary-sponsored "JIM SHANK MEMORIAL SCHOLARLISH ESSAY CONTEST", and introduced this year's First Place Winner "Putting a Stop to Squatting" by Natanya Wilson; and the First Runner Up "A Community Behind Its Youth" by Chris Keouo_h. Mayor Hod;on clarified that the actual house discussed in the "Putting a Stop to Squatting" essay was not located in the City of Bremerton, and health issues can be addressed by eviction. TAPE #1769 City Council Reg. Mtg. Minutes May 16, 2001 Page 3 of 4 LEGISLATIVE REPORT - There was no report tonight. PUBLIC RECOGNITION H. Emily Moshay, Centennial Committee, commented on the Centennial Display and upcoming Lyon's Breakfast. She added that the adult tickets for the pancake breakfast are $5 and child tickets for ages 5 to 11 are $2. Pat Wright, Business Owner, announced the events of the Armed Forces Festival. Don Larson announced grant opportunities that would help with City greenbelt planning. 10A - BID AWARD FOR DOUBLE DRUM VIBRATORY ROLLER (AB01-104): Jim Orton, Fleet Manager, stated that the Equipment Services Division on behalf of the Streets division called for bids for a double drum vibratory roller per RCW and City of Bremerton purchasing policies. Four (4) bids were received, however, only one bid met specifications. It is recommended that the bid be awarded to Clyde West in the amount of $45,042.36 for a BOMAG BW135AD double drum vibratory roller. There were no comments from the public. #1715 M/S/C/U (Reed/McConnell) Move to approve the bid of Clyde West in the amount of $45,042.36 for a BOMAG BW135AD double drum vibratory roller and authorize the Mayor to execute the contract subject to current Administrative Policies and Procedures. 10lB - BID AWARD FOR RE-DRILLING THE CITY'S WELL 18 (#AB01-105): Kathleen Cahall, Water Resources Manager, summarized that in August 2000, the City's Well 18 failed from sand production and is unusable. A video inspection by a hydrogeologist indicated that the well needed to be replaced by re-drilling a new well in the vicinity. Four (4) Bids were received, with Charon Drilling submitting the lowest bid at $39,038.56. There were no comments from the public. #1800 M/S/C/U (Shepherd/Reed) Move that Council award the installation of the new well to the lowest bidder Charon Drilling, and authorize the Mayor to sign subject to City administrative policies and procedures. 10C - REQUEST FOR ACCEPTANCE OF POINT FACTOR JOB RATING SYSTEM AND SALARY SURVEY AND COMPENSATION PROCESS FOR THE "CLASSIFICATION AND COMPISNSATION STUDY" (#AB01-106): Carol Conley, Human Resources Manager, emphasized that in order to begin the employee appeal process for the Classification and Compensation Study, it is the recommendation of the Classification and Compensation Committee (CCC), that the point factor job rating system and salary/compensation process as outlined in the Prior/Martech report presented to Council at the Study Session on April 23, 2001 for the Teamsters bargaining unit, be adopted by the City Council. It is the CCC's concern that without the concurrence of the City Council, the employee appeal process would serve no purpose. The Council is not being asked to approve the recommendations or implementation of the study at this time. There were no comments from the public. #1940 M/S/C/U (Reed/Shepherd) Move to adopt the point factor job rating system and salary/compensation process as outlined in the Prior/Martech report presented to Council at the Study Session on April 23,2001 for the Teamsters bargaining unit. TAPE #1769 City Council Reg. Mtg. Minutes May 16, 2001 Page 4 of 4 10D - PROFESSIONAL SERVICES AGREEMENT AMENDMENT WITH OLSEN & OLSEN (#AB01- 107): Pea__ay Lesser, Risk Manager, mentioned that Olsen & Olsen has been providing various legal services to Bremerton since December of 2000. The City is pleased with the quality and cost of those services; wants to assign the defense of additional matters to this firm; and to extend the contract for an additional year. There were no comments from the public. #2000 M/S/C (McConnell/Younger) Move to approve the amendment to the professional services agreement with Olsen & Olsen for an additional amount of $30,000 with a total not-to-exceed contract amount of $49,950.00. Voted in favor of Motion: Arends, Reed, Olsen, McConnell, Rollman, Shepherd, Younger, and Law Voted opposed to Motion: Esser Motion carried: 8-Yes; 1-No ~.0E PROFESS!OH.~.L SF. RV!CES .~.GRFF. E.~ENT FOR FOSTF. R P=_PPER '.-~.WSU!T S'JPPORT ~ Item was pulled from the agenda. With no regular Council business, the meeting adjourned at 6:31 P.M. Council then reconvened in the Conference Room for a Study Session to discuss the "MILLER & MILLER REVIEW OF ADMINISTRATIVE SERVICES DEPARTMENT". Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL SUBJECT:Easement granted to PSE for FOR AGENDA OF: June Ig 2001 Electrical facilities at Evergreen Park ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Becky Lorber, Rec. Prog. II DATE SUBMITTED: June 1, 2001 2. CLEARANCES: 3. EXI~BITS: (Comment on back ifneeessary)~*~'-~/ ~ ,~. (7 1. PSE Letter Parks & Recreation Director:~.~-~ff~ , 2. Easement Descriptions PWDirector:~"/ /~--'/~ ~'/ ~ Fiscal & Budget Committee: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: PSE is requesting a grant of several easements at Evergreen Park for relocation and conversion of their electrical facilities in conjunction with the development of Evergreen Park Phase II. Staffrmends approval. 8. RECOMMENDATION: Move to approve the easement grant to PSE for the relocation and conversion of electrical facilities in conjunction with the development of Evergreen Park Phase Il. 9. RESPONSIBLE OFFICIAL: Parks Director ENFORCEMENT OFFICIAL: Parks Director EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: I1. AGENDA BHJ~ #: 7 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: PSE will have physical plant on City property without a perfected easement right. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This grant project will not significantly impact staffing, maintenance and operations activities. The Department can absorb related costs within its current budget. 7. RESEARCH SOURCES: PUG ET SOUND ENERGY December 29, 2000 City of Bremerton Parks and Recreation 680 Lebo Boulevard Bremerton, WA 98310 Attention: Mr. Cris Gears RE: Evergreen Park Dear Mr. Gears: Enclosed are the easements required by PSE for the relocation and conversion of our electrical facilities in conjunction with the development of Evergreen Park. Please have the authorized agents sign the original of the easements before a Notary Public. Return the signed original to this office. The copies and sketches may be retained by the owners for their records. If you have questions regarding this request, you may contact Kitty Ogg or Tom Brobst in our Bremerton office on 475-7078 or 475-7064 respectively. Your earliest response to this request would be greatly appreciated and thank you for your assistance in this matter. er~ ~, Real E/Sleasman SR/WA rate Representative enclosures Puget Sound Er~ergy, Inc. · 6522 Kitsap Way ~ Bremerton, WA 98312 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department 6522 KItsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: G.L. 1, 13-24N-01E ASSESSOR'S PROPERTY TAX PARCEL: 132401-2-014-2002, 132401-2-016-2000, 132401.2-015-2001, 132401-2-022-2002, 132401-2-028-2006, 132401.2-029-2005, 3709-004-001-0009 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF BREMERTON, a Washington municipal corporation ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" heroin), for the purposes heroinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described roal property ("Property" herein) in KITSAP County, Washington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: An Easement Aroa FIFTEEN (15) feet in width having SEVEN AND ONE-HALF (7 t/2) feet of such width on each side of a centerline described as follows: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED AS DESCRIBED BELOW, LYING WITHIN THE ABOVE DESCRIBED PARCELS AND ALL THAT PORTION OF SHELDON BOULEVARD ADJACENT TO THE ABOVE DESCRIBED PARCELS. PARCEL I: THE SOUTH 15 FEET LYING WITHIN THAT VACATED PORTION OF 14TM STREET THAT WOULD ATTACH BY LAW. PARCEL I1: THE EAST 15 FEET AND ANY PORTION OF VACATED 14TM STREET THAT WOULD ATTACH BY LAW. PARCEL Ill: THE WEST 15 FEET AND ANY PORTION OF VACATED 14TM STREET THAT WOULD ATTACH BY LAW. PARCEL IV: THE WESTERLY 15 FEET. PARCEL V: THE WESTERLY 15 FEET THAT LIES EAST OF SHELDON BOULEVARD. PARCEL VI: (A) THE WESTERLY 't5 FEET THAT LIES EAST OF SHELDON BOULEVARD. (E) THE SOUTHERLY 15' THAT LIES NORTH OF SHELDON BOULEVARD. PARCEL VII: THE SOUTHERLY 15 FEET THAT LIES NORTH OF SHELDON ~OULF..V.aR[~. 1. Purpose. Grantee shall have the right to construct, operate, maintain, repair, replace, improve, remove, enlarge, and use the easement area for one or moro utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but aro not limited to: UG Electric 11/1998 101005736 PAGE 1 OF 5 a. Overhead facilities. Poles, towers and other support structures with crossarms, braces, guys and anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables and facilities for communications; transformers, street lights, meters, fixtures, attachments and any and all other facilities or appurtenances necessarY or convenient to any or all of the foregoing; and. b. Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground-mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exemise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Gr';ntee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area., 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 2001. GRANTOR: CiTY OF BREMERTON ATI'EST: BY: BY: Lynn S Horton, Mayor Kathleen L. McCluskey, City Clerk BY: Approved as to form: David StPierre, Assistant City Attomey STATE OF WASHINGTON ) ) ss COUNTY OF ) On this __ day of ,2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Lynn S. Horton, to me known to be the person who signed as Mayor, of CITY OF BREMERTON, a Washington municipal corporetion~the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON, a Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that __ was authorized to execute the said instrument on behalf of said CITY OF BREMERTON, a Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Pdnt or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at. My Appointment Expires: PAGE 2 OF 5 wZZO~ ~ ~ , ~ ~ ~ w w O~z ~ w ~ ww- ~oz~-'< ~ . z z~= za ~ ~ ~W~ ~ ' - ,,,~o~ =~, ~ . ~ ~ zz~ ~0 -- - mjm~ ~ k~o~° 'Zo ~~o=_~ z ~ o~w~P~~2~> ~=~- - o~ wz~w~z=~mW~oz= ==~'-Zw=mmmw .... > ~~= =w>~m=w - = :~;=~- ~ ~ww ~zz~o ~ = ~mOz~Z~=~~~ z ~ ~0.~ ~ O~ z~ 0 .-~ .... =~=~ ~ ~ ~m~m~ ~w> ~ooo ~oo oz · ~o~ oo ~ ~~ =~ ~ ~oea z~z_ ~ 0~0 ~0 ~zOO~ ~OZ~ ~~ Z~Z~ O~ w~mm; --~ ~ r ~- ~Z~ ~ ~ O~z ~OzW O~ ~ Z oo.z ~--0~ 0 ~Z zo~ ~ ~Ow~w ~.- ~ Owo Z-- ~mm~ ~ z-~Z~ ~o~ ~o~O~ ~oO~ z~ ~ ~o~ mO zZ. ~ ~0~ z~. ~= ~z~ O0 ~o~z~z~~~ ~ ~ o~oo ~ mm~ ~zw. ooow ~gww ~o~- ~o ~ ~=o~ o;o~=~ ~ ~ =~°~~>~ ~~o~ z=o~o~:~: ozm z ~m=< oo z ~ ~= -- :0o~ w~zz~ ~ oo ~o~ ~ z ~ ~..~ .-o~ .~ ~ ~) m~' ~0 z ~0 -- ~Z~ zmo <oo m~ ~ o~ < ~z~ m ~mm ~uo~z ~ ~ ~ "~ "~ 005 \ GOVERNMENT ~OT 1 I 709 ~5 ~2 055 ~6 14 044 045 079 O~ 001 039 AGENDA BILL BREMERTON CIT~ COIIRCIL 1. SUBJECT: FOR AGENDA OF: 6/13/01 ORIGINATING DEPT: Admin. Srvs. Garbage, Recyclables & Yard ORIGINATOR:K. McCluskey ~ Debris Collection Contract DATE SUBMITTED: 6/6/01 Bid Award 2. CLEAP~NCES: (comment on back 3. EXHIBITS: ~ ~'~C~' \, ~ ~o~neces sary) 'A~torn~ ~-~~~---;~.jJ l~ Bid Evaluation Spreadsheet Public ?or~ ~irec~r v~-64~_ (Complete bids are available  In the council office) E INFORMATION APPROVED BY COUNCIL PRESIDENT FOR/S~BMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: ~ Pursuant to Ordinance, a Solid Waste Advisory Committee was formed in January of 2000 comprised of John Law, Chair, Wayne Olsen, Lyle Nelson representing residents, Steve McDaniel representing business, Gene Sampley, PW&U Director, David St. Pierre, Asst. City Attorney and Kathleen McCluskey, Administrative Services Director. Throughout the past year, the committee worked with the consultant to develop the bid specifications, distributed surveys through the garbage bills and district meetings and held public hearings. Three bids were received on Monday May 21, 2001 and the iow bidder is Rabanco Ltd. 8. RECOMMENDATION: ~o~a to approve bid award for Solid Waste, Recycling and Yard Debris collection services to Rabanco Ltd. 9. RESPONSIBLE OFFICIAL:Admin. Srvs. ENFORCEMENT OFFICIAL: Admin. Srvs. EXPIRATION DATE: 2006 REVIEW DATE: 2005 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Current contract expires 12/31/01 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES The low bid is approximately $400,000 less than the next low bidder and $500,000 below the third bidder. Overall garbage rates to Bremerton citizens go down. 7. RESEARCH SOURCES: Sound Resource Xlanagement May 24, 2002 Ms. Kathleen McClusky Administrative Services Director City of Bremerton 239 4~h Streef Bremerton, WA 98337 RE: Solid Waste Collection Bid Results Dear Ms. McClusky, · - We have reviewed the three solid waste collection bids submitted to the City and have determined that Rabanco, Ltd. is the apparent low bidder. The calculated bids were as follows: Rabanco Ltd. $2,309,564. Waste Connections of Washington, Inc. $2,732,369. Waste Management $2,836,166. The bid totals were determined by multiplying the existing customer counts by the rates for each service level provided by the bidders. , The previously faxed "Bid Evaluation' form shows each level of service, the rate bid' by each bidder and the total expected revenue for each bidder, by sector and in total. If you have any questions about the attached form, please call Jeff Morris at (360) 738-0255. Sincerely, J~lif Brown SRMG, Inc. 112 Ohio Street, Suite 202. Bellingham, WA 98225 USA 360-738-0255 · FAX 360-738-0256 1477 Elliort Avenue W., Seattle, \Vashington 98119-t 304 ~ :SA 206-352-9505 · FAX 206-35Z-9566 '\l."ebsite: www.:erowaste.com · Email: :erowaste@aol.corn Ma~ 23 O1 09:03a Sound Resource Man&~ement 360-?38-0256 p.2 Bid Evaluation I CITY.OF BREMERTON Garbage and Yard Debris Service Fees Rabanco Waste Conn. Waste Mgmt SERVICE Customer Service Service Service CLASS Counts Fee Fee Fee Residential Servicea- Curb Sv~ !Weekly Service: 1 10 Gal. Microcan 140 $8.02 $8.23 $4.43' 1 20 Gal. Miniaan 1688 $7.26 $9.86 $8.86 1 32 Gal. Can 5227 $10.48 $13.71 $12.66 2 32 Gal. Cans/1 64 Gal. Cart 875 $21.64 $21.34 $18.36 3 32 Gal. Cans/1 96 Gal, Cart 49 $30.32 $26.59 $24.05 1 'extra" 32 gallon can or equivalent 522 $3.60 $1.70 $4.50 ' Yard Debris Service: I Basic Subscription Service 660 $7.50 $10.70 $6.75 , Extra YD Cans/Bags rEA,) $3.60 $2.06 $3.75 Extra 96 Gal. YD Cart: rent+coil $7.00 $10.70 $5.75 Miscellaneous Fees: Return Trip $ 7.35 $12.25 $9.90 Drive-in Charge $6.00 $3,25 $8.00 Redelivery Fee (Carts) $11.65 $6.0( $15.00 ,, Res. Services-Carry-Out Surcharge ;All Residential Can/Cart Service Levels 7 4 $1.80 $3.2~ $4.95 On-Call Bulky Waste Collection: Appliances (non-refrigerant) new $65.00 $32.58 $47.98 Refrigerator/Freezer new $70.00 $50.08 $70 50; Sofa new $61.91 $35.56 $47.98 Chair new $55.96 $35.56 $32.23 Mattress or Box Springs new $50.74 $34.07 $23.49i Tires: Auto/Light Truck new $25,89 $36.58 $16,04 Bus/Heavy Truck new $52.98 $42.58 $17.08 Add1 for Rims or Wheels new $26,49 $0.00 $11.45 Miscellaneous, per cubic yard new $53.75 $36,84 $68.89 Temporary Container Service: Temp. 1,5 Yard Container 1 $20.32 $85,85 $39.46 Daily Rent $ I. 00 $2.00 Delivery Fee $26.50 $31.00 Temp. 2 Yard Container 2 $26.31 $99.77 $46139 Daily Rent $1.00 $2.00 Delivery Fee $26.50 $31.00 Temp. 3 Yard Container ~ $36.54 $125.94 $59.79 Daily Rent $1.00 $2.00 Delivery Fee : $26.50 $31 Temp. 4 Yard Container 2 $47.70 $165.14 $73.20 Daily Rent' $1.00 $2.00 Delivery Fee $26.50 $31.00 Temp. 6 Yard Container 0 $67.52 $238.89 $99.30 Daily Rent $1.00 $2.00 Delivery Fee $26.50 $31.00 .{ Temp 100 yard Container (demolition) S1,907.10 $1,965.48 $1,331.70 Daily Rent $25.00 $70.00 Return Trip to Collect . { $120,00 $ Avg. per month $1,151,566.08 $1,429,447.32 $1,282,327.4~ City ot: Bremerton Eva]~mtion 1 ~a~ 23 Ol 09:03a Sound Resource Hana~ement 360-?38-0256 §id Evaluation CITY OF BREMERTON i Garbage and Yard Oebds Service Fees SERVICE Rabanco Waste Conn. Waste Mgmt Customer Service Service Service ! CLASS Counts I Fee Fee Fee IMultlfamily Cans & Carts Weekly Service [1] 1 20 Ga. Minican 2 $8.73 $I 1.8.~ 132GAL Can 30 $9. 5 $75.67 $ 4.56 64 Gal. Cart 1 4 $23,30 $23.30 $20.36 ~,..~, o ~ 1 96 Gal. Cart $34.9~ $28.55 $26.05 !'Ex[ra" 32 Gal. Can/Bag ea. $3.89 $1.70 $4.50 ~, "{'~ Miscellaneous Services Relum Trip $7.35 $12.25 $9.90 Carry-Out Service (per can) $1.80 $3,25 $1.50 Redel ve~j $11.65 $6.00 $15.00 Re,l-Out Cont~ine~ $2.20 $1.73 $10.00 Disconnect Hydraulics $30,00 $4,20, $32.00 Unlock Container $10.00 $1.73 $20.00 !Gste Opening $10,00 $1,73 $20,00 Sleam Cleaning (per yd.) $3.00 $1.25 $4.70 · Multifamily Uncompacted Containers ',1 Cu. Y(~. uncompacted t! Pickup/VVeek/Container new $72.49 $65.95 $6B.43 Pickups/Week/Container new $128.90 $124,41 $132.27 Pickups/Week/Container new $185.30 $182.86 $196.10 4 Pickups/Week/Container new $241.70 $241.31 $259.93 5 PickupS/Week/Container new $298.10 $299.76 $323,76 1.5 Cu. Yd. Uncomp~cted 1 Pickup/Week/Container 32 $76.84 $94.06 $93.20 3 Pickups/Week/Con(ainer 7 $131.03 $1 76.22 .90{ $ 1 8{3 Pickul3s/Week/Container 3 $186.46 $256,36 $268.60 !4 Pickups/WeekJConSainer $241.90 $335.54 $356.30 5 Pickups/Week/Container $297.33 $414.70 $443 2 Cu. Yd, Uncompscted 1 Pickup/WeekJOontainer 5 $96,24 $124.50 $118,97 ~ O~. ~ 7 2 Pi~kupsANeek/Container 1 $168.18 $228.81 $230.60 3 PickupsANeek/Container $238.12 $333.12 $342.24 4 Pickups/week/Container $308.05 $437.43 $453.87 5 Pickups/Week/Conlainer $377.99 $541.74 $565.51 3 Cu. Yd. Uncompacted 1 Pickup/Week/Container 25 $128.53 $164.35 $168.50 ~,~ '7.~ 2 Pickups/Week/Container 4 $219.12 $303.58 $329,15 j3 PickupsJWeek/Contalner 3 $309,80 $442.80i $489,79 '4 Pickups/Week/Container $400.42 $582.031 $650.44 5 Pickups/Week/Container $478.42 $721 25 $811,09 4 Cu. Yd. Uncompacted 1 Pickup/Week/Container 7 $152.44 $202.92 $218.03 2 Pickups/Week/Container 4 $260.65 $371.73 $427.21 [3 Pickups/Week/Cont&iner 2 $365.58 $540.55 $636,39 4 PickupsANee k/Con(ainer $470.74 $709.37 $845.57 15 Pickups/Week/Container t6 Cu. Y(~, Uncompacted $563.19i $878,18 $1,054.75 Pickup/Week/Container 1 1 $206.531 $288.08 $314.10 2 Pickups/Week/Container 6 $349.891 $531.88 $ 616.59 3 Pickups/Week/Container 1 $493.27/ $775,69 $919.09 .i4 Pickups/WeekJContainer $636.16 $~ ,0~ 9.50 $1,221 i5. Pickups/Week/Container $758.00 $1,263.30 $1,524.08 · Avg per mo City of Bremerton Evaluation 5,22/01 Ma~ 23 O1 09:03a Sound Resource Management 360-?38-0256 p.~ Bid Evaluation i CITY OF BREMERTON Garbage and Yard Debris Service Fees t Rabanco Waste Conn. Waste Mgmt 'SERVICE Customer Service Service Service .CLASS L-- co..ts ! , F.. ,{ Multilamily Uncompacted Containers It -- ,8 Cu. Yd. Uncompacted1 iiPickupANeeldContainer new $Z§8.48 $424.14 $405.161 PickupsRVeek/Container new $453.72, $846.28 $794.82! , Pickups/Week/Container new $638.95 $1.268.42 $1,184.48: r3ew i4 Pickups/WeekJContainer $824.18 $1,892,58 $1,574.14 ,5 Picku@s/WeeldContainer I new · $1,009.42 $2,118.71 $1~,g63.80, '~ulUfamlly Compacted containers 1 ~ 1 Cu. Yd. Container new $95.28 $109.06 $144.27 1.5 Cu. Yd. Container new $117.81 $160 43 $204.59 t2 Cu. Yd. Container new $140.34 $204.12 $266.161 3 Cu. Yd. Container new $218.24 $280.71 $386.80 4 Cu. Yd, Conta nor new $296.14 $356.30 $507.44! 6 Cu. Yd. Container new $425.41 $522.59 $744.98 Extra Uncompacted Cubic Y,ard/Picku[3 ., , $10.00 $.10.97 $14.32i Multifamily Yard Debris 1 Basic Service (96 gal cart, EoW/Mon) new $8.50 $10.70 $6.75 1 32 gallon extra $2.85 $9.36 $3.75i 11 2 cubic yard container, weekly new $430.27 $53.98 $91.23, [1 extra cubic yard new $10.53 $7.93 $12.17 ....... ' Av~l per mo J CiTY OF BREMER'i:0N I Garbage and Yard Debris Service Fees Rabanco ! Waste Conn. Waste Mgmt SERVICE Customer Service Service Service CLASS Counts Fee . Fee Fee Mul~i~amily Drop. bo~ Collection Noncompacted Service I t0 Cu. Yd. Container $85.86 $73.75 $129.50 1 15 Cu. Yd. Container $85,861 $85.75 $142.25 1 20 Cu. Yd. Container 1 $85.86~ $94.50 $155.00 1 25 Cu. Yd. Container $89.64 $105.50 $167.75 1 30 Cu. Yd. Container 2 $90.72 $119.50 $180.50 1 40 Cu. Yd. Container $108,43 $142.50 $206,00 Compacted Service il10 Cu. Yd. Container $86.40 $90.00 $144.50 t 15 Cu. Yd. Container $108.00 $106.00 $157.25 120 Cu. Yd. Container $126.09 $141.90 $170.00 25 Cu. Yd. Container 1 $135.00 $160.75 $182.75 11 30 Cu. Yd. Container 1 $131.28 $186.50 $195.50 1 40 Cu. Yd. Container $177.98 $203.75 $221,00 Drop-box (Tamp) I1 10 Cu. Yd. Container $95.86 $73.75 $159,50 il 15 Cu, Yd. Container $95.86 $85.75 $172.25 1 20 Cu. Yd, Container $95.86 $94,50 $185.00 il25 Cu. Yd. Container $99.64 $105.50 $197.75 1 30.Cu. Yd. Container I $100.72 $119.50 $210.50 .[1 40 Cu. Yd, Container~. $118.43 $142.50 $236.00 i ; $238,530.41 $322,503.96 $351,392.28 City of Bremerton Ev~uat/on al 5/22/01 May 23 O1 09:03a Sound Resource Management 3GO-?38-O25B p.S Bid Evaluation I CITY OF BREMERTON Garbaqe and Yard Debds Service Fees [ Rabanco Waste Conn. Waste Mgmt I Customer Service Service Service CLASS i Counts Fee Fee Fee Commercial Cans & Carts iWeekly Service [1] [1 20 Gal. Mi~ican $6.2: $7.39 $9,8( <~.o~_ I132Gal. Can 171 $9.12 $11.24 $13.66 1 64 Gal. Cart 62 $21.58 $18.87 $19.36 ~ 1 96 Gal. Cart $32.36 $24.12 $25.05 :'Exlra' 32 GaL Can/Bag ea. $3.60 $1.70 $4.50 Miscellaneous Services iReturn Trip $7.35 $12.25 $9.90 Carry-Out Service (per can) $t .80 $3.25~ $1.50 Redelivery $11.65 $6.0o, $15.00 ' RotFOut Conte,{ner $2.20i $1,731 $10.00 Disconnect Hydraulics $10,00 $4.20i $32,0(3 Unlock Container $10.00 $1.73 $20.00 Gate Opening $10.00 $1.73 $20.00 /Steam Cleaning (pe¢ yd.) $3,00 $1.25 $4.70 Commercial Uncompacted Containers 1 Cu. Yd. Uncompactecl 11 Pickup/Week/Container new $67.12 $52.48 $58.90 I2 Pickups/Week/Container new $119.35 $97.47 $113.20 13 Pickups, Week/Container new $171.57 $142.45 $167.50 4 Pickups/Week/Container new $223.80 $187.43 $221.80 5 Pickups/Week/Container new $276.02 $232.41 $276.10 1.5 Cu. Yd. Uncompacted 1 Pickup/Week)Container 159 $71.15 $73.85 $78.90 ~ ~. ~-~ ;2 Pickups/Week/Container 13 $121.32 $135.81 $152,30 3 Pickups/Week/Container 3 $172.65 $195.76 $225.70 4 Pickups/Week/Container $223.98 $254.72 $299.10 5 Pickups/Week/Container $275.31 $313.67 $372.50 2 Cu. Yd. Uncompacted 1 Pickup/Week/Container 22 $90.96 $97.56 $99.90 Pickup&/Week/Container 3 $155.72 $174.93 $192.47 Pickups/Week/Con[ainer 1 $220.48 $252.30 $285.04 4 Pickups/Week/Container $285.23 $329.87 $377.61 [5 PicKupsANeek/Container $349.99 $407.04 $470,18 3 Cu. Yd. Uncompacted. Pickup/Week/Container 87 $119.01 $123.94 $139.90 ~'~'7', 2 P[ckupsANeek/Container 22 $202.89 $222.76 $271.95 3 Pickups/week/Co~tainer 1 6 $286.85 $321.57 $404.00 i4 Pickups/Week/Container 0 $370.76 $420.39! $536.05 5 Pickups/week/Container 2 $442.98 $519.20 $668. I 0 4 Cu. Yd. Uncompacted 1 PickupANeek/Contain er 30 $141.15 $149.04 $179.90 ~ ~/..~. ~,t--/ 2 P ckups/Week/Container 1 7 $241.34 $263.97 $35095 3 Pickups/Week)Container 5 $338.50 $378.91 .$522.00 '4 Pickups/Week/Container 0 $435,871 $493,85; $693.05 5 Pickups/Week/Container 2 $521.47 $608.78 $864.10 '6 Cu. Yd, Uncompacted I1 PicKup/Week/Container 32 $191.23 $207.26 $256.90 cx~c,~, l! Pickups/WeeldConlainer 25 $323.97 $370.24 $502.20 Pickups/Week/Container 3 $456,73 $533.23 $747.50 Pickups/Week/Conlainer 1 $589,04 $696.22 $992.80 i5 Pic~<ups/Week/Container ~ 3 $701.85 $859.20 $1,238.10 ' Avg per mo Cit7 of Bremerton Evaluation Ha~ 23 01 OS:O4a Sound Resource Bid Evaluation CITY OF BREMERTON Garbage and Yard Debris Service Fees Rabanco Waste Conn. Waste Mgmt SERVICE Customer Service Service Service CLASS Counts Fee Fee Fee Commercial Uncompacted Containers 8 Cu, Yd. Uncompacted 1 Pickup/Week/Container new $248.59 $302.91 $328.90 2 PickupsRVeek/Container new $420.11 $803.82 $842.30 3 Pickups/Week/Container new $591.62i $904.73 $955.70 .4 Pickups/Week/Container 5 ..... ,,uw ~ rt~u. 131 $1,207.64 $1,269,10 Pickups/Week/Container new I $934.651 $1,512.56 $1,582.50 !Compacted ContainersI "' I ' ~1 Cu, Yd. Container $88.22! $95.59 $141.39' 1.5 Cu. Yd. Container new $109.08 $140.22 $200.27 12 Cu. Yd. Container new $129.94 $1 77.18 13 Cu. Yd. Container new i $202.07 $240.30 $378.16 ,4 Cu. Yd. Container new; $274.20 $302.42' $495.92 8 Cu. Yd. Container new / $393.90 $441.87 $727.691G~,g. Extra Uncornpacted Cubic Yard/Pickup , ,,ti $10.00 $10.97 $14.32 Commercial Yard Debris i ..... 1 Basic Service (96 gal cart. EoW/Mon) newI~ $8.50 $1 0.70 $6.75 1 32 gallon extra I $2.85 $9.36 $3.75 1 2 cubic yard container, weekly newI $430.27 $53.98! $91.23 1 extra cubic yard new i $10.53 $7.93 $12.17 Rabanco Waste Conn. Waste Mgm~ SERVICE Customer Charge per Charge per Charge per CLASS Counts Haul Haul Haul Commercial Drop-box Collection Noncompacted Service I 10 Cu. Yd. Container 2 , $79.50 $62.75' $104.00 1 15 Cu. Yd. Container 0 t $79.50 $68.75~ $104.00 1 20 Cu. Yd. Container 1t $79.50 $72.50' $104.00 1 25 Cu. Yd. Container 0 i $84.00 $78.50, $104.00 1 30 Cu. Yd. Container 5 $84.00 $86.50i $104.00 1 40 Cu. Yd. Container 0 i $100.40 $98.50 $104.00 Compacted Service 1 10 Cu. Yd. Container 0 $80.00 $68.00 $11 9.00 1 t5 Cu. Yd. Container 0 $100.00 $72.00 $119.00 1 20 Cu, Yd, Container 2 $116.75 $87.90 $119.00 1 25 Cu. Yd. Container 3 $120.00 $94.75 $1 I9.00 1 30 Cu. Yd, Cont6iner 4 $130.20 $98.50 $119.00 1 40 Cu. Yd, Container 1 ,, $164.80 $115.75 $119.001 Drop-box (Temp) 1 10 Cu. Yd. Container $89.50 $62.75 $134.00 1 15 Cu. Yd. Container $89.50 $68.75 $134.00 1 20 Cu, Yd. Container t $89.50 $72.50 $134.00i !1 25 Cu. Yd. Container I $94.00 $78.50 $134.001 ,1 30 Cu. Yd. Container [ 1 7 $94.00 $86.50 $134.00 ~t~_40 Cu. Yd, Container $1 !0.40 ~ $98.50 $134.00 ' Avg per mo $919,467.72 $980,417.88 $1,202,446.56 City of 8remerton Eva[uaf:ior~ &-~ 5/22/01 May 23 O1 09:048 Sound Resource Management 360-738-0256 p.? Bid Evaluation CITY OF BREMERTON _ _Garbage and Yard Debris Service Fees ........ Rabanco Waste Conn. Waste Mgmt SERVICE Service Service Service CLASS Fee Fee Fee Additional Services Additional Mileage Charge For Hauls to Other Sites Charge Per Mile $1.60 $1.25 $3.15 Return Trip $50.00 $38.00 $19.85 Solid Drop-box Lid Charge (per month) $15.00 $0.00 $10.00 Steam Cleaning (per yd.) $3.00 $1.25 $4.70 Stand-By Time (per minute) $1,25 $0.75 $1.25 Hourly Rates Rear/Side Load Packer & Driver $72.00 $42. O0 $84. O0 Front Load Packer & Driver $72.00 $42.00 $84.00 Drop Box Truck & Driver $72.00 $48.0'0 $84.00 Additional Labor (per person) $35.00 $28.00 $47.00 Rabanco Waste COnn. Waste Mgmt. Recycling Alternatives: Difference Difference Difference (See Instructions) in 2002 in 2002 in 2002 Revenue Revenue Revenue Requirement Requirement Requirement (1) Cart Based, weekly collection $91,452.00 $187,666.00 $160,500.00 (2) 3 Bin Based, weekly collection $72,997.00 $143,622.00 $67,200.00 (3) 3 bin Based, every-other-week coll. $__3.5,054.00.... $4,787.00 -$68,525.00 TOTAL ANNUAL"~=EE_ $2,309,564.21 $'2,7~.2,369.16 $2,836,166.28 Residential $1,151,566.08 $1,429,447.32 $1,282,327.44 'Multi Family ... $238,530.41 $322,503.96 i $351,392.28 Commercial $919,467.72 ..... ..$980,417,88I $1,202,446.'56 City of Bremerton Evaluation [ o~clL. 5122101 Bidder: Rabanco, Ltd. Page 22 of 44 Rabanco 's Years of Experience Matrix a) Residential c) Residential e) Collection of Cities or Areas garbage b) Residential collection of residential collection from collection of recyclables: and/or Served cans and yard waste single and commercial containers multi-family* garbage Algona 40 years 10 years 10 years 40 years Beaux Arts 40 years 10 years 10 years 40 years Bellevue 40 years 10 years 10 years 40 years Black Diamond 40 years 10 years 10 years 40 years Burien 40 years 10 years 10 years 40 years Clyde Hill 40 years I0 years 10 years 40 years Covington 40 years 10 years 10 years 40 years Des Moines 40 years 10 years 10 years 40 years Hunts Point 40 years 10 years 10 years 40 years Issaquah 40 years 10 years 10 years 40 years Kenmore 40 years 10 years 10 years 40 years Kent 40 years 10 years 10 years 40 years King County 40 years 10 years 10 years 40 years Lake Forest Park 40 years I0 years' 10 years 40 years Maple Valley 40 years 10 years 10 years 40 years Medina 40 years 10 years 10 years 40 years Mercer Island 40 years 10 years 10 years 40 years Normandy Park 40 years 10 years 10 years 40 years North Bend 40 years 10 years 10 years 40 years S ammamish 40 years 10 years 10 years 40 years SeaoTac 40 years 10 years 10 years 40 years Seattle 60 years 10 years 10 years Does not apply Shoreline 40 years 10 years 10 years 40 years Snoqualmie 40 years 10 years 10 years 40 years Tukwila 40 years 10 years 10 years 40 years Yarrow Point 40 years 10 years 10 years 40 years Annexed Areas 40 years 10 years 10 years 40 years Note that the above Years of Experience MatrLr includes experience from predecessor companies. * Includes transfer, processing and marketing ofrecyclable materials City of Bremerton Request-for-Bids Forms May, 2001 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: An ordinance amending FOR AGENDA OF: June 13, 2001 existing gambling tax rates and ORIGINATING DEPT: Admin. ServicerS/ establishing a new tax rate for ORIGINATOR: Paula Johnsto~ DATE SUBMITTED: June 6, 2001 house banked card games 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) BMC Chapter 3.72 Admin. Svc s. ~~.(-~-~ RCW 9.46.110 Attorney'- '~,~ ~'~l~-~ - Fiscal/Budget=" Operations ~~~ ~~ INFO ATIO APPrOVeD COUNCIL 4. SUM~RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Currently the City galling tax code does not provide for house banked card games. It is being proposed that we adopt the same taxing scheme and tax rate that Kitsap County has implemented. The tax rate would be 2% of the gross receipts generated from house banked card games. On average a casino that offers house banked games can generate between $30,000 and $50,000 per year in tax revenue using the 2% rate. Also included in this amending ordinance are housekeeping changes to galling rates for non-profit organizations who offer bingo, raffles and pulltabs pursuant to changes in RCW 9.46. 8. RECOMMENDATION: Move to approve on first reading an ordinance amending existing galling tax rates pursuant to RCW 9.46 and establishing a new tax rate for house banked card games. Move to pass Ordinance No. on second reading. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED~~DED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0~-~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: House banked card room activity will not have a taxing scheme. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending existing gambling tax rates pursuant to RCW 9.46 and establishing a new tax rate for house banked card games and amending Chapter 3.72 Gambling Tax of the Bremerton Municipal Code. Section 1. Amendment. Section 3.72.020 of the Bremerton Municipal Code is hereby amended to read as follows: 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. There is levied upon all persons, associations, and organizations conducting or operating within this jurisdiction any of the activities listed below, a tax in the following amount to be paid to the city: (a) Bingo, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate of five percent for the ~mt ten ~c~'.:~.~nd d~!!ar: reee:c:ed :~n c. ne year; ten percent of (b) Raffles, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded as prizes during the taxable period, multiplied by the rate ofte~five percent. No tax shall be imposed on the first $10,000 gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in Chapter 9.46 RCW; (c) Amusement games, in the amount sufficient to pay the actual costs of enforcement of the provisions of this chapter, which shall not exceed the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise, which are actually awarded as prizes during the taxable period, multiplied by the rate of two percent; (d) Charitable organizations, no tax shall be imposed under the authority of this chapter on bingo, raffles or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization, as defined in Chapter 9.46 RCW~, which organization has not paid operating or management personnel and has gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding five thousand dollars per year less the amount paid for as prizes; (e) Fishing derbies, in the amount of the gross receipts therefrom, less the amount of money paid in cash and amounts paid for merchandise which are actually awarded for prizes during the taxable period, multiplied by the rate often percent; (f) Any punchboards or pull-tabs, any organization qualifying as a bona fide charitable or nonprofit organization pursuant to the provisions of Chapter 9.46 and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to RCW Chapter 9.46 shall make such intention known to the city treasurer, --nd :ha!! rem[..e *Az eS~' --nd *mere is (1) Any organization pursuant to the provisions of Chapter 9.46 RCW and any person, association or organization who desires to utilize punchboards or pull-tabs as a commercial stimulant pursuant to Chapter 9.46 RCW shall remit to the Ci_ty of Bremerton and there is hereby levied an excise or tax computed at the rate of four (4) percent based upon the gross income received in the conduct of such activit% computed by multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance for play. (2} Any organization qualifying as a bona fide charitable or non-profit organization pursuant to the provisions of Chapter 9.46 RCW, who desires to utilize punchboards or pull-tabs Gambling Tax.ord pursuant to Chapter 9.46 RCW shall remit to the Ci_ty of Bremerton and there is hereby levied an excise or tax computed at the rate often percent (10%) based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes. Gross income received in the conduct of such activity, computed by multiplying the number of chances played on said board or pull-tab times the price or value of each individual chance or play. Cash or merchandise awarded is computed by the amount of cash paid or cost of merchandise awarded. (g) (I_D Cm~ p!ayL':gSocial card games (player funded), in the amount of twenty percent of the gross receipts received as fees charged persons for the privilege of playing in card games; (2) Social card games (house banked) in the amount of two percent (2%) of the gross receipts received by the house from such social card games. (h) Fund-raising events, as defmed by RCW 9.46.02v~_~33 in the amount often percent of the net receipts derived from the fund-raising event. For the purpose of this section, "net receipts" means all money received by an organization during a given period of time, less the amount of money paid out as cash prizes during the same period of time. No additional expenditures which arise from the conducting of the fund-raising event shall be deducted for purposes of reducing the gross receipts to arrive at the net receipt. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW, Council President Approved this day of ,2001. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Gambling Tax.ord Page 2 ~,~ Chapter 3.72 herein clearly indicates that they may be given some other meaning. (Ord. 3187 §1. 1974). GAi%IB LING TAX 3.72.020 PERSONS SUBJECT TO TAX - TAX RATES. Sections: There is levied upon all persons, associations, and organizations conducting or 3.72.010 DEFINITIONS. operating within this jurisdiction any of the 3.72.020 PERSONS SU1M'ECTTO activities listed below, a tax in the following TAX - TAX RATES. amount to be paid to the ciD': 3.72.030 TAX TO BE COI~IPI/TED (a) Bingo, in the amount of the gross AND PAID QUARTERLY - receipts therefrom, less the amount of money paid EXCEPTIONS. in cash and amounts paid for merchandise which 3.72.040 Al)MINISTRATION AND are actually awarded as prizes during the taxable COLLECTION OF TAX. period, multiplied by the rate of five percent for 3.72.050 METHOD OF PAYMENT. the first ten thousand dollars received in one year; 3.72.060 FAILURE TO MAKE ten percent of any receipts over ten thousand TIMELY PAYMENT OF dollars; TAX OR FEE. ('b) Raffles, in the amount of the gross 3.72.070 NOTICE OF INTENTION receipts therefrom, less the amount of money paid TO ENGAGE IN ACTIVITY in cash and amounts paid for merchandise which TO BE FILED. are actually awarded as prizes during the taxable 3.72.080 RECORDS REQLIIRED. period, multiplied by the rate often percent; 3.72.090 OVERPAYMENT OR (c) Amusement games, in the amount UNDERPAYMENT OF sufficient to pay the actual costs of enforcement of TAX. the provisions of this chapter, which shall not 3.72.100 FAII.URE TO MAKE exceed the amount of the gross receipts RETURN. therefrom, less the amount of money paid in cash 3.72.110 TAX ADDITIONALTO and amounts paid for merchandise, which are OTHERS. actually awarded as prizes during the taxable 3.72.120 CITY TREASLrRER TO period, multiplied by the rate of two percent; ~LAKE RLILES. (d) Charitable organizations, no tax shall 3.72.130 TAXES, PEN.AZ,TIEs AND be imposed under the authority of this chapter on FEES CONST1TLITE DEBT bingo, raffles or amusement games when such TO M'IJNICI~ALITY. acti,,ities or any combination thereof are 3.72.140 LI1VIITATION ON RIGHT conducted by any bona fide charitable or TO RECOVERY. nonprofit organization, as defined, in RCW 3.72.150 EFFECTIVE DATE OF 9.46.020(3), wttich organization has not paid TAX. operating or management personnel and has 3.72.160 VIOLATION- PENALTIES. gross income from bingo, raffles or amusement games, or any combination thereof, not exceeding 3.72.010 DEFINITIONS. five thousand dollars per year less the amount For the purposes of this chapter, the paid for as prizes; words and terms used shall have the same (e) Fishing derbies, in the amount of the - - meaning as each has under Chapter 218, Laws of gross receipts therefrom, less the mount of 1973, First Extraordinary Session and Chapter money paid in cash and amounts paid for ! 9.46 RCW, each amended, and under the rules of merchandise which are actually awarded for the Washington State Gambling Commission, prizes during the taxable period, multiplied by the Chapter 230, WAC, unless other,vise specifically rate often percent; pro,Stied or the contem in which they are used (f) Any punchboards or pull-tabs, any 3-31 30 organization qnalifying as a bona fide charitable taxable acti~'ity on a regular basis discontinues or nonprofit organization pursuant to the operation of that taxable activity for a period of provisions of Chapter 9.46 and any person, more than three consecutive weeks, or quits association or organization who desires to utilize business, sells out, or otherwise disposes of its punchboards or pull-mbs as a commercial business or terminates the business, any tax due stimulant pursuant to RCW Chapter 9.46 shall hereunder shall become due and payable, and make such intention known to the city treasurer, such taxpayer shall, within ten days thereafter, and shall remit to the city and there is levied an make a return and pay the tax due. excise or tax computed at the rate of four percent, (2) Whenever it appears to the city based on the gross income received in the conduct treasurer that the collection of taxes from any of such activity, computed by multiplying the person, association or organization may be in number of chances played on said board or jeopardy, the city treasurer, after not less than pull-mb times the price or value of each thirty days' notice to the taxpayer, is authorized to individual chance or play; require that taxpayer to remit taxes and returns at (g) Card playing, in the amount of such shorter intervals than quarterly or annually, twenty percent of the gross receipts received as as the city treasurer shall deem appropriate under fees charged persons for the privilege of playing the circumstances. in card games; (3) There shall be allowed as a deduction Ca) Fund-raising events, as defined by for the various taxes imposed by th.is chapter an RCW 9.46.020(23) in the amount of ten percent amount equal to the amount of bad debts suffered of the net receipts derived from the fund-raising by any such person, association or organization event. For the purpose of this section, "net engaged in such activity as a result of their being receipts" means all money received by an unable to collect gambling debts. Such deduction organization during a given period of time, less shall be allowed to be computed and taken on the the amount of money paid out as cash prizes tax return for the fourth quarter of each calendar during the same period of time. No additional year. Such deduction shall not be allowed unless expenditures which arise from the conducting of the person, association or organization engaging the fund-raising event shall be deducted for in such activities shall first cause to be prepared purposes of reducing the gross receipts to arrive and filed with said fourth quarter tm'< return an at the net receipt. (Ord. 3924 §i, 1984; Ord. 3187 affidavit, in form saris'factory to the city. treasurer, §2, 1974). setting forth the amount of bad debts suffered by such person, association or organization. (Ord. 3.72.030 TAX TO BE COiVI~UTED 3377 §1, 1977; Ord. 3187 §3 197'4). AND PAID QUARTERLY - EXCEPTIONS. 3.72.040 ADMINISTRATION AND Each of the various taxes imposed by COLLECTION' OF tl~is chapter shall be computed' on the basis of Administration and collection, of the activity during each calendar quarter year, shall various taxes imposed by this chapter shall be the be due and payable in quarterly installments, and responsibility of the city treasurer. Remittance of remittance therefor, together with return forms, the amount due shall be accompanied by a shall be made to the city., on or before the last day completed return form prescribed and provided by of the month next succeeding the qum'terly period the city. treasurer. The taxpayer shall be required in which the trax accrued, that is, on Ianuary 31st, to s~a-ear and afl=inn that the in_formation Oven in April 30th, Suly 31st, and October 31st of each the return is true, accurate, and complete. ' year;- provided, that the following exceptions to The city treasurer is authorized, but not this payment schedule shall be allowed, or required, to mail to tmxpayers forms for returns. required: Failure of the taxpayer to receive such a form (1) Except as provided in (2) below, shall not excuse a taxpayer from making the whenever any person, association or organization return and timely pa?'ing all taxes due. The city taxable hereunder conducting or operating a treasurer shall make forms available to the public 3-32 in reasonable numbers in the office of the city treasurer during regular business hours. 3.72.070 NOTICE OF ENTENTION In addition to the return form, a copy of TO ENGAGE iN ACTMTY the taxpayer's quarterly report to the Washington TO BE FILED. State Gambling Commission required by WAC In order that the city may identify those 230-08 for the p~riod in which the tax accrued, persons who are subject to taxation under this shall accompany remittance of the tax amount chapter each person, association or organization due. (Ord. 3187~4, 1974). shall file with the city treasurer a sworn declaration of intent to conduct an activity taxable 3.72.050 METlqOD OF PAY1V~ENT. under this chapter upon a form to be prescribed Taxes payable hereunder shall be by the city treasurer, together with a copy of the remitted to the city treasurer on or before the time license issued therefor by the Washington State required by bank draft, certified check, cashier's Gambling Commission. The filing shall be made check, personal check, money order, or in cash. If not later than ten days prior to conducting or payment is made by draft or check, the tax shall operating the thxable acdvity. No fee shall be not be deemed paid until the draft or check is charged for such filing, which is not for the honored in the usual course of business, nor shall purpose of regulation of this activity but for the the acceptance of any sum by the city treasurer be purposes of administration of flxis tax/ag an acquittance or discharge of the tax unless the ordinance only. amount paid is the full amount due. The return, Failure to timely file shall not excuse any and copy of quarterly report to the Washington person, association or orga~i?~tion from any tax State Gambling Commission, shall be filed in the liability. (Ord. 3187 §7, 1974). office of the city treasurer after notation by that office upon the return of the amount actually 3.72.080 RECORDS REQUIRED. received from the taxpayer. (Ord. 3187 §5, (a) Each person, association, or 1974). organization engaging in an activity under this chapter shall maintain records respecting that 3.72.060 FAILURE TO IVlAKE activity which truly, completely and accurately TI]VI'ELY PAYMENT OF disclose ail information necessary, to determine TAX OR FEE. the taxpayer's tax liability hereunder during each I.f full payment of any tax due under this base tax period. Such records shall be kept and chapter is not received by the city treasurer on or maintained for a period of not less than three before the date due, there shall be added to the years. In addition, all information and. items amount due a penalty fee as follows: required by the Washington State Gambling I - 30 days, IO% of tax due, minimum Commission under WAC 230438, and the Un/xed penalty of $3.00; States Internal Revenue Service respecting 31 -60 days, 15% oft ax due, minimum taxation, shall be kept and maintained for the penalty, of $4-.00; periods required by those agencies. 61 or more days, 20% of tax due, Co) All books, records, and other items minimum penalty, of $5.00. In addition to this required to be kept and maintained under this penalty, the city treasurer may charge the section shall be subject to. and immediately made taxpayer interest of one percent of ail taxes and available for, inspection and audit at any time, fees due for each thirty-day period or portion with or without notice, at the place where such thereof that said amotmts are past due. records are kept, upon demand by the city - Failure to make payment in full of ail tax treasurer or his designees, for the purpose of amounts and penalties within sixty days following enforcing the provisions of this taxing ordinance. the day the tax amount initially became due, shall (c) Where a taxpayer does not keep all of be both a civil and a criminal violation of this the books, records or items required to be kept or section. (Ord. 3894 §1, 1984; Ord. 3187 §6, maintained under this section in this jurisdiction 1974). so that the city treasurer ma.',' examine them 3-33 conveniently, the taxpayer shall either: over all amounts due to the city within such (1) Produce all of the required per/od of three years shall be credited to the books, records, or items within this jurisdiction taxpayer's account or shall be credited to the for such inspection within seven days following a taxpayer at the taxpayer's option. No refund or request oft. he local official that he do so; or credit shall be allowed with respect to the city (2) Bear the actual cost of treasurer more than three years before the date of inspection by the city treasurer or his designee, at such application or examination; the location at which such books, records or items (2) A tax or other fee has been paid are located; provided, that a taxpayer choosing to which is less than that property due, or no tax or bear these costs shall pay in advance to the city other fee has been paid, the city treasurer shall treasurer the estimated cost thereof, including, mail a statement to the taxpayer showing the but nat limited to round-trip fare by the most balance due, including the tax amount or penalty rapid means} lodging, meals, and incidental assessments and fees, and it shall be a separate, expenses. The actual amount due or to be additional violation of this chapter, both civil and refunded for expenses shall be determined criminal, if the taxpayer fails to make payment in following said examination of the records, full. within ten calendar days of such mailing. (d) A taxpayer who falls, neglects or (Ord. 3187 §9, 1974). refuses to produce such books and records either within or without this jurisdiction, in addition to 3.72.100 FAILURE TO MAKE being subject to other civil and criminal penalties RETURN. provided by this chapter, shall be subject to a If any taxpayer fails, neglects or refuses jeopardy fee or tax assessment by the city to make and file his return as and when required treasurer, under th/s chapter, the city treasurer is authorized (e) This penalty fee or jeopardy to determine the amount of tax payable, together shall be deemed prima facie correct with any penalty and/or interest assessed under (- assessment and shall be the amount of fee or tax owing the the provisions of this chapter, and by mail to city treasurer ~' the taxpayer unless he can prove notify, such taxpayer of the amount so determined, otherwise by competent evidence. The taxpayer which amount shall thereupon become the tax shall be not/fled by mail by the city treasurer of and penalty, and/or interest and shall become the amount of tax so determined by jeopardy immediately due and payable. (Ord. 3187 §10, assessment, together with any penalty, and/or 1974). interest, and the total of such amounts shall thereupon become immediately due and payable. 3.72.110 TAX ADDITIONAL TO (Ord. 3187 {}8, 1974). OTI~ERS. The tax herein levied shall be additional 3.72.090 OVERPAYMENT OR to any license fee or tax imposed or levied under UNDERPAYMENT OF any law or any other ordinance of Bremerton, TAX. except as herein otherwise expressly provided. If, upon application by a taxpayer for a (Ord. 3187 § I 1, 1974). refund or for an audit of his records, or upon any exam/nation of the returns or records of any 3.72.120 CITY TREASURERTO tax'payer, it is determined by the ci~' treasurer ~,Ladr,.E RULES. that with/n three years immediately preceding The city treasurer shall have the power, receipt by the ci.ty treasurer of the application by and it shall be Ns duty, from time to time, to ' the taxpayer for a refund, or an audit, or, in the adopt, publish and enforce rules and regulations absence of such an application, with/n the three not inconsistent with this chapter or with superior years immediately preceding the commencement law, for the purpose of carrying out the provisions by the city. treasurer of such examination: hereof, and it shall be unlawful to violate or fail (1) A tax or other fee has been paid in to comply with any such rule or regulation. (Ord. excess of that properly due, the total excess paid 3187 ~}12, 1974). [, 3-34 3.72.130 TAXES, PENALTIES AND FEES CONSTITUTE DEBT TO MUNICIPALITY. Any tax due and unpaid under this chapter and all penalties or fees shall constitute a debt to the city, a municipal corporation, and may be collected by court proceedings the same as any other debt in like amount which shall be in addition to all other existing remedies. (Ord. 3187 § 13, 1974). 3.72.140 LEMITATION ON RIGHT TO RECOVERY. The right of recovery by the city from the taxpayer for any tax provided hereunder shall be outlawed after the expiration o£five calendar years from the date said tax became due. The right of recovery against the city because of overpayment of tax by any taxpayer shall be outlawed after the expiration of five calendar years from the date such payment was made. (Ord. 3670 §3, I981; Ord. 3187 §14, 1974). 3.72.150 EFFECTIVE DATE OF TAX. This chapter shall provide for the gambling taxes mentioned herein, to be retroactive to January 1, 1975. (Ord. 3187 §17, 1974). 3.72.160 VIOLATION- PENALTIES. Anyone who violates or fails to comply with any of the provisions of this chapter shall, upon conviction, be guilty of a civil infraction subject to the provisions of BMC Chapter 1.12, and each day any person shall continue to violate or fail to comply with the provisions of this chapter shallbe deemed and considered a separate offense. (Ord. 3894 §2, 1984; Ord. 3625 §28, 1980; Ord. 3187 §15, 1974). (4733, Amended, 11/30/2000; 4680, Amended, 12/17/1999) 3-35 ~REVISED CODE OF WASHINGTON Page 1 of 3 RCW 9.46.110 Taxation of gambling activities -- Limitations -- Restrictions on punch boards and pull-tabs -- Lien. (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county. (2) The operation of punch boards and pull-tabs are subject to the following conditions: (a) Chances may only be sold to adults; (b) The price of a single chance may not exceed one dollar; (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; (d) All prizes available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and (e) When any person wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary. (3) (a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes. (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions http ://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%20%209%20.%2046%20.110.ht 06/02/2001 35- REVISED CODE OF WASHINGTON Page 2 of 3 of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross receipts from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent. (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. [1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c 4 § 39. Prior: 1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § 11.] NOTES: Effective date -- 1999 c 221: "This act takes effect January 1, 2000." [1999 c 221 § 2.] Severability -- 1981 c 139: See note following RCW 9.46.070. http://search.leg.wa.gov/wslrcw/RCW%20.../RCW%20%20%209%20.%2046%20.110.ht 06/02/2001 36 WA ST 9.46.110 Page 1 of 4 West's RCWA 9.46.110 WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 9. CRIMES AND PUNISHMENTS CHAPTER 9.46. GAMBLING--1973 ACT Copr. © West Group 2001. All rights reserved. Current through End of 2000 Second Special Session 9.46.110. Taxation of gambling activities--Limitations--Restrictions on punch boards and pull-tabs--Lien (1) The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and roles adopted under this chapter, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the activity. Any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located in the county but the tax rate established by a county, if any, shall constitute the tax rate throughout the unincorporated areas of such county. (2) The operation of punch boards and pull-tabs are subject to the following conditions: (a) Chances may only be sold to adults; (b) The price of a single chance may not exceed one dollar; (c) No punch board or pull-tab license may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; (d) All prizes available to be won must be described on an information flare. All merchandise prizes must be on display within the immediate area of the premises in which any such punch board or pull-tab is located. Upon a winning number or symbol being drawn, a merchandise prize must be immediately removed from the display and awarded to the winner. All references to cash or merchandise prizes, with a value over twenty dollars, must be removed immediately from the information flare when won, or such omission shall be deemed a fraud for the purposes of this chapter; and (e) When any person wins money or merchandise from any punch board or pull-tab over an amount determined by the commission, every licensee shall keep a public record of the award for at least ninety days containing such information as the commission shall deem necessary. (3)(a) Taxation of bingo and raffles shall never be in an amount greater than five percent of the gross receipts from a bingo game or raffle less the amount awarded as cash or merchandise prizes. (b) Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross receipts from the amusement game less the amount awarded as prizes. (c) No tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organizati ,on a~"S ~d in tiffs chapteg which organization has no paid operating or management personnel and has gross receipts fro~tn-g0 0~'~tmuS~me~-~mes, or a combination thereof, not exceeding five thousand dollars per year, less the amount awarded as cash or merchandise prizes. (d) No tax shall be imposed on the first ten thousand dollars of gross receipts less the amount awarded as cash or merchandise prizes from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. (e) Taxation of punch boards and pull-tabs for bona fide charitable or nonprofit organizations is based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and shall not exceed a rate of ten percent. At the option of the county, city-county, city, or town, the taxation of punch boards and pull-tabs for commercial stimulant operators may be based on gross receipts from the operation of the games, and may not exceed a rate of five percent, or may be based on gross receipts from the operation of the games less the amount awarded as cash or merchandise prizes, and may not exceed a rate of ten percent. (f) Taxation of social card games may not exceed twenty percent of the gross revenue from such games. (4) Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under .gC~_V__.8_._4.._~9._gjO. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes. CREDIT(S) 2001 Electronic Update [1999 c 221 § 1; 1997 c 394 § 4; 1994 c 301 § 2; 1991 c 161 § 1; 1987 c4 § 39. Prior: 1985 c 468 § 2; 1985 c 172 § 1; 1981 c 139 § 8; 1977 ex.s. c 198 § 1; 1974 ex.s. c 155 § 8; 1974 ex.s. c 135 § 8; 1973 1st ex.s. c 218 § 11.] .../text.wl?bLinkViewe~Tme&DB=WA%2DST%2DTOC%3B STAWATOC&DocName=WAST9%2E46%2E 110&Fi6/6/01 WA ST 9.46.110 Page 2 of 4 <General iMaterials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2001 Electronic Pocket Part Update Effective date--1999 c 221: "This act takes effect January 1, 2000." [1999 c 221 § 2.] Severability--1981 c 139: See note following Severability--1974 ex.s. c 155: See note following ..R_CB_(~9_.4_fi.._~._I..._0.. 1999 Legislation Laws 1999, ch. 221, § 1, in subsec. (3)(a), relating to taxation of bingo and raffles, reduced the maximum tax from 10% to 5%. 1998 Main Volume Laws 1974, Ex. Sess., ch. 135, § 8, made changes identical to those made by Laws 1974, Ex. Sess., ch. 155, § 8. Laws 1974, Ex. Sess., ch. 155, § 8, substituted "any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any" for "the tax rate established by any county, except for any fkst class city located therein with respect to such city," after "Provided, That"; and substituted ", except for any city located therein with a population of twenty thousand or more persons as of the most recent decennial census taken by the federal government: Provided" for a semicolon before "Further, That". Laws 1977, Ex. Sess., ch. 198, § 1, in the next-m-last proviso, in the first grammatical clause thereof, substituted "bingo and raffles" for "bingo, raffles and amusement games"; added the last sentence thereof; and added the last proviso, excluding the final sentence of the section. Laws 1981, ch. 139, § 8, in the second proviso, in subd. (4), substituted twenty dollars for five dollars; and, at the end of the section, added ", nor shall taxation of social card games exceed twenty percent of the gross revenue from such games". Laws 1985, ch. 172, § 1, at the end of the first proviso, following "the tax rate throughout" substituted the present language for "such county including both incorporated and unincorporated areas, except for any city located therein with a population of twenty thousand or more persons as of the most recent census taken by the federal government". Laws 1985, ch. 468, § 2, in subd. (1) of the second proviso, substituted a fifty cent limit for a twenty-five cent limit. Laws 1987, ch. 4, § 39, in the futst sentence, substituted "by this chapter" for "in ~_C. ~( ~:_4_6.,~ as now or hereafter amended" following "gambling activity authorized"; and, in the second sentence, substituted "this chapter" for 9.46.020(3)" following "organization as defined in". Laws 1991, ch. 161, § 1, in the second sentence, in the further proviso, twice following "bingo" deleted ", raffles"; and inserted the next-to-last sentence. Laws 1994, ch. 301, § 2, added the second paragraph. Laws 1997, ch. 394, § 4, rewrote the section, which previously read: "The legislative authority of any county, city-county, city, or town, by local law and ordinance, and in accordance with the provisions of this chapter and rules and regulations promulgated hereunder, may provide for the taxing of any gambling activity authorized by this chapter within its jurisdiction, the tax receipts to go to the county, city-county, city, or town so taxing the same: Provided, That any such tax imposed by a county alone shall not apply to any gambling activity within a city or town located therein but the tax rate established by a county, if any, shall constitute the tax rate throughout the .../text.wI?bLinkViewer=True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E 110&F 6/6/01 WA ST 9.46.110 Page 3 of 4 unincorporated areas of such county: Provided further, That (1) punch boards and pull-tabs, chances on which shall only be sold to adults, which shall have a fifty cent limit on a single chance thereon, shall be taxed on a basis which shall reflect only the gross receipts from such punch boards and pull-tabs; and (2) no punch board or pull-tab may award as a prize upon a winning number or symbol being drawn the opportunity of taking a chance upon any other punch board or pull-tab; and (3) all prizes for punch boards and pull-tabs must be on display within the immediate area of the premises wherein any such punch board or pull-tab is located and upon a winning number or symbol being drawn, such prize must be immediately removed therefrom, or such omission shall be deemed a fraud for the purposes of this chapter; and (4) when any person shall win over twenty dollars in money or merchandise from any punch board or pull- tab, every licensee hereunder shall keep a public record thereof for at least ninety days thereafter containing such information as the commission shall deem necessary: And provided further, That taxation of bingo and raffles shall never be in an amount greater than ten percent of the gross revenue received therefrom less the amount paid for or as prizes. Taxation of amusement games shall only be in an amount sufficient to pay the actual costs of enforcement of the provisions of this chapter by the county, city or town law enforcement agency and in no event shall such taxation exceed two percent of the gross revenue therefrom less the amount paid for as prizes: Provided further, That no tax shall be imposed under the authority of this chapter on bingo or amusement games when such activities or any combination thereof are conducted by any bona fide charitable or nonprofit organization as defined in this chapter, which organization has no paid operating or management personnel and has gross income from bingo or amusement games, or a combination thereof, not exceeding five thousand dollars per year, less the amount paid for as prizes. No tax shall be imposed on the first ten thousand dollars of net proceeds from raffles conducted by any bona fide charitable or nonprofit organization as defined in this chapter. Taxation of punch boards and pull-tabs shall not exceed five percent of gross receipts, nor shall taxation of social card games exceed twenty percent of the gross revenue from such games. "Taxes imposed under this chapter become a lien upon personal and real property used in the gambling activity in the same manner as provided for under RCW 84.60.010. The lien shall attach on the date the tax becomes due and shall relate back and have priority against real and personal property to the same extent as ad valorem taxes." LAW REVIEW AND JOURNAL COMMENTARIES Fir_~._t_.A.133_~B~drn_e_g[_~!p!_jg_._at_~_ ~ 17._.a_..gtis_tg!_k_igg. 5[gg[[¢~5: ~.~ J_.L kg, g_i_s_. ~.33 (199__.5_). LIBRARY REFERENCES 1998 Main Volume Gaming Municipal Corporations ~956(3). WESTLAW Topic Nos. 188, 268. C.J.S. Gaming § 50 et seq. C.J.S. Municipal Corporations § 1978. UNITED STATES SUPREME COURT Mail fraud statute, state gambling license as property under federal law, see NOTES OF DECISIONS Gross receipts ! Validity ~. 1_. Validity Any license granted under the gambling act (ch. 9.46) is subject to this provision permitting a mumcipal tax on gambling revenues; and imposition of such a tax does not constitute an impairment of the obligation of a contract in violation of U.S.C.A. Const. Art. 1, § 10, or the ~..t_~_te_~, Art, l, §.~. Imperil! D_rum &...~gl~ C~, In_c_,.v. ~'_ity or, Seattle.(!976) 14 Wash.App. 845,545 P.2d 1235. .../text.wl?bLinkViewer~True&DB=WA%2DST%2DTOC%3BSTAWATOC&DocName=WAST9%2E46%2E 110&F 6/6/01 WA ST 9.46.110 Page 4 of 4 2. Gross receipts Court of Appeals did not have to defer to Gambling Commission's regulation regarding definition of term "gross receipts" in construing statute authorizing town to tax gross receipts from punchboards and pull-tabs, as Commission was not charged with administering town taxation ordinances and had no expertise or special competence over taxation matters. T~,~l~g ._y_.__~9~¥_n__o f_L a Cen ter_(!?_~)_._.6_8___W...__a..s_.h~ ~ pp..__~.~ ,_. ~_J:...~P_,_~ ~.j ~ 7~. Term "gross receipts," within meaning of statute and town ordinance providing for taxation of gross receipts from punchboards and pull-tabs, means amount of money or value of other considerations actually received from sale of punchboards and pull-tabs and, thus, term cannot be applied to amounts of money that would have been received from sale of pull-tabs and punchboards had they not been lost or stolen. TLR. Inc. v. Town of La Center (1992) 68 Wash. App. 29. West's RCWA 9.46.110 WA ST 9.46.110 END OF DOCUMENT Copt. (C) West 2oox No Claim to Orig. U.S. Govt. Works 9 0 0 0 0 0 .../text.wi. bLinkViewer=True&DB=WA %2DST ¼2DTOC ¼3BSTAWATOC&DocName=WAST9 ¼2E46 Yo2E 110&F 6/6/01 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Amendments to Chapter 2.04 BMC FORAGENDA: JUNE 13, 2001 providing for Notice of Hearings and Agendas ORIGINATING DEPT: City Council and providing for alternate meeting places for ORIGINATOR: Council President City Council DATE SUBMITTED: JUNE 4, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: COUNCIL OPERATIO./NS C/OMMITTEE -Proposed Ordinance and /-~ j ~ ~/ ~ , Special Counsel FISCAL ~ BUDGET COMMITTEE ENDORSEMENT [--] INFORMATION [--1 MAYOR APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT ~ / 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Under the terms of the City Charter the City Council needs to provide for a procedure for Notice of meetings and Council Agendas. Additionally, the current BMC provision relating to special meetings requires that all meetings are to be held in Council Chambers. The Council may wish to provide for alternate meeting places, including the Council Conference Room. These changes need to be accomplished by ordinance. The current ordinance does not provide for the possible need to change the place or time of a regular Council meeting. Provision is added by the proposed ordinance to address special needs. 5. RECOMMENDATION: 1.MOVE TO APPROVE AT FIRST READING AN ORDINANCE AMENDING BMC SECTIONS 2.04.010 AND 2.04.020 PROVIDING PROCEDURES FOR GIVING NOTICE OF COUNCIL MEETINGS AND AGENDAS AND FOR ALTERNATE LOCATIONS FOR CITY COUNCIL MEETINGS, UPON NOTICE. 2. MOVE TO PASS AT SECOND READING ORDINANCE NO. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATEID1 B REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--] TABLED ['-] APPROVED [--] DISAPPROVED ['-] AMEN COUNCIL DIRECTIVE: 8. AGENDA BILL NO. OI - I3 9. IMPACT OF NON-PASSAGE: CITY COI_FNCIL WOULD NOT BE IN COMPLIANCE WITH THE CHARTER OR THE MUNICIPAL CODE AND NO pRovISION WOULD BE MADE TO ACCOMMODATE THE NEED FOR A CHANGE IN THE TIME OR PLACE OF COUNCIL MEETINGS. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURC]~S: NONE 11. RESEARCH SOURCES: GUIDELINES FOR NOTICE OF AGENDAS AND SPECIAL MEETINGS BREMERTON CITY COUNCIL OFFICE JUNE 2001 1. Change of regular meeting of City Council - The City Charter requires one- week advance notice of a change in the time or place of the regular City Council meeting in the absence of an emergency. Notice of the change is to be given in the same manner as notice of the Council agenda, found in BMC 2.04.010 Co). 2. Notice of agenda and additions to agenda - The preliminary agenda for the up-coming week is to be posted in the City Council Office by 4:30 p.m. by the preceding Friday as provided in BMC 2.04.010 (b). The agenda does not have to be identified as preliminary, and no change in the current format is necessary. A stamp could be used on the posted agenda, or other notation, of the time and date of the posting. A copy of the preliminary agenda is also to be faxed to the City's official designated newspaper. Verification of receipt needs to be obtained, documented, and maintained as part of the record. Verification of receipt may be accomplished by fax machine verification or by telephone confirmation of receipt, noted on the master copy of the notice of agenda. It is recommended that faxed copies also be provided to The Patriot newspaper, community television, and other media expressing an interest. Additions to the agenda need to be noticed in the same fashion as the preliminary agenda if Council action is expected to be taken on the item This includes motions, resolutions, rules, regulations, directives and ordinances. Informational items and others not contemplating Council action at the meeting, or at a future meeting, may be added to the agenda without notice. This exception should be used sparingly because of the broad definition of "Council action". 3. Notice of Special Meetings - Notice of Special Meetings must conform to the requirements of RCW 42.30.080 as it now exists, or is later amended. The City Council Rules and Procedures, Rule 1, Section 2, currently reflects the requirements of RCW 42.30.080. In the event of an amendment to the RCW, compliance with the new State law will be required and the Rules and Procedures will need amendment. NOTE: Rule 1, Section 2 of the Council Rules and Procedures provides for 24-hour notice of a change in the time or location of a regular Council meeting. Since the Charter requires a week advance notice of a change in the time or location of a regular Council meeting, the longer notice needs to be provided. NOTE: Rule 5, Section 1, of the Council Rules and Procedures omits New Business from the Items of Business for Regular Meetings. This is only a technicality, but should be noted for future revision of the Rules and Procedures as it is in conflict with actual practice and BMC 2.04.010 (a). ORDINANCE NO. AN ORDINANCE Revising Sections 2.04.010 and 2.04.020 of the Bremerton Municipal Code, Providing for Alternate Times, Locations and Agendas for Regular City Council Meetings; and Providing for Alternate Locations and Notice of Special Meetings. THE CITY OF BREMERTON DOES HEREBY ORDAIN: TIME, PLACE AND NOTICE OF AGENDAS OF MEETINGS SECTION I REVISION. Chapter 2.04 of the Bremerton Municipal Code is hereby revised to read as follows: 2.04.010. TIME AND PLACE AND NOTICE OF AGENDAS -REGULAR MEETINGS (a) The time and place of thc regular meeting of thc City Council required by Charter shall be each Wednesday at five-thirty p.m. at thc Council Chambers, City Hall, Bremerton, Washington, unless an emergency or special circumstances require a different time or location. Notice to the public of a different time or place for holding a City Council regular meeting shall be provided at least one week in advance, except in the case of an emergency occurring less than one week prior to the regularly scheduled meeting. If a regular meeting day falls upon a legal holiday; upon the same day that either a primary or general election is held; or as approved by majority of the Council, then such regular meeting shall be rescheduled to a day during the same week following procedures fc- .......... ~ ,- wv .............. ~ set forth in subsection (b), below, and providing notice at least one week in advance of the new meeting date. TheA regular City Council meeting~ shall consist of the following sections: 1. Call to Order (Flag Salute and Invocation) 2. Consent Agenda 3. Claims/Vouchers/Warrants 4. Council Members Report 5. Mayor's Report 6. Legislative Report 7. Public Recognition 8. New Business 9. Final Reading of Ordinances and vote thereon 10. Introduction and First Reading of Ordinances 11. Reading and vote upon Resolutions 12. Public Hearings and Appeals 13. Adjournment of Meeting Any section except for 1, 7 and 13 may be omitted if there are no scheduled items for the section. (b) A preliminary agenda for a regular meeting of the City Council shall be posted in the City Council Office by 4:30 p.m. on the Friday immediately preceding the regular meeting. Copies of the preliminary agenda are to be provided to the City's official designated local newspaper, ................... t ......... ~*~*; ..... ~.;~.~ ,, ..... ~ ..~4,, ........... · r .... ,;~,... .,.^c the ~reliminary agenda, _by 5:00 p.m. on the Friday immediately preceding the regular meeting. Notice of additions to the preliminary agenda for which City Council action is expected to be taken shall be provided in the same manner as for the preliminary agenda at least twenty-four hours prior to the regular meeting. Provision of copies of the preliminary agenda and additions may be accomplished by verified facsimile transmissions. Section 2.04.020. SPECIAL MEETINGS. Special meetings of the City Council shall be held in the Council Chambers, Council Conference Room or other designated location after public notice has been provided pursuant to RCW 42.30.080 as it now exists or is hereafter amended. Verified facsimile transmissions shall constitute mailing for purposes of complying with notice requirements. Section 2.04.030 PRE-COUNCIL SESSION. The city council shall meet at 5:00 p.m. on the same day, immediately prior to the regular weekly meetings set forth in Section 2.04.010 hereof for a pre-council session. Section 2.04.040 COUNCIL MEMBER SALARY SCHEDULE. Beginning January 1, 1998, each Council member of the City of Bremerton shall receive a salary of $600.00 per month; and the Council President shall receive an additional stipend of $25.00 per month during his or her appointed term as President. Council members shall receive no medical, dental or other employee benefit. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2001. PASSED by the City Council of the City of Bremerton this ~ day of ,2001. JOHN LAW Council President APPROVED this __day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEy, City Clerk Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the official newspaper of the city. For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of the ordinance. Publication of the title of an ordinance authorizing the issuance of bonds, notes, or other evidences of indebtedness shall constitute publication of a summary of that ordinance. When the city publishes a summary, the publication shall include a statement that the full text of the ordinance will be mailed upon request. An inadvertent mistake or omission in publishing the text or a summary of the content of an ordinance shall not render the ordinance invalid. In addition to the requirement that a city publish the text or a summary of the content of each adopted ordinance, A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering personally or by mail written notice to each member of the governing body; The call and notice shall spec~.fy the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the governing body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [1971 ex.s. c 250 § 8.] To: Bremerton City Council CC: Lori Smith, Legislative Assistant From: Glenna Malanca, Special Counsel I}ate: April 9, 2001 Re: Charter Requirements For Ordinance - Agenda Notice Bremerton City Charter Section 14 (3) mandates that the Council estabhsh by ordinance a procedure for notifying the public of upcoming meetings and agendas. RCW 35.22.228 requires that the City establish a procedure for notifying the public of upcoming hearings and the preliminary agenda for the forthcoming agenda. Unless a statutory emergency exists, at least 24-hour notice should be provided to the public of add-on agenda items, prior to the Council meeting at which the council expects to take action. 'Recommended notice may include written notification to the City's official newspaper, .~' publication of notice in the official newspaper, posting of upcoming meeting agendas, or otherwise as detemed by the City to satisfy the requirement. I have attached a proposed Agenda Bill and Amendment to Chapter 2.04 BMC. It is. also suggested that the City Council provide flexibility for moving the time and place of a regular meeting in the event of special circumstances. State law provides for schedule and location changes in the event of an emergency. But room capacity constraints or other unforeseen circumstances could require a different location or time for a regular meeting of the City Council. To protect the validity of any action taken at such a meeting, provision needs to be made in Chapter 2.04 BMC. Additionally, BMC Section 2.04.020 currently provides that all day and special meetings (both are special meetings) of the City Council are to be held in Council Chambers. A change to that section is proposed to allow for meetings in Council Chambers, Council Conference Room, or other designated place, as provided in the Notice of Meeting.