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Home My WebLink About02/08/00 AGENDA CITY COUNCIL AGENDA TUESDAY, FEBRUARY 8, 2000 1. CITY 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 Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - January 19, 2000 #AB00-031 B. Grant Application for Funding Support for Conference #AB00-032 Sponsored by the National Institute of Justice 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 9. NEW BUSINESS A. Appointment of Andy Kosusko to the Planning Commission #AB00-033 B. Appointment of H. Emily Moshay to the Planning Commission #AB00-034 C. Intergovernmental Cooperative Response Agreement with #AB00-035 Central Kitsap Fire & Rescue D. Acceptance of Public Works Trust Fund Pre-Construction Loan #AB00-036 Agreement for CSO Reduction Projects Design (CONTINUED ON BACK...) 10. ORDINANCES A. Ordinance (First Reading) Repealing Ordinance No. 4676, #AB00-037 .~- Regarding Revenue Licensing of Residential Rental Businesses B. Ordinance (First Reading) Amending B.M.C. 9.24 and adding #AB00-038 +( Provisions for the Imposition of a "Stay Out of Areas of Prostitution" Order 11. RESOLUTIONS A. Resolution No. 2738, Setting a Hearing Date of March 8, 2000 #AB00-039 For Vacating a Portion of Shore Drive B. Resolution No. 2739, Setting a Hearing Date of March 8, 2000 #AB00-040 For Vacating a Portion of Peters Street from Poindexter Avenue To Humphrey Avenue C. Resolution No. 2740, Setting a Hearing Date of March 8, 2000 #AB00-041 For Vacating a Portion of 12th Street and Two Alley Rights-of Ways D. Resolution No. 2741, Setting a Hearing Date of March 8, 2000 #AB00-042 For Vacating a Portion of Chester Avenue 12. PUBLIC HEARINGS 6:00 P.M. or LATER ~,,Sff~-F,.t~ - -~-b Be_ .-~_~ -~¢X A. -Pub!ic Hearing to Con-~ider the Surplus of PropertJes Around the ....... W-a~tew6~ T~ent-Pla n t 13. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: FEBRUARY 8, 2000 ORIGINATING DEPT: C I TY COUNC I L MINUTES OF MEETING - JANUARY 19, 2000 ORIGINATOR: CAROL ARENDS, PRES1 DENT DATE SUBMITTED: JANUARY 31, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AlVlE~ ~_ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0 0 - b31 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1680 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES January 19, 2000 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, January 19, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lod Smith. The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the invocation, given by Rev. William Wambsganss of West Side Baptist Church. President Arends made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room to discuss general Council business. CONSENT AGENDA A. Minutes of Meeting - December 29, 1999 #AB00-011 #0033 M/S/C/U (McConnell/Olsen) Motion 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. #0060 M/S/C/U (Law/Farr) On January 19, 2000, the Council does approve for payment as follows: 237879 through 237881 and 237883 through 23800 in the amount of $334,793.33. COUNCIL MEMBER REPORTS Cecil McConrtell welcomed Roy Mclnnis back to Bremerton after his recent trip out of state. John Law reported on the District 3 meeting held last night, and thanked Gene Sampley, Director of the Public Works & Utilities Department for his informative presentation, and those who attended. Ed Rollman announced that the Council Chambers were available for use by the public, and those interested may call 478-5280 to inquire about scheduling. He also received several complaints from citizens concerned about the need for paint on the Downtown Library, and encouraged volunteers. Mike Shepherd announced that the next District 5 Meeting was scheduled tomorrow night (January 20"') beginning at 6:30 P.M., at the Memodal Lutheran Church located at the corner of 10'h & Veneta Avenue. Discussions will include "Fire Prevention Techniques" and the proposed "Community Recreation Center". In addition, he reported that he attended the "remarkable" celebration event for Dr. Martin Luther King, Jr. held Monday, January 17~ at the Kitsap Pavilion. President Arends also attended the program honoring Dr. Martin Luther King, Jr. at the Kitsap Pavilion, which she thoroughly enjoyed. As the Council representative for Forest Ridge Park, she was pleased to report that a generous donation would be presented at next week's Council meeting for the purchase of security system for the Boy Scouts Hall at Forest Ridge Park. TAPE #1680 City Council Reg. Mtg. Minutes January 19, 2000 Page 2 of 4 MAYOR'S REPORT - There was no report this evening. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION Debbie Peavler-Stewart, from the City's Economic Development Department, discussed the recent opening of the Kitsap Small Business Development Center (SBDC) to assist the growth and' development of small businesses in the City. She introduced Susan Segler as the new Director of the SBDC, who stated the Center will offer free business counseling, training, and market research. The Center is located at 4th & Park, and appointments can be made by calling 478-4839. Ruth Enderle, Executive Director of the Admiral Theater, invited the public to attend the Blues performance, "We Are Not Good Girls", on Saturday, January 29th at 8:00 P.M., and that anyone interested in purchasing the $12.00 tickets for this event (or any future event at the Theater) could call their office at 373-6743. Jack Swanson presented a handout entitled "Earn Extra Money", for local citizens interested in working as "Enumerators" for the Federal Government during the Year-2000 Census this spring, and the importance for Bremerton to get accurate population numbers. Paul Drnjevic voiced his concerns over the construction of the City's garage, and the potential danger of collapse during an earthquake. He reiterated his request for information on a "study" done on the proposed purchase of the KPS building (400 Warren Avenue). Lastly, he complimented the presentation given by Gene Sampley regarding the Stormwater program at the District #3 meeting. Roy Mclnnis discussed several issues regarding the growth of Bremerton. Don Larson, President of Kitsap Diving Association, encouraged the use of trees and shrubbery, again recommended a "madne protected area" for Bremerton, and handed out related publications. Gordy Byrd commented on the improved PA system in the Council Chambers. 9A - BUDGET ADJUSTMENT ALLOCATING THE CITY'S FY 2000 HOTEL & MOTEL TAX RECEIPTS, #AB00-012 Rich Hanna, Treasurer, reported that this Budget Adjustment would authorize expenditure of the City's Hotel & Motel tax revenues to several tourism-supporting organizations and activities as directed by City Council memo. He cladfied that the $90,000 allocation proposed for the Admiral Theater includes an $11,550 repayment toward an inter-fund loan. Use-for-funds-received were reported by the following: Nell Korth, Bremerton Area Chamber of Commerce; Robert Schneidler, Bremerton Admiral Theater Foundation; and Dave Boynton, Bremerton Main Street Association. Mr. She.oherd commended the members of the Lodging Tax Advisory Committee for their efforts. #1250 M/S/C/U (Shepherd/Olsen) Motion to approve Budget Adjustment No. 00-2; and authorize the Mayor to execute contracts with each organization regarding scope of services for tax allocations. TAPE #1680 City Council Reg. Mtg. Minutes January 19, 2000 Page 3 of 4 10A - ORDINANCE NO. 4692 (SECOND READING) AUTHORIZING THE ISSUE OF A $1.250,00n TAX ANTICIPATION NOTE. AND ACCEPTING THE PURCHASE OFFER FROM SEAFIRST BANK, #AB00-006 First Reading of Ordinance presented at the City Council meeting on January 12, 2000. Rich Hanna, City Treasurer, distributed updated copies of Ordinance NO. 4692 and the Preliminary Official Statement Dated January 5. 2000. There were no questions or comments from the public. #1461 M/S/C/U (McConnell/Reed) Motion to pass Ordinance No. 4692 on second reading, authorizing the issue of a Tax Anticipation Note and accepting the purchase offer of Bank of America Securities LLC (formerly known as Seafirst Bank). 10B - ORDINANCE NO. 4693 (SECOND READING) ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN NORTHWEST CORPORATE CAMPUS AND THE CITY OF BREMERTON (PL99-0073): and ADOPTION OF RESOLUTION NO. 2735, #AB00-010 First Reading of Ordinance presented at the City Council meeting on January 12, 2000. Due this being a Quasi-Judicial Public Hearing, President Arends asked if any Council member believed their participation would conflict with the ApDearance of Fairness Doctrine, and if so, they should be excused. She further asked if any member of the public believed if any Council members should excuse themselves due to a conflict with the Appearance Of Fairness Doctrine. All Council members remained seated. Jon Holan, Interim Community Development Director, summarized that the Hearing involved adoption of a proposed Development Agreement for the development of an industrial park on 188 acres located north of Old Clifton Road, south of State Highway 16, and west of Anderson Hill Road. Lauralee Hanson discussed environmental concerns over the proposed use for this property. Paul Drnjevic agreed that an Environmental Impact Study should be done. Mr. Holan pointed out that the minimum required setback is 100 feet, but that 52% of the area would have at least 200 feet. He further established that the nature of the appeal the previous week was to address the possibility of an Environmental Impact Study, but it was concluded that not enough evidence was presented to require the study. Mr. Shepherd provided additional information on "setbacks", and pointed out that although an Environmental Impact Study was not going to be done, there were many other studies. Mr. Farr noted that Mr. Sciepko has gone "above and beyond" on most of the requirements. Mr. Reed added that he felt this was a project where everyone "would win". Mr. Rollman asked for clarification on protecting the quality of the watershed. Mr. Holan stated that precautions have been included in the Agreement to assure that the City's wells and water quality would be maintained. #2235 M/S/C/U (Reed/Olsen) Motion to pass Ordinance No. 4693 on second reading, adopting the proposed development agreement for the Northwest Corporate Campus Industrial Development based on the specific finding that the Mitigated Determination of Non-Significance for the proposal is adequate and that the proposed agreement is consistent with the requirements of BMC 21.02.900 and RCW 36.70B.170. TAPE #1680 City Council Reg. Mtg. Minutes January 19, 2000 Page 4 of 4 fY2586 M/S/C/U (Reed/McConnell) Motion to adopt Resolution #2735, "Development A~treement for Northwest Cor.~orate Campus: Ap.~licant: Ron Sciepko", which was read in its entirety. 10C - ORDINANCE (FIRST READING) ESTABLISHING A SPECIAL ELECTION DATE OF MAY 16. 2000 FOR A PARKS AND RECREATION BOND, #AB00-007 (Postponed from last week) Cris Gears, Parks & Recreation Director, summarized that on the meeting of December 22, 1999, the City Council passed (on first reading) an ordinance establishing a special election date of March 14, 2000 for a Parks & Recreation bond. After discussing this matter further with members of the citizen-based "Y2R" (Yes to Recreation) Committee, the Mayor and staff are now recommending that the special election be re-scheduled for May 16, 2000. This change in election date will allow "Y2R" Committee members and City staff to spend more time with the public to ensure that the City's voters are fully informed about the proposed Parks & Recreation projects prior to the election. There were no questions or comments from the public. ~2667 M/S/C/U (Fart/Shepherd) Motion to table the first reading of this ordinance until January 26, 2000. With no further business meeting adjourned at 6:48 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIs C: Normal Distribution File -'- AGENDA BILL - BREMERTON CITY COUNCIL FOR AGENDA OF: ~--/ 1. Subiect: Grant Application for conference support to the First Annual Forensic Sciences & Crime Scene ORIGINATING DEPT: Police Technology Conference & Exposition sponsored by the ORIGINATOR: Tim Sholtis National Institute of Justice. DATE SUBMITFED: 01/21/00 2. CLEARANCES~ (co .mm~ent on bar~ .~ssary) 3. EXHIBITS: Treasurer _~ Cover letter and one page application Budget & Fiscal Committee ..---~,, .-.x%~/ ' Operations Committee ~__~.~ Police Chief ENDORSEMENT X /NF, ORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Council concurs and provides permission to apply for National Institute of Justice funding support. The dollar amount will provide for airfare, approximately $1,000, and a registration fee of $495. 8. RECOMMENDATION: Council approvesapplication..~.zn ~'~~ ~//~o~,/~~ ~4~/~ .~CC~'~¢~ 9. RESPONSIBLE OFFICIAL: Chief Forbes ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: 01/31/00 REVIEW DATE: N/A 10. NOTICE O._.~F ACTI______ON:~~ BE PULLED- TABLED- APPROVED DISAPPROVED ---~ D COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: ~0'-'03~ 2. CLEARANCE COMMENTS (Continued): 4. SUMMARY STATEMENT (Continued): 5. IMPACT OF NON-PASSAGE: Department personnel will not participate in the conference and exposition. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES: None 7. RESEARCH RESOURCES: Naticmal Institute of Justice ROBERT D. FORBES, Chief of Police 239 4th Street · Bremerton, WA 98337 · (360) 478-5220 - FAX (360) 478-5395 January 20, 2000 CSR Incorpomted Attn: NIJ FRENZY Conference Support 1400 Eye Street, NW Suite 200 Washington, D.C. 20005 Dear Sir or Madam: We have enclosed the City of Bremerton's completed Application for Conference Support on behalf of Crime Scenes Detective Ed Willrlillgham_ Otlr Department and I personally support his attendance at the First Annual Forensic Sciences and Crime Scene Technology Conference and Exposition. Detective Ed Winningham is a commissioned officer with over 23 years of law enforcement experience. We expect him to garner the most that the conference has to offer, and return with new ideas and technology information that can be quickly assimilated and inserted into our daily investigative support. The City of Bremerton Police Department acknowledges and expects to pay for lodging, meals, and incidental expenses incurred for Detective Winningham's trip to the FRENZY Conference according to the application criteria. We request most favorable consideration tbr our application. If you need more information, please contact Tim Sholtis or me at 360-478-5277. Chief of Police Enclosure Equal Opportunity Employer fi-enzyapp.txt at www. oj,' 'sdoj.gov Page I of 2 National Institute of Justice . . Office of Science & Technology Application for Conference support Name Ed Wiuni.ngham Title Crime Scenes Detective Agency/Organization City o~ Bremerton Police De~tment · Division/Section. Crime Scenes Address 239 4th Street - Bremerton, WA 98337 Telephone (360) 478-5277 Fax (360) 478-5395 E-mail WinninKham@CI. Bremer ton .WA. US Size of your organization 82 Annual budget $6.1 M Please state your reasons for wishing to at. tend this c.onfere_nc.e: Conference partici- pation is essential for keepin~ current with recent technical developments in crim- inology and forensic science. What other conferences, professional meetings, or training workshops dp you attend No other comparable conferences, meetin~s~ or workshops are affordable/available to the Department in the foreseeable future. We do attend the Naval Criminal Investiga- How many indiviaua±s :rom your organization ~ravel to conferencesTmeetings/ workshops annually? None What other resources are available within or outside of your organization to atten training/meetings? No other resources are avaitablewithln or outside of our organization to attend traininz/meetin~s. What type of training or certification/accreditation is require~ for performance o your job or advancement in your field? Marijuana analysis certitication is required in Washington State. Please describe what you believe are your most important training needs: Familiarity and understanding of reGent, technical developments in forensic apd c~iminal §ciences are the most important tralnin~ need raced by the ueparunenc. The FRENZY symposia begin May 9, 2000 at approximately 8:00 a.m. Exhibit booths o May 10. The conference concludes May 12 in the early evening. Please identify th airport you will use and the dates and time(s) of day you wish to travel for your · arrival in Washington and your return home: Departure airport: SeaTac Arrival date: May 8, 2000 Early a.m. Mid a.m. ~y p~ Late Departure date: May 13, 2000 Early a.m. ~ Early p.m. Late This application form must be accompanied by a letter from your supervisor, on off letterhead, confirming that you are able to attend the full conference should your application be approved. Note that you or your agency will be responsible for all lodging, meals, and incidental expenses. Application Deadline is January 31, 2000 submit Application to: http://www, ojp.usdoj.gov/nij/frenzyapp.txt i ~ 1/13/00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the FOR AGENDA OF: Februa~ 8, 2000 Planning Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: February 2, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXItlBITS Application for Appointment 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There are two vacancies on the Planning Commission. It is recommended one of the vacancies by filled by Andy Kosusko. 8. RECOMMENDATION: Motion to confirm the appointment of Andy Kosusko to the Planning Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: /~V ~ / ! ~ ~ (H) HOME ADDRESS: ~O ~Oc~ ~- ~J~ -~+~ (W) OCCUPATION: ~t T~T PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one/or more): ( ) Disability Action Committee (~ Planning Commission 118 yrs, & older) I ) Civil Service Commission(18 yrs. &older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Commission ( ) Public Access Citizens Advisory Committee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Advisory Committee ( ) Brernerton Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement Is this an application for reappointment? if yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office .~/~ 239 4th Street Sign~tu~ '/' Bremerton, WA 98337 / Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the FOR AGENDA OF: February 8, 2000 Planning Commission ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: February 2, 2000 2. CLEARANCES: (comment on back ifne. e. essary) 3. EX~IIB~S" Application for Appointmem ENDORSEMENT ,,~ INFOIKMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR~.~.~-,~(~ COUNCIL PRESIDENT ~ ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: There are two vacancies on the Planning Commission. It is recommended one of the vacancies by filled by H. Emily Moshay. 8. RECOMMENDATION: Motion to confm'n the appointment of ri. Emily Moshay to the Planning Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~~ COUNCIL DIRECTIVE DATE: 11. AOENDA BILL APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: / NAME: ~-/ ~--dx~)~¥ ~ ~:) HOME PHONE: HOME ADDRESS: /~ ~~~. ~~ STATE ~ ZIP CODE WORK PHONE: ~-~~ E-MAIL: ~A~: sus . ss EDUCATION:_ J~;'J,~ ~Z~ ~ ,' ~ LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): ( ) Disability Action Commi~ee ~' Planning Commission (18 yrs. & older) ( ) Civil Service Commission(18 yrs. & older) ( ) Parks & Recreation Commission ( ) Urban Forest Committee ( ) Ethics Oommission { ) Public Access Citizens Advisory Commi~ee ( ) Parking Advisory Board ( ) Community Development Block Grant ( ) Solid Waste Management Adviso~ Committee ( ) Breme~on Housing Authority ( ) Youth Council ( ) Board of Appeals, Housing/Building Codes ( ) Safe Streets Steering Committee ( ) Mayor's Select Committee on Law ( ) Citizen's Commission on Council Salaries Enforcement Is this an application ~or reappointment7 ~ If yes, how many years have you served on this commission/committee7 Please turn page WHY ARE YOU APPLYING FOR THIS APOINTMENT? WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR THIS APPOINTMENT: HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK FORCE? IF YES, PLEASE LIST: PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES, TRAINING, EDUCATION): ~ · WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL · , F I -- .~ --., ' · ,,,, We welcome your w~llingness to serve Bremerton. Please return th~s completed'torm to: Mayor's Office (360) 478-5266 239 4th Street (360) 478-5883 FAX Bremerton, WA 98337 E-mail: mayor@ci.bremerton.wa.us AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 02/08/2000 Intergovemmental Cooperative Response ORIGINATING DEPT: Fire Agreement ORIGINATOR: Al Duke DATE SUBMITTED: 02/01/2000 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Budget & Finance ~ .-~"~~ / Intergovernmental Cooperative · . ~-~ - t? Response Agreement Operabons Comm~tte City Attorney / ENDORSEMENTS ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a proposed Cooperative Response agreement between the City of Bremerton and Central Kitsap Fire & Rescue. A committee consisting of both Fire Chiefs, elected officials from both entities and the labor representative from each entity started the process of upgrading the Mutual Aid agreement back in October of 1997. The results of the cooperative effort is a this Response agreement from 1-1-99 through 12-31-99. At the end of that year the contract was evaluated and it was determined that a longer term agreement is appropriate at this time, therefore this agreement is for a three year period. 8. RECOMMENDATION: That the Bremerton City Council authorize the Mayor to sign and enter into the Intergovernmental Cooperative Response Agreement with Central Kitsap Fire & Rescue for a term of three (3),years. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: 12/31/2002 REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: ,,. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Currently there are two fire stations located within 1.5 miles of each other, providing the exact same service. This creates a duplication of service in which the Growth Management Act is trying to eliminate. Non-passage would leave the situation as it is currently operating. $. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Passage of this agreement will allow additional personnel to Station One without the added cost to the citizens of Bremerton. This will add an estimated 1.2 calls per day to the Station Three area, but would add additional staffing of a third paramedic unit within'financial constraints. 7. RESEARCH SOURCES: Intergovernmental Cooperative Response Agreement This Intergovernmental Response Agreement is made by and between the City of Bremerton, herein known as the "City", and Central Kitsap Fire & Rescue, herein known as "CKFR", which are Washington municipal corporations, and has as its purpose, to define the terms and conditions of initial response between the parties. This Response Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, and to other provisions of law. Recitals A. The parties each provide fire protection, suppression activities, and Emergency Medical Service within Kitsap County, Washington. B. The parties have completed a trial response program from September 15, 1998 through December 31, 1998 and an operational agreement from January 1, 1999 to December 31, 1999 and agree that there were positive results. C. The parties desire to cooperatively provide service to a defined response area, as may be mutually modified from time to time, and as provided in the duties of the mutual aid agreement .... "the commanding officers of the parties may, from time to time, mutually establish pre-emergency plans which shall indicate types of and locations ..... where emergency assistance may be needed, the type of equipment which shall be dispatched ..... , and the number of personnel .... D. The parties agree to continue to evaluate the impacts of future annexations by the City, and shall cooperate with each other in these efforts. AGREEMENT To carry out the purposes of this Response Agreement and in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: RESPONSIBILITY: 1. The City agrees to provide first alarm response, both emergent and non- emergent to a mutually agreed response area that encompasses portions of CKFR Station 45 and Station 44's area. Response shall include fire suppression activities, and emergency medical services, both Basic Life Support (BLS) and Advanced Life Support (ALS), when required. The agreed upon response area will be reflected in an exhibit marked as Appendix "A". Intergovernmental Agreement City of Bremerton/CKFR Page 2 of 3 2. CKFR agrees to provide first alarm response to a mutually agreed response area that encompasses portions of the City. Said response shall include a career company. They further agree to aggressively move toward increasing their BLS capabilities, lessening the potential of BLS transports by the City. The agreed upon response area will be reflected in an exhibit marked as Exhibit "B". 3. The responsibility to administer this agreement shall be vested to the City's Fire Chief and to CKFR's Chief Executive Officer. COMMAND: The parties agree to utilize the Incident Command System (ICS) for Command purposes. EVALUATIONS: This agreement shall have quarterly evaluations, beginning in January 2000. Said evaluations shall include one or more representatives of the City's elected officials; one or more representatives of CKFR's elected officials; one or more members of the parties firefighters Union's; a member from the Operations Division of each party; a member from the Fire Chief's Office. Changes in response areas shall be included on either Exhibit "A" or "B", and regularly updated as needed. COMPENSATION: For the services as agreed above, CKFR agrees to compensate the City in the amount of $94,000 per year, for the duration of the agreement, and includes consideration for all responses, including EMS. For EMS transports completed by the BFD, CKFR shall bill at its District rate, and will remit proceeds of $205 per ALS transport and $175 for BLS transport to the BFD. Payment for the contract amount and transports shall be made in two installments each year, one due on June 15th, and the second due on December 15th. Should circumstances adse i.e. other contractual arrangements, that could have an impact on either the base rate or transport fees, either party has the right to notify the other of its intent to re-negotiate the compensation clause. Such notification shall be in writing. Intergovernmental Agreement City of Bremerton/CKFR Page 3 of 3 DELEGATION/ASSIGNMENT: Neither party may delegate the performance of any contractual obligation to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. HOLD HARMLESS: Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and/or its employees; and shall hold harmless and indemnify the other party from any and all losses, including attorney fees, arising from any claim or action related to the negligence or other act or omission of the indemnifying party. DURATION: The duration of this agreement shall be January 1, 2000 through December 31, 2002. Either party may terminate this agreement with thirty (30) days written notice. Such notice shall be sent to the respective Fire Chief's office. If terminated, total compensation shall be prorated to the date of termination. Dated this __of ,2000 Dated this __ of ,2000 Central Kitsap Fire & Rescue City of Bremerton By:. By: Title: Title: Attest: Attests to form/legality: Title: Title: H:West. lntergovernmental Cooperative Agreement December 27, 1999 -- AGEAIDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CSO REDUCTION FOR AGENDA OF: FEBRUARY 8, 2000 PROJECTS DESIGN - PWTF LOAN ORIGINATING DEPT: Public Works & Utils~x~ ACCEPTANCE ORIGINATOR: R. W itt, City En~_/./~W~%~ DATE SUBMITTED: JANUARY 21, 20[F0~-~' 2. C~%~U~ (Comment on back 3. EXHIBITS: //7 M f/V~ if necessary) 1. Loan Agreement, with Attachments ~~" '~Utilities City T~e ~asurer Co~~Fi~a~ ~'-~u~get Comn~ttee Council Operations Committee ~ORS~ 4. SUMMARY STATEM~_-NT AND REQUIREMENT FOR COUNCIL ACTION: The City has been awarded a Public Works Trust Fund Pre-Construction loan for $906,000.00. This loan provides 80% of the required funding for predesign and design of CSO reduction improvements for the final seven CSO basins. The basins are the Pine Road, Stevens Canyon, Cherry Avenue, Pacific Avenue, Tracyton Beach, East Park, and Trenton Avenue basins. The requested action before the City Council is approval of the PWTF Pre-Construction Loan Agreement. 5. RECOM~4ENDATION: The City Council approve the Public Works Trust Fund Pre-Construction Loan Agreement for Nine Hundred and Six Thousand Dollars ($906,000.00,) and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED []~ ~ COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: - 2. CLEARANCE COMMENTS: -~ - 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Funds would not be available for Predesign and Design of the CSO Reduction Improvements. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMRNT AND OTWRR RESOURCES: Staffing: No Impact. Budget: This loan agreement provides the budget for the required predesign and design activities. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: PUBLIC WORKS TRUST FUND Pre-Construction Program ATTACHMENT 1: SCOPE OF WORK PW-99-691-PRE-104 City of Bremerton (Jurisdiction) CSO Reduction Projects Design (Project Title) 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): The project is for development of a facility plan (preliminary engineering report) and to initiate design of priority CSO reduction facilities in conformance with the facility plan to reduce overflows to a frequency of no more than one per year per ouffall in accordance with State regulations for the final seven CSO Basins located in Bremerton. The basins are the Pine Road, Stevens Canyon, Cherry Avenue, Pacific Avenue, Tracyton Beach, East Park, and Trenton Avenue basins. Should funds remain after the basin improvements have been designed, they may be used for design of other CSO improvements such as facilities to allow cleaning of the beachmain and inverted siphons, or design of treatment plant improvements. The locations of the various basins, as well as the beachmain and inverted siphons are shown on the attached maps. 2. The term of this loan will be five years. If the local government prefers the term of its loan to be less than five years, the preferred loan term should be indicated: 20 years. Date: i /7~g/o~ Telephone: -'3( aO - q-73 -7)7 to C:\PROJECTS\CSO Projects Design\Project Mgt~PWTF Loan\PWTF Design Loan SOW.doc Scope of Work Page Two PW-99-691-PRE-104 Estimated Project Costs: Repair or Expansion Total Replacement or Growth Preliminary Engineering $ 245,000 $ $ 245,000 Design Engineering $ 900,000 $ $ 900,000 Bid-document Preparation $ 6,000 $ $ 6,000 Land/R-O-W Acquisition $ $ $ Environmental Studies $ $ $ Sales or Use Taxes $ $ $ Contingency (__.%) $ $ $ TOTAL ESTIMATED COSTS $ 1,151,000 $ $ 1,151,000 Anticipated Fund Sources: A. Federal Grants $ State Grants $ B. Locally Generated Revenue $ General Funds $ Capital Reserves $ Other Fund $ Rates $ Assessments $ (LD, RD, ULID) $ Special Levies $ Federal Loan(s) from: (identify all) $ $ State Loan(s) from: (identify all) WA State DOE - SRF $ 245,000 $ Other: identify sources) $ $ TOTAL LOCAL REVENUE $ 245,000 C. PUBLIC WORKS TRUST FUND LOAN $ 906,000 C:\PROJECTS\CSO Projects Design\Project Mgt\PVVTF Loan\PVV'FF Design Loan SOW.doc Scope of Work Page 3 PW-99-691-PRE-104 Calculating Local Percentage: (Note: Please exclude any expansion/growth costs and funding before calculating the local percentage.) Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue = Local Loan Percentage 21% The local conlfibution must be at least: Ten percent (10%) for a loan interest rate of 3% Twenty percent (20%) for a loan interest rate of 2% Thirty percent (30%) for a loan interest rate of 1% C:\PROJECTS\CSO Projects Design\Project Mgt~PWTF Loan\PWTF Design Loan SOW.doc PUBLIC WORKS TRUST FUND PRE-CONSTRUCTION LOAN AGREEMt;NT N73iVEBER PW-99-691-PRE-104 Bremerton PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments, contains all terms and conditions agreed to by the DEPARTMENT and the LOCAL GOVEP~NM2ENT. This contract consists of nine pages and two attachments. An attachment to this ~agreement, ATTACH/VlENT I: SCOPE OF WORK, consists of a description of local project activities, certification of the project's useful life, and identification of estimated project costs and fund sources and is, by rtais reference, incorporated into this aga-eement as though set for-da fully herein. In addition, ATTACHMENT II: ATTORNEY'S CERTIFICATION, is by this reference incorporated into this a..~eement. The DEPARTMENT and the LOCAL GO¥~ERNMENT have executed this agreement as of the date and year last written below. DEPARTMENT OF COMMLrNITY, TR.4Z)E LOCAL GOVERN~IENT AND ECONOMIC DEVELOPlv[ENT Steve Wells Name Director. Local Government Division Title Title Date Date Approved as to Form by Attorney General Federal Taxpayer Identification Number Simaature On File SnTnnne Shaw Assistant Attorney General January 5. 1999 Date Page 1 1999 PWTF Pre-Construction Loan Agreement CTED Contract Number S00-69100-068 PART II: INTRODUCTION This loan agreement is made and entered into by and between the DEPARTMENT OF COM]VIU]~TY, TRADE AND ECONOMIC DEVELOPMENT, (or its successor) a department of the state of Washington (referred to as the "DEPARTMENT") on behalf of the PUBLIC WORKS BOARD, or its successor, (referred to as the "BOARD"), and Bremer~on (referred to as the "LOCAL GOVERNMENT"). The DEPARTMENT has received an appropriation from the Washington State Legislature under the authority, of Chapter 43.155 RCW to provide financial assistance to selected units of local government for the repair, replacement, reconstruction, rehabilitation, or improvement of bridges, roads, domestic water systems, sanitary sewer, and storm sewer, systems. Acting under the authority of Chapter 43.155 KCW, the BOARD has selected the LOCAL GOVERNMENT to receive a Public Works Trust Fund loan for an approved public works project. PART II[I: PURPOSE The DEPARTMENrI' and the LOCAL GOVERNMENT have entered into this agreement to undertake a local public works project which furthers the goals and objectives of the Washington State Public Works Trust Fund Program. The project will be undertaken by the LOCAL GOVERNMENT and will include the activities described in ATTACHMENT I: SCOPE OF WORK, as well as in the Public Works Trust Fund Application submitted to the BOARD by the LOCAL GOVERNMENT and upon wk/ich this agreement is based. The assisted project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated Lute this a~eement as thou~ set forth fully herein. P,a~RT IV: TERMS ,&ND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The DEPARTIvIENT, using funds appropriated from the Public Works Assistance Account, shall loan the LOCAL GOVERNMENT a sum not to exceed $906,000.00. The interest rate shall be two percent (2%) per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2019. 4.02 Local Project Share The LOCAL GOVERNMENT pledges an amount of locally-generated revenue not less than twenty percent (20%) of the total eli~ble portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK, to be verified at the time of project close-out. Any change in the percentage of locally-generated funds may require an adjustment in the loan amount or interest rate.charged, or both. In such event, the LOCAL GOVERNMENT agrees to execute an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Page 2 1999 PWTF PreaSonstmction Loan Agreement C'I~D Contract Number S00-69100-068 Local project share must consist of expenditures eligible under WAC 399-30-030(3) and be related only to project activities described in ATrAC~ I: SCOPE OF WORK. These expenditures may be made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close-out. PUBLIC WORKS TRUST FUND MONIES MAY NOT BE USED TO REIMBURSE TH~ LOCAL GOVERNMENT FOR ANY COSTS INCURRED PRIOR TO EXECUTION OF THIS LOAN AGREEMENT. 4.03 Disbursement of Loan Proceeds The DEPARTMENT shall issue warrants to the LOCAL GOVER_NN[ENT for payment of allowable expenses incurred by the LOCAL GOVERN]V[ENT while undertaking and administering approved project activities in accordance with ATTACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed eighty percent (80%) of the eligible actual project costs. The disbursement of loan proceeds shall be initiated by the LOCAL GOVERNMENT on a Washington State Invoice Voucher form provided by the DEPARTMENT. The loan funds will be disbursed to the LOCAL GOVERNMENT as follows: Within thirty (30) days of the formal ex~urion of this agreement, a sum not to exceed seventy-five percent (75%) of the approved Public Works Trust Fund loan shall be disbursed by the DEPARTME]qT to the LOCAL GOVERNMENT. At the time of project completion, a Close-out Report, (refer to Section 4.19 for Close-out Report), shall be submitted to the DEPARTMENT by the LOC.2~L GOVERNMENT certifying total actual project costs. The final Public Works Trust Fund loan disbursement shall not bring the total loan in excess of eighty percent (80%) of the eligible project costs or the total of $906,000.00 whichever is less, nor shall this disbursement occur prior to the completion of all project activities and clearance of all Close-out documents and/or any applicable documents from the Department of Revenue and the Department of Labor & Industries. The Close-out Report shall sen'e as a contract AMENDMENT for determining the final loan amount, interest rate, and local share. In the event that the final costs identified in the Close-out Report indicate that the LOCAL GOVERNMENU7 has received Public Works Trust Fund monies in excess of eighty percent (80%) of eligible costs, all funds in excess of eighty pement (80%) shall be repaid to the DEPARTMENT within thirty, (30) days of submission of the Close-out Report. Page 3 1999 PWIT Pre-Cons~uction Loan Agreement CTED Contract Number S00-691004368 4.04 Interest Earned on Public Works Trust Fund Monies All interest earned on funds disbursed by the DEPAR~T and held by the LOCAL GOVERNlVfENT shall accrue to the benefit of the LOCAL GOVERNMENT and be applied to the eli~ble costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan. 2. Pay part of the eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates. (Overrun of project costs.) - The LOCAL GOVERNMENT shall establish procedures to ensure that all monies received from the Public - Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. 4.05 Time of Performance The LOCAL GOVERNME2qT shall begin the activities idemified within ATTACI-IMENT I: SCOPE OF WORK no later than three (3) months after the date of loan agreement execution and reach project completion no later than eighteen (18) months after the date of a~ cement execution. Failure to perform within the time frame described in the preceding paragraph may constitute default of this a~eement and require the immediate repa?ment of any loan funds disbursed. In the event of extenuating circumstances, the LOCAL GOVERaNMEN-I' may request,, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The term of this a~eement shall be for the entire term of the loan, irrespective of actual project completion, unless terminated sooner as provided hereto. 4.06 Repayment The first loan repayment under this a~eement is due July 1, 2000, and subsequent installments are due on July 1 of each year during the term of the loan. The first repayment under this a~eement shall consist of interest only at the rate of two percent (2%) per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the DEPARTMENT. Interest will begin to accrue from the date the DEPARTMENT issues each warrant to the LOCAL GOVER_NM2ENT. Subsequent repa,vments shall consist of the principal balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The f'mal payment shall be an amount sufficient to bring the loan balance to zero. The LOCAL GOVERNMENT has the right to repay the unpaid balance of the loan in full at any time, and the right to repay at a faster rate than is provided in this agreement, provided that any such payment must equal or exceed the amount normally due on an annual basis. Page 4 1999 PWTF Pre-Consu-uction Loan A~eemcnt CTED Contract Number S00-69100-068 The LOCAL GOVEKN1Mk-~T will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the DEPAKTMENT and sent to: Department of Community., Trade and Economic Development Administrative Services Division/Fiscal Unit 906 Columbia Street S.W. P.O. Box 49300 Olympia, Washin~on 99504-8300 4.07 Kcpavment Account The LOCAL GOVERNNfENT shall repay the loan solely from utility revenues, general obligation : revenues, or a combination thereof. The name of the fund, account, or sub-account shall be 4.08 Default in Repayment Loan repayments shall be made to the DEPARTMENT in accordance with Section 4.06 of this a~eement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a daily penalty beginning on the thirty-first (31) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be twelve percent (12%) per annum calculated on a 360-day year. : Upon default in the pa.vrnent of any annual installment, the DEPARTMENT may declare the entire remaining balance of the loan, together with interest accrued, immediately due and payable. Failure to exercise its option with respect to anv such repayment in default shall not constitute a waiver bv the DEPARTMENT to exercise such option for any succeeding installment payment which may then ~e in default. The LOCAL GOVERNMENT shall pay the costs and reasonable legal fees incurred by the DEPARTMENT in any action undertaken to enforce its rights under this section. Page 5 1999 PWTF Pre-Construction Loan Agreement CTED Con,-act Number S00-69100-4)68 4.09 Loan Security The LOCAL GOVERN1VfENT must select one of the following options for securing repayment of the loan. Please initial the appropriate option. 1. __ General Obligation: This loan is a general obligation of the LOCAL GOVERNMENT. OR 2. ~ Revenue Obligation: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer, or solid waste utility project. LOCAL GOVERNMENTS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The DEPARTMENT grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose and initial one of the following utility, systems: Water Sanitary Sewer (Wastewater) Stormwater ~ Water/Sanitary Sewer ~ Stormwater/Sanimry Sewer Solid Waste OR 3. Local Improvement District: Pursuant to RCW 35.51.050, the LOCAL GOVERNMENT pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in Which the improvements financed by this loan are located. The name of the special assessment district is Nothing in this section shall absolve the LOCAL GOVERNMENT of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. Page 6 1999 PWTF Pre-Construction Loan Agreement CTED Contract Number S00-69100468 4.10 Recordkeepin_q and Access to Records The LOCAL GOVERNMENT agrees to keep such records as the DEPARTME2qT may require. Such records will include information pertinent to work undertaken as pan of the project, including demonstration of compliance with the terms and provisions of this agreement and all applicable state and local laws and ordinances. The LOCAL GOVERNMENT _agrees to retain these records for a period of three years from the date of project completion. The DEPARTMENT and duly authorized officials of the state shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of the LOCAL .- GOVERNMENT and of persons, finns, or o~anizations with which the LOCAL GOVERNMENT may contract, involving transactions related to this project and this agreement. _ 4.11 Repgrm. The LOCAL GOVERNMENT, at such times and on such forms as the DEPARTMENT or the BOARD may require, shall furnish the DEPARTMENT with such periodic reports as it may request pertaining to the activities undertaken pursuant to this agreement including, but not limited to, quarterly progress reports, the Close-Out Keport, and any other matters covered by this agreement. Failure to file periodic reports as requested may result in termination of this ~a_~-~ement as per Section 4.15. 4.12 Indemnification The LOCAL GOVERNMENT will defend, protect, indemnify, save, and hold harmless the DEPARTMENT, the BOARD, and the state of Washin~on from and against any and all claims, cos~, damages, expenses, or liabili~ for any or ail injuries to persons or tangible property., arising from the acts or omissions of the LOCAL GOVE1LNNIENT or any of its contractors or subcontractors, or any employees or agents of either in the performance of this agr~menL however caused, in the case of negligence of both the DEPAKTN[ENT and the LOCAL GOVERN)lENT, any damages allowed shall be levied in proportion to the percentage ofne~ligence attributable to each party. 4.13 Amendments. Modifications. and Waivers Except for an increase in the amount of the loan governed by this agreement, the LOC,~L GOVERNMENT may request an amendment of this ageemem for the purpose of modifying the SCOPE OF WORK or for extending the time of performance as provided for in Section 4.05. No modification or amendment resulting in an extension of time shall take effect until a request in writing has been received and approved by the Board in accordance with Section 4.05. No amendment or modification shall take effect until approved in writing by both the DEPARTM2ENT and the LOCAL GOVERNMENT and attached hereto. No conditions or provisions of this agreement may be waived unless approved by the DEPARI/v[ENT in writing. 4.14 Disputes Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this a_D-~ cement that is not disposed of by this agreement shall be decided by a panel consisting of a representative of the DEPARTMENT, a representative of the LOCAL GOVERNMA2qT, and a representative of the BOARD. The panel shall reduce its decision to writing and furnish a copy to all pan/es to the agreement. The decision of the panel shall be final and conclusive. Page 7 1999 PWTF Pre-Consm]ction Loan Agreement '"~ -3 CTED Contract Number S00-69100-06g This clause does .not preclude the consideration of questions of law in connection with decisions provided for in the preceding paragraph provided that nothing in this agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. 4.15 Termination for Cause If the LOCAL GOVERNMENT fails to comply with the terms of this a~eement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT I: SCOPE OF WORK, the DEP.&RTMENT may terminate the a~eement in whole or in part at any time. The DEPAKTNfENT shall promptly notify the LOCAL GOVEtL. xq2vI~N'T in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Upon termination of the loan a~m'eement, the DEPARTM2ENT shall declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable. 4.16 Govemin~ Law and Venue This agr~ eement shall be construed and enforced in accordance with, and the validity and performance hereof shall be go.vetoed by, the laws of the state of Washington. Venue of any suit between the parties arising our of this agreement shall be the Superior Court of Thurston County, Washin~on. The prevailing party is entitled to recover costs in accordance with Washin~on State Law (Chapter 4.84 RCW). 4.17 Severabilitv If any provision under this agreement or its application to any person or circumstances is held invalid by an3,' court of fig. htful jurisdiction, this invalidly' does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.18 Proiect Completion The DEPARTMENT will require and notify the LOCAL GOVERNMENT to initiate a Close-out Report when the activities identified in ATTACHMENT I: SCOPE OF WORK are completed. In the report,, the LOCAL GOVERNMENT will provide the following information to the DEPARTMENT: 1. A copy of the Close-out Report. 2. A copy of the a resolution accepting the design project as being complete. 3. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. 4. If applicable, copies of the approved closure reports from the Department of Revenue and the Department of Labor & Industries, cerri~ing that all sales taxes have been paid and appropriate industrial insurance and prevailing wages have been paid. 4.19 Proiect Close-out In accordance with Section 4.03 of this a~eement, the LOCAL GOVERNMENT will submit, together with the Close-out Report, a request for a sum not to exceed the £mal twenty-five percent (25%) of the loan amount. Page 8 1999 PWTF Pre-Construction Loan Ao~eement .~'~ .~ CTED Contract Number S00-691004)68 4.20 Audit Audits of the LOCAL GOVERNMENTS project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the DEPARTMENT may prescribe. Payment for the audit shall be made by the LOCAL GOVERNMENT. 4.21 Proiect Signs If the LOCAL GOVERNMENT displays, during the period covered by this a~eement, signs or markers identifying those agencies participating financially in the approved project, the sign or marker must identi~ the Washington State Public Works Trust Fund as a participant in the project. 4.22 Utilization of Minority and Women's Business Enterprises (MWBE) The DEPARTMENT reserves the right to add appropriate Minority and Women's Business Enterprise langx~age that is consistent with Initiative 200, which was approved by the voters on November 3, 1998. The DEPARTMENT will advise the LOCAL GOVERNMENT of this language by letter.. 4.23 Nondiscrimination Provision During the performance of this contrac~ the LOCAL GOVERNMLrNT shall comply with all federal and state nondiscrimination laws, including, but not limited to chapter 49.60 RCW, Washin~on's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the LOCAL GOVERNNfENT'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the LOCAL GOVERNmeNT may be declared ineligible for further contracts with the DEPA_RTMENT. The LOCAL GOVERN~IENT shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute of fact may be resolved in accordance with the Section 4.14, Disputes. PART V: SPECIAL ASSURANCES The LOCAL GOVEP,.NMENT assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 RCW 43.155.060 The LOCAL GOVERNMENT shall comply with the provisions of RCW 43.155.060 regarding competkive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 WAC 399-30-030(3) The LOCAL GOVERNMENT assures compliance with WAC 399-30-030(3) which identifies eli~ble costs for projects assisted with Public Works Trust Fund loans. Page 9 1999 PWTF Pre-Construction Loan Agreement ('~5~,~" CTED Contract Number S00-69100-068 Public Works Trust Fund ATTACHMENT Il: ATTORNEY'S CERTIFICATION hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attomey of the (the LOCAL GOVERNMENT); and I have also examined any and ail documents and records which are pertinent to the loan agreement, inctuding the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The LOCAL GOVERNMENT is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the obje~ives set forth in their application. 2. The LOCAL GOVERNMENT is empowered to accept the Public Works Trust Fund financial ass[stance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in exJ~ence seeking to enjoin the commencement or completion of the above-describe~ public facilities project or to enjoin the LOCAL GOVERNMENT from repaying t~e Pui~lic works Trust Fund loan extended by the DEPARTMENT with respect to suc~ project. The LOCAL GOVERNMENT is not a party to litigation which will materially affe~ As ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the LOCAL GOVERNMENT. Signature of Attomey Date Name Address - AGENDA BILL - BREMERTON CITY ~OUNCIL 1. SUBJECT: FOR AGENDA OF: ~72000 Ordinance No. ORIGINATING DEPT: Legal/Admin Services Repealing Ordinance No. 4676 ORIGINATOR: Glenna Malanca Kathleen McCluskey DATE SUBMITTED: January 19, 2000 2. ~C_L,,EARANCES: (C~mment on back if necessary) 3. EXHIBITS: ~lenn~ Ma-lane,a, ~ At~rney Kathlee~n l~cCluskey,~or of Admin services "' °~"-' dl~cal & Budget Chairman Operations Committee Chairman ENDORSEMENT~'~'INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Legal and Administrative Services Departments are recommending that Council repeal Ordinance No. 4676 in its entirety. This ordinance is modeled after the Mukilteo ordinance, which was determined to be an unconstitutional tax by the State Supreme Court in December of 1999. At the time the ordinance was adopted by the City, the Council made it clear it was aware of the pending Supreme Court action and would respond to thai ruling when filed. It is recommended that the City Council review its options after the Supreme Court rules on 1-695, which limits the City's options at this time. 8. RECOMMENDATION: Record Motion: Motion to approve the proposed ordinance, repealing Ordinance No. 4676 in its entirety, on 1 ~t reading; Pass Ordinance No. on 2nd reading, repealing Ordinance No. 4676 in its entirety. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: /~-'~ '_2> 7 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would maintain an unconstitutional ordinance that would not be implemented by staff.. This situation could create a legal conflict. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: Harbour Village Apartmems v City of Mukilteo, State Supreme Court. ORDINANCE NO. AN ORDINANCE repealing Ordinance No. 4676 which amended Chapter 5.03 and created Chapter 5.70 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: SECTION 1. Repeal. Ordinance No. 4676 amending Chapter 5.03(a), General Provisions for Regulatory Licenses and creating Chapter 5.70, Residential Rental Business is hereby repealed in its entirety. SECTION 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on the first reading this day of ,2000. PASSED by the City Council of the City of Bremerton this __ day of ,2000. CAROL ARENDS Council President APPROVED this __ day of ,2000. LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk f GlCnrta M~.~_nca.., .BE: 1.695 .......... .... Page F rom: Pat Mason <p~ f ~,~ou[,~.""~i. ~:u~ To: 'Glenna Malanca' <gmalanca@ci.bremerton.wa.us> Date: Wed, Jan 12, 2000 2:27 PM Subject: RE: 1-695 Glenna - In regard to the issue we discussed concerning Initiative 695, I am in ag.r....e~ment with your conclusion that changing and'*'0ccupat~rf'~o~u~-,~,,~ ~,-;;;~,.;e'a categoqr of businesses that were previously exctuded~weul~ constitute a t'a~ increase tha~weutd tr~ tbe~voter, app~w-~* requireme~- ot ~e 6G5._ I hope this opinion is helpful to you. Let me know if we can be of further assistance. Patdck Mason Legal Consultant ... Original Message From: Glenna Malanca [mailto:gmalanca@ci.bremerton.wa. us] Sent: Wednesday, January 12, 2000 1:26 PM To: pmason@mrsc.org Subject: 1-695 Here is a list of statutes, etc. I have compiled under my assignment. Dan Heid is working on other chapters of RCW. I will try to reach you by telephone this afternoon. Glenna 4(} AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: O~(~'~,,o,'~'v.:.{,_ _.,. FOR AGENDA OF: February ~? ,2000 Amendment of BMC 9.24 (~...~'~- ~,~o~,','~?? ORIGINATING DEPT: Police ORIGINATOR: Rob Forbes, Police Chief DATE SUBMITTED: January 26, 2000 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ,,.-~ ,t"/~, J,~'/~ Amended Ordinance Rob F?rbes, Police ChieJ~ G~e-~ha~' Ma~tanca, City Attorney Piscal & Bud~ Committee Operations Committee ENDORSEMENT~INFORMATION [-I APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Proposed amendment of BMC 9.24 to be modified and revised to reflect necessary changes to the City's needs. These changes additionally add provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-trial release. 8. RECOMMENDATION: Motion to approve Changes to BMC 9.24 as indicated on first reading. Motion to pass BMC 9.24 as indicated on second reading. Record Motion: Motion to approve changes on first reading. Motion to pas~and publish changes on second reading. o ret~ 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: IOB PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED [ ] AMENDED [ ] DAT. cou.c, 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would ultimately have no provision to assist in controlling the ongoing prostitution problem in these areas. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending BMC 9.24 and adding provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-trial release. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 9.24.020 is amended to read as follows: 9.24.020 PROSTITUTION PROHIBITED. (a) It is unlawful for any person to engage in, or agree to engage in, or offer to engage in, sexual conduct with another person in return for any form of compensation ,,~, ..... + ,~ ~ p,~$ ....... ,.,. ~ .... (b) For purposes of this chapter "sexual conduct" means sexual intercourse as defined in RCW 9A.44.010(1) or sexual contact as defined in RCW 9A.44.010(2). Section 2. Amendment. Section 9.24.040 is amended to read as follows: 9,24.040 PATRONIZING A PROSTITUTE PROHIBITED. It is unlawful for any person to patronize a prostitute. A person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding or agreement he or she pays any form of compensation fee to another person in exchanqe ~ for such person or_~o .-,',,.',..~, ,,~...,,~....,.,,+;,-,,., for a third person, to engage in sexual conduct with him or her; or (b) He or she pays or agrees to pay any form of compensation a-fee to another person pursuant to an understanding or agreement that, in return therefore, such person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her for any form of compensation a-fee. Section 3. Amendment. Section 9.24.072 is amended to read as follows: 9.24.072 STAY OUT OF AREAS OF PROSTITUTION ORDERS. (a) Stay Out of Areas of Prostitution orders, hereinafter designated as SOAP orders, may be issued by the Bremerton Municipal Court to anyone charged with any offense defined in this chapter as a condition of pre-trial release. (1) Any individual arrested or charqed with any offense defined in this chapter, shall appear for a hearing before the Bremerton Municipal Court to show cause why a SOAP order should not be issued as a condition of pre-trial release. (2) At the time the individual is arrested or charqed with any offense under this chapter, the individual shall be issued a SOAP.ORD- 1/6/00 - 1 43 RELEASE FROM CUSTODY AFTER ARREST form, to be si.qned by the individual, acknowled~inq the foliowinq: (i) The date and time of headnq; (ii) The designated areas of the City the individual will be ordered to stay out of by the SOAP order; (iii) The penalties for violatinq a SOAP order; (iv) That if the individual fails to appear at the headnq or fails to show good cause why the order shouldn't be entered, the SOAP order will be entered. (3) Any individual charqed with an offense under this chapter shall have the dght to a single one-week continuance of said heating for good-cause shown. (4) If the individual fails to show cause why the SOAP order shouldn't be entered, the SOAP order shall be entered pending tria. I. (5) If the individual fails to appear at said headnq, the SOAP order shall be entered pending tdal. (b) SOAP orders may be issued by the Bremerton Municipal Court to anyone convicted of any offense defined in this chapter. (c) SOAP orders shaft may order the person named in the order to stay out of the following described areas of the City designated to be anti-prostitution emphasis areas in order to assure elimination of all prostitution and prostitution- related activity within these areas: (1) The entire area extending from the 100 block to the 900 block of North Callow Avenue, and one block east and west of this area of North Callow Avenue; and (2) The entire area extending from the 800 100 block to the !700 2500 block of 6th Street, and one block north and south of this area of 6th Street; and (3) The entire area extending from the 600 block to the 1100 block of Park Avenue, and one block east and west of this area of Park Avenue including Evergreen Park; and (4) The entire area extending from the 600 30.0 block to the 1100 block of Warren Avenue, and one block east and west of this area of Warren Avenue. (5) Any other area found by the Judge of the Municipal Court to warrant designation as an anti-prostitution emphasis area when specifically set forth and identified in a court order naming a particular defendant. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on this first reading this day of ,2000. PASSED by the City Council of the City of Bremerton this day SOAP.ORD- 1/6/00 - 2 44 of ,2000. CAROL ARENDS Council President APPROVED this day of ,2000, LYNN S. HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk SOAP.ORD- 1/6/00 - 3 AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # 2"7'3 g, FOR AGENDA OF: February', 2000 SETTING A HEARING DATE OF MARCH 8, ORIGINATING DEPT: PW&U Engineering Div. 2000, FOR VACATING A PORTION OF SHORE ORIGINATOR: Randy Witt, City Enginee[~¥7~ DRIVE. DATE SUBMITTED: January 20, 2000 2. CLEARANCES: (comment on back i/~]~,r,~ 3. E~XHIBIT~S Director, Public Works/Utilities City Attorney ~_._~~~.. B. Site Map. City Treasurer . Director, Community Development Council Budget & Finance Committee. s,-/ , Operations Committee YOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Department of Public Works and Utilities proposes vacating a portion of Shore Drive right-of-way. Both the City and the County have inaccurately described this right-of-way in the past as a 50-foot right-of-way. The original plat for this area allows room for interpretation of the width. It has recently become evident that the right- of-way is actually 60 feet wide. Existing properties that abut this right-of-way have structures thru were built to the 50-foot right-of-way line and are actually encroaching on City right-of-way. The City Council is requested to establish a heating date of March 8, 2000, to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # ~[~ [3 setting a hearing date of March 8, 2000, for the vacation of a portion of Shore Drive. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~d~E~ID~ COUNCIL DIRECTIVE DA Il. AGENDA BILL NO: (~0 - 0,3 q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on the sla'eet vacation will not occur, and the rights-of-way will not be considered for vacation. Structures will continue to encroach on City right-of-way. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35.79 Streets 20024 RESOLUTION NO. Q"~ ~3 ~ A RESOLUTION proposing the vacation of a portion of Shore Drive along the south margin between Hayward Avenue and Ironsides Avenue. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. The City of Bremerton is initiating the vacation process for a portion of Shore Drive along the south margin between Hayward Avenue and Ironsides Avenue. 2. A public hearing will be held on March 8, 2000, at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of ,2000. CAROL ARENDS, Council President AGENDA BII~L BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~'"] '~c~, FOR AGENDA OF: Febmary~,~, 2000 SETTING A HEARING DATE OF MARCH 8, ORIGINATING DEPT: PW&U Engineering Div. 2000, FOR VACATING A PORTION OF PETERS ORIGINATOR: Randy Witt, City Enginee~--' STREET FROM POINDEXTER AVENUE DATE SUBMITTED: January 20, 2000 TO HUMPHREY AVENUE. 2. CLE~CES: (comment on backfi~,e~.,~7 3. EXHIBITS Director, Public Works/Utilities ~-nT~ ,FY ,, A. Resolution # 2 '7 ~ ~ (,,,/~/)~~ B. Site Map. City Attorney City Treasurer - - --, '~ Director, Community Development ,,~~,-7'-~'' -7~ J Council Budget & Finance Committee~J-,-~/~ Operations Committee X myoR 7 ?. COU C LPP S D N 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Charles Haselwood has petitioned the City of Bremerton to vacate a portion of Peters Street right-of-way that abuts Coca-Cola's property. This vacation includes the northwest portion of Peters Street between Poindexter Avenue and Humphrey Avenue. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. The only improvement on this right-of-way is a Puget Sound Energy' power line that serves the adjacent residential properties. The City Council is requested to establish a hearing date of March 8, 2000, to consider the proposed vacation. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # fl~7~c~ setting a hearing date of March 8, 2000, for the vacation of a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE DA 11. AGENDA BILL NO: tT)~-,, '"' C~q ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The heating on the street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets 20025 RESOLUTION NO. ~'~ 3 ~{ A RESOLUTION proposing the vacation of a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. Charles Haselwood has petitioned the City of Bremerton to initiate the vacation process for a portion of Peters Street from Poindexter Avenue to Humphrey Avenue. 2. A public hearing will be held on March 8, 2000, at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, BremertorL, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of ,2000. CAROL ARENDS, Council President Site Map o¢ Ppoposeet Vacation Peter's 5~-t;Pee-~ I AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~)Tz}O , FOR AGENDA OF: Febmary~fl, 2000 SETTING A HEARING DATE OF MARCH 8, ORIGINATING DEPT: PW&U Engineering Div. 2000; FOR VACATING A PORTION OF 12TM ORIGINATOR: Randy Witt, City Engine~ STREET AND TWO ALLEY RIGHTS-OF-WAY. DATE SUBMITTED: January 20, 2000 2. CLEARANCES: (comment on back)~n,~'..v-- --' 3. EXltlBITS Director, Pubhc Works/Utilities /M~.~_..7./-~.../T~_., A. Resolution # ;~),.'? fO City Attorney . .(~~ ~1~,, '~~..... B. Site Map. City Treasurer ~ ",-,.,.~, ~ Director, Commtmity Development ~ ,~_~_-~,-/ ~ . Council Budget a Finance Cormmttee/~~~ , ~' Operations Committee ENDORSEMENT ,X y~TION APPROVED BYCOUNCILP_RESIDENf~FO)SUBMITTAL: MAYORi~ COUNCIL PRESIDENT ~.~. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has initiated the vacation process for portion of 12m Street between Elizabeth Avenue and Park Avenue. and two alleys south of 13® Street and west of Park Avenue. These Rights-of-Way are currently undeveloped for access purposes, but a building and parking lot exist on portions of these rights-of-way. The adjacent property is owned by the City and leased to the Kitsap Community Action Program. The City Council is being requested to establish a heating date of March 8, 2000 to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution #,~'7~0 setting a heating date of March 8, 2000, for the vacations of portions of 12~ Street and 2 alleys south of 13~' Street and west of Park Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED __ A~N]~E~[___f ll COUNCIL DIRECTIVE DATE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The hearing on thc street vacation will not occur, and the rights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCI/V 35. 79 Streets 20029 RESOLUTION NO. ~0 A RESOLUTION proposing the vacation of a portion of 12th Street between Elizabeth Avenue and Park Avenue, and two alleys south of 13th Street and west of Park Avenue. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. The City of Bremerton is initiating the vacation process for a portion of 12~ Street between Elizabeth Avenue and Park Avenue, and two alleys south of 134 Street and west of Park Avenue. 2. A public hearing will be held on March 8, 2000, at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of .2000. CAROL ARENDS, Council President o~'-~r . " ~ ~ ~ ' ' ~'- ~.~ - ':' ~ I ' ' ............. 009-02 o,~-oo ' //oo,_o, .... ' ~,' '"o,, .: ~ ~-'~ ~ ~ ~" ..... / ~ ~ ~ ~'~-" ~ ~ oo~-oo }~ : ! 0~8 i ~, oo? ~~~~ ~-,~~-:7":'- -I:, 1 020 i ~'~' 0 O0 ~ ...... -~-~ _OZ ___ ~"-~ 1 . .h ' ; - ~-- ~ ' ~ ~ ..... ~ ~ ~4 q 003~ ' 01~-00 '-. 003-00' ' ,_ - " I~'' ~~~~~ 3 - - Z-~ t ~' ~ ~o ,''"~- -- ~-~ -. _,~- .- _ _ ~ _ ~0~00. ,~- . -.;~ .., . _ .- .....', ...... ~o~ ~C ..... : u · ~'~ ~ .' 0'"'-'" ~I l.o - · _ .... ; __ ;'. Q , ~ i '-..--.~---~.; ....... I ~.~t~ ( AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~'?'~[., FOR AGENDA OF: February 9, 2000 SETTING A HEARING DATE OF MARCH 8, ORIGINATING DEPT: PW&U Engineering Div. 2000, FOR VACATING A PORTION OF ORIGINATOR: Randy Witt, City Enginee~ CHESTER AVENUE. DATE SUBMITTED: January 20, 2000 2. CLEARANCES: (comment on back/~n~ 3. EXItIBITS Director, Public Works/Utilities JJ~,~,p-,~5552~ ~. ~on # 74-1 City Attorney (3/~/~~,_ B. Site Map. City Treasurer ----'~7-f,' '~, ~ ~ Director, Community Development ~, ,~..... '~-'-'~ ~ Operations Committee X PROV D Y OU C P FOR U TT L: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Richard Sollom has petitioned the City of Bremerton to vacate a portion of Chester Avenue right-of-way that abuts his property. No other properties abut this portion of the right-of-way. The vacation will eliminate a piece of undeveloped right-of-way and will increase the buildable area of the abutting property. A portion of the proposed area to be vacated has been maintained as landscaping and the adjacent property owners have used a portion as gravel shoulder parking. The City Council is being requested to establish a heanng date of March 2000 to consider the proposed vacations. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: That the City Council pass Resolution # 5'7 ~ setting a hearing date of March 8, 2000, for the vacation of a portion of Chester Avenue north of 1 lt~ Street. 9. RESPONSIBLE OFFICIAL: Ciw Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED Al~bTr~El)4 l/k,..l COUNCIL DIRECTIVE DATE: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Thc hearing on thc street vacation will not occur, and the fights-of-way will not be considered for vacation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. t3udgct: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 [~acation of Public Rights-of-V~ay RCV~ 35. 79 Streets 20028 RESOL ION NO. A RESOLUTION proposing the vacation of a portion of Chester Avenue north of 11 th Street. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL THAT: 1. A petition has been received to vacate a portion of Chester Avenue along the east margin from 11 th Street north 120 feet. 2. A public heating will be held on March 8, 2000, at 6:00 p.m. or later at the Bremerton City Hall, 239 Fourth Street, Bremerton. Washington, to take public comment or consider written objections to the vacation. PASSED by the City Council of the City of Bremerton This day of .2000. CAROL ARENDS, Council President