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HomeMy WebLinkAbout10/10/01 AGENDA CITY COUNCIL MEETING AGENDA OCTOBER 10, 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- September 19, 2001 (#AB01-218) B. Minutes of Meeting - September 26, 2001 (#AB01-219) C. Professional Services Agreement - JOHNSON CHRISTIE ANDREWS & SKINNER (#AB01-220) 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. Granting Master Permit to Kitsap Public Utility District (#AB01-221) B. Professional Services Agreement for Legal Services with McGavick Graves, P.S. regarding Burlington Tax Case (#AB01-222) C. Agreement with City of Seattle for Performance of a Tax Revenue Audit (#AB01-223) D. Professional Services Agreement Amendment with RYAN SELLS UPTEGRAFT, INC. (#AB01 224) E. Final Report of the Classification & Compensation Study for Teamster Positions by PRIOR/MARTECH & ASSOCIATES (#AB01-225) F. U.S. Department of Justice Local Law Enforcement Block Grant (#AB01-226) G. Budget Adjustment No. 2001-16, Modifying the Budgets of the City Council, Legal, and Human Resources Departments of the General Fund (#AB01-227) AGENDA CONTINUED ON BACK... 11. PUBLIC HEARINGS - ORDINANCES A. Ordinance No. 4776 (Second Reading) Extending Cascade Natural Gas Corporation Franchise for One-Year (#AB01-216) f1,10¢~¢ B°~. Ordinance No. 4777 (Second Reading) Regarding Telecommunications and Master Permit o~ ~ (#AB01-217) ~ C. Ordinance (First Reading) Creating an Administrative Hearing Examiner Position (#AB01- 228) 12. PUBLIC HEARINGS - RESOLUTIONS A. Resolution No. 2837, Regarding Recovery of Fees for the Abatement of Garbage & Debris on the Property located at 241 S. Cambrian Avenue (#AB01-229) B. Resolution No. 2838, Regarding Recovery of Fees for Re-Securing of the Residence on the Property located at 2133 11th Street (#AB01-230) C. Resolution No. 2839, Authorizing an Inter-Fund Loan for Financing the Costs of Acquiring the East Park Property from the Navy; and Budget Adjustment No. 2001-17 (#AB01-231) D. Year 2002 Citizen's Advisory Committee Recommendations (#AB01-232) 13. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL OCTOBER 10, 2001 I. SUBJECT: FOR AGENDA OF: ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- SEPTEMBER 19, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: OCTOBER 3, 2001 ;~, CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT I1 INFORMATION I1 APPROVED BY COUNCIL~P~SIDENT FOR SUBMI'I-FAL: cou c, · _ SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9, RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED I1 TABLED I1 APPROVED [] DISAPPROVED ri AMENDED Il DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) / -~. CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPES #1793 &#1794 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 19, 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, September 19, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Cecil McConnell, and Wayne Olsen. Council member Ed Rollman was absent. Also present were Interim City Attorney Greg Amann; Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Paul Meeker of Our Savior's Lutheran Church. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) A letter addressed to George W. Bush, President of the United States was read into the record, indicating the support of the City for any actions The President deems necessary after the terrorist acts against the Nation. CONSENT AGENDA A. Minutes of Meeting - September 5, 2001 (#AB01-205) #0055 M/S/C/U (McConnell/Olsen) 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. #0075 M/S/C/U (Reed/McConnell) On September 19, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 256000 through 256195 in the amount of $398,382.84. COUNCIL MEMBER REPORTS Wayne Olsen discussed the Exit Conference performed by the State Auditor on September 13, and was happy to report that the City of Bremerton had a "clean slate". He also announced the Public Meeting to discuss proposals for the SR303 Corridor Study on September 25, 2001. Cecil McConnell also attended the Stakeholders meeting, and reiterated previous comments. Mike She_~herd announced that the District 5 meeting will be tomorrow evening, September 20, 2001 to be held at the Memorial Lutheran Church beginning at 6:30 P.M. with Mike Connolly to discuss Growth Plans of Olympic College. He also encouraged citizens to attend the public meeting to discuss the SR303 Corridor Study. Eric Younger understood that the intent of the meetings was to discuss alternatives, but expressed his opinion that it was important for citizens to attend and let their thoughts be known. Carol Arends discussed the alternate routes for entering the Shipyard to help alleviate the backed-up traffic caused by the tightened security at the entrance gates. Jim Reed thanked citizens for their extra patriotism during this trying time. John Law reported on the District 3 meeting held on Tuesday, and thanked those who attended. TAPES #1793 & #1794 City Council Reg. Mtg. Minutes September 19, 2001 Page 2 of 5 COUNCIL COMMITTEE REPORTS Carol Arends discussed the Transportation Policy meeting she attended in Seattle yesterday. MAYORS REPORT Due to the absence of the Mayor, Council President John Law read a Proclamation on her behalf, proclaiming October 2, 2001 as "Walk Our Children to School Day", which was accepted by Jackie Fojtik, Youth Program Coordinator of the American Red Cross. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Don Larson thanked all of the volunteers for their efforts during the Sinclair Inlet Clean-Up Event last Saturday, September 15, and also thanked the sponsors for their participation. Gordy Byrd thanked all those who donated funds to the American Red Cross for relief efforts. 10A- BID AWARD FOR SR304 TRANSPORTATION IMPROVEMENTS PROJECT ASBESTO-~ REMOVAL NO. 5 (#AB01-206): Jennifer Strehler stated that bids were opened for the SR304 Transportation Improvement Project, Asbestos Removal No. 5, on September 13, 2001. This contract provides for the removal and disposal of asbestos in 17 structures located within the Navy Yard Highway Phase of the SR304 Transportation Improvement Project. One bid for this project was received. Northwest Abatement Services was the lowest responsive bidder with a bid of $33,543.08. The Engineer's estimate for the project is $55,827.00. The action before the City Council is approval of the contract with Northwest Abatement Services for the SR304 Transportation Improvement Project, Asbestos Removal No. 5. There were no questions or comments from the public. #0840 M/S/C/U (Reed/Maupin) Move to approve award of the bid of $33,543.08 with Northwest Abatement Services for the SR304 Transportation Improvement Project, Asbestos Removal No. 5 contract, and authorize the Mayor to execute the same. 11A - PUBLIC HEARING & RESOLUTION NO. 2836, REGARDING RECOVERY OF FEES FOR REMOVAL OF VEGETATION FROM MULTIPLE PROPERTIES IDENTIFIED ON "PROPERTY IDENTIFICATION LIST" (#AB01-200): Janet Lunceford, Building Inspector, reiterated that Ordinance No. 4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code. The legal requirements for notice were met. Council is asked to approve the removal of the nuisance vegetation on the property and collection of the cost incurred by personal judgment against the owner and a lien against the property. It was noted that eight properties were removed from the list after complying with the abatement order. There were no questions or comments from the public. Mr, Shepherd was pleased that a number of property owners were removed from the list, but suggested that a process be implemented to recover the administrative costs of all the notification efforts prior to compliance. Mr. Maupin urged abatements to be made an item of priority. Mr. McConnell and Mr. Olsen discussed the non-compliance of the City's abatement laws by property owned by the State. It was confirmed by Ms. Lunceford that the State is exempt from this law. TAPES #1793 & #1794 City Council Reg. Mtg. Minutes September 19, 2001 Page 3 of 5 #1215 M/S/C (Maupin/Reed) Move that Council pass Resolution No. 2836 as amended, ordering that the nuisance vegetation on the properties identified by the attached listing be removed by the City with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the property. Voted in favor of Motion: Younger, Arends, Maupin, Reed, Olsen, Shepherd, and Law Voted opposed to Motion: McConnell Motion carried: 7-Yes; and 1-No 1 lB - PUBLIC HEARING AND ORDINANCE NO. 4774 (SECOND READING), REGARDING TEMPORARY AND SPECIAL PURPOSE SIGNS ON PRIVATE PROPERTY, AND AMENDING BREMERTON MUNICIPAL CODE 21.02.330 (e) (9) AND TITLE 21 APPENDIX FIGURE 3-30 (#AB01- 200): Council President John Law explained that the second reading for this ordinance was postponed for one-week at the Council meeting on September 12, 2001. It was reiterated that this ordinance amends Bremerton Municipal Code (BMC) 21.02.330 by including language that limits the size and time for posting temporary and special purpose signs on private property. First reading of this ordinance was heard at the Council meeting on September 5, 2001. There were no comments from the public. #1475 A-M/S/F (Shepherd/McConnell) Amended Main Motion to reduce the size of political signs in residential, private areas from 32 square feet to 8 square feet. Voted in favor of Amended Motion: McConnell and Shepherd Voted opposed to Motion: Arends, Maupin, Reed, Olsen, Younger, and Law Amended Motion failed: 2-Yes; and 6-No #1855 M-M/S/C (Reed/Arends) Move to pass Ordinance No. 4774 on second reading. Voted in favor of Main Motion: Maupin, Reed, Olsen, Shepherd, Younger, Arends, and Law Voted opposed to Main Motion: McConnell Main Motion carried: 7-Yes; and 1-No 11C - PUBLIC HEARING FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS (#AB01-208): Chris Hugo, Planning & Building Director, stated that the City of Bremerton proposes to amend its Comprehensive Plan and Optimum Land Use Map through City and public initiated amendment applications that will be applied Citywide as well as to specific properties. The approved amendments would be adopted by ordinance and some amendments are accompanied by related rezones to maintain consistency with the Comprehensive Plan. Greo_ Amann, Interim City Attorney, reminded the Council that this item would remain "open", and no legislative action would be taken tonight. The proposed amendments are among a total of eleven in the 2000-2001 Docket of amendments for City Council consideration. This agenda bill sets public hearing on each of the following proposals: (1) PLO0-O061. WHEA TON WA Y COMPREHENSIVE PLAN AMENDMENT AND ZONING (LOVELESS/BROOK) Mr. Hugo showed visuals while summarizing the Staff Report, and Findings & Conclusions. The proposed result would change both maps by allowing re-designation of the properties specified in the amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density Residential (LDR) and General & Highway Commercial (C-G) to Mixed Use (MU) designations; and the Official Zoning Map would be amended from Single Family Residential (SF-3) to Mixed Use (MX). TAPES #1793 & #1794 City Council Reg. Mtg. Minutes September 19, 2001 Page 4 of 5 James C. Tracy, Counsel for the applicant Loveless/Brooke, provided testimony to demonstrate that the proposal is consistent with the Bremerton Comprehensive Plan & Development Regulation amendment process, and therefore requested that the Council approve their request. Mike Shpeherd requested information regarding a possible increase in traffic at Broad Street and Wheaton Way. TAPE #1794 (2) PLO0-O062, HANFORD A VENUE COMPREHENSIVE PLAN AMENDMENT AND ZONING (SCHMIDT~ Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The proposed result would be to change both maps to re-designate the properties specified in the amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density Residential (LDR) to General & Highway Commercial (C-G) designations; and the Official Zoning Map would be amended from Professional Office (PO) to General Business (GM). Paul Schmidt, applicant, summarized his plans for the property and reasons for the requested Comprehensive Plan changes. He asked that the traffic flow in the corridor be addressed and pointed out that in that area there is limited commercial space. (3) PLO0-O001, PEARL STREET COMPREHENSIVE PLAN AMENDMENT AND ZONING (SETTERLUND.} Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The proposed result would be to change both maps to re-designate the properties specified in the amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density Residential (LDR) to General & Highway Commercial (C-G) designations; and the Official Zoning Map would be amended from Residential Low Density (DR) to General Business (GM). Ken Deshano, owner of Arby's Restaurant, hoped a positive solution could be found to please everyone -- the applicant as well as the homeowners. He emphasized that a lack of visibility around his business. Michael A. Spence, of HARRISON, BENIS & SPENCE, LLP, summarized the legal analysis he prepared regarding the first two proposals ("Loveless/Brook" and "Schmidt") at the request of the Hartford Area Neighborhood Association ("HANA"). It was explained that "HANA" is a group of 209 homeowners who live in the vicinity of the proposed Comprehensive Plan Amendments and Rezones, and that they have submitted a petition with their signatures in opposition to the proposed projects. He emphasized that the proposed area is encompassed by residential use and that adding businesses would pose problems to those neighborhoods. In addition, to increase the amount of development is equivalent to sprawl would be contrary to the Growth Management Act and would therefore set up inconsistencies in the Bremerton Comprehensive Plan. Their recommendation was for the Council to reject these proposed amendments and rezones. Alan Strange, President of "HANA" provided testimony to explain their reasons for opposing this project. He agreed emphasized that changes to zoning would have impacts on safety and traffic flow. Larry_ Sawyer was concerned for safety of children and asked that the neighborhoods be protected from encroachment. non Lapratt of Hartford Avenue emphasized that the property should be used appropriately by addressing community needs, which happens to be a need for residential development not business. Helen Miller believed these issues before Council tonight were quasi-judicial not legislative, which would render the current process problematic at this time. TAPES #1793 & #1794 City Council Reg. Mtg. Minutes September 19, 2001 Page 5 of 5 Kathy $1ader cautioned the Council to carefully consider the proposals, and added that people in residential areas were affected by neighboring businesses by noise from traffic movement and lights. Sheffy Norton asked the Council to preserve the residential area, which would allow for a continuous tax base and at the same time maintaining the character of the neighborhood. With no further questions or comments, testimony was closed to the public, and open to the Council. Mr. Shepherd requested a copy of the current permit for operations regarding item PL00-0001 prior to the deliberations. Mr. Reed asked if it would be possible for the applicant to submit their most recent proposal to the Hanford Neighborhood Association for their review and comment. No action is required at this time - The City Planning Commission has forwarded ali three proposed amendments to the Council with a recommendation to not approve them. However, the Council will not make any final decisions on these individual proposals until the entire 2000-2001 Docket of Proposed Amendments has been heard, in order to maintain consideration of their cumulative effect throughout the process. President Law announced that a date for the deliberations would be announced soon. He further announced that the record would be kept open for 14 days to receive written comments. Jim Simonson of Dolan Street asked if Notice could be provided more thoroughly and expeditiously to affected residents. President Law responded that Notice requirements are to be met by the Planning Department, therefore referred these comments, as well as those of any other resident who believes they were not properly Noticed, to contact Chris Hugo, Director of the Planning & Building Department. It was acknowledged that a number of letters were received, and would be made a part of the record. The public was informed that phone calls were not adequate for providing comments on these issues, and should be provided in writing. With the conclusion of regular Council business, the Council meeting was adjourned at 8:15 P.M. The Study Session that was scheduled to take place immediately following this meeting has been rescheduled as an item for the FISCAL & BUDGET and OPERATIONS COMMITTEE meeting on September 26, 2001. 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 OCTOBER 10, 2001 1. SUBJECT: FOR AGENDA OF: ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- SEPTEHBER 26, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMI'I-I-ED: OCTOBER 3, 2001 ;~. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION ['1 APPROVED BY COUNCIL ~.~, SIDENT FOR SUBMITTAL: 'vlAYOR COUNCIL PRESIDENT ,.~.~i:'- ~,. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Et. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ri TABLED [I APPROVED I"1 DISAPPROVED ri AMENDED ['l DATE: '~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: ~,. SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1795 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 26, 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, September 26, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne OIsen. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston, and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Rick Glornstead of Sylvan Way Baptist Church. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; followed by a 10-minute Executive Session from 5:05 - 5:15 P.M. to discuss "LITIGATION" per R.C.W. 42.30.110 (1) (i); and 2) Immediately following the regular Council meeting tonight, a televised "CITY COUNCIL CANDIDATES FORUM" sponsored by the Bremerton Area Chamber of Commerce and The SUN would be held in the Council Chambers. CONSENT AGENDA A. Minutes of Meeting- September 12, 2001 (#AB01-209) #0050 M/S/C/U (McConnell/Arends) Move to approve Consent Agenda as presented. Mr. Olsen left the meeting at 5:35 P.M. and was not available for this vote. 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. #0080 M/S/C/U (Reed/McConnell) On September 19, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 256196, and 256276 through 256419 in the amount of $1,593,700.58; Regular Payroll for the period ending September 15, 2001 in the amount of $770,188.35; and Retiree Payroll in the amount of $124,713.01 for the period ending September 30, 2001. Mr. Olsen returned to the meeting at 5:50 P.M. and was not available for this vote. COUNCIL MEMBER REPORTS Wayne Olsen announced that the next Combined District 1 and 2 Meeting would be held on October 11, 2001 at the Sheridan Park Recreation Center. The meeting will start at 7:00 P.M. and the topic will be "Meet the District 1 Candidates". Ed Rollman also commented on parking and traffic issues; asked for the public to be patient and urged people to use common sense while projects are under way; commented on a recent poisoning incident that involved a child and ingredients used to produce methamthetamine. He urged citizens to call 1-866-END-HARM if further information is needed. Mike Shepherd reported on the District meeting held on September 20; announced that the Habitat for Humanity Auction will be on Saturday, September 29that 5:00 P.M. at the Admiral Theater; announced the Harvest Moon Festival which will be celebrated this weekend which will include l0 TAPE #1795 City Council Reg. Mtg. Minutes September 26, 2001 Page 2 of 4 dancing and music from around the world; was pleased with the Martin Luther King, Jr. Constitution Day events which helped to raise money for the scholarship fund; mentioned the high attendance he observed at the SR303 Transportation Meeting; and asked the public to be patient with traffic, parking, and security concerns while construction projects are under way. Eric Younger invited the public to attend the next Combined District 6 and 7 Meeting to be held on Thursday, October 11th at 6:30 P.M. at the School District Administration Building in the Curriculum Library located on 134 North Marion Avenue. The topic will include discussion on "Sexual Assault Investigation and Victim Services Program"; and reported on the recent SR303 Transportation Study Meeting he attended. Carol Arends was pleased that the Gateway project is progressing smoothly and traffic concerns are being addressed, but encouraged citizens to seek alternate travel routes until construction is completed. Will IVlaupin announced prospective plans for future West Park improvements. He emphasized that these plans are in the concept stage and that the process will allow for future public comment to determine the most effective options for residents. John Law reiterated that at the SR303 Transportation Meeting the Manette/Perry Avenue Alternative was dropped from the list of alternatives to receive consideration. COUNCIL COMMITTEE REPORTS Carol Arends plans to attend the Puget Sound Regional Council Meetings for Executive Board and Operations Committee on Thursday, October 27th. MAYORS REPORT Announced that beginning Thursday, September 27th traffic may enter Naval Station Bremerton through the Montgomery Street Gate; asked for people to be courteous by not blocking streets and driveways. A meeting will be held with Puget Sound Naval Shipyard to look at possible long-term solutions. Regarding SR303 issues, she expressed to the Policy Board what alternatives she would not support and emphasized that certain issues like retail and mass transit must be addressed. Reported on Public Facilities District meeting; noted that the Fairgrounds and Conference Center projects will both receive financial consideration; and announced that a financial advisor may be hired in the near future. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Sue Swanson discussed improvements in reading test scores in Bremerton Schools, and asked for volunteers for the Washington Reading Corp. Programs at West Hills and Naval Avenue Elementary Schools. John Becker commented on the SR303 meeting, asked that a secure Park and Ride be one of the options, and requested that a meeting with businesses be arranged to look at transportation options and concerns. il TAPE #1795 City Council Reg. Mtg. Minutes September 26, 2001 Page 3 of 4 Ed Pietras introduced scouts Glen Baker and Zach Novis from Troop 1501 who were attending the meeting to earn 'Communication' and 'Citizenship in the Community' Merit Badges. Charleen Burnette announced that "Walk Your Kid To School" Day would be held on Tuesday, October 2nd, and more information can be obtained by contacting the Red Cross at 377-3761 or West Hills Elementary. She also announced that the City of Bremerton Centennial Celebration would be Saturday, October 13th from 9:00 A.M. to 7:00 P.M. Carlos Montgomery commented on the SR303 Transportation meeting and posed that a bridge be built from Riddell Road (westbound) to Highway 3. Dianne Robinson reported that at the property adjacent to her property located at 12th & Park had people living in tents. She was concerned with the safety of children who traverse the area and emphasized that the issue has already been reported to the Police Department. 10A- CONTRACT AWARD TO GOLDEN GLOBE JANITORIAL SERVICE FOR JANITORIAl SERVICES (#AB01-210): Wayne Hamilton, Utility Operations Manager, stated that four (4) bids were received for janitorial services on August 10, 2001, with Golden Globe Janitorial Service from Silverdale, WA as the Iow bidder. The Department of Public Works & Utilities, Facilities Division requests Council approval of the bid award and contract award to Golden Globe in the amount shown in Exhibit (1). This approval is for a two-year period commencing September 20, 2001 and ending September 19, 2003. There were no questions or comments from the public. Mr. Reed asked if the contract would include an increase from the last contract. Mr. Hamilton answered yes. #1445 M/S/C/U (Reed/Arends) Move to approve janitorial services award to Golden Globe Janitorial Service in the amount of $8,923.87 per month for a period of two years, and authorize the Mayor to execute such award subject to current City administrative policies and procedures. 10B - PROFESSIONAL SERVICES AGREEMENT AMENDMENT WITH OLSEN & OLSEN (#AB01- 211): Peggy Lesser, Risk Manager, summarized that OLSEN & OLSEN has been providing various legal services to Bremerton since December 2000. This firm has resolved four tort actions and three other cases remain active. It was noted that additional expenditure authority would be necessary to resolve those matters. There were no questions or comments from the public. #1510 M/S/C/U (Reed/Maupin) Move to approve the amendment to the Professional Services Agreement with OLSEN & OLSEN for an additional $50,000 amount, with a total not-to-exceed contract amount of $99,950. 11A- ORDINANCE (FIRST READING) APPROVING CITY'S 2002-2007 SIX-YEAR TRANSPORTATION PLAN (#AB01-212): Jennifer Strehler, City Engineer, emphasized that the Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Ordinance, and will be submitted to the Washington State Department of Transportation. /2. TAPE #1795 City Council Reg. Mtg. Minutes September 26, 2001 Page 4 of 4 Carlos Montgomery asked if there are plans to place a stop light at Arsenal Way. Ms. Strehler stated that there would be a study conducted this fall for that intersection. Ms. Arends added that there is increased foot traffic and lack of sidewalks. Mr. Reed supported safety improvements in the area of Arsenal Way. Mr. Younger clarified that if the ordinance was not passed, then funding would not be received. #1900 M/S/C/U (Arends/Reed) Move to approve the attached Ordinance on first reading, which approves the City's 2002-2007 Six-Year Transportation Improvement Program. With the conclusion of regular Council business, the Council meeting was adjourned at 6:34 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/ls/cge c: Normal Distribution File 13 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services FOR AGENDA OF: October 10, 2001//~ Agreement - Johnson Christie ORIGINATING DEPT: Risk Management/~ Andrews & Skinner ORIGINATOR: Peggy Lesser DATE SUBMITTED: October 1, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Admin. Services ~ ~ Operations ~'~ Interim City Attorney ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESLD~NT FOR~gUBMITTAL: MAYOR . COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL~CTION: The City needs to appoint counsel to try the case of Marvin G. Williams, Sr. vs. City of Bremerton, Spencer Berntsen and Frank R. Shaw in U.S. District Court at Tacoma. 8. RECOMMENDATION: Motion to approve the professional services agreement with Johnson Christie Andrews & Skinner. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE: 12/31/2003 REVIEW DATE:. 10. NOTICE OF ACTION COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 01- ~'i~O 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Impaired defense at trial. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Funding is available in the Legal Department's budget. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT Johnson Christie Andrews & Skinner The City of Bremerton ("City") and Johnson Christie Andrews & Skinner, ("Contractor"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Contractor will perform necessary services and represent the City of Bremerton and its employees in Case #C00-5622RJB, Marvin G. Williams, Sr. v. City of Bremerton, Spencer Bemtsen and Frank R. Shaw, filed in United States District Court at Tacoma. II. Term: This Agreement commences on September 24, 2001 and terminates on December 31, 2002. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor at the hourly rate of Two Hundred and No/100 Dollars ($200.00) plus reasonable costs and expenses. Total compensation shall not exceed Sixty Thousand and No/100 Dollars ($60,000.00). IV. Relationship of Parties: Contractor is skilled in legal matters and litigation and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O') providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL') policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of either policy. PSA - Johnson Christie Andrews & Skinner Page I of 3 Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Contractor City of Bremerton Johnson Christie Andrews & Skinner 239 Fourth Street 7400 Bank of America Tower Bremerton, WA 98337 701 5th Avenue Seattle, WA 98104 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. PSA - Johnson Christie Andrews & Skinner Page 2 of 3 H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability., except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon thirty (30) days' notice to the other party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. CITY OF BREMERTON JOHNSON CHRISTIE ANDREWS & SKINNER LYNN S. HORTON, Mayor Departmental Approval: KATHLEEN L. McCLUSKEY Administrative Services Director Approved as to form: LOREN COMBS Interim City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk PSA - Johnson Christie Andrews & Skinner Page 3 of 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October~O, 2001 ORIGINATING DEPT: Admin Srvs. \} Master Permit ORIGINATOR: Kathle~n ~-~~e-y~-- Kitsap Public Utility District DATE SUBMITTED: Sept. 26,2001 2. CLEARANCES: (comment on back 3. EXHIBITS: ~ ., if/hecessary) At t orne~J~~?~' Master Permit PW&U ENDORSEMENT /% INFORMATION APPROVED BY COUNCIL PRESID~/FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Kitsap Public Utility District (KPUD) plans to construct a fiber telecommunications system through Bremerton. This Master Permit coupled with the Telecommunications Ordinance will govern the construction maintenance and operation in the public right of way. 8. RECOMMENDATION: A) Motion to approved granting of Master Permit to Kitsap Public Utilities District. 9. RESPONSIBLE OFFICIAL: PW&U & Admin. ENFORCEMENT OFFICIAL: McCluskey_ EXPIRATION DATE:10/06 REVIEW DATE: 10/06 lO. NOTICE OF ACTION Et 0 A PULLED TABLED APPROVED DISAPPROVED AM E COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: O l -- ~k{ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: KPUD would be unable to install fiber system. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Increased utility tax from services. Added enhancement for business location in Bremerton. 7. RESEARCH SOURCES: MASTER PERMIT (Kitsap Public Utility District) 1. Non-Exclusive Right. This Master Permit grants to Kitsap Public Utility District a non exclusive right to construct, maintain, operate, replace and repair a telecommunications system in the public right-of- way, for the purpose of providing communications services as allowed by law, either directly or through leasing its facilities to third parties, subject to certain conditions and duties as further provided. 2. Master Permit Area. The Master Permit area shall mean that area within the present and future corporate limits of the city. 3. Parties. This Master permit is between the City of Bremerton as Grantor, hereafter "City" and Kitsap Public Utility District as Grantee, hereafter "Grantee", who is a municipal corporation in Washington State. 4. Authorizations. In return for promises made and subject to the stipulations and conditions stated, the City grants to Grantee general permission to enter, use, and occupy the right of way, as de£med in RCW 35.99.010 (5); to locate facilities, to provide telecommunications service to the public, whether directly as allowed by law or through the lease of its facilities to third parties, in the City of Bremerton. The Grantee understands that under RCW 54.16.330, a public utility district is authorized to provide telecommunications services for its internal needs and wholesale to third parties, but is not authorized to provide telecommunications services directly to end users. It is the understanding of the parties that if the law changes to permit public utility districts to provide telecommunications services directly to end users, this permit shall serve as the authorization to provide such services. This grant is in the nature of a Master Permit, as referenced in RCW 35.99.010 (3), and is not in lieu of a specific use permit as may be required by City code or policy. In addition, Grantee's use is also subject to Telecommunications Ordinance No. __ and all other ordinances, roles and regulations adopted by the City relating to telecommunications services and right of way use as they are in effect at the time of the written acceptance of this Master Permit by the Grantee. In accepting this Master Permit, Grantee Kitsap Public Utility District Master Permit Page I of 9 stipulates and agrees to the City's authority to issue and require the Master Permit and stipulates and agrees to the other terms and conditions hereof. If following Grantee's acceptance of the Master Permit the City modifies or adopts new ordinances, rules or regulations which conflict with the Master Permit and adversely affect the Grantee, then the terms of the Master Permit shall prevail. 5. Term: This Master Permit is granted for a period of not more than five (5) years, subject to all termination clauses within this Permit. The Grantee and the City agree, however, that at the end of five (5) years, the grantee shall have the option to renew the permit for an additional five (5) years, subject to changes, if any, in federal, or state, law, any changes in generally applicable taxes or fees and renegotiation of any other terms determined to be in the best interest of the City. 6. Amendments. The Grantee and the City agree that the Master Permit can be amended at any time, upon written agreement by both parties to allow Grantee to provide services to the City or to make the Master Permit consistent with other service agreements between the Grantee and the City. Subject to Section 4 the City reserves for itself the right at any time upon ninety (90) days written notice to the grantee, and providing the grantee an opportunity to be heard, to so change, amend, modify or amplify any of the provision or conditions here enumerated to conform to any state statute or city regulation, relating to the public welfare, health safety or street regulation, as may hereafter be enacted, adopted or promulgated. 7. Customer Service. Grantee shall remain in good standing a municipal corporation in the State of Washington and pay any fees or similar obligations applicable thereto. Grantee shall maintain a reliable mailing address, with a named responsible individual person as necessary for consumer contact and a local agent for service of process, a toll free public telephone number, fax number, and accessible email address 24 hours a day, seven days a week for customer access. The voice and fax telephone numbers shall be personally staffed at least during normal business hours. Any changes Kitsap Public Utility District Master Permit Page 2 of 9 to this information shall be stated in writing and sent to the Administrator. Grantee promises to provide safe and reliable service and to comply with all applicable federal, state and local laws, including municipal regulatory ordinances, resolutions of the City Council and orders of the Administrator relating to use of the right of way or otherwise to the application, enforcement or interpretation of this Master Permit, as may now or hereafter arise. 8. Notices. All notices shall be in writing and provided as follows: KPUD Telecommunications Manager P.O. Box 1989, Poulsbo, WA 98370 Voice telephone: (360) 779-7656 x730 Fax telephone: (360) 779-3284 Email: djones~kpud.org City of Bremerton Administrative Services Director 239 Fourth Street Bremerton, WA. 98311 9. Taxes. Nothing in this Master Permit shall limit Grantee's obligation to pay applicable local, state or federal taxes including local gross receipt tax pursuant to Bremerton Municipal Code Title 5. Provided however, that nothing in this permit shall prevent the City and Grantee from negotiating for services in lieu of taxes. 10. Facilities for City Use. Consistent with RCW 35.99.070, at such time as Grantee is constructing, relocating, or placing ducts or conduits in right of way or other permitted areas, the Administrator may require Grantee to provide the City with additional duct or conduit and related structures necessary to access the conduit, provided that: A. The City enters into a contract with the Grantee consistent with RCW 80.36.150. The contract rates to be Kitsap Public Utility District Master Permit Page 3 of 9 charged should recover the incremental costs of Grantee. If the City makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged shall recover at least the fully allocated costs of Grantee. Grantee shall state both contract rates in the contract. The Administrator shall inform the Grantee of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the City. B. Except as otherwise agreed by Grantee and the City, the parties agrees that the requested additional duct or conduit space and related access structures can be used by the City to provide telecommunications or cable television service for hire, sale, or resale to the general public, at the commercial rate applied to other customers. C. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 11 .Under Grounding: The purpose of this section is to recognize and preserve the City's control over uses of the public right of way, particularly with respect to policies regarding the under grounding of overhead lines for aesthetic reasons. Consistent with any general municipal under grounding policy or program now or hereafter developed, the City reserves the right to require Grantee's participation in municipally imposed under grounding or related requirements as may now or hereafter arise, as a condition of Grantee's new installation or major maintenance or restoration construction activities of overhead facilities under this Master Permit. Grantee agrees to coordinate its underground installation and planning activities with the City's underground plan and policies; provided, in no event shall any third party beneficiary Rights be implied or created. Kitsap Public Utility District Master Permit Page 4 of 9 12. Revocation: A. This Master Permit may be revoked for violation of any terms and conditions of the Master Permit or other city ordinances, resolutions or policy including but not limited to the following: 1. Construction or operation in the public rights-of-way of the City or upon City property in a manner in violation of this Master Permit; 2. Construction or operation at an unauthorized location in the public rights-of-way of the City or upon City property; 3. Misrepresentation by or on behalf of Grantee in any material respect in any application or written statements or documents to the City upon which the City relies in making the decision to grant, review, or amend this Master Permit. 4. Abandonment of telecommunications facilities in the public ways or upon City property; 5. Failure to relocate or remove facilities as required in this Master Permit or other governing ordinances; 6. Failure to pay taxes, compensation, fees, or costs when and as due the City under this Master Permit; 7. Insolvency or bankruptcy of Grantee; 8. Violation of any material provision of this Master Permit or Telecommunications Ordinance No. ., which is not timely cured upon notice to Grantee by the City. B. In the event that the City believes that grounds exist for revocation of this Master Permit, Grantee shall be given written notice of the apparent violation or noncompliance, and provide the Grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence: 1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; 2. That rebuts the alleged violation or noncompliance; or 3. That it would be in the public interest to impose some penalty or sanction less than revocation. Kitsap Public Utility District Master Permit Page 5 of 9 C. In the event that Grantee fails to provide evidence reasonably satisfactory to the Administrator, the Administrator shall refer the apparent violation or non-compliance to the City Council or Hearings Examiner. The City Council or Hearings Examiner shall provide the Grantee with reasonable notice and a reasonable opportunity to be heard concerning the matter. 13. Master Permit Administration. A. General administration of this Master Permit for the City is throug~ the office of the Administrator. However, the Administrator may delegate his/her authority and responsibility to other agents of the City. All questions of application, interpretation, conflict or ambiguity arising out of or in connection with this Master Permit may be determined through communications with the Administrator, except where otherwise specifically stated. B. Grantee may appeal any decision of the Administrator to the City Council or Hearings Examiner by filing a written notice of appeal within thirty (30) days of the date of issuance of the Administrator's decision, with copies also sent to the Mayor, Administrator and City Attomey. The notice of appeal must include a copy of the Administrator's decision and a complete record originally submitted to the Administrator by Grantee. The Administrator shall submit any additional response to the City Council or Hearings Examiner within ten (10 Day) of receipt of the notice of appeal. The City Council or Hearings Examiner shall schedule a hearing within a reasonable period of time but not to exceed sixty (60) days fi:om filing of the Notice of Appeal and decide the question submitted. 14. Acts Discretionary~ Reservation of Authority. A. All City acts undertaken pursuant to this Master Permit shall be deemed discretionary, guided by considerations of the public health, safety, esthetics and convenience and other provisions of this Master Permit. Grantee agrees that the City reserves all municipal powers now or hereafter granted by law, including without limitation the power to tax and license, regulate activities and land use, protect the public health and safety, and regulate and control use of public right of way. Kitsap Public UtiliW District Master Permit Page 6 of 9 B. Should Grantee have any question as to a conflict or ambiguity with respect to its rights under this Master Permit or applicable federal or state law, it agrees to first submit the same to the Administrator, with any supporting materials or authorities. The intent of this provision is to provide a quick and efficient means of understanding and resolving problems arising under this instrument. 15. No Transfer~ No Stock to Be Issued. A. This Master Permit shall not be sold, leased, assigned or otherwise alienated without the express consent of the City and no role of estoppels shall be invoked against the City in case the City shall assert the invalidity of any attempted transfer in violation of this section. The City agrees not to withhold consent where Grantee demonstrates that the requested assignment is in the nature of a change of name or a change in the nature of a reorganization or merger of or with an entity controlled by, controlling, or under the common control of the Grantee, there being no other change in the resulting entity's ability to meet its Master Permit obligations B. The City reserves the right to invoke any or all provisions of this Master Permit upon the Grantee's successors or assigns, judgment creditors, or distributees of facilities or property used in enjoyment of privileges conferred herein, whether or not stated elsewhere, all without waiver of the right to withhold consent not expressly given of any such transfer and/or require a new Master Permit. C. Grantee will not permit installations by others in permitted areas without written approval fi.om the Administrator. Such approval shall not be in lieu of a permit or other requirements of the City. Whether or not permitted, Grantee remains responsible for all third party users permitted or allowed by Grantee for compliance with this Master Permit. The intent of this provision is to require third parties who desire to use Grantee's facilities to comply with city requirements regarding Master Permits as they may apply. 16.Commence of Construction. The Grantee shall commence construction work under this Master Permit within twelve (12) months after the effective date hereof. Kitsap Public Utility Dismct Master Permit Page 7 of 9 17.Changes In Law. In the evem of significant change in the law regulating Grantee's activities under this Master Permit or change in municipal authority to act under the terms of the Master Permit, or significant change or advancement in technology governing Grantee's functions, the parties, upon mutual agreement, may renegotiate any or all provisions of this Master Permit, but no obligation to do so is created by this section. 18.Governing Law and Venue. The laws of the State of Washington govem this Master Permit, and venue for any litigation arising out of or in connection with privileges extended herein is stipulated to be in Kitsap County. 19. Severability. If any section sentence, paragraph, term or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Master Permit, or any renewal thereof. 20.Effective Date. The provisions of this Master Permit shall be effective as of ., 2001, and remain in force and effect for the remainder of the term, as specified in Section 3; PROVIDED, that if Grantee does not accept this Master Permit within 14 days of the effective date by its written acceptance by the Grantee, signed by its proper officers, and filed with the City Clerk, this Master Permit shall become null and void. Dated this __ day of ., 2001. City of Bremerton: Lynn S. Horton, Mayor Kitsap Public Utility District Master Permit Page 8 of 9 Department Approval: Kathleen L. McCluskey Administrative Services Director City Attorney: Loren Combs, City Attorney Kitsap Public utility District for itself, its successors and assigns, hereby accepts this Master Permit and all the terms and conditions thereof, and files this, its written acceptance, with the City ofBremerton, Kitsap County, Washington. Dated this day of ,2001. Kitsap Public Utility District: By~ Print Name Print Title Attest: Print Name Print Title Kitsap Public Utility District Master Permit Page 9 of 9 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Contract for Legal FOR AGENDA OF: October 10, 200~/ Services - McGavick Graves, P.S. ORIGINATING DEPT: Admin. Service~ regarding Burlington tax case ORIGINATOR: Paula Johnston~ DATE SUBMITTED: ~ ~, ~V 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Admin. Services ~ ~ _ Contract Interim City Attorney~_~~?'~~__ ...... ~ -.~ ~.~../~ ~ ~ ~sca~ ~ ~uage~ ~ ~_~ Operations ~~~ ENDORSEMENT ~' IjF~ION APPROVED BY COUNCIL PRE~FOR~ITTAL: ~YOR ~~ ~ COUNCIL PRESIDENT ~~/~~ 4. SU~RY STaTEmENT ~ND REQUIREMENT FOR COUNCIL ~CTION: Tho CSry ~f Bremer~on has boon in l~i~a~on w~h BurlSn~on Enviro~en~al, Inc. re~ard~n~ a Bus,ness/Occupation Tax d~spute for utility ~axes owed ~rom 1996 ~hrou~h 2000. Burlington was prime contractor a~ PSiS for hazardous ~as~e collection dur~n~ this r~me frame, ~enera~n~ about $6 m~ilion over the l~s~ four years. ~e were successfui ~n hav~n~ ~h~s case remanded back ~o ~he C~y ~or proper a~n~srra~vo rev~o~. Our a~ornoy, S~eve Re,ch, has ~¢hdrawn from ~his case. ~aul ~lTasted of ~cGaT~ck Graves ~s a skilled tax attorney who ~ould be head l~ti~a~or on this case. Staff recomonds ro~ain~n~ ~cGav~ck Graues, ~.S. as counsel ~o br~n~ ~h~s tax case ~o a successful conclusion. 8. RECO~E~D~T ION: Move to approve professional services agreement with McGavick Graves, P.S. as retained counsel representing the City in Burlington Environmental Inc. v. City of Bremerton and authorize the Mayor to Execute same. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ] [ -%~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 3o 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City will lack expert legal representation in material tax litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Contract not to exceed $100,000 and 15% of realized tax assessment. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT McGavick Graves Legal Services The City of Bremerton ("City") and McGavick Graves, ("Contractor"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Contractor will represent the City of Bremerton in Burlington Environmental Inc. v. City ofBremerton, Kitsap County Superior Court No. 97-2-02152-1 and any subsequent appeals, as herein set forth. The Contractor and City will review the progress of this case 1) after the Contractor has analyzed the pleadings to date; 2) after the correct tax assessment has been identified upon the completion of a gross receipt audit of Burlington's in-city business activity; 3) in the event the tax assessment is appealed by Burlington a mutual review and analysis will be made before proceeding to each appealed level of judicial review beginning with the Heating Examiner review pursuant to Bremerton Municipal Code Chapter 2.62. The City will be responsible for retaining professional tax audit services to complete the gross receipt audit of Burlington and to identify the correct assessment, as well as work with the Contractor in case development. The Contractor further agrees to recommend amendments of the City's Tax Code, BMC 5.02, as it relates to the elements of this tax case. II. Term: This Agreement commences on October 10, 2001 and terminates on December 31, 2003. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor a rate not to exceed Two Hundred and No/100 Dollars ($200.00) per hour for litigator, partners, associates or counsels to the firm. Office and paralegal services will be billed at their actual hourly rate. Direct hourly compensation is capped at One Hundred Thousand and No/100 Dollars ($100,000.00) with Contractor agreeing to continue full representation after the cap provided that, in the event there is recovery of tax from this case, the Contractor will receive the hourly rate up to One Hundred Thousand and No/100 Dollars ($100,000) or 15% of recovery, which ever is greater. IV. Relationship of Parties: Contractor is skilled in legal and litigation and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City PSA - McGavick Graves Page I of 4 30- may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of either policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both parties. E. Notices: Notices shall be in writing and delivered to the following addresses: PSA - McGavick Graves Page 2 of 4 City Contractor City of Bremerton McGavick Graves 239 Fourth Street 1102 Broadway, Suite 500 Bremerton, WA 98337 Tacoma, WA 98401-1317 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attomeys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon thirty (30) days' notice to the other party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. CITY OF BREMERTON McGAVICK GRAVES LYNN S. HORTON, Mayor Departmental Approval: KATHLEEN L. McCLUSKEY Administrative Services Director // PSA - McGavick Graves Page 3 of 4 3q Approved as to form: LOREN COMBS RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk PSA - McGavick Graves Page 4 of 4 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Agreement with City of FOR AGENDA OF: October 10, 2001~ Seattle for perform a tax ORIGINATING DEPT: Admin. Service revenue audit ORIGINATOR: Paula Johnston DATE SUBMITTED: October 3, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if neces~sary) Admin. Services ,,~~ ~~~ E-mail Confirmation Interim City Attorney Fiscal & Budget Operations BY OU CIL MAYOR ~~~ ~ COUNCIL PRESIDENT ~//~~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In conjunction with retaining McGavick Graves, P.S. as legal counsel in the ongoing tax case, Burlington Environmental Inc. v. City of Bremerton, staff is recommending that we retain the tax audit services of the City of Seattle Tax and Licensing Department. Seattle tax auditors are specialists in gross receipt tax auditing. Seattle has agreed to perform the Burlington audit including field work and audit findings and will be available to testify in court if the need arises. Seattle will charge $150/hr. with the total not to exceed $25,000 without further authorization. 8. RECOMMENDATION: Move to approve retaining the tax audit services of the City of Seattle and authorize the Mayor to execute a letter of agreement. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTI CE OF ACTION _ PULLED TABLED APPROVED DISAPPROVED ]' ~fNDfD COUNCIL DIRECTIVE: DATE: tl. AGENDA BILL NO: O\ -~-~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City will have to retain a private CPA firm at a higher hourly rate and with less audit expertise in the area of gross receipt taxation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Audit expenditure not to exceed $25,000. 7. RESEARCH SOURCES I Paula JohnstOn - Re: Contracted Audit of Burlington Environmental, Inc. ~'age , j From: "Mel McDonald" <MeI.McDonald@ci.seattle.wa. us> To: <pjohnston@ci.bremerton.wa.us> Date: 10/1/01 3:26PM Subject: Re: Contracted Audit of Burlington Environmental, Inc. Paula--This is to confirm our agreement to conduct an audit of Burlington Environmental on behalf of the City of Bremerton. It is my understanding that the amount will be for no more than $25,000. The audit will consist of obtaining and varifying the validity of the gross receipts received by Burlington Enveronmental from contract work conducted within the City of Bremerton. We will also prepare audit schedules and provide testimony as to the audit procedures that were conducted. Mel McDonald >>> "Paula Johnston" <pjohnston@ci.bremerton.wa. us> 09/28/01 04:39PM >>> Mel, Thank you for agreeing to contract with the City of Bremerton for performing a Gross Receipt Audit of Burlington Environment, Inc, a hazardous waste collector at Puget Sound Naval Shipyard from 1996 through 1999. This email is to confirm that Seattle can perform this audit for the rate of $150 per hour of auditor time for both field work and audit finding preparation. It is also confirmed that your assigned auditor and/or audit supervisor, Joseph Cunha, will be available to testify in court should the need arise once the audit is complete and the tax assessment made to Burlington. It is further confirmed that the above is all that Seattle has agreed to perform for Bremerton. Upon receipt of your confirmation of the agreement stated herein, I will present this proposal to City Council which is presently scheduled for Wednesday Committee meetings, October 3, 2001 and City Council on the 10th. Upon approval of spending authority, which will be capped at $25,000 without further review by Council, we can proceed. I have pertinent material to share with your assigned auditor and Joseph that was obtained through discovery efforts during the first round of tax litigation in Renton and am looking forward to meeting with them as soon as I have direction to proceed from City Council. Thank you, Mel and Joseph. I am looking forward to working with you. pj Paula Johnston Deputy City Clerk City of Bremerton 239 4th Street, Brem WA 98337 (360)478-5311 pjohnston@ci.bremerton.wa.us CC: "Joseph Cunha" <Joseph. Cunha@ci.seattle.wa.us> AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services FOR AGENDA OF: October 10, 2001 Agreement Amendment - Ryan Sells ORIGINATING DEPT: Risk Manaqement Uptegraft, Inc. ORIGINATOR: Peggy Lesser~ DATE SUBMITTED: October 1, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary)~ ~ Original Contract Admin. Services Fiscal & Budget Operations Interim City Attorney~w'~/ MAYOR ,~ . COUNCIL PRESIDEN~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL The City wishes to assign additional defense work to this firm and therefore needs to amend the scope of services and compensation provisions of the original contract. 8. RECOMMENDATION: Motion to approve the amendment to the professional services agreement with Ryan Sells Uptegraft, Inc. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive EXPIRATION DATE: 12/31/02 REVIEW DATE: 09/30/02 10. NOTICE OF ACTION PULLED TABLE D AP PROVED ~~E~ DISAPPROVED COUNCIL DIRECTIVE: DATE: __ 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City will not be properly represented in legal actions against it. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Funding is available in the Legal Department's budget. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Ryan Sells Uptegraft, Inc., (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, on February 15,2001 the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in an amount not to exceed Twenty Thousand and No/100 Dollars ($20,000.00); and WHEREAS, the parties wish to amend the agreement and to provide for additional services required for ongoing litigation in the additional amount of Thirty Thousand and No/100 Dollars ($30,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section I. "Scope" is amended to read: The Retained Counsel will perform necessary legal services and represent the City of Bremerton in cases assigned by the City and accepted by Retained Counsel. Section III. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00). Payment will be based on the hourly rate of One Hundred Twenty-five and No/100 ($125.00) for attomey services provided by retained counsel, plus reasonable costs and expenses including but not limited to copy fees, postage, phone expenses, court reporter fees, witness fees and mileage for out-of-county travel. Payment will be made within thirty (30) days of billing. Section IV. "Hold Harmless" is amended to read: Insurance and Hold Harmless. Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions committed by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of either policy. Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defen& indemnify, and hold harmless the City and its officials and employees from and against all PSA Amendment - Ryan, Sells. Uptegrafi, [nc. liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. All other terms and conditions of the parties February 15,2001 Professional Services Agreement as amended on June 6, 2001 shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ., 2001. CITY OF BREMERTON RYAN, SELLS, UPTEGRAFT, INC. By: By: LYNN S. HORTON, Mayor APPROVED AS TO FORM: LOREN COMBS Interim City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, City Clerk PSA Amendment - Ryan, Sells, UptegralL Inc. Page 2 PROFESSIONAL SERVICES AGREEMENT RYAN, SELLS, UPTEGRAFT, INC. The City of Bremerton ("City") and Ryan, Sells, Uptegraft, Inc. ("Retained Counsel"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Retained Counsel will perform necessary legal services and represent the City of Bremerton in Case Number 00 2 01832 2, Linda Lee Kreifels v. City of Bremerton, filed in Kitsap County Superior Court. If appeal is taken from any judgment in this matter, this contract shall not apply to that appeal. ^ sul0sequent contract may be negotiated for appellate work. 11. Term: This Agreement commences on FebruaG' !5, 2001 and terminates on December 31, 2002. III. Compensation: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Twenty Thousand and No/100 Dollars ($20,000.00). Payment will be made based on the hourly rate of $125.00 for attorney services provided by retained counsel, plus reasonable costs and expenses including but not limited to copy fees, postage, phone expenses, court reporter fees, witness fees and mileage for out-of-county travel. Payment will be made within thirty (30) days of billing. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the Mayor or a Bremerton Assistant Attorney, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form reasonably requested. B. Entire A,qreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. RYAN SELLS UPTEGRAFT INC 2/5i01 - Page 1 /-/3 C. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: Lynn Horton David Horton Mayor Ryan, Sells, Uptegraft, Inc. 239 Fourth Street 9657 Levin Road NW, Suite 240 Bremerton, WA 98337 Silverdale, WA 98383 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other dght or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. VII. Termination: This Agreement may be terminated, at will, by either Party upon thirty (30) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the ter. minating Party, and the non-performing Party does not commence correction of the failure of performance within five (5) days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON RYAN, SELLS, UPTEGRAFT, INC. NN S. HORTON, Mayor By: .T.¢-~' I~;..~ I'~~ RYAN SELLS UPTEGRAFT INC 2/5t01 - Page 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: To accept the £mal results of the FOR AGENDA OF: October 10, 2001 Compensation & Classification Study conducted ORIGINATING DEPT: Human Resources By Prior/Martech & Associates. ORIGINATOR: Carol Conley DATE SUBMITTED: October 3, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ~ ]V~}¢. ~2Y~~. _~-~~-~.~ ~ Pay & Class Study ~alrepo~ City A~y.:/~~ ~~~ Fiscal a Budget Co.tree;. ~~~~~ Operat om Co~lttee. ~ ~ E~ORSE~NT~ ~O~TION [ ] ~PROVED BY CO~CIL P~SI~ FO~ S~TT~: 4. SUMMARY STATEMENT AND ~QUI~MENT FOR COUNCIL ACTION: In order to fomlly conclude ~e Classification & Compe~ation Study, k is the reco~endation of the Class~cation & Compensation Co~i~ee (CCC), t~t the resuks of the fm~ repo~ for the Tea~ters b~ga~g mt positions, ~ adopted by the City Co~cil. *Please note that Council is not being asked to approve the implementation of the study. The implementation of the study will be considered as part of the overall economic package, and is in the process of being negotiated between the City and the Teamster's bargaining teams. Implementation will only occur upon formal ratification of a new labor agreement by the City Council and the Teamsters upon conclusion of negotiations. 8. RECOMMENDATION: Motion to adopt the results of the final report of the Classification & Compensation study for Teamsters positions. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: Tt C~ PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED[ ] AMENDED [ ] DA COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: OI - ~'- (OVER) 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Failure to approve this motion would result in the invalidation of the emire Classification and Compensation Study for the Teamsters bargaining unit employees. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: Memorandum To: Teamsters Bargaining Unit Members CC: From: Lynn Horton, Mayor<5~ Date: 10/1/01 Re: Results of Classification & Compensation Study I am pleased to release the final resuks of the Teamsters portion of the Classification and Compensation study begun in October of 2000. Although the process took much longer than anticipated, the results should be acceptable to most employees. The study was fair and equitable because of the participation of both management and bargaining unit members on the Classification and Compensation Committee. The implementation of the results of the study will be considered as part of the overall economic package in the current contract negotiations between the Teamsters and the City. I would also like to extend my sincere appreciation to the members of the Classification and Compensation Committee for the many hours spent on this important study. Memo To: Teamsters Employees From: The Classification and Compensation Committee (CCC) CC: Date: October 2, 2001 Re: Pay & Classification Study Results The Classification & Compensation study has been completed and a copy of the results is attached hereto, which include additional review by the committee for appeals based upon classification and/or pay. Taken into account was not only the results of the pay survey, which included additional governmental agencies for positions we had problems finding good matches for, but also from an intemal equity basis as well. No further appeals will be permitted or desk audits performed during the next 12 months for any of these positions. The final job descriptions, which are being converted from the PDQ's to the standard job description format, should be completed by mid-November, and will be posted as required. In most cases, employees either gained at least one (1) pay band or stayed in the same band, and three (3) positions went down one (1) pay band. The implementation of the study is subject to the collective bargaining process, and is being addressed during the current contract negotiations between the City and the Teamsters. The Committee would like to thank you for your patience and cooperation in this study. · Page 1 TEAMSTERS BARGAINING UNIT Final Results of ClassificatiOn/Compensation Study Ricci Accounting Assistant I Accounting Assistant II 6 8 8 Kelleigh Accounting Assistant II Accounting Assistant II 7 Berg Accounting Assistant [I Accounting Assistant II 7 8 Holguin Accounting Assistant II Accounting Assistant II 7 8 8 Swanson Accounting Assistant II Accounting Assistant II 7 Fleming Accounting Assistant I[ ~kccounting Assistant [II 7 9 Rieger Accounting Assistant II ~,ccounting Assistant Senior 7 10 ?od Accounting Assistant Senior hccounting Assistant Senior 9 10 Fountain Accounting Assistant Senior hccounting Assistant Senior 9 10 Brown Accounting Assistant Senior ~.ccounting Assistant Senior 9 10 Vacant Accounting Assistant Senior Accounting Assistant Senior 9 ! 0 Raney Accounting Assistant Senior Accounting Assistant Senior 9 10 Herrmann Accounting Assistant Senior Accounting Assistant Senior 9 10 VACANT ~.nimal Control Officer Animal Control Officer 9 10 DeShon ~knimal Control Officer (Part Time) Animal Control Officer (Part Time) 9 10 VACANT - NEW Assistant Network Administrator Assistant Network Administrator N/A 15 Wolf BDS I BDS I 9 11 Dlson BDS I BDS I 9 11 5unceford BDS II BDS II 13 14 ?raze BDS II - Part Time BDS II - Part Time 13 14 hban Civil Engineer I Civil Engineer I 15 16 ?ridriksson Civil Engineer II Civil Engineer lI 16 18 Wandling Civil Engineer II 2ivil Engineer II 16 18 Lever Civil Engineer Iti 2ivil Engineer III 18 19 Kendrick Computer Programmer/Anal. 2ustomer Service./PC Tech. 14 15 Boynton Court Home Detention Specialist ~ourt Home Detention Specialist 1 l 12 Cryder Electronics Supervisor Electronics Supervisor 16 17 Dean Electronics Technician Electronics Technician l 4 14 Mixer Electronics Technician Electronics Technician 14 14 Baker Electronics Technician Electronics Technician 14 14 Collins Electronics Technician Electronics Technician 14 14 Shephard Electronics Technician Electronics Technician 14 14 ?~ebelowski Engineering Technician II Engineering Technician II 10 l 1 Keller Engineering Technician II Engineering Technician III I0 13 [_awrence Engineering Technician 1I Engineering Technician I1 i0 1 l Westb¥ Engineering Technician II Engineering Technician II 10 11 lankowski Engineering Technician IH Engineering Technician IV 12 15 Hu,ehes :Engineering Technician III Engineering Technician IV 12 15 ISkanes iEn~eineering Technician 1II Engineering Technician III l 2 i 3 TEAMSTERS BARGAINING UNIT Final Results of Classification/Compensation Study Fowler Engineering Technician III Engineering Technician IV 12 l 5 Babbitt Engineering Technician III Engineering Technician IV 12 15 Elsen Engineering Technician IV Engineering Technician Senior 13 18 Seister Engineering Technician IV Engineering Technician Senior 13 18 Berthiaume Environmental Technician Environmental Technician 13 14 Adams £nvironmental Technician :Environmental Technician l 3 14 Hock Facilities Supervisor ?arks Facilities Specialist 12 15 Mottner Facilities/Inventory Supervisor ?acilities/lnventory Supervisor 15 17 Mitchell Journey Level Electrician [out-ney Level Electrician 14 14 Reed Journey Level Electrician Journey Level Electrician 14 14 Ernst Jr. Lead Mechanic ~utomotive Equipment Technician - Lead 13 15 Mutek Lead Service Specialist ?arks Service Specialist, Lead 11 l 5 Clauson Lead Service Specialist Utilities Service Specialist, Lead 13 15 Hoffman Legal Technician Legal Technician 7 8 Coats Legal Technician Legal Technician 7 8 Blaylock Legal Technician Legal Technician 7 8 Jenkins Legal Technician Legal Technician 7 8 Groneman Legal Technician Legal Technician 7 8 Minor Legal Technician III Legal Technician Senior 9 t0 Grocott Maintenance Coordinator Maintenance Coordinator II 13 l 5 Ford Mechanic Automotive Equipment Technician l 1 l 3 2oy Mechanic Automotive Equipment Technician 1 l 13 a~twell Mechanic Automotive Equipment Technician 11 13 Matthew Network Administrator Network Administrator 18 l 7 D'Agostino Office Assistant I Office Assistant II 4 6 VACANT Office Assistant I 2)ffice Assistant II 4 6 Soodwin Office Assistant I ?olice Records Specialist I 4 7 Heiner 2)ffice Assistant II )ffice Assistant II 5 6 Forbes 3ffice Assistant II Office Assistant III 5 7 Shat'er Office Assistant II (Engineering) )ffice Assistant II 5 6 Dick Office Assistant Senior Accounting Assistant Senior 7 10 Honore Office Assistant Senior Office Assistant Senior 7 8 Randall Office Assistant Senior Office Assistant Senior 7 8 Martelle Office Assistant Senior Office Assistant Senior 7 8 3eahm Office Assistant Senior Office Assistant Senior 7 8 [-tampton Office Assistant Senior Office Assistant Senior 7 8 [~ushey Office Assistant Senior Office Assistant Senior 7 8 IKrause Office Assistant Senior Office Assistant Senior 7 8 [Shinkaruk Office Assistant Senior Office Assistant Senior 7 8 Horish Office Assistant Senior 2)ffice Assistant Senior Specialist 7 10 Henrv ~_ ffice Assistant Senior 3ffice Assistant Senior Specialist 7 l0 !Heavener [Office Assistant Senior 3ffice Assistant Senior Specialist 7 I0 TEAMSTERS BARGAINING UNIT Final Results of Classification/Compensation Study Williams Office Assistant Senior Police Records Specialist Il 7 9 grown Office Assistant Senior ~olice Records Specialist I[ 7 9 Kuhns Office Assistant Senior Police Records Specialist II 7 9 VACANT Office Assistant Senior ~olice Records Specialist II 7 9 Repine, Jr. Operator Water Operator 9 10 hmacher Operator Senior 3perator Senior Water 1 t 12 Voight III Operator Senior 3perator Senior Water 1 l 12 Danielson Operator, Lead Operator Lead Water 13 14 Vlunson Parks Laborer IPar~ Laborer 4 4 VACANT Payroll Specialist Payroll Specialist 10 10 Shafer Personal Computer Tech Personal Computer Tech 8 l 3 Buffington Personal Computer Tech Personal Computer Tech 8 l 3 Freed Planner ?tanner I 12 14 Keough Planner Planner I 12 14 iRalph Planner Planner I 12 14 VACANT Planner Senior Planner II 15 17 3oen Probation Officer Probation Officer 12 12 Westhoff Recreation Prog Coord II 3olf Operations Supervisor l 1 12 [qollenbeck Recreation Prog. Coord I Recreation Prog. Coord. [ 6 8 gtolp Recreation Prog. Coord II Recreation Prog. Coord. II [ 1 l 1 Evans Recreation Pros. Coord [I Recreation Prog. Coord. II 11 11 Engelgau ~ecreation Prog. Coord II Recreation Prog. Coord. III 1 l 12 Kelly ~ervice Specialist Parks Service Specialist 9 t0 Ferido Service Specialist Parks Service Specialist 9 10 B Thompson Service Specialist Sign Shop Service Specialist 9 11 [ovinelli Service Specialist Street Service Specialist 9 1 [ Watson Service Specialist Street Service Specialist 9 11 Westcott Service Specialist Street Service Specialist 9 1 l Brewer Service Specialist Street Service Specialist 9 11 M Thompson Service Specialist Street Service Specialist 9 l 1 Bishop Service Specialist Utilities Service Specialist 9 11 ~Mclntyre,~ Se~4ce Specialist Utilities Service Specialist 9 l l Vog~ltanz Service Specialist Utilities Meter Reader 9 I0 Klinefelter Service Specialist vlaintenance Coordinator I 9 13 ';pychala Se~,'ice Specialist ~tilities Service Specialist ] 9 TEAMSTERS BARGAINING UNIT Final Results of Classification/Compensation Study ll iStansber7 ~ervice Specialist Utilities Service Specialist 9 11 ~.mundson Service Specialist Utilities Service Specialist 9 1 t ginter gervice Specialist Utilities Service Specialist 9 I 1 ~odenhurst gervice Specialist Utilities Service Specialist 9 l 1 Lowe gervice Specialist Senior Forest~ Service Specialist Senior l 1 12 Moore Service Specialist Senior Forestr~ Service Specialist Senior 11 12 Zoleman Service Specialist Senior Parks Service Specialist Senior 11 12 Hamson Service Specialist Senior Parks Service Specialist Senior 11 12 [barra gervice Specialist Senior Parks Service Specialist Senior 1 l 12 Middleton Service Specialist Senior Parks Service Specialist Senior 11 12 Stodden Service Specialist Senior Parks Service Specialist Senior 11 12 [n[~ham Service Specialist Senior Si[rn Shop Service Specialist Senior 11 13 I Corey Service Specialist Senior ,treet Service Specialist Senior 11 13 D Smith Service Specialist Senior Itreet Service Specialist Senior 11 13 Devery Service Specialist Senior Street Service Specialist Senior 11 13 Carter Service Specialist Senior Utilities Customer Service Rep, 11 13 Murphy S Service Specialist Senior Utilities Service Specialist Senior I 1 13 Reed ~ervice Specialist Senior Utilities Service Specialist Senior 1 l 13 X4osher gervice Specialist Senior Utilities Service Specialist Senior 11 13 Belden Service Specialist Senior Utilities Service Specialist Senior 11 13 Beahm Service Specialist Senior Utilities Service Specialist Senior 11 13 Ader Service Specialist Senior ~Jtilities Service Specialist Senior 11 13 Minch Service Specialist Senior ~Jtilities Service Specialist Senior 11 13 Donleycott Service Specialist Supervisor Forestry Service Specialist Supervisor 15 18 Heistand Service Specialist Supervisor Si~n Shop Service Specialist Supervisor 15 17 Jacobsen ,Service Specialist Supervisor Utilities Service Specialist Supervisor 15 17 2orey S gervice Specialist Supervisor (Streets) Street Service Specialist Supervisor 15 17 ~ Corey Service Specialist Supervisor (Streets) Street Service Specialist Supervisor 15 17 Set'ton Service Specialist, Lead Utilities Service Specialist, Lead 13 15 Nelson Service Specialist, Lead ~Jtilities Service Specialist, Lead 13 15 Vamer Service Specialist, Lead ~ross Connection Control Specialist 13 13 Finne~an Utility Accounts Supervisor Utilit7 Accounts Supervisor 14 15 Ritzman Iutility Billin~ Specialist Utility Accounts Specialist 9 / 12 Hu~hes Warrant Server Warrant Server , 11I 12 TEAMSTERS BARGAINING UNIT Final Results of Classification/Compensation Study Smith Warrant Server Warrant Server 11 12 Ratliff Warrant Server Warrant Server 11 12 Messing Water Distribution Supervisor Lead Water Distribution Specialist 15 15 Zurbrugg Water Distribution Supervisor Water Distribution Supervisor 15 17 Kirchner Water Operations Supervisor Water Resources Operations Supervisor 15 17 Hantelman Water Operator Water Operator 9 10 Campbell Water Resources Assistant Water Resources Assistant 7 6 Murphy T WWTP CMMS Tech ¢/WTP CMMS Tech 14 15 Horton WWTP Lab Technician WWTP Lab Technician 10 13 Harer ~VWTP Maintenance Supervisor 9VWTP Maintenance Supv. 15 17 Bermea WWTP Maintenance Technician ~WTP Maintenance Technician 10 12 Alexander WWTP Maintenance Technician ¢/WTP Maintenance Technician 10 12 Dehart 9VWTP Maintenance Technician ~WTP Maintenance Technician 10 12 Bykonen NWTP Operations Supervisor ¢/'WTP Operations Supervisor 15 17 Watson ~'WTP Operator WWTP Operator I l t 14 Dosch VgWTP Operator WWTP Operator I l 1 14 Willman WWTP Operator WWTP Operator I I 1 14 3rede WWTP Operator WWTP Operator II 11 [ 5 X4cCarty WWTP Operator WWTP Operator II 11 l 5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: U.S. Department of Justice Local Law FOR AGENDA: October 10, 2001 Enforcement Block Grant ORIGINATING DEPT: Police ORIGINATOR: Tim Sholtis DATE SUBMITTED: October 2, 2001 2. CLEARANCES(~mment onback if necessary) 3. EXHIBITS: Electronic Award Treasure~ Chief of Police~,~y_._~ Budget & Fiscal Comm~ttee,,~ _..c~,~.,~ , Operations Committee ENDORSEMENT [] INFORMATION [--] APPROVEDcouNciL. ~Si~IDEN~.~'JEO~R SUBM~!TTAL BY MAYOR: '~~..) ~, ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The U.S. Department of Justice awarded the City of Bremerton $79, 502.00 through the LLEBG formula program. The City has a cash match of $8,834.00 over the grant period of October 1, 2000 to September 30, 2002. The funding is for police vehicle purchases. 5. RECOMMENDATION: Recommend that the City Council approve accepting this Local Law Enforcement Block Grant, and comply with the special conditions according to grant administration. 6. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: EXPIRATION DATE: 9/30/2002 REVIEW DATE: 7. NOTICE OF ACTION: PULLED [-~ TABLED ~] APPROVED [~ DISAPPROVED [] AMENDED [--] DATE: IOF 8. AGENDA SILL NO.: 01- 5¢ 9. IMPACT OF NON-PASSAGE: The City will not use the funds. 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The funds will be used to fund police vehicles. 11. RESEARCH SOURCES: NA  U.S. Department of Justice Office of Justice Programs ~ o~,, Bureau of Justice Assistance Office of the Director Washington, D.C. 20531 July 25, 2001 Ms. Herren Mayor, Bremerton City 239 4th Street Bremerton, WA 98337-1812 RE: Fiscal Year 2001 Local Law Enforcement Block Grants Program Dear Ms. Horton: I am pleased to inform you that I have approved the application for funding under the Bureau of Justice Assistance's (BJA) Fiscal Year 2001 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $79,502 for Bfemerton City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute.' Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's State and Local Assistance Division at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Bremerton City in furtherance of this important criminal justice program. Sincerely yours, Richard H. Ward, III Acting Director Attachments U.S. Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 July 25, 2001 Ms. Horton Mayor, Bremerton City 239 4th Street Bremerton, WA 98337-1812 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 5107, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: 1. In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. ~ 2. Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each 3. of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date of their award. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. i If you have already submitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within this grant period, or if you have certified that no EEOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable. Additional Instructions For Grantees Receiving Under $25,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for AH Grantees: 6. In addition, all recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP fimding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http ://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyst 2 The employment practices of certain Indian Tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. sec. 2000e.  U.S. DEPARTMENT OF .JUSTICE AWARD OFFICE OF JUSTICE PROGRAMS [] OJP [] BJA [] OJJDP [] GRANT PAGE1OF 5 CELECK APPROPRIATE BOX I. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2001-LB-BX~1361 Bremerton City 239 4th Street Bremerton, WA 98337-[812 ! 5. PROJECT PERIOD: FROM 10/01/2000 TO 09/30/2002 BUDGET PERIOD: FROM 10/01/2000 TO 09/30/2002 1 A, GRANTEE IRS/VENDOR NO. 916001231 6. AWARD DATE 07/25/2001 ] 7. ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER 1 ~ I [] Supplemental 2A. SUBGRANTEE iRSF~ENDOR NO. 9. PREVIOUS AWARD AMOUNT $0~00 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $79,502 FY 2001 Local Law Enforcement Block Grants l 1. TOTAL AWARD $79,502 12. SPECIAL CONDITIONS (Check, if applicable) ] THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 4 PAGES 13. STATUTORY AUTHORITY FOR GRANT ] TITLE 1 OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1.968. 42 U.S.C. 2,701, ET. SEQ., AS AMENDED TITLE 2 OF THE JUVENILE JUSTICE AND DELiNQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ., AS AMENDED ] VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. 10601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED ] OTHER (Specie): Fiscal Year 200 I, Departments of Commeme, Justice, and State, the Judiciary, and Related Agencies Appmpriatioas Act (Pub. L. No. 106-553) 14. FUTHRE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15~ METHOD OF PAYMENT GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT ~ YES [] NO THE AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GP-,~'qTEE OFFICIAL R/chard H. Ward, lIl Lynn Horton ActMg Director Mayor Bureau of Justice A~istance 17. SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED GRANTEE I9A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. L18MI4 FtSCAL FUND BUD. DIV~ L101U01361 YEAR CODE ACT. OFC. REG. SUB.POMS X B LI 80 00 00 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE ~0  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OmCE OF JUSTICE PROO~MS SHEET C~CK APPROP~TE BOX PROJECT NUMBER: 2001-LB-BX-t361 AWeD DATE 07~5/2001 SPEC~ CO~ITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-LB-BX-1361 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or pohcies oft. he U.S. Department of Justice." 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. 7. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, 104th Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as deschbed in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  u.s. DEP,~a~W, mNT On JUSTICE AWARD CONTINUATION O~F~CE On JUStiCE PROG~.~,'aS SHEET [] OJP [] BJA ~ OJ,DP ~ G~ PAGE 3 OF 5 .,s C~CK ~PROP~ATE BOX ~ PROJECT NU~ER: 200 [-LB-BXq 361 ~ AWeD DATE 07~5~001 SPEC~L CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in I execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle. 10. The recipient agrees to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. The recipient is required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial Status Report (SF-269A). 12. The recipient agrees to submit one final progress report via the Internet system at the end ofthe 24 month obligation and expenditure period. 13. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet system. 14. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. OJP FOR3Vl 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  U.S. DEPARTMENT OF JUSTICE AWARD CONTINUATION OmCE OF JUSTICE PRO~MS SHEET CHECK APPROPRIATE BOX PROJECT NUMBER: 2001-LB-BX-1361 AWARD DATE 07/25/2001 SPECIAL CONDITIONS CONTINUED 15. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of~hese grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use of a buildiag or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation ora new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ora funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the mcipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure per/od. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm 17. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition #2 and will be binding to the recipient. OJP FOP~M 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE  u.s. VE~TME~ OF ~UST~CE AWARD CONTINUATION OFF[CE OF JUSTICE PROGRAMS S H E ET C~CK APPROP~ATE BOX PROJE~ NUMBER: 200 [-LB-BX-[361 AWeD DATE 07/25/200] NPEC~ CO~DITION$ COnTInUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Intemet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) offends under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug Use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has certified it is not in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2001, Deparanents of Commerce, Justice, and State, the Judicial, and Related Agencies Appropriations Act (Pub. L. No. 106-553). Therefore, the recipient will receive not more than 90 percent of the eligible award mount (or, if less than the eligible amount was requested, of that amount). This provision makes no allowances for a unit of local government to come into compliance during the life of the grant; consequently BJA will not consider requests to adjust the adjusted award amount. 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OJP FORM 4000/2 (REV. 587) PREVIOUS ED1TIONS ARE OBSOLETE Page 1 of 1 Tim Sholtis - FY 2000 LLEBG RFD GAN Approved. From: <ojp@ojp.usdoj.gov> To: <TSHOLTIS@CI.BREM ERTON ,WA.US> Date: 7/17/2001 9:07 AM Subject: FY 2000 LLEBG RFD GAN Approved. Bureau of .lustice Assistance (IliA)has approved your FY 2000 LLEBG GAN. Please go to the Grant Changes Tab to view this GAN. (Please Note: if you respond to this email do not change the subject line, thank you) file://C:~)ocuments%20and%20Settings\sholtis~ocal% 20Settings\Temp\GW}00001.HTM 7/23/2001 AGENDA BILL BREMERTON CITY COUNCIL '!. SUBJECT: BUDGET ADJUSTMENT 2001 #16 FOR AGENDA OF: Oct. 10, 2001 ORIGINATING DEPT: Tre. asu~ Modifying the budgets of the City Council, Legal and ORIGINATOR: R_.~na Human Resources Departments of the General Fund. DATE SUBMITTED: Sept.'28, 2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Budget Adjustment Request No. 01-16 ENDORSEMENTS ,X INFORMATION ~ APPROVED BY COUNCIL PRESIDEN~FOR?.?~MITTAL: COUNCIL PRESIDENT ~...,~,~-"/,,.- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This adjustment will move appropriations within the General Fund to accommodate the changes associated with the use of outside counsel in lieu of staff attorneys. 8. RECOMMENDATION: Motion to approve Budget Adjustment Request 2001 #16 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: 12/31/2001 REVIEW DATE: N/A l 0. NOTICE OF ACTION COUNcILPULLED DIRECTIvE:TABLED APPROVED DISAPPROVED AMENDE1-0 0 11. AGENDA BILL NO: 0 l -- '-~''~--~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Expenditure authorizations will remain at current levels resulting in over expenditure in several areas of the City. : 6~ IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: As documented in the attached Budget Adjustment Request. 7. RESEARCH SOURCES: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: COUNCIL, LEGAL, Adjustment Number: 2001 # 16 HUMAN RESOURCES Approval Authority Required: I--ITreasurer [--IMayor [-- Fiscal & Budget ~-~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Increase: Reduce: Council- Personnel Costs 36,000 Legal- Personnel Costs 165,000 - Professional Services 2,000 Legal - Professional Services 100,000 Human Resources- Professional Servic( 27,000 165,000 NARRATIVE: This adjustment will move appropriations within the General Fund to accomodate the changes asociated with the use of outside counsel in lieu of staff attorneys. Department Head Signature Date Director Signature Date Treasurer Comments: ~ Recommended Treasurer's Si Mayor Comments: ['~ Recommended ~ Not Recommended ~] Approved ~ Denied M~yor's Signature Date ' Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date AGENDA BILL BRE/~ERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October /, 2001 ORIGINATING DEPT: Admin Srvs. Ordinance No.477 5e¢o ~[~ ORIGINATOR: Kathleen McCluskey Cascade Natural Gas Corporation ~ DATE SUBMITTED: Sept. 26,2001 One Year Franchise 2. CLEARANCES: (c~ent on back 3. EXHIBITS: ~',~1 ~qf ~ecessary) . ~r~.~rYecto~r~/,~~' ~f/ Ordznance ~o. ~Q~ E~DORSEMENT/~ INFORMATION APPROVED BY COUNCIL PRESIDE~-FOR SUBMITTAL: MAYOR , ~~ 7~. ~ COUNCIL PRESIDENT=~ C~-~' ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached ordinance grants a one-year franchise to Cascade Natural Gas Corporation. City staff recommends a one-year franchise to allow time to properly prepare to negotiate a new longer-term franchise. The many changes in the state and federal law regarding ROW use and the lighting and heating industry create some uncertainty regarding favorable franchise terms. 8. RECOMMENDATION: .~) MoLio~ ho approved Ordinance ~.-- first ===~=~ ..... ~antln9 =onc year _ B) Motion to pass Ordinance No.477~ on second reading granting a one-year franchise to Cascade Natural Gas Corporation. 9. RESPONSIBLE OFFICIAL: PW&U & Admin. ENFORCEMENT OFFICIAL: McCluskey_ EXPIRATION DATE:10/9/02 REVIEW DATE: N/A PULLED TABLED APPROVED DISAPPROVED AMiD COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: O[ -- ~! ~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Cascade would occupy the ROW without a franchise. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None. 7. RESEARCH SOURCES: oRDINANcE No. 7 6 AN ORDINANCE granting Cascade Natural Gas Corporation, a Washington corporation, its successors or assigns, the right and privilege to use and occupy the public streets, avenues, lanes, alleys, highways of the City of Bremerton, State of Washington, for the purpose of supplying, distributing and selling gas to the inhabitants of the City, and elsewhere; and the right and privilege of constructing, and thereafter maintaining a gas works, mains, service pipes and other necessary equipment in said City, for the distribution of gas for light, fuel, power, heat and other purposes. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Franchise Ordinance No. 4342 is hereby incorporated in its entirety by this reference, except that Section 10 thereof shall provide for effective dates of October 10, 2001 to October 9, 2002. Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of this Ordinance. Section 2. This Ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton on first reading this __ day of ,20 PASSED by the City Council of the City of Bremerton this __ day of ,20 Council President APPROVED this day of ., 20__ LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk HONORABLE MAYOR AND CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of : Cascade Natural Gas, a Washington : Franchise Ordinance No. corporation, for a franchise to: construct, operate and maintain : facilities in, upon, over under, : along, across and through the : franchise area of the City of : ACCEPTANCE Bremerton, Washington : WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by enacting Ordinance No. ., beating the date of October 10, 2001, and WHEREAS, a copy of said Ordinance granting said franchise was received by Cascade Natural Gas on October ,2001, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Cascade Natural Gas, a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Cascade Natural Gas has caused this written Acceptance to be executed in its name by the undersigned on this day of ., 2001. CASCADE NATURAL GAS By: Name & Title: ATTEST: By: Name & Title: Copy received for City of Bremerton on By: City Clerk AGENDA BILL BRF~4ERTON CIT~ COUNCIL 1. SUBJECT: FOR AGENDA OF: October ~, 2001 ORIGINATING DEPT: Admin Srvs. athme n -cc ¥ Jy Ordinance No. %777 O I I ATO : Teleco~unications Ordinance DATE SUBMITTED: Sept. 26,2001 2. CLEARANCES: (cogent on back 3. EXHIBITS: ~~ i f~ecessary) Attorney~~~ Ordinance ~O, ~77 PW&U Dir~%~ ~DORS~MBST~ I~O~TION ~P~ROVBD BY COUNCIB ~R~SID~NT MAYOR COUNCIL PRESIDENW ~ 4. SUNDRY STATEMENT ~ND REQUIREMENT FOR COUNCIL ~CTION: When the Kitsap Public Utility District (KPUD) announced thei~ plans to construct a fibe: teleco~unications system throughout the county, the cities in Kitsap County agreed to pass a co~on teleco~unications o~dinance to guide the use of public :ights of ways by Teleco~unications Systems. This comprehensive o~dinance details the pu~pose~ policy guidelines, definitions, Maste~ Permit ~equi:ements, general conditions fo= use of the public =ights of way~ taxes and fees, p=otection o~ the City and its ~esidents and enforcement and ~emedies. ~e believe that this o:dinance will send a positive signal to teleco~unication companies hoping to do business in Kitsap County that they will be able to rely upon some level o~ uniformity o~ :ules and :egulations between the varies cities. 8. RECOMMENDATION: ..,..otzon ~o approvcd Teleco~,unzcat~ons .... ~ - u~ . B)Motion to pass Telecommunications Ordinance No. 4777 on second reading. 9. RESPONSIBLE OFFICIAL: PW&U & Admin. E~FORCEMENT OFFICIAL: McCluskey EXPIRATION DATE:N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A/~E~ED~ COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: 01- ~[ 7 7.3 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Lack of countywide uniform requirements. Lack of detailed requirements for ROW use. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None 7. RESEARCH SOURCES: ¥¢ TELECOMMUNICATIONS ORDINANCE ~o, Z4 -7 -7'7 An Ordinance of the City Council of the City of Bremerton Regulating the occupancy and use of public rights of way by Telecommunications Systems, Private Communications System, Wireless Communications System and Resellers; prescribing minimum terms and conditions for and upon the construction, maintenance and repair of such systems Section 1. New Chapter. Chapter 11.01 is hereby added to the Bremerton Municipal Code to read as follows: Chapter 11.01 GENERAL TELECOMMUNICATIONS SYSTEMS REGULATIONS Sections 11.01.010 Purpose. 11.01.020 Policy guidelines. 11.01.030 Def'mitions. 11.01.040 Master Permit Required. 11.01.050 General Conditions Upon Use of Public Rights-of-Way. 11.01.060 Taxes and Fees. 11.01.070 Protection of the City and Residents. 11.01.080 Enforcement and Remedies. 11.01.010 Purpose. The purpose of this Title is to: A. Establish a local policy concerning telecommunications systems, and private communication systems for use of the Public Rights-of-Way; B. Establish a policy that promotes availability of high-quality and diverse telecommunications services to City residents, businesses, the City, and other public institutions; promotes the availability of diverse, multimedia information resources to the community; provides for the development of a communications infrastructure that provides opportunities for more open government, enhancing educational opportunities throughout the community, providing public access to the communications infrastructure, and building a stronger community; while ensuring that the City has the authority to act to protect the public, safety, and welfare in the face of a rapidly-changing industry that is placing increasing demand on public resources; C. Establish clear and nondiscriminatory local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of the use of Public Rights-of-Way by telecommunications operators, private communication operators, and Resellers, and their respective facilities and licenses; D. Promote competition in communications; E. Minimize unnecessary local regulation of providers and services; F. Encourage the provision of advanced and competitive telecommunications, on the widest possible basis to the businesses, institutions and residents of the City; Telecommunications Ordinance Page l of 23 G. Permit and manage reasonable access to the Public Rights-of-Way of the City for communications purposes on a competitively neutral basis, to the extent required by law; H. Conserve the limited physical capacity of the Public Rights-of-Way held in public trust by the City; I. Assure that the City's current and ongoing costs of granting and regulating private access to and use of the Public Rights-of-Way are fully paid by the persons seeking such access and causing such costs; J. Secure fair and reasonable compensation to the City and the residents of the City, in a non-discriminatory manner, for permitting private use of the Public Rights-of-Way; K. To encourage economic development while preserving aesthetic and other community values and preventing proliferation of above ground facilities; L. Assure that all persons providing telecommunications, services within the City comply with the ordinances, rules and regulations of the City; M. Ensure the ability of the City to obtain sufficient information from persons subject to its jurisdiction to enable effective decisions regarding their access to City rights-of-way and effective management of activity in the rights-of-way; N. Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare; O. Enable the City to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development; and P. Reserve to the City and provide for the fullest exercise possible of the authority and discretion of the City to require that: (1) facilities are installed and maintained within the public rights-of-way in such manner and at such points so as not to inconvenience the public use of the public rights-of-way or to adversely affect the public, safety and welfare; (2) all non-city users of the rights-of-way shall be required to reimburse and hold harmless the City for the actual costs incurred by the City by reason of the construction or presence in the public rights-of-way of the Facilities of such other users. 11.01.020 Policy guidelines. The administration of this Title shall be governed by the following telecommunications policy guidelines. A. The City of Bremerton supports efforts to establish an open, competitive marketplace for telecommunications services. The City promotes and encourages competition for voice, data, video, and video programming services that make the latest and best technology available and keep service prices affordable for all City residents and businesses. An integral component of this open marketplace is the consistent application of regulations to all telecommunications providers and the preservation of local authority over matters of local impact. B. The following policy guidelines express the commitment of the City to support telecommunications services and to manage its rights-of-way proactively while balancing the interests and needs of the community: 1. The City will manage access to the Public Rights-of-Way for telecommunications purposes in a non-discriminatory, competitively neutral and non-exclusive way to the extent required under applicable law and, to the extent allowed under applicable law, to receive fair compensation. The public interest will be protected by collecting associated fees, taxes, administrative costs, and construction costs for use of the rights-of-way. Telecommunications Ordinance Page 2 of 23 2. Telecommunications Master Permits will be managed to preserve the integrity of the City's infrastructure, ensure efficient use of City property and ensure compliance with City ordinances, rules and regulations. 3. In order to effectively manage and regulate the use of public rights-of-way by private entities in the best interests of the City and its citizens it is necessary for the City to reserve and exercise all legislative, administrative and discretionary authority it may have to the full extent allowed or not prohibited by law and nothing in this Title shall be construed to diminish or in any way to limit the discretionary, administrative or legislative authority of the City and its officials as respects the management and use of the City's public rights-of-way or in respect to the granting, delaying, or denying any Master Permit, ROW Permit or License. 11.01.030 Def'mitions A. "Administrator" means the Master Permit Administrator or designee. B. "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. C. "Application Fee" means the charge specified in Section 11.03.020 and designed to recover the City's actual costs in processing applications for Master Permits, Use Permits or Licenses, including applications for transfer thereof. D. "Cable Television Service' means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service. E. "City" means the City of Bremerton and all departments, divisions, and agencies thereof. F. "Communications facility' means a device which alone or as part of an aggregation of devices is capable of transmitting signals from place to place. G. "Communications system" refers to a telecommunications system. H. "Construction, operation or repair" and similar formulations of that term means the named actions interpreted broadly, encompassing, among other things, installation, extension, maintenance, replacement of components, relocation, undergrounding, grading, site preparation, adjusting, testing, make-ready and excavation. I. "Generally" For the purposes of this Title, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the furore tense; words in the plural number include the singular number; and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not defined in this Title shall be construed consistent with Title 47 of the United States Code, and, if not defined therein, their common and ordinary meaning. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered, then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereafter enacted or amended. J. "Grantee" refers to a Person holding a Master Permit. K. "Gross Revenues" means any and all revenue, of any kind, nature or form, as more particularly defined under Bremerton Municipal Code Chapter 5.02. Telecommunications O~dinance Page 3 of 23 77 L. "License" refers to the legal authorization, terminable at will to use a particular, discrete, and limited portion of the public rights-of-way to construct, operate, or repair a Commtmications Facility or a Private Communications System. The term License shall not mean or include. 1. any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; 2. any permit, agreement, or authorization required in connection with operations on public streets or property, including by way of example and not limitation, street cut permits; 3. any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the License including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City or a private entity; or 4. the right to place devices in the fight of way, such as pay telephones, for end user use in originating and terminating transmissions. M. "Master Permit" refers to the authorization granted by the City to an Operator of a Telecommunications System, under this Title giving the Operator the non-exclusive fight to occupy the space, or use facilities upon, across, beneath, or over any Public Right-of-Way in the City, to provide a specified service within a Master Permit area. Such Master Permit shall not include or be a substitute for: 1. any other permit or authorization required for the privilege of transacting and carrying on a business within the City required by the ordinances and laws of the City; 2. any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way of example and not limitation, street cut permits; 3. any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the Master Permit including, without limitation, permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the City, or a private entity; or 4. the fight to place devices in the right-or-way, such as pay telephones, for end user use in terminating or originating transmissions. By way of example, and without limiting the foregoing, this Title shall not be read to diminish or in any way affect the authority of the City to control the use of the City's real estate, fixtures or personal property. Therefore, any Person who desires to use such property must obtain additional approvals, or agreements for that purpose, as may be required by the City. N. "Master Permit Area" means the area of the City that a Grantee is authorized to serve by the terms of its Master Permit or by operation of law. O. "Operator" when used with reference to a system, refers to a Person (1) who provides service over a Communications System and directly or through one or more Affiliates owns a significant interest in such facility; or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a facility. A Person that operates under agreement a Telecommunications System or a specific portion of a Telecommunications System to provide Telecommunications Services shall be treated as an Operator for purposes of this Title. P. "Overhead Facilities" refers to communications facilities located above the surface of the ground, including the underground supports and foundations for such facilities. Q. "Person" includes any individual, corporation, partnership, association, Joint Stock Company, trust, or any other legal entity, but not the City. Telecommunications Ordinance Page 4 of 23 R. "Private Communications System" means a facility placed in whole or in part in the Public Rights-of-Way for the provision of communications in connection with a Person's business, but not encompassing in any respect the provision of Telecommunications Services. S. "Private Communications System Owner" means a Person that owns or leases a Private Communications System. T. "Public Rights-of-Way" mean land acquired or dedicated for public roads and streets which under the applicable ordinances and laws the City has authority to grant Master Permits, ROW permits or licenses for use thereof or has regulatory authority thereover and as may be more specifically defined in the Master Permit, ROW permit or license granting any fight to or use thereof but for purposes of this Title does not include (1) state highways, (2) land dedicated for roads, streets and highways no open and not improved for motor vehicle use by the public; (3) structures such as, but not limited to, poles and conduits located within the right-of-way; (4) parks and open space; and (5) publicly owned shorelines or harbor areas. U. "Reseller" refers to any Person who resells a Telecommunications Service, for which he makes a separate charge, provided over a Telecommunications System, where that Person does not own or lease the underlying Telecommunications System used for the transmission. V. "Telecommunications Service" means the transmission for hire of information in electronic or optical form, including, but not limited to, voice, video, or data, whether or not the transmission medium is owned by the provider itself. Telecommunications Service includes telephone service but does not include Cable Service or over-the-air broadcasts to the public-at- large from facilities licensed by the Federal Communications Commission or any successor thereto. W. "Telecommunications System" means a tangible facility that is used to provide one or more Telecommunications Services, any portion of which occupies Public Rights-of-Way. The term Telecommunications System by way of example, and not limitation, includes wires, equipment cabinets, guys, conduit, radio transmitting towers, poles, other supporting structures, and associated and appurtenant facilities used to transmit telecommunications signals. The term Telecommunications System includes all devices mounted on light poles in the Public Rights-of- Way through which Telecommunications Services are originated or terminated. X. "Title" when used in the context of referring to this Title of the Bremerton Municipal Code, shall mean Title 11 of the Bremerton Municipal Code and Chapters 11.01, 11.03, 11.05 and 11.06. Y. "Underground Facilities' refers to all utilities and communications and cable facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities. Z. "Use Permit" means the authorization in whatever form whereby a city or town may grant permission to a service provider to enter and use the specified right-of-way for the purpose of installing, maintaining, repairing, or removing identified facilities. AA. "Wireless Communication Services Facilities". Wireless communication facilities are those facilities that the City has authorized to be placed in the public rights-of-way and which are necessary for the provision of personal wireless services. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Federal law and regulations. 11.01.040 Master Permit required. Telecommunications Ordinance Page 5 of 23 A. Master Permit requirement. An Operator of a telecommunications facility must obtain a Master Permit prior to constructing a telecommunications facility or providing Telecommunications Services. The fact that a particular Master Permitted Communications Facility may be used for multiple purposes does not obviate the need to obtain a Master Permit for other purposes unless applicable federal or state law prohibits the City from requiting such additional Master Permit. No Master Permit shall become effective without the Grantee signing an acceptance of the Master Permit. B. Exceptions. Subject to the requirements of applicable law, a Master Permit requirement may be waived in whole or in part for a Telecommunications System where the City determines the use of the Public Rights-of-Way is de minimus (i.e. uses only a short distance of street or occupies only a small isolated area of a specific street). For such facilities, the City may issue a License. In addition, every Private Communications System Owner must obtain a License. Every License shall include or be read to include, as if stated there in, a reservation of tights by the City to require the Licensee to obtain a Master Permit if the City determines that the Licensees use of the public rights of way has increased substantially and is no longer de minimus use C. Additional Exceptions. The City does hereby request that any Operator now providing telecommunications service within the City over an existing telecommunication system within the public fights-of-way of the City without having a Master Permit from the City granting and allowing such use at the time this provision becomes effective apply for a Master Permit from the City for such use of the public tights-of-way. In the event such Operator fails to request a Master Permit within thirty (30) days from the effective date of this ordinance and such Operator submits evidence satisfactory to the City that it is involved in pending litigation wherein the Operator claims the Operator has an existing state-wide grant to occupy the public tight-of-way or the Operator otherwise submits a non-frivolous and documented claim that it has an existing state-wide grant to occupy public right-of-way, including streets in the City of Bremerton, then in such event the requirement for obtaining a Master Permit for the continued use of public right- of-way in Bremerton for existing wireline facilities will be suspended until there is a final judicial decision resolving the issue or the City by decision of its City Council determines that the best interests of the City will be served by terminating the suspension of the requirement to obtain a Master Permit. The suspension of any master Permit required hereunder shall not constitute a consent or permission by the City to occupy the public right-of-way by the Operator for any use, nor shall it be construed as a waiver of any right of the City to require the Operator to hereafter at any time to obtain a Master Permit or to remove any or all of its facilities in the public tight-of-way at any time upon its failure to obtain a Master Permit. In the event an Operator fails to obtain a Master Permit as herein requested and the Master Permit requirement is suspended as herein provided then the Operator shall be required to apply for a City ROW Permit prior to constructing or placing any wireline telecommunication facility in the public right-of-way. D. Nature of grant. Neither a master Permit nor a License shall convey title, equitable or legal, in the Public Rights-of-Way. The tight granted is only the right to occupy those portions of the Public Rights-of-Way to which the City has the right to grant access, for the purposes and for the period stated in the Master Permit or License, and, subject to the limitations in this section and elsewhere in this Title, the fight may not be subdivided or subleased. A Master Permit, ROW Permit or License shall not grant a vested right for any facility to be located or to remain at any specific location in the public fight-of-way and any tight, permission or consent to Telecommunications Ordinance Page 6 of 23 occupy any location in the public right-of-way shall be revocable and terminable at the discretion of the City and the facility therein removed at the cost of the Operator in order to allow free and unencumbered use of the public right-of-way for public work or other public purpose as may be in the best public or municipal interest as determined by the City. Every Master Permit shall be: 1. Deemed to include all of the provisions that are required to be in a Master Permit under this title, as if fully set forth in the Master Permit. 2. Deemed to provide for forfeiture under the circumstances set forth in the provisions of this Title and any Master Permit there under; and 3. Construed to exclude the grant of any rights in any easement granted for or in favor of any city or public utility facilities or operations, unless the Master Permit or License shall expressly state otherwise. No reference herein, or in any Master Permit, ROW Permit or License, to a public Right-of- Way shall be deemed to be a representation or guarantee by the City that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a Master Permit shall be deemed to grant no more than those rights which the City may have the undisputed right and power to give. 11.01.050 General conditions upon use of public rights-of-way. A. Responsibility for costs. Except as expressly provided otherwise, any act that a Communications System Operator, its contractors or subcontractors are required to perform under this Section 11.01.050 shall be performed at their cost. If a Communications System Operator fails to perform work that it is required to perform within the time provided for performance, the City may perform the work and bill the Communications System Operator therefore. The Communications System Operator shall pay the amounts billed within thirty (30) days. B. Construction Procedures and Placement of Facilities; Obligation to Minimize Interference With Use of Public Rights-of-Way. 1. The construction, operation, and repair of communications facilities are subject to the supervision of all of the authorities of the City that have jurisdiction in such matters and shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices affecting such system. By way of example, and not limitation, this includes zoning codes and safety codes and current City standards, including the most current version of the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the Washington State Chapter of American Public Works Association (APWA); the most current version of the APWA Amendments to Division One, and the most current version of the City of Bremerton Amendments thereto. In addition, the construction, operation, and repair shall be performed in a manner consistent with high industry standards. Persons engaged in the construction, operation, or repair or communications facilities shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property. 2. Construction, operation, or repair of a communications system shall not commence until all required permits have been properly filed for and obtained from the proper City officials and all required permits and associated fees paid. In any permit so issued, the City may impose as a condition of the granting of the permit such conditions and regulations as may be necessary Telecommunications Ordinance Page 7 of 23 to the management of the rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the Public Rights-of-Way, for the proper restoration of such Public Rights-of-Way and structures, and for the protection of the City and the public and the continuity of pedestrian and vehicular traffic. A Master Permit, License or ROW Permit or other applicable provision of the Bremerton Municipal Code may provide for the conditions under which certain emergency work may be undertaken prior to obtaining certain permits where such work is necessary to immediately remedy an emergency situation involving an imminent danger to health, safety or property or to temporarily restore communication system services which have been disrupted by storms, earthquakes, riots or other unexpected accidents or phenomenon. Provided, however that the communication system operator undertaking such emergency work shall be required (a) to give notice to the City of the commencement of the emergency work as quickly as practical, (b) to apply for the permits which would otherwise be required for such work by the next business day from the commencement of such work; and (c) to conform any work performed prior to the approval of the required permit and to carry out any other work in the area involved in accordance with the requirements of the permit. Sub- contractors are prohibited from liening public property or any facilities placed in the public fight- of-way. 3. Operators of communications systems must follow City-established requirements for placement of facilities in Public Rights-of-Way, including the specific location of facilities in the Public Rights-of-Way, and must in any event install facilities in a manner that minimizes interference with the use of the Public Rights-of-Way by others, including others that may be installing communications facilities. The City may require that facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular fight-of-way; may deny access if an Operator is not willing to comply with the City' s requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place, or manner of installation and charge the Operator of the facility for all the costs associated with removal; and may require a Person using the rights-of-way to cooperate with others to minimize adverse impacts on the fights-of-way through joint trenching, joint use of facilities and other arrangements. 4. Upon order of the Administrator, all work which does not comply with the permit, the approved plans or specifications for the work, or the requirements of this Title or other applicable law shall be removed. 5. Unless otherwise agreed or provided in a Master Permit, License or ROW permit a communication systems operator shall be required to reimburse and hold harmless the City for any cost or expense reasonably incurred by the City in the planning, construction, installing, altering, or implementing any public work as a result of the construction or the presence in the public fight-of-way of the facility of such communication system operator. 6. No new poles or extenders on poles to increase capacity shall be allowed in the public rights-of-way and all new overhead facilities of any nature are prohibited unless specifically allowed under this chapter or other applicable provisions of the Bremerton Municipal Code or applicable City policies, procedures and current standards. 7. The specific location within the right-of-way and the method of installing facilities underground or overhead will be subject to approval by the Public Works Director/City Engineer. Cutting of pavement in the public right-of-way shall be prohibited where the Public Works Director/City Engineer approves locating underground facilities in the unimproved Telecommunications Ordinance Page 8 of 23 portions of the right-of-way or in the sidewalk areas or requires alternative methods for undergrounding not requiring trenching or the cutting of pavement. 8. Cutting of pavement shall be prohibited in any event in a newly constructed or reconstructed street for a period of five (5) years from the paving of such street or in a street where a trench was previously available for a period of three (3) years from the date the trench was available. The City may require as a condition to the occupancy of the rights-of-way that communication facilities be located within existing underground ducts or conduits wherever the capacity exists. Provided, however, the Public Works Director/City Engineer may in his or her discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Public Works Director/City Engineer that (a) such pot- holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only reasonable alternative available to locate existing utilities and (c) such pot-holing will result in little or no visual or other detrimental impact to the street. 9. Any and all Public Rights-of-Way, public property, or private property that is disturbed or damaged during the construction, operation, repair or removal of a Communications Facility shall be promptly repaired by the Communications System Operator that disturbed or damaged the Public Rights-of-Way, public property or private property. Public property and public right-of-way must be restored to the satisfaction of the City and to a condition as good or better than before the disturbance or damage occurred. A communication system operator shall continue to maintain the restored street area, which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances, in a condition as good as or better than the condition of the adjacent undisturbed area of the street for the life of the street (to the extent such maintenance or restoration is required, (a) as a result of the restored street area being defective or otherwise inferior to the adjacent undisturbed area of the street or (b) as a result of the presence of the facilities of the communication system operator), until the restored area is repaved or reconstructed by a different party, except when such repaving or reconstruction is a result of enforcement action by the City for the lack of such maintenance activity; unless (a) the assessment of the Impact Assessment under this Title provides for an exemption; or (b) a Master Permit, License or Permit specifically exempts the communication system operator from such obligation. 10. No tree trimming shall be performed without the permission of the City and other affected authorities, and tree trimming must be performed in strict accordance with the City Code. 11. Within forty-eight (48) hours after notice from the City, a Communications System operator shall remove any graffiti on any part of its Communications System in the public rights- of-way (including by way of example and not limitation) equipment cabinets. If the operator fails to do so, the City may remove the graffiti and bill the operator for the cost thereof. C. Relocation and Abandonment of facilities. 1. A Communications System Operator shall, by a time specified by the City, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the City by reason of traffic conditions; public, safety; public right-of-way construction; public right- of-way repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of govemment-owned Communications System, public work, public facility or improvement, or any government-owned utility; public right-of-way vacation; or for any other Telecommunications Ordinance Page 9 of 23 purpose where the work involved would be aided by the removal or relocation of the Communications Facility. Collectively, such matters are referred to below as the "public work". (a) Except in the case of emergencies, the City shall provide written notice describing where the public work is to be performed as soon as practical but at least thirty (30) days prior to the deadline by which a Communications System Operator must protect, support, temporarily disconnect, relocate or remove its facilities. A Communications System Operator may seek an extension of the time to perform such tasks where they cannot be performed in thirty (30) days or by the completion time specified even with the exercise of its best efforts, and such request for an extension shall not be unreasonably refused. (b) In the event of an emergency, or where a Communications Facility creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the Communications Facility without prior notice, and charge the Communications System Operator for costs incurred. (c) If a Communication System Operator does not comply with the requirements of this Title and the applicable Master Permit, License or ROW Permit does not provide otherwise and if not prohibited by applicable law the City shall have the right to revoke any fight of a Communications System Operator to have its facilities remain at specific location in the public right-of-way at any time the City determines that the Facilities of such communications system operator must be removed fi.om their present location or from the street in order to facilitate a public work in the public right-of-way and upon such revocation of the Master Permit, License or ROW Permit of the Communications System Operator as to the affected designated facilities the Communications System Operator shall remove the same and restore the street at its cost. 2. If any Person that is authorized to place facilities in the rights-of-way requests another Communications System Operator receiving the request to protect, support, temporarily disconnect, remove, or relocate its facilities to accommodate the Construction, Operation, or Repair of the facilities of such other Person, the Communications System Operator shall, after thirty (30) days' advance written notice, take action to effect the necessary changes requested. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the Communications Facility that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the Person requesting the protection, support, temporary disconnection, removal, or relocation and at no charge to the City, even if the City makes the request for such action. 3. A Communications System Operator shall, on the request of any Person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the Person requesting the same. A Communications System Operator shall be given not less than seven (7) days' advance notice to arrange for such temporary wire changes. 4. Grantee may abandon and surrender its Master Permit to the City upon six (6) months written notice to the Administrator, with copies thereof served upon the Mayor and City Attorney. Abandonment shall be subject to acceptance by the City, by a resolution of acceptance adopted by the City Council. Upon abandonment, non-renewal, revocation or expiration of this Master Permit, and if no extension is granted, Grantee may, at the discretion of the Administrator, be required in part or entirely, to remove all its fiber, wire, poles, fixtures, and other facilities or equipment installed or used in the enjoyment of the Master Permit. Alternatively, the Administrator may direct, limit or condition Grantee's removal, sale or Telecommunications Ordinance Page 10 of 23 continued use or abandonment of Grantee's facilities and equipment, either by agreement or through means of any other lawful municipal power or right. The City may continue to invoke any provision of this Master Permit against Grantee or any successor entity enjoying de facto Master Permit privileges after revocation or expiration. The City may take all other actions deemed necessary and proper by the City to accommodate the transition to any successor as may be in the best interests of the City and its residents. D. Facility subject to inspection; operator must provide information. Every Communications Facility shall be subject to the right of periodic inspection by the City to determine compliance with the provisions of this Title, a Master Permit or License agreement, or other applicable law. The City shall have the fight, upon request, to be notified and present when the Communications System is inspected by the Operator to determine compliance with the provisions of this Title; a Master Permit, License or ROW Permit; or applicable law where the City has enforcement authority. Each Operator must respond to requests for information regarding its system and plans for the system as the City may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated, or repaired to the extent such plant is or will be in the public right-of-way or has been or will be provided under any Master Permit, License or ROW Permit granted by or requested from the City. E. Underground services alert. Each Operator of a Communications System that places facilities underground shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark the locations of its underground communications facilities upon request. The Operator shall locate its facilities for the City at no charge. Grantee promises to reasonably cooperate with City initiatives to coordinate underground fixture locations and installations. Grantee is familiar with Chapter 19.122 RCW, Washington State's "Underground Utilities" statute. Grantee certifies it understands local procedures, custom and practice relating to facilities locating, and will see to it that its contractors or others working in the right-of-way on Grantee's behalf are similarly well informed. F. Undergrounding of lines. The Grantee recognizes the City's right to preserve and control of the public right-of-way, particularly with respect to policies regarding the undergrounding of overhead lines for aesthetic reasons. Consistent with any general municipal undergrounding policy or program now or hereafter developed, the City reserves the right to require Grantee's participation in municipally imposed undergrounding or related requirements as may now or hereafter arise, as a condition of Grantee's new installation or major maintenance or restoration construction activities of overhead facilities under this franchise. Grantee agrees to coordinate its underground installation and planning activities with the City's underground plan and policies; provided, in no event shall any third party beneficiary fights be implied or created. Nothing in this section shall be permitted in conflict with RCW 35.99.060, and the provisions of this section shall be applied in conformity thereto. G. Plans for and publicizing work. 1. Work shall be publicized as the City may direct from time to time. The publication of work may be used to notify the public and operators of other communications systems, of the impending work, in order to minimize inconvenience and disruption to the public and to allow joint use by others. 2. Each Communications System owner shall provide the City a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which Telecommunications Ordinance Page 11 of 23 shall show its timetable for construction of each phase of the project, and the areas of the City that will be affected. 3. Grantee promises to supply and maintain updated, at no cost, any information requested by the Administrator to coordinate municipal functions with Grantee's activities and fulfill any municipal obligations under state law. Said information may include an installation inventory, location of existing or planned facilities, maps, plans, and as-built drawings of Grantee's installations within the City. Said information may be requested either in hard copy and/or electronic format compatible with the City's data base system, as now or hereafter existing. Grantee shall keep the Administrator informed of its long-range plans for coordination with the City's long-range plans. 4. Each Communications Facility Operator shall maintain accurate maps and improvements plans which show the location, size, and a general description of all facilities installed in the Public Rights-of-Way and any power supply sources (including voltages and connections). Maps shall be based upon post-construction inspection to verify location. The Operator of each Communications Facility shall provide a map (on 24" x 336" Mylar) to the City showing the location of its facilities, in such detail and scale as may be directed by the City Engineer. New system maps shall be promptly submitted to the City when the facility expands or is relocated. Copies of maps shall be provided on disk, in a commercially available electronic format specified by the City Engineer or in such altemate form as approved by the City Engineer. 5. The Administrator may from time to time, when the City receives application for a permit to use a particular route, or upon the Administrator's own initiative, designate by published order a route or proposed route for installation of Communications Facilities and may (1) require all persons who wish to place Underground Facilities along that route or any part thereof to install them during a specified period and (2) otherwise prohibit placement of such facilities along the route or any part thereof for thirty-six (36) months or for such other, longer period as is necessary to protect the public. 11.01.060 Taxes and Fees. A. No franchise fee shall be charged to the Grantee for its operation of telecommunications facilities in the right of way, whether as a lessor of the facilities to third parties or as a direct provider of telecommunications services. Nothing in this Master Permit shall limit the City's power of taxation, as may now or herea~er exist. B. Consistent with RCW 35.21.860 (1) (b), nothing in this Master Permit shall prohibit the City from charging a fee to recover the actual administrative expenses it incurs that are directly related to receiving and approving a Master Permit, License, and ROW Permit, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW. Upon request of Grantee, the City will submit proof of any charges or expenses incurred. For any project or time frame, Grantee can also request a written estimate from the Administrator, in advance of costs planned to be expended by the City, and Grantee may object to any costs as provided hereafter in the case of a challenged cost billed by the City. Except as otherwise provided, said fees must be paid within thirty (30) days of receipt of the City's billing. Grantee will pay all other taxes applicable to its operations or activities within the City of Bremerton, all such obligations also being a condition of this Master Permit. C. Grantee shall make any required payments in the form, intervals and manner requested by the City Administrator, and furnish him/her any information related to his/her revenue collection Telecommunications Ordinance Page 12 of 23 functions reasonably requested. In case of audit, the Administrator may require Grantee to fumish a verified statement of compliance with Grantee's obligations or in response to any questions, verified by an officer of the Grantee. All audits will take place on Grantee's premises or offices furnished by Grantee, which shall be a location within the City of Bremerton. Grantee agrees, upon request of the City Auditor, to provide copies of all documents filed with any federal, state, or local regulatory agency, to be mailed to the City Auditor on the same day as filed, postage prepaid, affecting any of Grantee's facilities or business operations in the State of Washington. 11.01.070 Protection of the City and residents. A. Indemnification. No Master Permit or other authorization to use the rights-of-way issued to a Communications System Operator or a Private Communications System Owner shall be valid or effective until and unless the City obtains an adequate indemnity from such Operator. Unless otherwise agreed, in writing, adequate indemnity must at least include the following: 1. Release the City from and against any and all liability and responsibility in or arising out of the construction, operation or maintenance of the Communications Facility in the public fight-of-way by the Communications Facility Operator. Each Communications Facility Operator must further agree not to sue or seek any money or damages from City in connection with the above-mentioned matters; 2. Indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the Communications System Operator, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the facility in the public rights-of-way. 3. Provide that the covenants and representations relating to the indemnification provision shall survive the term of any Master Permit or other authorization and continue in full force and effect as to the party's responsibility to indemnify. B. Insurance. No Master Permit or other authorization to use the rights-of-way issued to a Communications System Operator or a Private Communications System Owner shall be valid or effective until and unless the City obtains assurance that such Operator (and those acting on its behalf) have adequate insurance. Unless otherwise agreed, in writing, adequate insurance must at least meet the following requirements: 1. A Communications System Operator shall not commence construction or operation of the facility without obtaining all insurance required under this paragraph and approval of such insurance by the City, nor shall a Communications System Operator allow any contractor or subcontractor to commence work on its contract or sub-contract until all similar such insurance required of the same has been obtained and approved. The required insurance must be obtained and maintained for the entire period the Communications System Operator has facilities in the rights-of-way, and for a period thereafter as specified in the minimum coverages described below. If the Operator, its contractors, or subcontractors do not have the required insurance, the City may order such entities to stop operations until the insurance is obtained and approved. 2. Certificates of insurance, reflecting evidence of the required insurance and naming the City as an additional insured, shall be filed with the City's Risk Manager. For entities that Telecommunications Ordinance Page 13 of 23 are entering the market, the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of a lapse in coverage. For entities that have facilities in the rights-of-way as of the effective date of this Title, the certificate shall be filed within sixty (60) days of the effective date of this Title, annually thereafter, and as provided below in the event of a lapse in coverage, unless a pre-existing Master Permit provides for filing of certificates in a different manner. 3. These certificates shall contain a provision that coverages afforded under these policies will not be canceled until at lease thirty (30) days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of Washington. Financial Ratings must be no less than "A" in the latest edition 0f"Bests key Rating Guide", published by A.M. Best Guide. 4. In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the Master Permit or License, then in that event, the Communications System Operator shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage has been or will be obtained prior to any such lapse or termination during the balance of the period of the Master Permit or License under which the Communications System operates. 5. A Communications System owner or Operator, and its contractors or subcontractors engaged in work on the Operator's behalf in, on, under or over Public Rights-of-Way, shall maintain the following minimum insurance. The City shall be named as an additional insured on the general liability and automotive policies. (a) Comprehensive General Liability insurance to cover liability bodily injury and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: (i) Bodily Injury Each Occurrence $1,000,000 Annual Aggregate 3,000,000 (ii) Property Damage Each Occurrence $1,000,000 Annual Aggregate 3,000,000 (iii) Personal Injury Annual Aggregate $3,000,000 (iv) Completed Operations and Products Liability shall be maintained for two (2) years after the termination of the Master Permit or License (in the case of the Communications System owner or Operator) or completion of the work for the Communications System owner or Operator (in the case of a contractor or subcontractor). (v) Property Damage Liability Insurance shall include coverage for the following hazards: X - Explosion, C - Collapse, U - Underground. (b) Workers' Compensation insurance shall be maintained during the life of this contract to comply with statutory limits for all employees, and in the case any work is sublet, each Communications System Operator shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each Communications System Operator. Each Communications System Operator and its contractors and subcontractors shall maintain during Telecommunications Ordinance Page 14 of 23 the life of this policy employers liability insurance. The following minimum limits must be maintained: (i) Workers' Compensation Statutory (ii) Employer's Liability $ 500,000 per occurrence (c) Comprehensive Auto Liability (i) Bodily Injury Each Occurrence $1,000,000 Annual Aggregate 3,000,000 (ii) Property Damage Each Occurrence $1,000,000 Annual Aggregate 3,000,000 Coverage shall include owned, hired, and non-owned vehicles. 6. Each Communications System Operator shall hold the City, its agents, and employees, harmless on account of claims for damages to persons, property or premises arising out of its construction, operation or repair of its Communications System and name the City as an additional insured. 7. In every Master Permit or License agreement, the City shall reserve the right to require any other insurance coverage it deems necessary depending upon the exposures. C. Performance/payment bonds. Every Operator of a Communications Facility may be required to obtain performance bonds and, if necessary, payment bonds to ensure the faithful performance of its responsibilities under this Title and any Master Permit, ROW Permit or License, including a sufficient amount to cover removal of facilities and/or restoration of City facilities within right-of-way. The amount of the performance and payment bonds shall be set by the Administrator or may be set in a Master Permit in light of the nature of the work to be performed and is not in lieu of any additional bonds that may be required through the permitting process. The bond shall be in a form acceptable to the City Attorney. The City may from time to time increase or decrease the amount of the required performance bond to reflect changes in risks to the City and to the public. 11.01.080 Enforcement and remedies. A. Administrator responsible for administration. The Administrator is responsible for enforcing and administering this Title, and the Administrator is authorized to give any notice required by law or under any Master Permit, including by way of example and not limitation, a notice required under 47 U.S.C. § 546. The Administrator is also authorized to seek information from any Communications System Operator, and to take all other actions necessary or appropriate to the administration of this Title or any Master Permit. Master Permits may only be denied, issued or revoked by action of the City Council. B. Minimum contents of every Master Permit or License. In addition to satisfying the other applicable requirements of this Chapter, every Master Permit or License for a Communications System shall contain the following provisions: 1. The Master Permit or License shall provide that neither the granting of any Master Permit or License, or any provision thereof, shall constitute a waiver or bar to the exercise of any governmental right or power, police power, or regulatory power of the City as may exist at the time the Master Permit or License is issued or thereafter be obtained. Telecommunications Ordinance Page 15 of 23 2. The Master Permit or License shall only authorize occupancy of the right-of-way to provide the services and for the purposes described in the Master Permit or License. 3. A Master Permit or License shall be a privilege that is held in the public trust and personal to the original Grantee. The Master Permit or License shall ensure that no transfer of the master Permit or License may occur, directly or indirectly, without the prior consent of the City. 4. The Master Permit or License shall contain appropriate provisions for enforcement, and protection of the public, consistent with the other provisions of this Title. 5. The Master Permit or License shall be for a specified term, set forth in the Master Permit or License. No Master Permit issued under this Title shall be for a term of longer than ten (10) years, unless the Council determines that a longer period would be in the City's interest. No License issued under this Title shall be for a term of longer than five (5) years. C. Penalties. Any person found to have occupied or carded out activities in the public fights-of-way without first having obtained or having in effect a valid Master Permit, License, or ROW permit as required by this Title shall be guilty of a misdemeanor and shall be punished by a frae not exceeding $1,000 or by imprisonment not exceeding ninety (90) days or by both such fine and imprisonment. Each day that any such occupancy or activity shall continue in violation of this Title shall constitute a separate offense. D. Revocation, reduction of term, or forfeiture of Master Permit or License. 1. Licenses shall be revocable at will. 2. This Master Permit may be revoked for violation of any terms and conditions of the Master Permit or other city ordinances, resolutions or policy including but not limited to the following. (a). Construction or operation in the public rights-of-way of the City or upon City property in a manner in violation of this Master Permit; (b).Constmction or operation at an unauthorized location in the public rights-of way of the City or upon City property; (c.) Misrepresentation by or on behalf of Grantee in any material respect in any application or written statements or documents to the City upon which the City relies in making the decision to grant, review, or amend this Master Permit. (d).Abandonment of telecommunications facilities in the public ways or upon City property; (e).Failure to relocate or remove facilities as required by this Ordinance or Master Permit (f).Failure to pay taxes, compensation, fees, or costs when and as due the City under this Ordinance; (g).Insolvency or bankruptcy of Grantee; (h).Violation of any material provision of this Ordinance or Master Permit, which is not timely, cured upon notice to Grantee by the City. 3. In the event that the City believes that grounds exist for revocation of the Master Permit, Grantee shall be given written notice of the apparent violation or noncompliance, which notice shall provide the Grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence: Telecommunications Ordinance Page 16 of 23 a. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; b. That rebuts the alleged violation or noncompliance; or c. That it would be in the public interest to impose some penalty or sanction less than revocation. 4. In the event that Grantee fails to provide evidence reasonably satisfactory to the Administrator, the Administrator shall refer the apparent violation or non-compliance to the City Council or Hearings Examiner. The City Council or Heatings Examiner shall provide the Grantee with reasonable notice and a reasonable opportunity to be heard concerning the matter. 5. General administration of this Master Permit for the City is through the office of the Administrator. However, the Administrator may delegate his/her authority and responsibility to other agents of the City. All questions of application, interpretation, conflict or ambiguity arising out of or in connection with this Master Permit may be determined through communications with the Administrator, except where otherwise specifically stated. 6. Grantee may appeal any decision of the Administrator to the City Council or Hearings Examiner by filing a written notice of appeal within thirty (30) days of the date of issuance of the Administrator's decision, with copies also sent to the Mayor, Administrator and City Attorney. The notice of appeal must include a copy of the Administrator's decision and a complete record originally submitted to the Administrator by Grantee. The Administrator shall submit any additional response to the City Council or Hearings Examiner within ten (10 Day) of receipt of the notice of appeal. The City Council or Hearings Examiner shall schedule a hearing within a reasonable period of time but not to exceed sixty (60) days from filing of the Notice of Appeal and decide the question submitted. No opportunity to cure is allowed for fraud, which shall be deemed incurable. 7. Notwithstanding the foregoing, the City may declare a Master Permit forfeited without opportunity to cure or the notice required by Section 3 where the Grantee fails to begin to exercise its rights under the Master Permit within a period specified in the Master Permit. However, a Grantee shall have the right to receive thirty (30) days' prior notice of intent to declare a Master Permit forfeited, and shall have the oppommity to show cause why the Master Permit should not be forfeited. 8. Notwithstanding the foregoing, a Master Permit or License will automatically terminate by force of law one hundred twenty (120) calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the Grantee or Licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the Master Permit or License may be reinstated within that 120 day period, if: (1) such assignment, receivership or trusteeship has been vacated; or (2) such assignee, receiver or trustee has fully complied with the terms and conditions of this Title and the Master Permit or License and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this title and the Master Permit or License. However, in the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a Grantee or Licensee, the City may revoke the Master Permit or License, following a public hearing before the City Council, by serving notice upon the Grantee or Licensee and the successful bidder at the sale, in which event the Master Permit or License and all rights and privileges of the Master Permit or License will be revoked and will terminate thirty (30) calendar days after serving such notice, unless: (1) the City has approved the transfer of the Master Permit or License to the successful Telecommunications Ordinance Page 17 of 23 bidder; and (2) the successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the Master Permit or License and this Title. E. Sale, Lease, Assignment. 1. This Master Permit or License shall not be sold, leased, assigned, or otherwise alienated without the express consent of the City, and no rule of estoppel shall be invoked against the City in case the City shall assert the invalidity of any attempted transfer in violation of this section. The City agrees not to withhold consent where Grantee demonstrates that the requested assignment is in the nature of a change of name or a change in the nature of a reorganization or merger of or with an entity controlled by, controlling, or under the common control of the Grantee, there being no other change in the resulting entity's ability to meet its Master Permit or License obligations. 2. The City reserves the right to invoke any or all provisions of this Master Permit or License upon the Grantee's successors or assigns, judgment creditors, or distributes of facilities or property used in enjoyment of privileges conferred herein, whether or not stated elsewhere, all without waiver of the right to withhold consent not expressly given of any such transfer and/or require a new Master permit or License. 3. Grantee will not permit installations by others in the permitted areas, without written approval from the Administrator. Such approval shall not be in lieu of a Master Permit or License or other requirements of the City. Whether or not permitted, Grantee remains responsible for all third party users permitted or allowed by Grantee for compliance with this Master Permit or License. The intent of this provision is so third parties who might otherwise desire to use Grantee's facilities are also required to comply with City requirements regarding Master Permit or License, as may apply. F. Effect of termination or forfeiture. Upon termination or forfeiture of a License or Master Permit, whether by action of the City as provided above, or by passage of time, the Grantee or Licensee shall be obligated to cease using the Communications System for the purposes authorized by the Master Permit. The City may either take possession of some or all of the Licensee's or Grantee's facilities in the Public Rights-of-Way or require the Licensee or Grantee or its bonding company to remove some or all of the Licensee's or Grantee's facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its same, or better, condition. Should the Grantee or Licensee neglect, refuse, or fail to remove such facility, the City may remove the facility at the expense of the Grantee or Licensee. The obligation of the Licensee or Grantee to remove shall survive the termination of the Master Permit of License for a period of two (2) years; provided that, this provision does not permit the City to take possession of, or require the Grantee or Licensee to remove, any facilities that are used to provide another service for which the Grantee holds a valid Master Permit or License issued by the City. G. Remedies cumulative. All remedies under this Title and any Master Permit or License are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages or penalties relieve a Communications System Operator of its obligations to comply with its Master Permit or License. Remedies may be used singly or in combination; in addition, the City may exercise any rights it has at law or equity. Recovery by the City of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise, does not limit a Communications System Operator's duty to indemnify the City in any way; nor shall such recovery relieve a Communications System Operator of its obligations under a Master Permit, Telecommunications Ordinance Page 18 of 23 qg ROW Permit or License, limit the amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have. H. Compliance with laws. Each Grantee and Licensee shall comply with all applicable laws heretofore and hereafter adopted or established during the entire term of its Master Permit, Permit or License. I. Reservation of authority. The City may do ail things which are necessary and convenient in the exercise of its jurisdiction under this Title. J. No waiver. The failure of the City to insist on timely performance or compliance by any Person holding a License, ROW Permit or Master Permit shail not constitute a waiver of the City's right to later insist on timely performance or compliance by that Person or any other Person holding such a License, ROW Permit or Master Permit. K. Title not a contract. The City expressly reserves the right to amend this Title and any Master Permit, ROW Permit or License hereunder from time-to-time in the exercise of its lawful powers. The provisions of this Title shall not be construed to create to be a contract. L. No waiver. The failure of the City to enforce any provision of this Title on any occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this Title on any other occasion, nor shail the failure to enforce any prior ordinance, law or contractual provision affecting communications facilities or Communications System operators act as a waiver or estoppel against application of this Title or any other provision of applicable law. Section 2. New Chapter. Chapter 11.03 is hereby added to the Bremerton Municipal Code to read as follows: Chapter 11.03 SPECIAL RULES APPLICABLE TO TELECOMMUNICATIONS FACILITIES AND TELECOMMUNICATIONS SERVICE PROVIDERS Sections: 11.03.010 Application for a Master Permit. 11.03.020 Compensation. 11.03.010 Application for a Master Permit. A. Contents of application for initial or renewal Master Permit In order to obtain an initial or renewal Master Permit, an Operator of a telecommunications system must apply for a master Permit. The application must contain the following information, and such information as the City may from time to time require. 1. Identity of the applicant and corporate structure. 2. A proposal for construction of a telecommunications facility that includes at least the following: (a) a description of the services that are to be provided using the facility. (b) the location of proposed facility and facility design, including a description of the miles of plant to be installed, and a description of the size of equipment cabinets, shielding and Telecommunications Ordinance Page [9 of 23 electronics that will be installed along the plant route, the power sources that will be used and a description of the noise, exhaust and pollutants, if any, that will be generated by the operation of the same; provided, however, that, if some of the descriptive data is not available at the time of application, the Master Permit may be issued subject to conditions that the data be filed and approved by the City before construction begins and that the Master Permit will be deemed to be forfeited if the data is not supplied and approved; provided further, in the event that Sections 11.03.010.A.2.(b)-(c) require information that is a business or trade secret and/or proprietary information and the Operator wishes to protect the information against disclosure, then Operator shall provide said information to City in a separate envelope marked "Proprietary Information: DO NOT DISCLOSE". The City will exercise good faith efforts to protect the confidentiality of the business or trade secrets or proprietary information that is designated as such; provided further, that (1) in the event a public disclosure request is made for information marked as proprietary, and if the City Attorney determines that said information may be subject to being disclosed; or (2) the City determines that the information should be disclosed in connection with its enforcement of any provision of this Title, or in the exercise of its police or regulatory powers; then the City shall notify the Operator of the Operator's opportunity to seek a protective order from a court with appropriate jurisdiction. In the event that a protective order is not obtained within thirty (30) days or, if shorter, the time limitation set forth in State law, then City may disclose said information. The Operator is obligated to reimburse and indemnify City for all costs, damages and attomey fees that may be awarded or assessed by the court for any actions the City took at the request of Operator. (c) a map of the general route the facility will follow; a designation of the portions of the system that will be placed above ground and the portions that will be placed underground, and the construction techniques that the Operator proposes to use in installing the system above ground and underground; a schedule for construction of the facility describing when and where construction will begin, how it will proceed, and when it will be completed; and the expected effect on right-of-way usage, including information on the ability of the Public Rights-of-Way to accommodate the proposed system, including, as appropriate given the system proposed, an estimate of the availability of space in conduits and an estimate of the cost of any necessary rearrangement of existing facilities; provided, however, that any proprietary information required under this subparagraph as well as the preceding subparagraph shall be subject to the non- disclosure procedure prescribed in the proviso of the preceding subparagraph. (d) A description, where appropriate, of how services will be converted from existing facilities to new facilities, and what will be done with existing facilities. (e) Identification of the area of the City to be served by the proposed system, including a description of the proposed area's boundaries under the Master Permit. (f) An affidavit or declaration of the applicant or authorized officer thereof certifying the troth and accuracy of the information in the application, and certifying that the application meets ail requirements of applicable law. B. Applications for transfer. An application for a transfer of a Master Permit must contain the same information required by Section 11.03.010.A, except that, if the transferor submitted an application under Section 11.03.010.A, to the extent information provided by the transferor under Section 11.03.010.A.2 remains accurate, the transferee may simply cross-reference the earlier application. C. City review. The City may request such additional information as it finds necessary, and require such modifications to the system proposed as may be necessary in the exercise of the Telecommunications Ordinance Page 20 of 23 City's authority over the use of its public rights-of-way for telecommunications systems. Once the information required by the City has been provided, the application shall be subject to review by the City and any approval shall be subject to the City's determination that: 1. the applicant will accept the modifications required by the City to its proposed system. This section does not authorize the City to exercise authority it does not otherwise have under applicable law. 2. the applicant will accept a Master Permit satisfactory to the City and comply with any conditions precedent to its effectiveness. 3. in the case ora transfer, any approval will also be subject to a determination that: (a) there will be no adverse effect on the public interest, or the City's interest in the Master Permit; (b) transferee will agree to be bound by all the conditions of the Master Permit and to assume all the obligations of its predecessor; and (c) any outstanding compliance issues will be resolved or preserved to the satisfaction of the City. D. An applicant shall not be issued a Master Permit if it files or has previously filed materially inaccurate or misleading information in a Master Permit application or intentionally withheld information that the applicant lawfully is required to provide. 11.03.020 Compensation. A. Rights-of-way fee. Subject only to the exceptions set out in Section 11.01.040.C of this Title, every Operator of a telecommunications facility must compensate the City for its actual cost of administering this application and the rights-of-way. Section 3. New Chapter. Chapter 11.05 is hereby added to the Bremerton Municipal Code to read as follows: Chapter 11.05 PRIVATE COMMUNICATIONS FACILITIES Sections: 11.05.010 Application for License. 11.05.020 Conditions of License. 11.05.010 Application for License. A Person wishing to construct, install, place, operate, replace, reconstruct, or maintain a Private Communications System in a public right-or-way must obtain a License therefore. The License shall only authorize placement of the system in a specific portion of the Public Rights-of-Way for a limited and specific purpose in connection with the Person's business but not encompassing in whole or in part the carriage of telecommunications for hire in the Public Rights-of-Way, and for a limited period of time. Such application must be in the form provided for by regulation and must be accompanied by a filing fee, covering the cost of administration of this application. Telecommunications Ordinance Page 21 of 23 11.05.020 Conditions of License. Any License shall be subject to such conditions as the City may from time to time establish, shall be expressly subordinate to the use of the Public Rights- of-Way by operators of communications facilities, and shall otherwise conform to the requirements of this Title. Subject to the foregoing, the provisions of Chapter 11.01, Section 11.01.050 shall apply to a Private Communications System as if it were a Communications Facility. Section 4. New Chapter. Chapter 11.06 is hereby added to the Bremerton Municipal Code to read as follows: Chapter 11.06 MISCELLANEOUS Sections 11.06.010 Captions. 11.06.020 Calculation of time. 11.06.030 Severability. 11.06.010 Captions. The captions to sections throughout this Title are intended solely to facilitate reading and reference to the sections and provisions of this Title. Such captions shall not affect the meaning or interpretation of this Title. 11.06.020 Calculation of time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Title or any Master Permit or License, and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of duration time. 11.06.030 SeverabiHty. If any term, condition, or provision of this Title shall, to any extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in applicable law so that the provision which had been held invalid is no longer invalid, said provision shall thereupon remm to full force and effect without further action by the City and shall thereafter be binding on the Grantee and the City. If, as determined by the City upon appropriate legal advice, or applicable court decision, any term, condition or provision of this Title imposes a requirement which is prohibited by applicable federal or state law, or prohibits an action which must be allowed under applicable federal or state law, then any such term, condition or provision shall be construed to not impose the requirement which is prohibited by valid federal or state laws or not to prohibit the action which must be allowed under valid federal or state law. Section 5. Effective Date. This Ordinance shall be in full force and effect ten (10) days a~er posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State Law. Telecommunications Ordinance Page 22 of 23 APPROVED by the City Council on first reading this 3rd day of October, 2001. PASSED by the City Council of the City of Bremerton this 10th day of October, 2001. JOHN LAW, Council President APPROVED this __ day of _, 2001. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. McCLUSKEY, City Clerk Telecommunications Ordinance Page 23 of 23 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public hearing on an ordinance to create FOR AGENDA OF: October 10, 2001 an Administrative Hearing Examiner ORIGINATING DEPT: Planning and Buildin_g~ position. ORIGINATOR: Chris Hugo, Directc~r~ DATE SUBMITTED: October 3, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: City Attorney ~ ~ Draft Ordinance with Exhibits Admin Services Treasurer vF HR Manager Fiscal / Budget Operations ~ APPROVED FOR SUBMITTAL:/ MAYOR ~ ~,/-~/~-~/t_ COUNCILPRESIDENT~///~;,~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR C'DUNCIL ACTION: The proposed ordinance creates an Administrative Hearing Examiner position to achieve the following intents: (1) to separate the land use regulatory function from the land use planning process; (2) to ensure procedural due process and appearance of fairness in regulatory hearings and decisions; (3) to provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters; (4) to provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city, and (5) to provide a forum for conducting public heatings required by the Bremerton Municipal Code and handling appeals of administrative matters as assigned. This function can only be added to the City administrative structure by Council action to amend the Bremerton Municipal Code. 8. RECOMMENDATION: (A) Motion to approve the Administrative Hearings Examiner Ordinance on first reading. (B) Motion to pass Administrative Hearing Examiner Ordinance No. __ on second reading. 9. RESPONSIBLE OFFICIAL: Director of Planning and Building ENFORCEMENT OFFICIAL: Director of Planning and Building EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED_ TABLED_ APPROVED_ DISAPPROVED_ AMEND~i~ 4~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 01 _ ~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City's land use regulatory decisions will continue to be performed by the Planning and Building Director, Planning Commission, and City Council as specified in the BMC. The benefits of the hearing examiner system, as listed on the Summary Statement (4.), will not accrue to the City. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: This position will likely be a part-time, contracted employee. A budget adjustment to support the contract and support functions will be necessary. There are no facility or equipment impacts. 7. RESEARCH SOURCES ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, adding a new Chapter 2.13 Administrative Headng Examiner to the Bremerton Municipal Code regarding the creation of an Administrative Headng Examiner position and describing the duties with regards thereto, amending Bremerton Municipal Code Sections 2.12.080, 2.12.140, 17.04.070, 20.04.100, 21.02.450, 21.02.840(c), 21.02.845(d), 21.02.860(d), 21.02.880(b), 21.02.935(b)(c)(d), 21.02.945(c)(2), 21.02.945(d), 21.02, Appendix Figure 840, 21.02, Appendix Figure 895(a), 21.12.200(e) and 21.12.210(a)(1)(B), and repealing Bremerton Municipal Code Sections 17.04.080, 17.04.090, and 17.04.100 The City Council of Bremerton makes the following findings: Section 1. There is hereby created a new Chapter 2.13 Administrative Headng Examiner to the Bremerton Municipal Code which shall read as follows: 2.13.010 Position established. The position of Administrative Headng Examiner is hereby established. 2.13.020 Purpose. The intended purpose in creating an Administrative Headng Examiner position is to: (1) Separate the land use regulatory function from the land use planning process; (2) Ensure procedural due process and appearance of fairness in regulatory headngs and decisions; (3) Provide an efficient and effective land use regulatory system which integrates the public headng and decision-making processes for land use matters; (4) Provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city; and (5) Provide a forum for conducting public headngs required by the Bremerton Municipal Code and handling appeals of administrative matters as assigned. 2.13.030 Selection. The Administrative Headngs Examiner shall be appointed by the Mayor subject to confirmation by the City Council. If the Administrative Hearing Examiner is a city employee she shall be a part of the City's Civil Service system. The Administrative Hearing Examiner may be retained on a professional service contract for a Page 1 of 8 term and on conditions determined appropriate by the City Council. Said contract may also provide for Examiner(s) pro tern to serve in the absence of the Administrative Headng Examiner on such terms and conditions deemed appropriate by the Council. The Examiner(s) pro tem shall be selected by the Mayor subject to confirmation by the City Council. 2.13.040 Qualification and removal. Examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial headngs on regulatory enactments and to discharge the other functions conferred upon them. Examiners shall hold no other elective or appointive office or position with the City of Bremerton. An Examiner pro tern may be removed by the Mayor at will. However, the Administrative Headng Examiner may only be removed for just cause pursuant to Civil Service Regulations. Provided, further, if the Administrative Headng Examiner is retained on a professional services contract then he may only be terminated in accordance with the contract terms. 2.13.050 Improper influence, conflict of interest and appearance of faimess. No city official, elective or appointive, shall attempt to influence the Administrative Headng examiner in any matter officially before him so as to constitute misconduct of a public office under Chapter 42.20.RCW or a violation of the appearance of faimess doctrine. No member of the council shall participate in any proceedings on appeal from the Administrative Headng Examiner's decision if to do so will constitute a conflict of interest or violation of the appearance of faimess doctrine. The Administrative Headng Examiner shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the appearance of fairness doctrine. If such conflicts or violations cannot be avoided in a particular case, the examiner shall assign an examiner pro tern to act in his absence. 2.13.060 Organization, rules. The Administrative Hearings Examiner is empowered to adopt rules for the scheduling and conduct of headngs and other procedural matters related to the duties he is required to perform. The rules shall include any procedural rules for conducting hearings as set forth in the Code, and shall become effective upon the Hearings Examiner filing the original set of rules with the City Clerk. The rules shall provide for the process to be effective and efficient while assudng that the participants are afforded an opportunity to present their case without unnecessary emphasis upon formal procedure. The examiner shall have the authority to subpoena witnesses, and to Page 2 of 8 the extent necessary to assure a fair hearing and to afford each party the opportunity to present their case, may allow limited discovery if it is not unduly burdensome, will not unnecessarily delay the proceedings, and the information is not otherwise available. 2.13.070 Jurisdiction. (1) The Administrative Headng Examiner shall have jurisdiction over appeals of administrative decisions specified in Title 21 of the Bremerton Municipal Code, as amended, and such other matters that may be assigned to the Administrative Headng Examiner by the provisions of other city ordinances or by the direction of the city council. (2) Unless otherwise indicated, all other references in the Bremerton Municipal Code to a "hearing examineF' shall mean the municipal court headng examiner established pursuant to Chapter 2.62 of the Bremerton Municipal Code. (3) To conduct public headngs on all Local Improvement Districts, Road Improvement Districts and Utility Local Improvement Districts and make final decisions with regards thereto unless applicable law requires the final decision to be made by the City Council. In the case where the City Council is required to be the final decision-maker then the Examiner shall conduct the public hearing and forward the record to the City Council along with the Examiner's recommendations. (4) To issue special use permits and variances. (5) To conduct appellate headngs and render decisions interpreting the Zoning Ordinance when property owners dispute the Planning Department's interpretation of the zoning ordinance. (6) Where an appeal of a department director's decision is provided elsewhere in the Code then any other provision of the Code notwithstanding, the Administrative Hearing Examiner shall have jurisdiction to hear and decide the appeal. (7) To conduct the open record pre-decision public hearings required by Code section 21.02.850 and prepare findings and conclusions for the City Council's consideration with regard to the Type IV action. (8) To hear appeals of decisions made as authorized by the Uniform Codes set forth in Bremerton Municipal Code Chapter 17.04. Section 2. Bremerton Municipal Code Section 2.12.080 is amended to read as follows: 2.12.080 Powers and Duties. The Planning Commission may: (a) Review and recommend to the Council the adoption of coordinated comprehensive planning and land use objectives for the development of the City or particular areas of the City; Page 3 of 8 (b) Review and recommend to the Council the adoption of regulations and code amendments which implement the City's comprehensive planning objectives; (c) Review and recommend to the Council the adoption of short plat regulations and long subdivision regulations; C~ Pa~cipate in regional plannin~ a~ivities or se~e on a reoional plannino ~mmission; C~) Make roles and regulations for the ~ndu~ of its business. Sec~on 3. Breme,on ~uni~pal Code Se~ion 2,12.1~0 is amended to ~ad as follows: 2.12.1~ Ra~fion by Council - ~al. The plannino ~mmission may m~mmend to the Council the adoption of ~mp~hensive plans and ~gulations for the physi~l development of the Ci~. Su~ re~mmendations must ~ ratified by · e Coundl before ~e plan or regula~on be~mes effe~ive. ..~ ...... ~ ..................... Section4. BremeAon Municipal Code ~e~ion 20.~.100 is amended to read as follo~: 20.04.t00 Pr~edum ~al to Admin~e Healings Examiner. Any pe~on aggrieved by the decision of the plannin~ dire~or may ~que~ a ~view of that decision, by the .... ;-~;~- Adminis~five Hea~n~ ~aminer. ~uch r~uest must · h~ ~ ~; *~ -~o""t-~ ~;~ ~;=;~- on a fo~ to ~ p~vided by the Ci~ and deliver~ to ~e Plannin~ Depa~ent, wi~ ~e appli~ble appeal fee, wi~in five (5) wo~in~ days ~m ~e date of · e Plann n~ Dire~ods D~ision. Su~ appeal shall ~ hea~ by ~e ~.-."~""~;.. .... ...... = ;~;~ Hea~n~. ~aminer under ~e ~me p~dures established for hea~ngs of ~ndifional use pe~its., Sec~n 5. Breme~on Municip;I C~e Se~ion 17.~.070 is amended to ~ad as follo~: 17.~.070 Ap~a~ B~rds. ~ [ t~i~ :;.~ ~ ~.~ ,h~ U~i~ ~ ~. ~ Abatement Page 4 of 8 Appeals of ~e Unifo~ BuildinR C~e~ Unifo~ Plumbin~ Code, Unifo~ Fire Code, Unifo~ Code for ~e Abatement of Danqe~us Buildinqs and ~e BremeRon HousinR Code shall be heard Adminis~tive HeadnR ~aminerl ~ose decision shall be final. Sec~on 6. Bmme~on Municipal Code Se~ion 21.02.450 is amended to read as follows: 21.02.~0 Ap~al of Di~ctoCs ~ina~on. (a) Any pa~ of m~ may ap~al the dete~ination of the Dire~or ~at ~e Final PUD Plan, including any minor amendments, ;~ ar is not in ~ub:~an~l ~nfo~an~ ~ the Prelimina~ Plan ~at was approved by the Ci~ Coundl. Within fou~een (14) ~lendar days from the date of the Dim~oCs dete~ination, a w~en noti~ of appeal to the ~;~ ~;~;~ Adminis~ve HeadnR ~aminer may be filed. (b) m~ ~ppea~ "~" ~ *~e~,,]~ ~- ~ Cemm~ss~en ~gend~. The Cemm~c~on headnR examiner shall uphold or revere the Dire~oKs dete~ination. ~e decision of the P~nn~ng Cemm~on headnR examiner shall be final. (c) ~e Dire~oKs dete~ination of la~ of substantial ~nfo~an~, or sub~quent ~on by *~ ~'~--;-~ of that dete~ina~on by ~e headnR examiner shall ~uire ~e PUD appli~nt to bdng the Final Plan into subMantial ~nfo~an~ ~h the Prelimina~ Plan, or submit a new Prelimina~ Plan. Sec~on 7. BremeAon Municipal Code Se~ion 21.02.~0(c) is amend~ to mad as follows: (c) Ap~al: Ty~ I decisions may ~ appealed to the Commission AdminisVa~ve Heafinq ~aminer ~in fou~een (14) ~lendar days from the date of the decision. ~e headnR examiner ~11 ~ndu~ an open re~ ap~al heating. (See Figure ~0). Page 5 of 8 Section 8. Bremerton Municipal Code Section 21.02.845(d) is amended to read as follows: (d) Appeal: Type II decisions may be appealed to the r-;,,, Ccu,-,cil Administrative Headnq Examiner within fourteen (14) calendar days from the date of decision. The City Council headnR examiner will conduct an open record appeal headng. Section 9. Bremerton Municipal Code Section 21.02.860(d) is amended to read as follows: (d) Appeals: An appeal of the local shoreline permit decision may be filed with the ~-~,,,..,.: r....v.,,~,~ tint, Administrative Headnq Examiner first, with a second appeal to the Shoreline Headngs Board (SHB), or may be filed directly with the SHB. (1) Decisions on Substantial Development Permit~ ~./~,.; ....... ,,4 /'~,~r~,,4i+i,~nol I :c.~ D,~rt,~i*~-- may be appealed to the Cound!Administrative Headng Examiner within fourteen (14) days of the date of the decision, and considered in an open record appeal headng, or (2) Those decisions listed in (d)(1) above or City Council the Administrative Headn,q Examiner decisions on appeals of eadier decisions, may be appealed to the Shoreline Headngs Board by filing a Petition for Review within twenty-one (21) days of the date of the Department of Ecology's review and decision. (3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Headng Board per RCW 36.70A.250 through 320. (4) Appeals to the C!.t,, Cound~ headn.q examiner shall be decided within (30) thirty days of the filing date. Appeals to the Shoreline Headngs Board will be decided within 180 days. Section 10. Bremerton Municipal Code Section 21.02.880(b) is amended to read as follows: (b) Pre-decision and appeal open record public headngs shall be conducted by the City Council and Administrative Headn.q Examiner in accordance with itstheir rules for public hearings and appeals. Section 11 Bremerton Municipal Code Section 21.02.935(b) is amended to read as follows: (b) Appealable Decisions: (1) Type I administrative decisions may be appealed to the Planning CcmmissionAdministrative Headnq Examiner. (2) Type II administrative decisions ';bth nct!c, ee may be /"ih, t'N~, ,n,'-.il ' ' ' appealed to the ...,.j ....... Administrative Hearin,q Examiner. (3) Type III r"i~,,...,.j Ca'--'ncil decisions may be appealed to the Supedor Court. Page 6 of 8 I 0.~'~ (4) Type IV legislatweHeadng Examiner decisions may be appealed to the Superior Court. (5) Shoreline Substantial Development Permits~,/a,~P~s and Ccndi~ona~ Usc P~,,'m,,its may be appealed within fourteen (14) ........ Administrative Headn,q Examiner, or within days to the Cib' r. ..... a · · · twenty-one (21) days to the Shorelines Headngs Board. Section t2. Bremerton Municipal Code Section 21.02.935(c) is amended to read as follows: (c) Parties of Record: Only parties of record may initiate an appeal to the,~'~,,,';-'",.., ,, ,,, ,u Commlss!onHeadn,q Examiner (Types I and II)._ v,"' r-;,,,v..., r,vv_. ..... .-.:' ~:-'P~ .v. ''~ Parties of record shall include: t (1) The applicant. (2) Anyone who participated in a public meeting on the application. (3) Anyone who submiffed wdtten comments conceming the application (excluding persons who have only signed petitions or mechanically produced form letters). Section 13. Bremerton Municipal Code Section 21.02.935(d) is amended to read as follows: (d) Time to File: An appeal to the c)~,,,,i,,,, r-,,,.,,,,~,o~,.,,, Co',:'n"J! Administrative Heafin.q Examiner or Superior Court must be filed within (14) days following issuance of the written decision. Other requirements apply to appeals to the Shorelines Heatings Board. All local appeals may be delivered to the Department of Community Development (DCD) by mail, personal delivery, or by FAX before 5:00 PM on the last business day of the appeal pedod. (see: Computation of Time, section (f) below). Section 14. Bremerton Municipal Code Section 21.02.945(c)(2) is amended to read as follows: (2) An order shall be obeyed immediately, notwithstanding the filing of an appeal. An order ;o finc~ if ncr ..... "'"' +"' ~h" P~ann!ng r,,,,,,,~i,,.;v. ,,., .... ~,h:,,.... ~'",~_."+""".~., (1~.~ c3~cnd3r Section 15. Bremerton Municipal Code Sections 21.02.945(d) is amended to read as follows: (d) Revocation: (1) A revocation action may be initiated by the Director of Community Development~ or ~e P!-.".".,",~-3 C~mm!ssio.-, :flor a ,~,., .~ ...... ~-.-,--,'*".~ .,o"'~,_ by .,._,,.'"'oa Provided, final action shall not be taken by Page 7 of 8 the Director of Community Development until after a public hearing is held. (2) The o,~.,,.:.,,. C.,,.,,,,~:oo:,.,,. Administrative Headng ~xaminer may revoke a variance, administrative vadance, special use permit or administrative special use permit. 'r~,,,. l '[ ~i['Vl[~ ~V~l ..... '~''i' ill l'h~,, ',h,~ r,r~r,e~r~, ic. I~z~irs,~ , ,~e,,-I ,~r~r~r,, {,~ *he, ,~z~,-rno Section 16. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is hereby amended as set forth in Exhibit A attached hereto and by reference incorporated herein. Section 17. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a) is hereby amended as set forth in Exhibit B attached hereto and by reference incorporated herein. Section 18. Bremerton Municipal Code Section 21.12.200(e) is amended to read as follows: not requiring a final derision ~_y the,,._.,,'-,,,,~,,-,......~ ~mmlsslen/cCity_ ~C_oundl i~ that are conditioned or denied on the basis of SEPA by a nonelected official, O:~e~e~-~ie~-shall be appealable to the commlsslcr. Administrative Headng Examiner. Such appeal may be perfected by the ........ + '~""'~ .... ": pa.?./appellant by giving notice to the responsible official within ten (10) days of the decision being appealed, o,~,,i .... ~,,, +~,,, ,,,,~,,,,~ ...... ~c~.:,,,, o~,m~ ~,,~ ,,,, a de~eve-L~a~s= The headnq before the Headnq Examiner shall be an open record appeal. However the decision of the SEPA Official shall be presumed correct. Section 19. Bremerton Municipal Code Section 21.12.210(a)(1)(B) is amended to read as follows: (B) A DS: The appeal must be made to the ~ ccmm!ss!on/clty c. cuncil Administrative Headng Examiner within ten (10) days of the date the DS is issued. Section 20. Bremerton Municipal Code Sections 17.04.080, 17.04.090 and 17.04.100 are hereby repealed. Page 8 of 8 I 0'7 Section 21. The provisions of this Ordinance shall apply to all applications for which a required hearing has not yet been held as of this Ordinance's effective date. Section 22. This Ordinance shall be in full force and effect ten (10) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. Section 23. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 24. The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. 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 City Council President APPROVED this ~ day of ,2001. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY City Clerk Published: ,2001 Effective Date: ,2001 Page 9 of 8 EXHIBIT A Figure 840 PERMIT PROCESSING SUMMARY - Hearing Hearing City Council DECISIONS Administrative Examiner Open Examiner Closed Record Decision Hearing and Pre-Decision Decision Decision Open Hearing Type I Decisions (without notice) * * (on appeal) Type II Decisions (notice required) · Short Subdivision * * (on appeal) · Admin. Special Use Permit * * (on appeal) · Minor Plat Amendment * * (on appeal) · Wetland assessment / permit * * (on appeal) · SEPA Determination * * (on appeal) · Env. Area Determination * * (on appeal) · Design Review * * (on appeal) · Interpretation of code * * (on appeal) Type III Decisions · Final Subdivision Plat * · Variance * · Zoning Special Exception * · Non-admin. Special Use * Permit Type IV Decisions · Rezone . . · Development Agreement . . · Prelim. Subdivision Plat . . · Binding Site Plan . . · Vacation of Subdivision * . · Planned Unit Development * . · PUD Major Amendment * * Shoreline Decisions · Substantial Dev. Permit * * (on appeal) · Conditional Use Permit . · Variance . · Permit Revision * * (on appeal) Title 21 Appendix 'NOTICE REQUIREMENTS Determination Notice of DECISIONS of Notice of Pre-decision Notice of Notice of Notice of .-I Completeness Application Public Hearing Decision Appeal Final Decision Type I Decisions No None No No Yes If appealed appeals to Type II Decisions Hearing Examiner Ill © Short Subdivision Yes Yes No Yes Yes If appealed --I © Variance Yes Yes No Yes Yes If appealed I'll e-- © Admin. SUP Yes Yes No Yes Yes If appealed -iZ ~ © Z.O. Spec. Exception Yes Yes No Yes Yes If appealed -" © Minor Plat Amend. Yes Yes No Yes Yes If appealed ..... -o Yes No No Some cases Yes If appealed I1'1 a) © SEPA Determination ~_~ --, No No No Yes Yes If appealed ~ © Env. Area Determin. -. Yes Yes No Yes Yes If appealed 133 .x. © Design Review No No No Yes Yes If appealed -- -o © Interpretation -I e Type III Decisions appeals to .~ court © Prelim. Subdiv. Plat Yes Yes Yes No No Yes © Final Subdiv. Plat Yes Yes Yes No No Yes © Vacation of Subdiv. Yes Yes Yes No No Yes © Planned Unit Dev. Yes Yes Yes No No Yes © PUD Major Amend. Yes Yes Yes No No Yes © Binding Site Plan Yes Yes Yes No No Yes © Non-admin. SUP Yes Yes Yes No No Yes Yes Yes Yes No No Yes © Rezone Yes No Yes No No Yes © Develop. Agreement Determination ACTIONS of Notice of Notice of Notice of Notice of Notice of Z Completeness Application Public Hearing Decision Appeal Final Decision Type IV Decisions appeals to court ITl © Annexation No No Yes No No Yes -I © Urban Renewal Plan No No Yes No No Yes Ill ~ © Dist./Neigh. Plan No No Yes No No Yes C:: o) No No Yes No No Yes ,- to © Comp. Plan Amend. --' © Dev. Reg. Adopt. No No Yes No No Yes 131 3> No No Yes No No Yes .o © Dev. Reg. Amend. -o m (~ Z ~' Shoreline Decisions __._. ~ © Sub. Dev. Permit Yes Yes No Yes Yes If appealed ~ · © Cond. Use Permit Yes Yes Yes Yes Yes If appealed -~ © Variance Yes Yes Yes Yes Yes If appealed © Permit Revision Yes Yes No Yes Yes If appealed © Master Program Yes Yes Yes Yes No* Yes Amendment * Appeals of Master Program decisions are heard by the Central Puget Sound Growth Management Hearings Board. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: October l0t 2001 Resolution # ~'3'~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of garbage and debris on the property ORIGINATOR: Al Duke located at 241 S. Cambrian Avenue. DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: Fire Chief: L ~'~, 1. Resolution # mC~CAletr~.~· '~- [ ~ , 2. Clerk Report Interi 'ty tY. ~ ~/~fT~--~_~~ -- 3. Photos I O ION_ A PROWO BY COt CgL S XTnL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On August 21, 2001, Public Works removed garbage and debris from the property located at 241 S. Cambrian Avenue~.after the owner, Gary Atnip, failed to do so as ordered. The legal requirements for notice were met. The cost of this action, including the administrative fee, totaled $1,021.66. Council must now decide if the fees are just and reasonable, and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # )~ ~ '7., order that the fees in the amount of $1,021.66 incurred for the abatement of garbage and debris located at 241 S. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: A! Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED ~ TABLED ~ APPROVED DISAPPROVED AMENDIII~ d~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The CiW would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES' The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 241 S. Cambrian Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 241 S. Cambrian Avenue; and WHEREAS, the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 241 S. Cambrian Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,021.66 for the property located at 241 S. Cambrian Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 September 18, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, Fire Department Re: 241 S. Cambrian Public Works removed garbage and debris uncovered during a weed abatemem action on the property located at 241 S. Cambrian Avenue. The cost of the action, per the attached interfund transfer and including the administrative fee, totaled $1,021.66. I have scheduled a public hearing for October 10, 2001 for Council to decide if the fees are reasonable and how they should be collected. CITY OF BREMERTON · INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 09/05/2001 TRANSFER# 1 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE.~ Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: August 2001 BLAB LABOR $1,022.52 EQUIPMENT $232.00 MATERIALS $178.95 SALES TAX $0.00 TOTAL $1,433.47 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 '41,433.47" ,E~M-. [~0bc~-~l[~'- ~ l0 '7. O0 ' (Si. Here) ~ ..~'.~~ (Sign;::~~ REVENUE DEP~RTM~NT SUPERV~R ERVISOR W. ork Order History 09/05/2001 01.'36: ! 6 PM CITY OF BREMERTON PWO~STREET DIVISION Work Order #: SD510064 Title: Clean up debris at 241 S. Cambrian. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 08/20/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 09/05/2001 10:38:24 AM Lead Employee: 0524 Colen Corey Date Targeted: 10/05/2001 Priority: 1 Date Assigned:08/20/2001 Location ID: 1 Unspecified Location Date Started:08/21/1901 History #: 1 Unspecified Equipment Date Finished: 08/21/1901 Work Description 08/2112001 N4O1428O Clean up debris at 241 S. Cambrian. 512036 NO BLAB 0909 Brian Brewer 2.00 hr $66.00 0053 Terry Devery 2.50 hr $82.50 3077 '95 3/4T FORD P/U 2.50 hr $20.00 0583 Mark A. Thompson 2.00 hr $66.00 3091 1987 Int'l 12 yard Dump Truck 2.00 hr $68.00 2190 Trevor Lunceford 2.50 hr $24.63 2087 Andrew Randolph 2.50 hr $24.63 DUMPIN Dump Fees - Oly.View Sanitary Landfill 5.00 yd $51.90 11.50 hr 0.00 hr $403.66 SUMMARY FOR WORKORDER: SD510064 Labor: $263.76 Total Regular Labor Hours: 11.50 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $88.00 Total Labor Hours: 11.50 Materials: $51.90 Sales Tax: $0.00 Total Regular Equipment Hours: 4.50 Total Overtime Equipment Hours: 0.00 Total: $403.66 Total Equipment Hours: 4.50 II q SD510064 Parle 1 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: October 10~ 2001 Resolution # ,~ ~ .3 ~3 , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. resecuring the residence on the property located at ORIGINATOR: Al Duke 2133 - 11th Street. DATE SUBMITTED: 2. CLEARANCES: (Commeltt on back if 3. EXHIBITS: Fire Chief: ( ~ ~.~.----~Z~ 1. Resolution # ~-~3 ~ City Cleri~-~ ~ ~ Interim City nttyX"-,,,' .~ ',~_~~''---~ 3.2' PhotosClerk Report 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In November of 2000, the City of Bremerton ordered the abatement and vacation of the structure located at 2133 11th Street after a broken sewer line inside the house made it unsafe and uninhabitable. The occupants were vacated by the Bremerton Police Department and the doors and windows were boarded up by Public Works to prevent entry. On August 21, 2001, the City was forced to return to this address after neighbors reported that vagrants had removed the boards at the rear of the building to access the house. The cost of this action by Public Works totaled $173.05. Council must now decide if the fees are just and reasonable, and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # o~ ~ , order that the fees in the amount of $173.05 incurred for securing the building located at 2133 - 11th Street be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ AMENDS2 COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A A RESOLUTION reviewing charges for securing the building on the property at 2133 - 11th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the building on the property located at 2133 - 11th Street; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgmem against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2133 - 11th Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $173.05 for the property located at 2133 - 11th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 · FAX (360) 478-7257 September 18, 2001 Memo To: Paula Johnston, Deputy City Clerk From'- Janet Lunceford, Fire Department Re: 2133 - 11 ~ Street Public Works resecured the house located at 2133 - 11th Street on August 21, 2001. The cost of the project, per the attached interfund transfer, totaled $173.05. No administrative fee will be charged because this is a continuation of the previous abatement action and the administrative fee was charged at the previous public hearing. I have scheduled a public hearing for October 10, 2001 for Council to decide if these fees are reasonable and how they should be collected. CITY OF BREMERTON · INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 09/05/2001 TRANSFER# COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fire Department (Fund 108) TO PWO-STREET DIVISION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITUKE DEP.A:RTMENT DESCRIPTION TOTAL Charges per attached summaw for: August 2001 BLAB LABOR $1,022.52 EQUIPMENT $232.00 MATERIALS $178.95 SALES TAX $0.00 TOTAL $1,433.47 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.;9oo ~ ,..q,o, q--, [,, 0 ~,q,- esr I ~ ~t -- ~ t 0 '7.0 0 ooo7~ REVENUE o~p~RTMENT SUP~RV~R ERVISOR Work Order History 0.9/0.5/200! O1:36:16 PM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD510062 Title: Board up 2133-11th again. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 08/20/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated:09/05/2001 10:38:24 AM Lead Employee: 0000 None Null Employee Number Date Targeted: 10/05/2001 Priority: 1 Date Assigned:08/20/2001 Location ID: 1 Unspecified Location Date Started: 08/21/1901 History #: 1 Unspecified Equipment Date Finished:08/21/1901 Work Description Board up garage door and window above driveway. This is the sewage place. 08/21/2001 N4014280 Board up 2133-1 lth again. 512034 No BLAB 0909 Brian Brewer 2.00 hr $66.00 0053 Terry Devery 2.00 hr $66.00 3077 '95 3/4T FORD P/U 2.00 hr $16.00 osb OSB 7/16" 4x8 Graded 3.00 ea $25.05 4.00 hr 0.00 hr $173.05 SUMMARY FOR WORKORDER: SD510062 Labor: $132.00 Total Regular Labor Hours: 4.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $16.00 Total Labor Hours: 4.00 Materials: $25.05 Total Regular Equipment Hours: 2.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $173.05 Total Equipment Hours: 2.00 SD510062 Page1 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Budget Adjustment and FOR AGENDA OF: Oct. 10, 2001 ~-..:50(~-ir-D/3,1~2,~ 3~ Inter-Fund Loan ORIGINATING DEPT: Mayor For financing the costs of acquiring the East Park property ORIGINATOR: L. Horton from the Navy. DATE SUBMITTED: Oct. 2, 2001 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Fiscal & Budget Committee ~.~:~~ Budget Adjustment 2001 #17 Operations Committee ~ /'~~--~/ Draft Resolution ~-.~ ~ <~ Letter from Navy ENDORSEMENTS/)(' INFORMATION APPROVED BY COUNCIL PRES!~D~R SUBM4TTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTIC~N: ~ ' The City is in the process of acquiring the East Park property from the Federal government. While the government is offedng to convey the property free of charge, the City will be obligated to pay for an environmental assessment of the property and other closing costs. These costs are not expected to exceed $100,000. It is anticipated that the City's costs will be recovered when portions of the property not needed for municpal purposes are sold for pdvate development. However the timing of such sale cannot be predicted at this point. 8. RECOMMENDATION: 1. Motion to approve Budget Adjustment Request No. 2001 #17. 2. Motion to approve Resolution No.~,~/authorizing and interfund loan. 9. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: 12/31/2006 REVIEW DATE: N/A 10. NOTICE OF ACTION COUNCIL DIRECTIVE: 11. AGENDA BILL NO: O I - ;~ 3 I 2. CLEARANCE COMMENTS: $. IMPACT ON NON-PASSAGE: The City will lack the expenditure authority necessary to complete the needed closing activities and will likely forfeit the East Park property. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES- This will increase expenditures in the current year by an amount not in excess of $100,000 using money borrowed from the Equipment Rental Reserve. The money will be repaid upon sale of some portion of the acquired property. 7. RESEARCH SOURCES: City Staff. A RESOLUTION authorizing an Interfund Loan to the General Fund from the Equipment Rental Reserve Fund. WHEREAS, the General Fund has an immediate need for cash with which to provide the financing for costs associated with acquisition of the East Park property from the Federal Government; and WHEREAS, the size and nature of this transaction does not lend itself to an external fmancing; and WHEREAS, surplus cash in an amount sufficient to meet the needs of this project is presently on hand in the Equipment Rental Reserve Fund; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund to the General Fund in an amount not to exceed $100,000. This loan shall bear interest at the rate of 5.5% per annum and shall be repaid in its entirety not later than December 31, 2006. ADOPTED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW, Council President CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: GENERAL MISCELLANEOUS Adjustment Number: 2001 # 17 EQUIPMENT RENTAL RESERVE Approval Authority Required: I r--]Treasurer ]--]Mayor ~-- Fiscal & Budget ~-]Council I SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental Reserve: Decrease Ending Cash 100,000 Inter Fund Loan Disbursed 100,000 General Miscellaneous: Inter Fund Loan Received 100,000 Capital - East Park Land Acquisition 100,000 NARRATIVE: This adjustment will authorize an inter-fund loan and the payment of expenses relating to the acquisition of the East Park property from the Federal government. It is expected that these costs will be recouped when the property or portions thereof is sold by the City. However the timing of such sale can not be predicted at this point. Department Head Signature Date Director Signature Date Treasurer Comments: [--~ Recommended ~-'] Not Recommended "~-' ~ , <:~/.~./i~/ Treasurer's Sil~natur~'"~ Datb / Mayor Comments: ~ Recommended ~ Not Recommended F~ Approved ~-] Denied ~v1~i'¥o r's Signature Date Fiscal & Budget Committee Comments: r-~ Approved [---] Denied Fiscal & Budget Committee Signature Date Oi DEPARTMENT OF THE NAVY ENGINEERING FIELD ACTIVITY. NORTHWEST i NA'.A-- ~A~,L,T,ES ENG,N~R,NG CO~..AN~ 11011 ,9,,.77TH AVENUE N.E. 05LR.SL /00-060 POULSBO, WASHINGTON 983'70-7570 NAVSTA Bremerton Kathy McCluskey City Clerk 239 4th Street Bremerton, WA 98337 Dear Ms. McCluskey: This letter follows up our recent discussions regarding conveyance of the former Navy Eastpark Housing area to City of Bremerton. The next step in the conveyance process is to perform National Environmental Policy Act (NEPA) documentation and do an Environmental Baseline Survey (EBS). We have . cost estimates and a timeline for each element of work. An EBS report for Eastpark will cost $5,000.00 and take approximately 5 months. This report requires a record search and site reconnaissance effort to establish the condition of the land. A review of prior studies regarding the condition cf the former housing units will be done to establish that the former building materials do not create a current health hazard. NEPA documentation will cost approximately $65,000.00 and take approximately 9 months. An environmental assessment (EA) will be done to analyze the potential environmental effects of your project. Our in house dollar cost estimate is $3,000.00. The money will be used to provide staff time to prepare conveyance documents and coordinate the conveyance of the property. We will begin working on NEPA documentation and an EBS when we receive your check in the amount of $73,000.00 made payable to the "Treasurer of the United States" and sent to real estate department at this Command. These numbers are our best current estimates. As law requires, we will monitor the budget on this project and either ask for more funds if necessary or return any remaining funds after property conveyance. Should you have questions regarding this funding request, please contact Steve Lowery at 396-0905. Sincerely, MICHAEL D.BRADY / Director, Real Estate AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October 10, 2001 2002 CDBG Citizens Advisory ORIGINATING DEPT.: DED Recommendation ORIGINATOR: Deborah Peavler-Stewart ~. (~~ ,~,-~t ~t 'iL ~y~i~b] DATE SUBMITTED: September 26, 2001 ,/ 2. CLEARANCES: 3. EXHIBITS: City Attom~ Recommendations Fiscal and Budget Committee Hear~ Operations Committee Hear~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton will receive an estimated $550,000 in Community Development Block Grant Funds for year 2002 from HUD. The City previously provided set-asides for the following activities: $90,000 for CDBG administration; $100,000 for the City's housing program; and $50,000 for code enforcement. Applications for the remaining $310,000 in funds were accepted on August 22. We received 18 applications requesting $442,311. City staff reviewed the applications to determine they met threshold requirements and were consistent with HUD regulations. The Citizens Advisory Committee (Roy Mcinnes, Tiaa Davis, and Harry Combs) reviewed the applications, interviewed each applicant, and rated the project in accordance with the approved action plan. The ratings were averaged and ~unds were awarded to those receiving the highest average score. The Advisory Committee's recommendations are attached. 8. RECOMMENDATION: I move to approve the set asides and the Citizen's Advisory Committee recommendations as presented. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION NDt20 PULLED TABLED APPROVED DISAPPROVED AM~ COUNCIL DIRECTIVE: AGENDA BILL NO 0 ! - ~-~,~ 2002 CDBG APPLICATIONS $550,000.00 ESTIMATED AVAILABLE CITIZEN ADVISORY PUBLIC SERVICE AMOUNT COMMITTEE $82,500.00 ESTIMATED AVAILABLE PROJECT REQUESTED RECOMMENDATIONS P1 BREMERTON, CITY PARKS LEADER IN TRAINING $11,686.40 $0.00 P2 BREMERTON, CITY PARKS PLAYGROUND EXPRESS $7 500.00 $7,500.00 P3 BREMERTON FOODLINE AGENCY SALARIES $19 075.00 $19,075.00 P4 BREMERTON HOUSING AUTHORITY MENTORING $25 000.00 $0.00 P5 BREMERTON SERVICES ASSOC. CHUCKWAGON MEALS ON WHEELS $16.000.00 $14,425.00 P6 KITSAP COMMUNITY SERVICES HOUSING SERVICES $25000.00 $25,000.00 P7 KITSAP SEXUAL ASSAULT CHILD ABUSE INTERVENTION $16500.00 $16,500.00 P8 LUTHERAN COMM. SERV. NW SR. OUTREACH/ADULT DAY CARE $12 800.00 $0.00 P9 RMH SERVICES UNTREATED MENTALLY ILL COUNSELING $18 000.00 $0.00 P10 WEST SOUND TREATMENT CTR. MAX HALE CTR. COUNSELING $13 000.00 $0.00 P11 YWCA ALIVE PROGRAM $10 000.00 $0.00 t.~ TOTAL PUBLIC SERVICE $174 561.40 $82,500.00 HOUSING $200,000.00 ESTIMATED AVAILABLE H1 BREMERTON, CITY CDBG REHABILITATION LOANS $100,000.00 $100,000.00 ** H2 BREMERTON, CITY DCM CODE ENFORCEMENT $50,000.00 $50,000.00 ** H3 KITSAP COMMUNITY RESOURCES WEATHERIZATION $75,000.00 $50,000.00 TOTAL HOUSING $225,000.00 $200,000.00 PLANNING AND ADMIN. PA1 $110,000.00 ESTIMATED AVAILABLE BREMERTON, CITY CDBG ADMINISTRATION $90,000.00 $90,00Q00 ** BREMERTON, CITY DCD PLANNING (TO BE DETERMINED) $20,000.00 $20,000.00 TOTAL PLANNING & ADMIN. $110,000.00 $110,000.00 CAPITAL $157,500.00 ESTIMATED AVAILABLE C 1 BREMERTON, CITY PARKS HADDON PARK RESTROOM $12,750.00 $12,750.00 C2 BREMERTON, CITY PUBLIC WORKS ADA SIDEWALK ACCESS PROGRAM $25,000.00 $0.00 C3 BREMERTON, CITY PUBLIC WORKS NEW SIDEWALK CONSTRUCTION $50,000.00 $50,000.00 C4 BREMERTON, CITY PUBLIC WORKS TRAFFIC CALMING $10,000.00 $10,000.00 C5 BREMERTON FOODLINE FACILITY SEISMIC UPGRADE $35,000.00 $24,750.00 C6 YWCA ALIVE SHELTER RENOVATION $60,000.00 $60,000.00 TOTAL CAPITAL $192,750.00 $157,500.00 TOTAL 2002 APPLICATIONS $702,311.40 $550,000.00 **COMMITTED PRIOR TO APPLICATION PROCESS 2002 PUBLIC SERVICE RECOMMENDATIONS $82,500 AVAILABLE Applicant: Kitsap Community Resources Proiect Description: CDBG funds will be used to provide emergency and transitional housing services for low income Bremerton residents. Amount Requested: $25,000 Amount Recommended: $25,000 Applicant: Bremerton Foodline Pro.iect Description: CDBG funds will be used to supplement funding for the part- time salaries of the Executive Director and Supervisor of Operations, Driver and the Administrative Assistant. The Foodline provides emergency food assistance in Bremerton Amount Requested: $19,075 Amount Recommended: $19,075 Applicant: Playground Express Proiect Description: CDBG funds will be used to help staffthe program that provides fi:ce organized recreation programs to children (ages 6-11) in their neighborhoods for seven weeks in the summer. Amount Requested: $7,500 Amount Recommended: $ 7,500 Applicant: Kitsap Sexual Assault Center Proiect Description: CDBG funds will be used to provide crisis intervention, legal/medical advocacy, assessment of needs, counseling, case management, parent education and information and referral. Amount Requested: $16,500 Amount Recommended: $16,500 Applicant: Bremerton Services Association--Chuckwagon Proiect Description: CDBG funds will be used for meal costs by Chuckwagon. Chuckwagon will use volunteers to deliver 16,000 nutritious meals to 160 homebound, low-income elderly persons residing in Bremerton. Amount Requested: $16,000 Amount Recommended: $14,425 Applicant: YWCA of Kitsap County Pro.iect Description: CDBG funds will be used to maintain statTmg and operational costs for 2 FTE Client Advocates who will provide a comprehensive range of services for domestic violence victims and their children. Amount Requested: $10,000 Amount Recommended: $-0- Applicant: Westsound Treatment Center Proiect Description: CDBG funds are requested to support the chemical dependency services to residents at Max Hale Center who would otherwise not receive it due to lack of insurance funds. Amount Requested: $13,000 Amount Recommended: $-0- Applicant: City of Bremerton-Parks Leader in Training I Project Description: CDBG funds will be used to provide leadership training for teens at the Parks Department. Amount Requested: $11,686.40 Amount Recommended: $ -0- Applicant: RMH Services Proieet Description: CDBG funds will be used to provide administrative and personnel expenses for the agency that provides intensive mental health and drug/alcohol services. Amount Requested: $18,000 Amount Recommended: $ -0- ADr}licant: Lutheran Community Services-NW Sr. Outreach/Adult Daycare Proiect Description: CDBG funds are requested to cover salary of a part time program coordinator to enhance program support and growth. The organization provides day care for frail elderly and disabled adults. Amount Requested: $12,800 Amount Recommended: $ -0- ADr~licant: Bremerton Housing Authority-Mentoring l Project Description: CDBG funds are requested to match at-risk youth with I professional businesspersons from the community. Amount Requested: $25,000 Amount Recommended: $ -0- 2002 HOUSING RECOMMENDATIONS $50,000 AVAILABLE Applicant: Kitsap Community Resources Proieet Description: CDBG funds will be used to provide weatherization and minor home repair services to 10 low income homeowner households in the City of Bremerton. Amount Requested: $75,000 Amount Recommended: $50,000 2002 CAPITAL RECOMMENDATIONS $157,500 AVAILABLE AoDlicant: City of Bremerton-Parks Proiect Description: CDEIG funds will be used to construct a restroom at Haddon Park. Amount Requested: $12,750 Amount Recommended: $12,750 Applicant: City of Bremerton -Public Works I Proiect Description: CDBG funds will be used to construct traffic calming devises in I low income areas. Amount Requested: $10,000 Amount Recommended: $10,000 Applicant: YWCA of Kitsap County Proiect Description: CDBG funds will be used to for renovation and repairs to the YWCA ALIVE Shelter for domestic violence victims and their children. Amount Requested: $60,000 Amount Recommended: $60,000 Applicant: City of Bremerton-Public Works Proiect Description: CDBG funds will be used to construct sidewalks in low income areas. A prioritization will be developed. Amount Requested: $50,000 Amount Recommended: $50,000 ADolicant: Bremerton Foodline Pr0iect Description: CDBG funds will be used to rehabilitate and reinforce structural issues appearing as a result of the Nisqually earthquake. Amount Requested: $35,000 Amount Recommended: $24,750 Applicant: City of Bremerton-Public Works Project Description: CDBG funds will be used to construct the highest priority sidewalk ramps as ranked fi.om the City's ADA sidewalk access prioritization. Amount Requested: $25,000 Amount Recommended: $-0-