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HomeMy WebLinkAbout06/28/00 AGENDA CITY COUNCIL MEETING AGENDA JUNE 28, 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 A. Minutes of Meeting - June 14, 2000 (#AB00-151) ~ 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. Amendment to Professional Services Agreement for Insurance Broker Services ~ (#AB00-152) B. Bid Award for Irrigation Supplies for Ivy Green Cemetery (#AB00-153) c~ { C. Request for Negotiated Sale of Surplus Property (#AB00-154) ~ ~ 10. RESOLUTIONS A. Resolution No. 2760, Authorizing HUD Loan Repayment for Admiral Theater; ~-7 and Budget Adjustment No. 00-14 (#AB00-155) 11. PUBLIC HEARINGS (6:00 P.M. or AS SOON AS POSSIBLE THEREAFTER...) A. Public Hearing and Ordinance No. 4715 (Second Reading), Establishing Additional Fire and Life Safety Requirements for Existing Multi-Family LPS-' Residential Buildings (#AB00-150) 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: JU/4E 28, 2000 ORIGINATING DEPT: CITY 60UNCI L MINUTES OF MEETING- June 1/4, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: JUNE 16, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION~ APPROVED BY COUNCIL PRESIDENT FOR SUBMI-FFAL: MAYOR: COUNCIL PRESIDENT: 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 AME~D~j~__ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: (..)O--I% I 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 #1708 & 1709 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES June 14, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, June 14, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Coundl members present were Conrad Esser, David Fan', Mike Shepherd, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council Member Jim Reed was absent. Also present were City Attorney Glenna Malanca, Acting City Clerk Rich Hanna, and Council Assistant Christine Grenier Ellingson. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation given by Pastor Sam Rachal, Jr. of Mt. Zion Missionary Baptist Church. President Arends made the following announcements: (1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council business; and (2) City Council will hold a Study Session immediately following the Council meeting tonight, in the Council Conference Room, to discuss "Proposed Membership Fees for the Senior Center, and Pendergast Park Usage"; The second Study Session to "Refine Categories for City Council Goals & Objectives; and to Approve Letter of Direction to the Mayo/' has been cancelled. CONSENT AGENDA A. Minutes of Meeting - May 31, 2000 (#AB00-144) B. Minutes of Meeting - June 7, 2000 (#AB00-145) #0030 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. #0050 M/S/C/U (Law/Farr) On June 14, 2000, the Council does approve for payment those vouchers included and further described as follows: 242231 through 242438 in the amount of $482,143.44. COUNCIL MEMBER REPORTS David Farr announced that Anderson Cove Advisory Committee has elected its members and will be holding a "Day of Caring" this Friday, 9:30 A.M.-3:30 P.M. at the Community Garden located at 2220 Anderson Avenue, which is sponsored by Windermere Realty. Ed Rollman announced the next District 4 Neighborhood Meeting would be held on Thursday, June 29t~, 7:00-8:30 P.M., at the Washington Mutual Building located on the corner of 6th and Pacific Avenue. The topics will include "Your Views on Success and Progress in the City" and "Where Do You Want the City to Go", and "Discussion on Solid Waste Survey". He encouraged citizen involvement in their City government. John Law reported on the District 3 meeting held on Tuesday, June 13, 2000, at the Senior Center, where citizens participated in an open discussion on issues of their choice. He thanked Bob Tulp, Public Works Operations Manager, for providing in depth information regarding right-of-way and explaining concerns at the meeting. TAPE #1708 & 1709 City Council Reg. Mtg. Minutes June 14, 2000 Page 2 of 5 Mike Shepherd encouraged public safety during summer vacation. MAYOR'S REPORT Mayor Horton read a Proclamation to proclaim Wednesday, June 14, 2000 as "Flag Day"; and Thursday, June 15, 2000 as "Ralph Munro Day" which was accepted by Ed Wolfe, President of Bremerton Chamber of Commerce. Honora Reinhardt, recipient of the Rotary Club Jim Shank Memorial Scholarship, read her winning essay "From Boredom to Beautification", about "connecting youth with our community" by establishing a teen volunteer corp. in Bremerton to rehabilitate neglected and Iow income properties. Ed Wolfe and Tom Long, Co-Chairs of the Rotary Club Youth Committee, presented Honora with her award. Fire Chief A1 Duke introduced the staff to be promoted and Mayor Horton administered the OA TH OF OFFICE during a Swearing-In Ceremony for Lieutenant Michael Sechre~t; Lieutenant Todd ~' Firefi~Thter Brian Marceau; Firefio_hter Michael Lande; Firefi~_hter/Paramedic Vi~fcent Hlava~_ ; Firefi~Thter/Paramedic Michael Six; and Firefio_hter/Paramedic Jeffre_v Prichard. LEGISLATIVE REPORT - There was no report for this meeting. PUBLIC RECOGNITION Buck King, Kitsap County Foreign War Veterans Association, presented a certificate of appreciation to Mike Shepherd for his contributions to the organization. He also commented on the speeding traffic on 1st& Burwell Streets, and requested increased patrols. Louis Mentor proposed that the change-of-government issue be considered Carol Atkinson of Main Street Association, announced the "Concerts on the Boardwalk" bands scheduled for each Friday during July, from 6:00 to 8:00 P.M., and thanked several sponsors, including Ace Paving, Fred Meyer, East Bremerton Rotary, Bremerton Sun, Port of Bremerton, Puget Sound Energy, and Brackard-Middleton. Keith Hoofnagle, Steven Lowrimore, and Mary Sump, members of the Anderson Cove Advisory Committee, provided a copy of their recent newsletter, and expressed their appreciation for the clean- up plans for Anderson Cove properties where there has been a history of slumlords and drug activities. Jeannie Johnson was specifically thanked for her efforts and role in this process. Karl Urseth provided a letter to express his concern that the handicap access ramps are not operated after 7:30 P.M. at the Bremerton ferry terminal. He asked the Mayor and Council to contact Washington State Ferries and insist that the ramps are kept open during all hours of ferry operation. 9A- ALLOCATIONS OF HOME FUNDS (#AB00-146): Debbie Peavler Stewart, Administrative Analyst for the Department of Economic Development, stated that as a member of Kitsap County HOME Consortium, the City of Bremerton receives an annual allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand the supply of safe, sanitary and affordable housing for Iow-income persons. Within the City of Bremerton, over 60% of the properties are renter-occupied. This percentage is severely disproportionate to the national average of 35% renter occupied units. In order to increase the number of owner occupied properties, the City of Bremerton has developed a policy stating that HOME funds will primarily be used to support homeownership activities within the City. The following are requests for HOME funds: TAPE #1708 & 1709 City Council Reg. Mtg. Minutes June 14, 2000 Page 3 of 5 · Community_ Resource Center requests $145,680 to continue their existing program that was initially funded in 1996. Funds will be used to assist 15 Iow and moderate-income persons or families to acquire, and rehabilitate properties within the Bremerton City limits. The funds are loaned to the family and are paid to a revolving fund that is administered by CRC. · Bremerton Housing Authority_ requests $80,000 to be set aside to provide a match for 40 Iow income families who establish Individual Savings Accounts (ISA) and, over a period of time period, usually 3 years, save funds to purchase a home. HOME funds would be used as a grant to match participant deposits dollar for dollar. A full time financial counselor will be working with the participants throughout the savings pedod to establish sound financial management skills. · The Economi(; Development Department requests $75,000 for the existing homebuyers assistance program. Between 50 and 60 homebuyers are assisted each year. The program currently is utilizing program income to operate and funds are being depleted. The requested funds will allow staff to continue this program without interruption. There were no comments from the public. Wayne Olsen left the meeting at 6:15 P.M., and returned at 6:17P. M. Mr. Fart asked if advertising for the programs has been adequate with respect to drawing potential homebuyers. Ms. Pearler-Stewart replied there was extensive advertising, but the real threat is misinformed people believing homeownership is impossible, and that there is no assistance available. #1550 M/S/C/U (Shepherd/Law) Move to authorize allocation of funds in the amount of $145,680 to CRC, authorize a set aside of funds in the amount of $80,000 for Bremerton Housing Authority ISA Program and authorize $75,000 for the City housing program. 10A - ORDINANCE NO. 4713 !SECOND READING), AMENDING CHAPTER 21.02 OF THE BREMERTON MUNICIPAL CODE. APPROVING AMENDMENTS TO THE ZONING CODE; AND AUTHORIZING THE EXTENSION OF TIME PERIOD IN DEVELOPMENT AGREEMENTS (#AB00- 143): The first Reading of this ordinance was provided at the Council Meeting on June 7, 2000. There were no comments from the public. #1650 M/S/C/U (Farr/McConnell) Move to pass Ordinance No. 4713 on second reading, amending Chapter 21.02, by providing for the extension of time periods, through development agreements, for project approvals and permits, including Planned Unit Developments. 11A- PUBLIC HEARING AND RESOLUTION NO. 2758, REGARDING RECOVERY OF FEES FOR SECURING THE BUILDING ON THE PROPERTY LOCATED AT 1226 6TM STREET, #AB00-147: Janet Lunceford, Building Development Specialist ]:I, summarized that in February of 2000, neighbors reported vagrants were occupying the vacant house located at 1226 6t~ Street. An inspection of the site verified the allegation, and an abatement order was issued allowing the owners of record, Ocwen Federal Bank, until March 6, 2000 to secure the building against entry. The abatement order was faxed to Ocwen on March 3, 2000. There was no action taken by the owners, and the City secured the building on March 15, 2000. The cost of this action, including administrative fees, totaled $1,825.60. There were no comments from the public. TAPE #1708 & 1709 City Council Reg. Mtg. Minutes June 14, 2000 Page 4 of 5 Mr. Esser asked what measures will be taken to contact Ocwen Bank to ensure the fees will be paid, and also asked what process was in place to prevent repeat occurrences. Ms. Lunceford explained that this lien will become a "tax lien", meaning the fees must be paid at the time the property taxes are due, with interest. She confirmed that the power to the house has been turned off, and that the neighbors would be watching the building closely to ensure that it remains secure. Mr. Fart asked how long a building could be boarded up and vacant before the abatement process could be pursued. MS. Lunceford replied that the Uniform Code for Dangerou~ Building~ allows a building to stay vacant for 6 months, as long as the buildin9 is secure. After that, the building is considered "abandoned", and can be abated again as a "Dangerous Building", with steps taken to demolish it. Mr. Rollman pointed out this building was abandoned for a couple years, and asked for clarification on the conditions that allowed for an abatement. Ms. LuncefQrd confirmed the building was vacant for a couple years, but indicated that the building was not vandalized until recently. She explained that if a building remains vacant, but is not being vandalized, there is no violation. #1865 MISICIU (Rollman/Olsen) Move to pass Resolution No. 2758, order that the fees incurred for securing the building at 1226 6"~ Street be collected as reasonable abatement costs, and become a lien against the property. 1 lB - PUBLIC HEARING AND RESOLUTION NO. 2759. REGARDING RECOVERY OF FEES FOR REMOVAL OF VEGETATION ON THE LISTED PROPERTIES. #AB00-148: Janet Lunceford, Building Development Specialist [I, reported 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 list of properties contained in the Council Information Packet is currently in violation of the ordinance (several pictures of the violations were provided). Pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to approve the removal of the nuisance vegetation on the properties, and collection of the costs incurred by personal judgement against the owner and a lien against the property. It was announced that several properties set for abatements have since been completed, and are now in compliance, and may be removed from the list. Those listed properties are as follows: 328 S. Hartford; 2530 N. Lafayette; 1112 N. Montgomery; 602 Sheridan Road; 2137 7~h Street; Vacant Lot East of 2137 7th Street; and the Vacant Lot located at the 2000 Block East 18th Street There were no comments from the public. #2025 M/SIC (Farr/Rollman) move to pass Resolution No. 2759, 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 judgement against the owner and a lien against the property. Voted in favor of this motion: Farr, Esser, McConnell, Law, Rollman, Shepherd, and Arends Voted opposed to motion: ©lsen Motion carried: 7-Yes; l-No. 11C - PUBLIC HEARING AND ORDINANCE (FIRST READING) APPROVING DEVELOPMENT AGREEMENT OF OLYMPIC PROPERTY GROUP FOR THE WEST HILLS PROJECT. #AB00-149 Bill Palmer, Interim Director of Community Development, emphasized that Resolution No. 2599 TAPE #1708 & 1709 City Council Reg. Mtg. Minutes June 14, 2000 Page 5 of 5 passed on March 14, 1997, provided initial approval to extend the project for a 15-year period. In addition to other terms, all of the original conditions of project approval have been incorporated by reference into the proposed Development Agreement, which received Planning Commission approval on Apdl 18, 2000. He added that this agreement adds clarity to the conditions of project approval. Jon Rose, Vice-President of the Olympic Property Group, explained the necessity for the extension, then provided a presentation on the details of the project for the 270-acres located in the West Hills area, including the history, environmental, and legal information for the project area. Mr. Shepherd left the meeting at 6:32 P.M., and returned at 6:41 P.M. Mr. Farr left the meeting at 6:43 P.M. and retumed 6:46 P.M. There were no comments from the public. Mr. Fart had specifically requested ahead of time for a list of mutually agreed upon "milestones" from the Developer that would be used to show an on-going, measurable level of effort, and expressed his disappointment that such a list was not provided. Mr. Rose responded that he understood the importance of "milestones", but asked Council to look at the company's track record. He provided a handout to the Council, which outlined the achievements and expectations of Olympic Property Group, and summarized that over $880,000 has been invested in this project, including $472,000 in City sewer and water main construction costs, adding value to the property. He further pointed out that $125,000 in property taxes has also been paid, and that the City has also invested significant time and energy reviewing and approving the project. Mr. Esser appreciated the interest for this project in the City, but suggested that they provide preliminary benchmarks by second reading. TAPE #1709 MS. Malanca noted that the before second reading, additional documentation, including milestones, could be crafted without violating the text of the ordinance as read in first reading. Mr. Rose provided clarification on their level of participation in street improvement projects, such as traffic lights on Warren Avenue, and when such improvements might be made. He noted that the commitment is the same, except now the Developers agreed to pay interest. Mr. McConnell pointed out that the project is "for the Developer" and "by the Developer", and wanted to reach some understanding about the Development Agreement and the City's role. #1100 M/S/C/U (Shepherd/McConnell) Move to approve on first reading ordinance authorizing the Mayor to sign the West Hills Development Agreement. With no further business, meeting concluded at 7:15 P.M. Council then adjourned to the Council Conference Room for a Study Session. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CAJcg/Is c: Normal Distribution & File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Amendment to FOR AGENDA OF: June 28, 2000 Professional Services Agreement ORIGINATING DEPT: R's Ma a men For Insurance Broker Services ORIGINATOR: DATE SUBMITTED: June 2, 2000 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Current Admin. Services Contract Fiscal & Budget Operations Legal Dept. ENDORSEMENT~ IN~gRM~TION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: PRESIDENT YOR COUNCIL 4. su~Ry STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City's existing contract for broker services terminates September 30, 2000. Since ongoing services are necessary for the City to secure insurance coverage at the lowest possible cost, the City wishes to extend the contract for two additional years. The service fee will remain at $20,000 per year. 8. RECOMMENDATION: Me~ to approve the professional services contract extension with Willis of Seattle, Inc. 9. RESPONSIBLE OFFICIAL: Risk Manaqer ENFORCEMENT OFFICIAL: Risk Manager EXPIRATION DATE: 9/30/2002 REVIEW DATE: 6/1/2002 10. NOTICE OF ACTION PULLED TABLED APPROVED __ DISAPPROVED __ AMENDED COUNCIL DIRECTIVE: DATE: ~'~~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City will be without insurance broker services and will either be unable to access the insurance market or will be forced to purchase insurance on a more costly commission basis. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Broker services for 2001-2002 will be budgeted at the present level of $20,000 per year. 7. RESEARCH SOURCES: AME~~ TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON AND Wll,l,l,q OF SEATTLE, INC. This AMENDMENT #4, entered into as of the ~ day of ,2000, to the certain Agreement dated November 25, 1992, between the City of Bremerton and Willis of Seattle, Inc. for broker services is based upon the following recital of facts: 1. There is a mutual desire to amend the Agreement to extend the term during which services are to be performed by Willis of Seattle, Inc. NOW, THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do hereby agree: 1. The Agreement is extended from September 30, 2000 to September 30, 2002. 2. The City shall pay Willis $20,000 per year for the services detailed in Addendum A of the Agreement. IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first above written. WILLIS OF SEATTLE, INC. CITY OF BREMERTON Signature LYNN HORTON, Mayor ATTEST: Name (typed) KATHLEEN L. MCCLUSKEY, Clerk APPROVED AS TO FORM: Title (typed) GLENNA MALANCA, City Attorney Date Date PROFESSIONal. SERVICES AGREEMENT Broker Services THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Willis Corroon Corporation of Seattle, a Washington corporation, (hereinafter referred to as "Broker"). W I T N E S S E T H: 1. SCOPE: Broker agrees to provide the City with marketing, administrative, claims and claims management, and loss control services. Broker's services are more fully outlined in addendum "A" attached hereto and incorporated herein by this reference. 2. TERM= Contract shall commence on October 1, 1992, and will terminate September 30, 1995. 3. COMPENSATION: City shall pay Broker the sum of Twenty Thousand Dollars ($20,000.00), in equal monthly installments, for the services provided hereunder. Any and all commissions received by Broker from insurance companies for business placed on behalf of city will be accounted for, disclosed to City, and credited to City's account within thirty (30) days of their receipt by Broker. Broker further agrees to credit any excess commissions to City within thirty (30) days of their receipt by Broker. The term "commission" shall not mean contingent or volume bonuses shared by the insurance carriers or wholesalers on Broker's overall book of business. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Broker is a firm skilled in matters pertaining to insurance services and will perform independent functions and responsibilities in the area of its particular field of'expertise. Broker and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Broker shall work under the direction of the Risk Manager. 5. OTHER PROVISIONS: A. It is understood and agreed that one basis for the selection of Broker by City was the designation of two (2) particular account executives. Broker agrees that it will not substitute said account executives for other account executives without the express prior written approval of City. Broker further agrees to provide another account executive in the event it is requested to do so by City. Said replacement account executive shall be someone who has obtained the prior approval of the City. B. Broker understands in its marketing of City's insurance that City desires the right to select and/or approve City's claims PROFESSIONAL SERVICES AGREEMENT --1-- Broker. PSA - 10/16/92 I ( adjustors and legal representatives. C. 'Account executives will meet with City on a regular basis to include at least quarterly meetings unless waived by the Risk Manager. Account executives agree to meet on an as needed or as required basis with the City's Risk Manager or other designated representative. 6. INDUSTRIAL INSURANCE: Broker agrees to provide for State industrial insurance coverage for its personnel as required by State law. 7. LICENSE AND TAXES: Broker shall possess a current Bremerton Business License and any regulatory license required to fulfill Broker's obligations under this Agreement. B & O taxes shall be paid when due and Broker, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 8. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Broker under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Each of the parties (City and Broker) shall, at all times, be solely responsible for the acts or the failure to act of its personnel that occur or arise in any way out of the performance of this contract by its personnel only and to save and hold the other party and its personnel and officials harmless from all costs, expenses, losses, and damages, including cost of defense, incurred as a result of any acts or omissions of the parties' personnel relating to the performance of this contract. 9. GENERAL CONDITIONS: a. Reports and Information - Broker will maintain the usual written records customary in the business of an insurance broker to include, but not be limited to, records of policies, premium audits, loss data and other pertinent correspondence which affects the coverage hereunder. These records will be maintained for a minimum of seven (7) years subsequent to September 30, 1995. b. Assignability - Broker shall not assign any interest in this Agreement and shall not transfer any interest in same (whether by assignment or novation), without the prior written consent of the City thereto; Provided, however, That claims for payment under this Agreement may be assigned. PROFESSIONAL SERVICES AGREEMENT -2- Broker. PSA- 10/16/92 c. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There is attached hereto and incorporated by reference as part of this Agreement as Addendum "A" Services Provided. d. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. e. Notices - Any notices required to be given by the City to Broker or by Broker to the City shall be in writing and delivered to the parties at the following addresses: Risk Manager Willis Corroon 239 Fourth St. P.O. Box 34201 Bremerton, WA. 98310 Seattle, WA. 98124 f. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. g. Compliance with State, Local and Federal Laws - Broker agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. h. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. i. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, city will be entitled to reports showing the status of all matters upon which Broker is advising the City as of the effective date of termination. In the event of termination of this Agreement, Broker shall remit to the City a pro-rated portion of the annual fee based upon the remaining months left in this Agreement. 11. NONDISCRIMINATION: Broker shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a PROFESSIONAL SERVICES AGREEMENT -3- 8roker.PSA - 10/16/92 I~ bona fide occupational qualif$cation. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. WILliS COCOON CO O TIO Date: //~ ~/-~ ~ BY: ~.~/.~/~~ /~ BY:,~ LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk DEPARTMENTAL APPROVAL: AS TO FORM: IEVERS, City Attorney PROFESSIONAL SERVICES AGREEMENT -4- 8roker. PSA- 10/16/92 Broker agrees to provide the City with the following service: 1. Develop and recommend to the City, insurance and other risk financing or loss funding programs, contracts, techniques and methods whenever they will benefit the City. 2. Develop underwriting information, prepare specifications for marketing insurance coverage, structure offerings to insurers and secure insurance desired, providing an analysis of coverage scope, cost and services. Developing underwriting information is to include an analysis of City's possible exposure to risks of loss. A copy of the specifications shall be presented to the City. 3. When possible, design insurance policy wording to meet the specific needs and requirements of the City. 4. Review each insurance police, binder, certificate or other insuring document to see that wording is complete and accurate and that coverage is in compliance with specifications. Deliver binders and insurance policies to the City as soon as possible. 5. Monitor all insurance and other risk financing or loss funding arrangements to assure their continuing adequacy in terms of cost and protection. 6. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide the limits or amounts of coverage requested by the City. 7. Service each policy issued to the City (i.e., process changes and endorsement). 8. Issue Certificates of Insurance as requested by City. 9. Maintain the usual written records customary in the business of an insurance brokerage operation, as well as any other records which the city may deem necessary to the proper handling of and accounting for the insurance placed by the Broker. 10. Be available for consultation on a daily basis in carrying out the obligations set forth in this agreement. 11. Verify the accuracy of each invoice. Broker 'shall make every reasonable effort to assure that all billings sent to the City are correct. Each invoice shall show: a. Insurer b. Policy Number c. Policy Period d. Coverage Provided 12. As requested by the City, assist in the development of insurance and hold harmless clauses for City contracts. 13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in negotiating settlements and in pursuing payment. 14. Provide answers to City on insurance coverage and risk management questions. 15. Obtain competitive insurance quotations from various insurers when feasible. ADDENDUM "A" -1- 8roker. PSA- 10/13/92 16. As requested, provide studies of alternative loss funding plans including, but not limited to, captive feasibility, bonding feasibility, SIR/limits determination and retention level studies, and loss frequency and severity projections. 17. Attend meetings with City as required. 18. Assist with and make recommendations on various risk management functions of city, as requested. 19. Provide city with semi-annual activity reports on the performance of the Broker function. These reports shall detail the progress and status of all work required under this Agreement. 20. Provide early warning of pending rate, coverage or renewal problems, including significant changes in the financial status of major insurers. Without limiting the generality of the above- responsibility, Broker shall issue, at least ninety (90) days prior to each insurance policy expiration or anniversary, a written report stating anticipated renewal terms and conditions, and stating any intentions or requirements to change insurance coverage in any way. Broker shall further keep City informed on new or changing markets, forms, products, laws, government regulations and any other information that may affect the risk management function, as known or should be known according to industry standards by Broker. Periodic reports will be given thereafter by the Broker to keep the City's risk management office fully informed on status of such renewals or anniversary changes. 21. Act as liaison with insurance companies. 22. Provide annual updating of the City's insurable value. 23. Assist City in the settlement of self-administered claims. This service may include the monitoring of particularly severe claims by the Broker or its claims' service affiliates so as to provide assistance to City's Risk Manager in negotiating settlements or establishing a defense strategy. 24. Assist City in obtaining settlement from the insurance carrier for those losses which are not self-administered. 25. To the extent not provided by a third party administrator, Broker agrees to provide reports to the City, indicating all claims' activity including, but not limited to: (1) Name of client; (2) Date of occurrence; (3) City's assigned claims number; (4) The department within the City responsible for said claim; (5) Current status of each claim; and (6) Amounts paid and reserved by City in said report. Broker further agrees to provide trends in losses. 27. In consultation with the Risk Manager, Broker will develop specific loss prevention recommendations for City government and provide assistance to Risk Manager in development of loss prevention seminars in selected areas. 28. Broker shall monitor the loss control services provided by the insurance carrier or service company. Broker further will monitor all inspection reports. ADDENDUM "A" -2- 8roker. PSA - 10/13/92 29. Assist the City with environmental loss control services by reviewing projects and programs and making recommendations for proper respiratory, medical, air monitoring, substance removal, recordkeeping, and training requirements. Provide project site audits as necessary. ADDENDUM "A" -3- 8roker.PSA- 10/13/92 PROFESS ION~L SERVICES AGREEMENT BETWEEN CITY OF BREMERTON This AMENDMENT #1, entered into as of the ~ day of ~~ 1995, to the certain Agreement dated November 25, 1992, between the City of Bremerton and Willis Corroon Corporation of Seattle for broker services is based upon the following recital of facts: 1. There is a mutual desire to amend the Agreement to extend the term during which services are to be performed by Willis Corroon Corporation of Seattle. NOW, THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do hereby agree: 1. The Agreement is extended from September 30, 1995 to September 30, 1996. 2. The city shall pay Willis Corroon Corporation $20,000 for the services detailed in Addendum A of the Agreement. IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 as of the day and year first above written. WILLIS CORROON CORPORATION CITY OF BREMERTON OF SEATTLE S ature LYNN HORTON, Mayor ATTEST: James R. Kesl Name (typed) KATHLEEN L. MCCLUSKEY, Clerk President & CEO APPROVEI1 AS/TO FORM: Title (typed) IAN SIE~ERS, City Attorney 8/30/95 % Date Date AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BE'IINEEN CITY OF BREMERTON AND WILLIS CORROON CORPORATION OF SEATTLE This AMENDMENT #2, entered into as of the_ day of ~ ,1996, to the certain Agreement dated November 25, 1992, between the City of Bremerton and Willis Corroon Corporation of Seattle for broker services is based upon the following recital of facts: 1. There is a mutual desire to amend the Agreement to extend the term during which services are to be performed by Willis Corroon Corporation of Seattle. NOW, THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do hereby agree: 1. The Agreement is extended from September 30, 1996 to September 30, 1998. 2. The City shall pay Willis Corroon Corporation $20,000 per year for the services detailed in Addendum A of the Agreement. IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first above written. WILLIS CORROON CORPORATION CITY OF BREMERTON OF SEATTLE LY~,IN HORTON, Mayor ATTEST: James R. Kesl ~------..~ ~~ Name (typed) KATHLEEN L. MCCLUSKEY, ~Clerk President and CEO APPRO~VED AS TO FORM: Title (typed) q___ _../'~.~'~ lAN SIEVERS, City Attorney Date Date AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF BREMERTON WILLIS CORROON CORPORATION OF SEATTLE entered into of the This //3, as day of ~., 1998, to the certain Agreement dated November 25, 1992, between the City of Bremerton and Willis Corroon Corporation of Seattle for broker services is based upon the following recital of facts: 1. There is a mutual desire to amend the Agreement to extend the term during which services are to be performed by Willis Corroon Corporation of Seattle. NOW, THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do hereby agree: 1. The Agreement is extended from September 30, 1998 to September 30, 2000. 2. The City shall pay Willis Corroon Corporation $20,000 per year for the services detailed in Addendum A of the Agreement. IN WITNESS TlqEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first above written. WILLIS CORROON CORPORATION CITY OF BREMERTON OF SEATTLE Signature Lh~'N HORTON, Mayor ATTEST: Michael B. Gano Name (typed) KATHLEEN L. MCCLUSKEY, Clerk President & CEO APPROVED AS TO FORM: GLF~A'~V~ANCA, City Attorney Date Date AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June 28, 2000 Bid Award for Irrigation Supplies for ORIGINATING DEPT: Parks & Recreation Ivy Green Cemetery ORIGINATOR: Jodi Wroblewski, Assistant Director DATE SUBM1TYED: June 14, 2000 2. CLEARANCES: 3. EXI:i~ITS: (Comment on back if necessary) /~, //_ Parks & Recreation Director: Z'/)~/~'~'~ ~.~//~ * Bid list City Treasure~ Purchasing Manager ~ ~~ Fiscal & Budget Committee: Operations Committee: ~ ENDORSEMENT ~f INFORMATI N APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened on Monday, February 14, 2000, for irrigation supplies at Ivy green Cemetery. Two (2) bids were received (see attached). Low bidder was United Pipe and Supply fi.om Tacoma, WA. Lump sum bid amount was $ 32,568.46. The total contract amount, including Washington State Sales Tax, is $ 35,239.07. Funding for this project was established by Budget Adjustment No. 00.12, enacted by City Council on May 17, 2000. 8. RECOMMENDATION: ~t the City Council approve this low bid of United Pipe and Supply, in the amount of $ 35,239.07, including Washington State Sales Tax, and authorize the Mayor to execute the contract for the purchase of the irrigation supplies, subject to 'City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: Cris Gears, Director ENFORCEMENT OFFICIAL': Cris Gears, Director EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED__ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: (~ ~ [ ~ ,.~ o21 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The City Parks and Recreation Departmem would not be able to install the irrigation system at Ivy Green Cemetery. Staffwould continue to manually irrigate the Cemetery. 6. IMPACT ON STAFFING~ BUDGETS~ ,FACILITIES: EQUIPMENT OR OTHER RESOURCES: The installation of the irrigation system will reduce the labor associated with manually irrigating the Cemetery, and will make a more efficient use of irrigation water. 7. RESEARCH SOURCES: CITY OF BREMERTON BID TABULATION DATE OPENED: _~ - iq'- ©© TIME OPENED: ~ 'Sa RECORDED BY ~ I-t_ ~L~___ BIDDER, CD ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX TOTAL ....... ,. .,,., ,, , , , ~c'_ , -"~'?"~"s~~ i ~,~"~ ....... 'i""" ~'~:':"':'~ ' ........... ~o~~'~'~ '' ........ IVY GREEN CEMETERY IRRIGATION PROJECT SOURCES & USES OF FUNDS · SOURCES OF FUNDS Fund 112 - Parks Capital $ 35,240.00 (Refer to Budget Adjustment No. 00-12, enacted on May 17, 2000) Total Sources $ 35*240.00 · USES OF FUNDS Estimated project: $ 35,240.00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: June 28, 2000 ORIGINATING DEPT: Public Works/Util. SURPLUS PROPERTY (Parcel #3) DATE SUBblrFTED: June 20, 2000 2. CI~ARANCES (comment on b~ky~./y~): 3. EXHIBITS: Director PW&U ,~g.~/~-Z~cj~/O I) Agenda Bill Approving Surplus City Attorney ,. (~_4~.~t~~ 2) Map Director Admin. Services ' ~ ~L,.~ 3) Review of Properties Memo City Treasurer ~ ~ ~0~n...~_..[4--- 4) BMC 2.78.030d Purchasing l~xanager ~~:~a~.~- ~ ~,~" 5) Appraisal Operations Committee Fiscal & Bridget Committee . -~a~~-~ ' ENDORSEMENT X~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Property described as a portion of the SE 1/4 SW1/4 Section 31, Township 24 North, Range I East, lying south of State Highway 3 and also identified as a portion of Kitsap County Assessor's Tax Parcel 312401-1-001-2007 was declared surplus by City Council action on May 24, 2000. Exhibit 3 contains a report recommending a negotiated sale of this 0.22 acre parcel to Alpine Evergreen Company, Inc., the abutting landowner. BMC 2.78.030d provides for the sale of surplus property to an (continued page 2) 8. RECOlVIMENDATION ~.~.~t~er~to approve the sale of the above described parcel described in the above exhibits to Alpine Evergreen Company, Inc. for the appraised price of $2,000 per established policies and procedures. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 1 2. CI,F, ARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCH_~ ACTION (continued from page 1) abutting landowner. This parcel meets the conditions for this type of sale. An appraisal has set the value of this parcel at $2,000. It is recommended that City Council approve the sale of this property to the abutting landowner, Alpine Evergreen Company, Inc. for the appraised value of $2,000. 5. IMPACT ON NON-PASSAGE: Water Utility retains ownership of property previously declared surplus. Water Utility does not receive benefit of revenue from sale of property. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: N/A Budget: Revenue generated from sale. Facilities/Equipment: N/A 7. RESEARCH SOURCES: BMC Chapter 2, Section 78 Financial Policy: Real Property Surplus, Sale and Acquisition (Index 1-20-03) Richards & Associates Appraisal, June 12, 1997 AGE~A B~L 1. S~~: FOR AGE~A OF: ~hY 2~, 2~ P~C ~G O~G~ATO~ F~ M~er ~Q~ ~ ~LUS W~R ~ PROPER~S DA~ ~~: May 2, 2~ 2. CLEARANCES (comment on ba~,~~)ff ry): 3. EXHIR~: Director PW&U ~,,.",.. ~ 1) Map Depicting Area/Properties City Attorney ~ 2) Listing of Properties City Treasurer ~-~~~. 3) Public Notice Pm-chasing Manager ~.Co .... ~ .,/ 4) Utility Land Management Plan / Addendum Fiscal & Budget Committee~/~'Xl,~2~/~,~)~a~t 5) "Review of Water Utility Propertie~ · I Proposed for Surplus'l MEMO ENDORSEI~NT /~ INFOR~TION ' APPROVED BY COUNC~ PRES1[DgNT FOR SUBI~AL: 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Public Works & Utilities staffhas identified four propc'~ty parcels currently owned by the Water Utility that are not required for present or future water supply or operations use. These properties have previously been identified in the 1996 Utility £anar. Management Plan and/or the subsequent Land Use Guidelines ~lddendum for surplus. City Council action is requested to declare these properties surplus and authorize the sale or exchange of these prope~ies per e~'tablished procedures. The properties affected are depicted in Exhibit 1, and specifically identified by tax ID number and legal deschption in Exhibit 2. (¢ontinned l~ge 2) 8. RECOMMENDATION Move to approve the surplus ofthe properties shown in Exhibits (1) and(2). Final disposition.of properties will be subject to City Council approval. 9. RESPONSIBLE OFFICIAL: ENFORCEME/qT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED ~ TABLED __ APPROVED~ DISAPPROVED -- AMENDED COWNCIL DIRECTIVE: ~ ~_.~- ~ ~_~~L~ DATE: 11. AGENDA BILL NO: ~O 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL.ACTION (mmtinned from p~ge 1) The public notice that will be sent, :E:-_-~ Cz~_~.". -rr, ~,.~; ~:,;-. , is provided in Exhibit 3. BMC Chapter 2, Section 78 dictates policy and procedure to surplus City property. 5. IMPACT ON NON-PASSAGE: Water Utility retains ownership of properties not required for water supply and operations. Water Utility does not receive benefit of revenue or value for exchange. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: N/A Budget: Revenue generated fi.om sale or va~ue for exchange. Facilities/Equipment: N/A 7. RESEARCH SOURCES: BMC Chapter 2, Section 78 Financial Policy:. Real Property. Surplus, Sale and Acquisition (Index 1-20-03) ' "' Utilit3, Land Management Plan Land Use Guidelines Addendum 2 C~W of Bremen:on Uuh~ Land Mana~ment Plan Map of ~nd Acquisition ...... ' Emnomic & Engin~ing S~c~, Inc' '" · ~G , ~ t : :: :~ Y Admini~five Bounda~ . . ~ Wmer Symem Pipeline v. ~Class 1 S~ams ~... v~ Umon ~wer ~a~in : Mayor Horton Department Heads FROM: W. Eugene Sampley, Director of Public Works & Utilities DATE: 4/17/2000 SUBJECT: Review of Water Utility Properties Proposed for Surplus Four parcels currently Owned by the Water Utility are proposed for surplus. These have previously been listed for surplus in the 1996 Utility Land Management Plan and/or the Land Use Guidelines Addendum. Per BMC 2.78, these parcels are submitted for your review and comment. Please return your comments, if any, to Bill McKinney, Foresm2~ Manager by next Tuesday, 4/25. We would like to bring this before City Council at as early a date as possible. Descriptions of the parcels follow. Funds generated fi.om any action on these properties will be returned to the Water Utility. Parcel #1 - Lake Tahuya NWl/4 except NWl/4 N~l/4, Section 17, Township 24 North, Range 1 West; approximately 120 acres located at the north end of Lake Tahuya; purchased in the 1930's -'40's for potential water source protection; City activities have been limited timber harvest in the early 1960's; adjacent landowner (3 sides) is the State Dept. of Natural Resources; no longer needed for water supply or operations; currently in forested condition; abuts lake, streams, and wetlands which may affect land use activities and value; no recent appraisals; may have potential for negotiated trade with DNR or general marketability. Parcel #2 - Adjacent to USN Railroad Portion SW1/4 SW1/4, Section 2, Township 23 North, Range 1 W~st; approximately 8 acres which fronts 1320 feet along west side of railroad; part of larger parcel that was purchased in late 1980's for biosolids application; no City activities due to isolation fi.om larger parcel and lack of road access; not needed for current Public Works & Utilities operations; currently in forested condition; no recent appraisal; may have potential for commercial use requiring rail access; appropriate for either negotiated or bid sale; possible potential for lease. Parcel g3 - Highway 3 Remnant Portion SE1/4 SW1//4 lying SE of Highway 3, Section'31, Township 24 North; Range 1 East; approximately 0.22 acres; high bank adjacent to Highway 3; part of larger parcels acquired in the 1930's to protect the Gorst Water supply; no record of City activities in past; not needed for water protection or operations; Alpine Evergreen has expressed interest in purchasing as this parcel abuts their ownership and would provide access for their properties; recommend negotiated sale with Alpine; an appraisal dated June 12, 1997 set land value at $2,000 (no merchantable timber). Parcel g4 - Parrish Creek SE1/4 SE1/4 Section 31, Township 24 North, Range 1 East; approximately 33 acres; purchased in 1930's as part of larger parcel to protect Gorst water supply; no recent City activities; curremly no direct access for City use; parcel is transected with BPA and PSE overhead powerlines and underground gasline; steep topography and regulatory restrictions will restrict land use near Parrish Creek; parcel not needed for Water Utility operations; appropriate for either negotiated or bid sale; an appraisal dated June 12, 1997 set land value at $65,000; appraisal dated July 16, 1997 sets timber value at $1 ,32,00¢; regulatory restrictions could affect both land and timber values. jb~7~3~dl~ B~_~ON PW & UTIL. 595 P13 APR 06 '00 11:57 owlle~ ~vith~ 300 ~ at ~ lO' d~.'1 prior ~' . ~o ~ of thc ~he ~Ec~ ~pi~ty ~ an ~he ~' no l~s than ~oi[~n~t~~ ~1 ~1: -tw~ ~ ~or to ~e ~ ~ [o~ fi~ bid L ~ ~ ~ ~ ~ be ~ by ~ b~ ~n~ ~ a ~r or ]. Notice ~d ~ s~{ i~Jude ne~t~ ~e. a d~puon of ~e p~, ~e p~d~ bg ~. F[~ omli~ in BMC ~ wMch ~ pm~ ~ ~ ~ ~i~ w~ch ~ ~m ~ ~t to ~ t~ ~ ~bid ~t2~ofSLOOOor p~ ~ ~.~~ ~ ~ ~ ~ ~~ p~ ~~~C ~3.~2.020. ~ Si,~, ~ b~ ~I s~ be 10% of L78,030 S~LUS FROFER~- ~l~ ~ ~o~ d~e~on wi~n ~e l~ six ~ ~ ~[~ ~on) ~ ~ a bm~r ~han ~$,~: 2) sh~ fo~ ~ ~n for ~ i~l~ a ~ v~ ~ ~mmum a~mi~l ~n for p~ ~t~ in tx~s M ~ ~1~ ~ Cl~k ~ o~ ~t oEen for ~y o~ p~e ~i~n 10% of ~e append price ~ a ~t ~e ~m~ ac~p~le p~ide~ ~low. " 1. An ab~cr ~ ~e o~y one .~1 p~ no[ app.'ed for Umn~ or ~ m ~do~ ~i~ ~e ~s p~-; negotiated ~e s~i ~ ~bj~ :o a s~ bid 2. pr~. ~ follm~inl na~gon pr~c p~ha~ for s~l ~ u~i~ P~. I. a no~ce of ~e.Ci~'s iment ~ $~-~C~ ~ocx~o~ South Side State Route 3 South Kitsap County, Washington · APPRAISAL BY J. Randolph Mosher, MAI ' .Ronald P. Mort, Associate Richards & Associates . 908 Bertha Avenue Bremerton, Washington 98312 DATE OF VALUATION June 12, 1997 ~' · AUTIAORIZATION Bill McKinney, Forester :~ Forestry Division .: .. Department of Public Works & Utilities , City of Bremerton .. 3027 Olympus Drive Bremerton, Washington 98310 97-172 Gorst Acreage 1 Richards~ssociates After considering these and other peninem factor~ regarding the properties, their Market Values (excluding merchantable timber), as of June 12, 1997, are estimated as follows: Parcel 1 (+ 33 Acre Tract of Land) - Sixty-Five Thousand Dollars ($65,000) Parcel 2 (±0,23~e:R~nnant) This appraisal is intended to conform with the Uniform Standards of Professional Appraisal Practice, as adopted b3~ the Appraisal Foundation, along with the appraisal standards adopted by the Appraisal Institute. By experience and training we feel competent to complete this assignment. The appraisal process followed in preparing this summary report involved an on-site inspection of the subject properties; an analysis of the-pertinent factors regarding national, regional, and local economic conditions; an analysis of the Highest and Best Use of the land; and a comparative analysis with similar properties in the area. The valuation process employed the Sales Comparison Approach which is the procedure in appraisal analysis which produces an estimate of value for a property by comparing it with similar properties which have sold recently or are currently offered for sale in the same or competing areas. The following pages summarize this process, and it is hoped that this report and its format are sufficient for your needs at this time. Thank you for the opportunity to be of service. Sincerely yours, J Ronald P. Mott, Associate · 97-172 Gorsl Acreago 3 Richar0s~ssociates 33 PARCEL 2 The parcel is described as that portion of the Southwest Quarter lying south of State Highway 3, in Section 31, Township 24 North, Range 1 West, W...M. The parcel is also identified as a portion of Kitsap County AssessPr's Tax Parcel 312401-1-001-2007. CENSUS TRACT/FLOOD MAP The subjedt is located in 1990 census tract number '921.00 Group 2. Parish Creek flows through a portion of the subject near its eastern property boundary. A detailed study was dOne on the creek north of SR-3 and it is located in Zone A-1 and B, both considered to be areas of a 100-year flood, however, the portion of the creek south of SR-3 was not detailed. It' is likely that portions of the subject abutting Parish Creek are also located within an area of a 100-y~ar flood. The remaining area of Parcel 1 and all of Parcel 2 are located within Zone "C' (Panel 530092-295-B), which is determined to be an area of minimal flooding by the National Flood Insurance Program, U.S. Department of Housing and Urban Development, as of May 15, 1980. The subject property has not sold within the past ten years. Fee Simple SES/FUNCTIONS 'The purpose of the appraisal is to estimate the "As Is" Market Value of the fee simple interest in the subject parcel excluding merchantable timber. The report's function is for use i:' by the City of Bremenon to assist in establishing a price for possible sale or exchange. 7 Richards~ssociates Correlation. & Conclusion - Parcel 2 Comparables 6-9 range from $2,000 to.$4,000 per parcel and were all unbuildable at the time of sale. The parcels are smaller than the subject property but have superior utility. Comparable 6 ($2,250) represented-'the low end of the range and did not ..have legal access. The remaining sales all have superior' access and could still be improved with a garage or outbuilding. Recognizing the subject's lack of legal access, yet larger size, a value of $2,000 is estimated for the parcel. Indicated Value of Subject Parcel ........... · ................ $2,000 SUMMARY OF "FEE SIMPLE" VALUE CONCLISSIONS The only approach to value considered in this analysis is the direct comparison of land value. Thus, the "~Is Valiae"~ of!ibc fee,simple intere~ in'~thei~n~tiPropertie~ as of June 12, 1997, is estimated to be: PARCEL 1 SIXTY FIVE THOUSAND DOLLARS ($65,000) PARCEL 2 TWO THOUSAND DOLLARS ($2,000) 97-172 Gorst Acreage 25 Richards~ssociates A~E~A BILL BP~R~)N CITY COIIRCIL Resolution No. 1. SUBJECT: HUD I~an Repayment FOR AG~DA OF: June 2 ~ 2000 For A~iral Theate~ and O~GINATING DE~: Executive BUDGET ADJUSTMENT NO. 00-14 ORIGINA~R: Ma~or Horton DATE SU~~D: June 20~ 2000 2. C~~CES: (comment on back 3. E~IBITS: if necessa~) .~" ~~ Resolution ~7~O Treasurer Payback Schedule Attorney ~ff~ ~/~ ~ Memo from A~iral Theater and e .tion. Fise.1 a ~f~ ~ ~t ~]~nt ~quest 4. S~Y STAT~NT ~D ~QUIRE~NT FOR CO~CIL A~ION: The A~iral Theater Foundation has re~ested a loan from the City in the amount of $120,000 to meet their obligation to repay a five year ~D loan. The annual pa~ent has been made in years one through three and is rese~ed for year five. This will be the final pa~ent on this loan and part of this pa~ent is also covered by the rese~e. It is reco~ended that the loan be for a period of five (5) years at 6% interest with a balloon pa~ent at the end of the te~. 8. RECOMMENDATION: TWO MOT I 0NS: ., MQV_E-to approve loan iN the amount of $120,000 to the Admiral Theater Foundation by Resolution # 3~7~O . MOVE to approve Budget A~justn~nt Request No. 00-14. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED couNcIL DIRECTIVE: DATE: 2. CT.W. ARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES See repayment schedule attached. 7. RESEARCH SOURCES: REsorrmo (o o A RESOLUTION authorizing an Inteffund Loan to the Civic Improvement Fund from the Equipment Rental Reserve Fund and dedicating future Hotel/Motel Tax revenue for repayment. WHEREAS, the Civic Improvemem Fund has an immediate need for cash with which to provide a cash advance to the Admiral Theater Foundation; and ~AS, the size and nature of this transaction does not lend itself to an external financing; and WHEREAS, surplus cash in an amount sufficient to meet the short-term needs of this advance 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 Civic Improvement Fund in an amount not to exceed $120,000. This loan shall bear interest at the rate of 6.0°,4 per annum and shall be repaid in its entirety not later than December 31, 2005; and BE IT FURTHER RESOLVED, that adequate Hotel/Motel Tax revenues from the Civic Improvement Fund shall be dedicated annually for repayment of this interfund loan. ADOPTED by the City Council of the City of Bremerton this ~ day of , 2000. CAROL ARENDS, Council President file=int~fund loan schedule June AMORTIZATION of CASH ADVANCED TO THE ADMIRAL THEATER FOUNDATION TERM = 10 years with 5 year baloon payment INTEREST = 6 % PAYMENT PAYMENTs YEAR NUMBER TOTAL INTEREST PRINCIPAL 2001 1 16,304.15 7,200.00 9,104.15 2002 2 16,304.15 6,653.75 9,650.40 2003 3 16,304.15 6,074.73 10,229.43 2004 4 16,304.15 5,460.96 10,843.19 2005 5 16,304.15 4,810.37 80,172.82 $81,520.77 $30,199.81 $120,000.00 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST 00-14 Requesting Department: CIVIC IMPROVEMENT Adjustment Number: EQUIPMENT RENTAL I Approval Authority Required: r-]Treasurer ~--~Mayor [- Fiscal & Budget ~]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Equipment Rental Fund: Reduce Ending Cash 120,000 Inter-Fund Loan Issued 120,000 Civic Improvement Fund: Inter-Fund Loan Received 120,000 Cash Advance to Admiral Theater 120,000 NARRATIVE: This adjustment will provide expenditure authority necessary to provide a cash advance to the Admiral Theater Foundation which is needed in order to assist the Foundation in meeting the cash-flow requirements of their final payment to HUD on the loan which partially financed the renovation. Department Head Sil~nature Date Dire~to-r $il~nature I Datel Treasurer Comments: ~Recommended ~ Not Recommended TreasureCs Signature Mayor Comments: F-~ Recommended F---] Not Recommended r-----I Approved r-~ Denied Mayor's Sil~nature Date Fiscal & Budget Committee Comments: r---] Approved F---] Denied Fiscal & Budget Committee Signature Date BO~AD OF D~RECTOAS MEMORANDUM aH "lke" Porker, Chairman Robert C Schneidler, President Tim Ryan, Vice President E)~kT~: ~une ~0~ ~000 Marilee Honsen, Vice President Jerr~ Re~. Wee Pres,den~ TO: Brcrncrton City Council John Mitche, ll. Secretory FROM: Rob Schneidler, President Admiral Theatre Foundation K¥1o KincoiO, Treasurer Donoo ~o~ edUCe SUBJECT: HUD Loan Repayment Dolores B "Dee" Coopola Louise Cromer Klaus Golombek 6stes 6~ode In 1996, the Admiral Theatre Foundation was completing its $4.2 million fund- Joonne Hoselwood ~he~e, Ho~es raising and renovation planning efforts. While pledges were adequate to meet our 5herr, H~ Meoee~ current (in 1996) renovation costs, the Board was concerned about increasing costs Leslie Krueger Nor~oo McLo~ghn~ if we postponed completion of renovation until all the pledges came due: Rodoe~ B Near Approximately a three-year period with final pledges not due until 1999. (Had we Gera/Peret 6usse S~hoe~eer waited, we would be looking forward to our grand opening coming this Fall, 20001) ~ard n. Sheldon Instead, the Board obtained a HUD loan for $1,500,000 and completed renovations Helen Longer Smith uJ Earle S~ith. Jr in early-1997. Our grand opening was later that Spring of 1997: We completed the Gene *~er renovation at 1996-1997 costs and have been operating for the benefit of the Ed Wol~e community ever since. ~o~o~ When we obtained the loan in 1997, the City provided the Theater as collateral and FUNDRAISING CHIqlR Con©ressmon Norm Dicks the Admiral Theatre Foundation placed funds in escrow to make the final (due in July, 2001) payment of interest and annual principal (totaling $318,632). (The me ~?~L ~He~Ta6 ~S escrow funds could also be used to meet current obligations should the Admiral G~N~aOIJSL¥ SUPPORTED Theatre Foundation fail to make a scheduled payment.) That escrow fund has BY THE CITY OF BREMERTON AND KITSAP COUNTY grown to nearly $500,000 and the excess needed to meet the final payment (excess equals $189,901) is available and will be applied to the annual principal payment CITY OF eRE~ERTON due on July 10, 2000. Our balance owed on July l0th is approximately $120,000. Mayor Lynn Horton a~v cougar Since taking the loan out, the Theatre has made the first three (of five) annual ~oro~ ~rends. Pre~eot principal payments (totaling $900,000), interest payments ($218,176), and HUD Wayne A Olsen Cec~ M~Connen origination fees payments ($35,595). John E Low ~ ~on~oo Our request (offered in order of preference) is that the City of Bremerton (the Mike Shepherd David D. Fort owners of the Theatre) advance $120,000 on July 10, 2000 in payment on the HUD Conrad Esser Jim Reed loan, to be repaid by the Admiral Theatre Foundation: KITSAP COUNTY 1. Interest-free, monthly payments of $1,000 over 10 years. ~o~ o~ co~,sso~as 2. Nominal interest charged. Interest-only repayment, with balloon payment due Tim Botkin, Chair in 10 years. Chris Endresen Chorlotte Garrido 3. Nominal interest charged. Monthly principal and interest based on 1 O-year amortization. (NOTE: In each case, it is the Board's intention to pay back the City when the Capital Funds become available.) 515 Pacific Avenue, Bremerton. Washington 98357 · (360) 373-6810 · FAX (360) 405-0673 HISTORIC RECORD OF PAYMENTS BY ADMIRAL THEATRE FOUNDATION TO THE HUD LOAN (as of 6/19/I)0) PAYMENT INTEREST PRINCIPAL GRAND DATE PAYMENT PAYMENT TOTAL YEAR 1 4/11/97 21,682 (1/97-7/97) 5/12/97 75,000 7/11/97 23,090 225,000 YEAR 2 (8/97-7/98) 10/27/97 17,428 1/8/98 18,763 4/14/98 18,158 7/9/98 36,315 300,000 YEAR 3 (8/98-7/99) 1/15/99 27,510 4/15/99 13,755 7/15/99 13,755 300,000 YEAR 4 (8/99-6/00) 10/15/99 9,240 1/15/00 9,240 4/15/00 9,240 TOTALS 218,176 900,000 1,118,176 ADDITIONAL HUD FEES PAID BY ADMIRAL THEATRE FOUNDATION: HUD Closing Costs 1/15/97 29,595 Annual Admin Fee 6/30/98 3,000 Annual Admin Fee 7/15/99 3,000 515 Pacific Avenue, Bremerton, Washington 98337 · (360) 373-6810 · FAX (360) 4-05-0673 SCHEDULE OF ADMIRAL THEATRE FOUNDATION FUNDS HELD IN RESERVE BY KITSAP COUNTY FOR "FINAL" HUD LOAN PAYMENT (as of 6/19/00) AMOUNT DUE DATE KITSAP COUNTY RESERVE ACCOUNT 05/31/00 491,033 ESTIMATED INTEREST ACCRUED 6/1/00 THROUGH 6/30/2001 17,500 Total Reserve Funds Available 508,533 YEAR 5 PAYMENT SCHEDULE (from Reserves) Quarterly Interest Payment (4,658) 10/15/00 Quarterly Interest Payment (4,658) 1/15/01 Quarterly Interest Payment (4,658) 4/15/01 Quarterly Interest Payment (4,658) 7/15/01 Annual Principal Payment 1300,000/ 7/15/01 Total Reserve Funds Available for Current Year 189,901 YEAR 4 PAYMENT SCHEDULE (from Loan and Reserves) Quarterly Interest Payment (9,240) 7/10/00 Annual Principal Payment (300,000) 7/10/00 TOTAL NEEDED TO COMPLETE PAYMENTS (119,339) 515 Pacific Avenue, Bremerton, Washington 98337 · (360) 373-6810 · FAX (360) 405-0673 AGENDA BILL BREMERTON CITY COUNCIL ~ ~o~t ~o~a~) FOR AGENDA OF: 06~2000 0rd. #~,71 $ establishing additional Fire and Life ORIGINATING DEPT: Fire Safe~ requirements for existing Multi-Family ORIGINATOR: Al Duke, Fire Chief ~ Residential buildings Classified as Group R, DATE SUBMI~ED: 06/13/2000 Division 10~upancy. ~Comment of back if necessa~) 3. ~HIB~S: Budget& Finance - A~tie~e I~}~Se~t[on 103.4.2 of the Operations /-~~)~/~ ~ Un i fo~ Fi re Code Ci~A~omey . / ~ ~ ENDORSEMENTS .~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION' This ordinance would establish additional Fire and Life safety requirements for Existing Multi-Family residential buildings, commonly known as apartments that are greater than 4 units. On the February 2, 2000 study session, the council received a presentation on this proposed ordinance. 8. RECOMMENDATION; /I~ ¢¥&. to pass Ordinance # 4 71 5 on second reading. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMItED~I~~ / COUNCIL DIRECTIVE: ~. AGEND^B,LL.O: E~ -- / 5~¢ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: This ordinance would allow the Fire Department to enforce a requirement upon Group R, Division 1 residential units. Currently, there are no allowances in the current Uniform Fire Code for existing buildings. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES; There are no staffing or bugetary impacts on the Fire Department. The Fire Department currently attempts to inspect each building annually. 7, I~ESEARCH SOURCES: Kitsap County Fire Safety Advisory Committee Report 1997 UNIFORM FIRE CODE 103.3.2.2 104.1.1 work is ready for inspection. The chief is authorized to require that thereof to such person by registered or certified mail to the per- every request for inspection be filed not less than one working day son's last known address. before such inspection is desired. Such requests may be in writing Orders or notices which are given verbally shall be confirmed or by telephone at the option of the chief, by service in writing as herein provided. It shall be the duty of the person requesting any required inspec- tions to provide access to and means for proper inspection of such 103.4.3 Compliance with orders, notices and tags. work. 103.43.1 Compliance with orders and notices. Orders and no- tices issued or served as provided by this code shall be complied 103323 Changes in use or occupancy of buildings. Changes with by the owner, operator, occupant or other person responsible made in the character or use of an occupancy shall be in accord- for the condition or violation to which the order or notice pertains. ance with the Building Code. In cases of extreme danger to persons or property, immediate com- 103.3.3 Firesafety during construction and alterations. Fire- pliance is required. safety during construction, alteration or demolition of a building If the building or other premises is not owner occupied, under shall be in accordance with Article 87. lease or otherwise, and the order or notice requires additions or changes in the building or premises which would immediately 103.3.4 Records. The fire prevention bureau shall retain for not become real estate and be the property of the owner of the building less than three years a record of each inspection made showing the or premises, such orders or notices shall be complied with by the findings and disposition of each inspection made. owner. 103.4 Enforcement. EXCEPTION: When the owner and the occupant have agreed otherwise between themselves, in which event the occupant shall com- 103.4.1 Authorization to issue corrective orders and notices, ply. 103.4.1.1 General. When the chief finds any building, prem- 103.4.3.2 Compliance with tags. A building, premises or thing ises, vehicle, storage facility or outdoor area that is in violation of shall not be used when in violation of this code as noted on a tag this code, the chief is authorized to issue corrective orders, affixed in accordance with Section 103.4.1. -. See also Appendix VI-D. 103.4.3.3 Removal and destruction of signs and tags. A sign or tag posted or affixed by the chief shall not be mutilated, de- 103.4.1.2 Unsafe heating or electrical equipment and struc- stroyed or removed without authorization by the chief. tural hazards. When the chief deems any chimney, smokestack, 103.4.4 Citations. Persons operating or maintaining an occu- stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto, or anything regulated under a pancy, premises or vehicle subject to this code who allow a hazard nationally recognized standard in or upon any building, structure to exist or fail to take immediate action to abate a hazard on such or premises not specifically mentioned in this code, to be defective occupancy, premises or vehicle when ordered or notified~to do so or unsafe so as to create a hazard, the chief is authorized to serve by the chief shall be guilty of a misdemeanor. upon the owner or the person having control of the property a writ- 103.4.5 Unsafe buildings. Buildings' or structures which are ten notice to repair or alter as necessary and shall notify any other structurally unsafe or not provided with adequate egress, or which authority enforcing codes regulating such equipment. The chief is constitute a fire hazard or are otherwise dangerous to human life. authorized to affix a condemnation tag prohibiting the use thereof or which in relation to existing use constitute a hazard to safety or until such repairs or alterations are made. When affixed, such tag health or public welfare, by reason of inadequate maintenance, shall only be removed by the order of the chief when the hazard to dilapidation, obsolescence, fire hazard, disaster damage or which the order pertains has been eliminated in an approved man- abandonment as specified in this code or any other ordinance, are, ner. Until removed, that item or device which has caused the haz- for the purpose of Section 103.4.5, unsafe buildings. Such unsafe ard shall not be used or be permitted to be used. buildings are hereby declared to be public nuisances and shall be When an apparent structural hazard is caused by the faulty in- abated by repair, rehabilitation, demolition or removal. See the stallation, operation or malfunction of any of the items or devices procedure specified in Chapters 4 through 9 of the Unifi~rm Code listed in this section, the chief shall immediately notify the build- for the Abatement of Dangerous Buildings. lng official to investigate such hazard and cause such hazard to be 103.4.6 Appeals. For appeals, see Section 103.1.4. abated as required by the Building Code. 103.4.1.3 Stopping uses, evacuation. The chief is authorized to SECTION 104 -- CONTROL AND INVESTIGATION OF order an operation or use stopped or the evacuation of any prem- EMERGENCY SCENES ises, building or vehicle or portion thereof which has or is a fire hazard. 104.1 Authority at Fires and Other Emergencies. 103.4.1.4 Time limit for corrective orders. Orders or notices 104.1.1 General. The chief or officer of the fire department in shall set forth a time limit for compliance dependent upon the haz- charge at the scene of a fire or other emergency involving the pro- ard and danger created by the violation, tection of life or property or any part thereof, shall have the author- ity to direct such operation as necessary to extinguish or control 103.4.2 Service of orders and notices. Orders and notices au- any fire, perform any rescue operation, investigate the existence thorized or required by this code shall be given or served upon the of suspected or reported fires, gas leaks or other hazardous condi- owner, operator, occupant or other person responsible for the con- lions or situations or of taking any other action necessary in the dition or violation either by verbal notification, personal service, reasonable performance of duty. In the exercise of such power, the or delivering the same to and leaving it with a person of suitable chief is authorized to prohibit any person, vehicle, vessel or thing age and discretion upon the premises; or, if no such person is found from approaching the scene and is authorized to remove or cause on the premises, by affixing a copy thereof in a conspicuous place to be removed or kept away from the scene any vehicle, vessel or on the door to the entrance of said premises and by mailing a copy thing which could impede or interfere with the operations of the BREMERTON FIRE DEPT. FIRE MARSHAL'S OFFICE 817 PACIFIC AVE. Fire Marshal 478-5384 BREMERTON, WA 98337 Deputy Marshal 478-5385 (360) 478-5380 Public Educator 478-5393 Date: Time: Fire Management Zone: Business Name: Located at: Phone: Owner/Manager: Occupancy type: No Deficiencies Found (Thank you for your conscientious effort) Date of last service: A re-inspection will be made at the end of a specified time. Extinguishers__ Please submit a letter of compliance when these items are corrected or fax to 478-7257. Alarms Have your portable extinguishers, fire alarm and fire sprinkler systems serviced by a certified Sprinkers technician. This must be accomplished on at least an annual basis. UFC Sec. 1001.5.1 Hood Have your range hood suppression system serviced every six months, by a certified technician. Correction Date: Owner/Manager Inspector AN ORDINANCE establishing additional Fire and Life Safety Requirements for existing Multi-Family Residential Buildings Classified as Group R, Division 1 Occupancy and creating Chapter 18.03 Existing Multi-Family Requirements of the Bremerton Municipal Code WIIEREAS, the Bremerton City Council has previously exercised the power to protect the public safety and welfare of its citizens through adopting the Uniform Building Code and Uniform Fire Code; and Wltl~REAS, the City Council finds that it in order to protect the health, safety and welfare of the public, it is necessary to adopt certain fire safety requirements for existing multi-family residential buildings, classified as Group R, Division 1 Occupancy Buildings in the Uniform Fire Code, as adopted by the City; NOW THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. New. Chapter 18.03 is hereby created to read as follows: CHAPTER 18.03 EXISTING MULTI-FAMIIN REQUIREMENTS 18.03.010 Definitions. For purposes of this chapter, the following definitions apply: a. "Administrative Summary" means the "Kitsap County Fire Safety Advisory Committee Report" dated June 28, 1999, attached hereto as Appendix B and incorporated herein by reference. The Administrative Summary was used as a basis for development of this ordinance and shall be used for guidance in interpreting it. b. "Approved" means approved by the Chief unless otherwise specified. c. "Chief' means the Bremerton Fire Chief or his designee. d. "Dwelling Unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the 1997 Uniform Building Code, for not more than one family, or a congregate residence which accommodates ten (10) or fewer persons. e. "Fire Department" means the Bremerton Fire Department. FIRE & LIFE SAFETY.ORD 6/6/00. Page 1 f. "Fire Safety Advisory Committee" means a group of community representatives appointed by the Board of County Commissioners as provided in KCC 14.10.150. g. "Fire Safety Matrix" means the assessment tool, attached hereto as Appendix A and incorporated herein by reference, used by Fire Department personnel to evaluate Level-III Buildings to determine appropriate fire protection features based upon an assigned point value and number of Dwelling Units. h. "Floors" means the number of levels in a building, including any basement. i. "Group R, Division 1 Building" means a hotel or motel, an apartment building or congregate residence, including condominiums. j. "Level-I Building" means all Group R, Division 1 Buildings less than 3 floors in height and more than 4 Dwelling Units; k. "Level-II Building" means all Group R, Division 1 Buildings 3 or more floors in height and less than 17 Dwelling Units; 1. "Level-iii Building" means all Group R, Division 1 Buildings 3 or more floors in height and 17 or more Dwelling Units; m. "Owner" means the owner of record of a Group R, Division 1 Building. 18.03.020 Requirements. All Group P,, Division 1 Occupancy Buildings constructed prior to July 1, 1998 shall meet all the requirements of this chapter. 18.03.030 Smoke Detectors. On or before January 1, 2001, the Owner shall install in all sleeping areas of all Level-I, -II and -iii Buildings, an approved, listed photoelectric device which senses visible or invisible particles of combustion. Such devices may be battery-powered. Using approved forms, the Owner shall certify to the Chief that the devices have been installed as required in this section and are properly working. 18.03.040 Floor Plans. Upon request by the Fire Department, the Owner shall provide floor plans to assist with pre-fire planning. 18.03.050 Emergency Evacuation Plans. a. The Fire Department will work with the Owners by providing guidelines for developing an approved emergency evacuation plan. All plans shall be submitted and approved by the Fire Department prior to posting. FIRE & LIFE SAFETY.ORD 6/6/00 - Page 2 b. Approved emergency evacuation plans shall be posted in common areas of the building by the Owners on or before January 1, 2001. c. Emergency evacuation plans shall be reviewed and updated annually by Owners. Revised plans shall be submitted to the Fire Department for review and approval. 18.03.060 Fire Safety Training. The Fire Department shall develop and offer classroom-training programs for building owners, tenants and homeowners regarding fire safety. 18.03.070 Annual Fire Inspection. The Chief or his/her designee shall endeavor to inspect annually all Level I, II, and 121/buildings for compliance with the requirements of this chapter and other applicable laws. 18.03.080 Fire Safety Evaluation. Level HI buildings shall be evaluated for tire safety utilizing the Fke Safety Matrix. Each Level III building shall achieve a minimum of 80 points on the Matrix within ten years of the date this ordinance is adopted. A comprehensive review of all Level IH buildings evaluations will be conducted by the Fire Safety Advisory Committee. During that review, the Chief shall determine if Level HI buildings not meeting the 80 points criteria are a distinct hazard to life or property. If the Chief determines a building to be a distinct hazard, he or she may take action pursuant to the Dangerous Buildings Code in this title. 18.03.090 Certificate of Compliance. The Chief or his designee shall provide a certificate of compliance for all Level I and II buildings inspected and determined to be in compliance with this chapter. All Level III buildings must meet all requirements of this chapter, including the requirements to achieve a score of at least 80 points in the fire safety evaluation performed pursuant to Section 18.03.080, in order to receive a certificate of compliance. 18.03.100 Notification to Property Owners. The Fire Department will design and implement a process to notify property Owners regarding fire calls resulting from property damage or injury on their property. 18.03.110 Automatic Fire Sprinklers. Automatic fire sprinklers shall be installed in all Group R, Division 1 Buildings that contain 10 or more Dwelling Units when, within a three-year period, there has been damage to the building that exceeds 50% of the assessed value of the building, or the costs of remodeling the building exceed 50% of the assessed value of the building. 18.03.120 Fire Alarm Systems. a. An approved fire alarm system "non-monitored" shall be installed in all Level II buildings. The fire alarm system must be installed and operational on or before January 1, 2003. There shall be no Department of Community Development permit fees for alarm systems installed for compliance with this chapter. FIRE & LIFE SAFETY.ORD 616100 - Page 3 b. An approved "monitored" fire alarm system containing a heat detector within each dwelling unit shall be installed in all Level llI buildings. The fire alarm system must be installed and operational on or before January 1, 2003. The Department of Community Development, shall waive permit fees for alarm systems installed for compliance with this chapter. 18.03.1:50 Appeals. The City of Bremerton Buildings Appeal Board, as created by Title 17 & 18 of the Bremerton Municipal Code, is the designated Board of Appeals for this ordinance. When requested by the Buildings Appeal Board, the Fire Safety Advisory Committee shall review and provide recommendations to the appeals board on matters related to this ordinance. 18.03.140 Fire Safety Committee. A committee is established under KCC 14.10.150 to review fire safety evaluations as provided in this chapter, periodically review this ordinance and recommend improvements to it; investigate and recommend to the Bremerton City Council funding sources for fire and life safety enhancements to Group R, Division 1 Buildings; when requested by the Board of Appeals, provide recommendations on appeals under this chapter, and develop strategies to enhance fire safety within the community. In performing its responsibilities under this chapter, the committee shall be guided by the standards set forth in the Administr~ive Summary. The committee shall consist of at least three (3) county residents, three (3) fire service personnel and three (3) owners of G-roup R, Division 1 Buildings. The committee shall be appointed by the Board of County Commissioners on or before April 1, 2000. 18.03.150 Enforcement. The Chief or his/her designee are authorized to enforce the provisions of this chapter. The provisions of this Chapter are imended for the general welfare and safety of the citizens of the City of Bremerton. There is no intention to create~a class ofp, er~ns or Erope...n..y.....t.o be ..s.p..eclfical!y.' benefitted hereb . ~~~~~~~]~'_'-"i~..':.~~~~'!'i'"" ....... :!.'-?.: ": ............. !:'"'""![i-.'!-2!:'"":-""'g'>"'"'"iS-~?"i'?.~'-'""?'"'"'""*::' :"'"" ..:.'~:-'-~.::-':-':'-":-*.:':': 18.03.160 Violation - Penalty. The violation of any provision of this chapter shall constitute a civil infraction. Each violation shall constitute a separate infi-action for each and every day or portion thereof during which the violation is committed, continued or permitted. The maximum penalty and default amount for a civil infraction under this chapter shall be pursuant to Chapter 1.12. 18.03.170 Severability. If any provision of this ordinance, or its application to any person, entity or circumstance is for any reason held invalid, the remainder of the ordinance, or the application of the provision to other persons, entities or circumstances is not affected. Section 2. The full text of Appendix A - Fire Safety Matrix and Appendix B - Administrative Summary are available upon request at the Fire Department. Section 3. Effective date. This ordinance shall become effective ten days after passage and publication. FIRE & LIFE SAFETY.ORD 6/6/00 - Page 4 APPROVED by the Bremerton City Council this day of , 2000. PASSED by the Bremerton City Council this day of ,2000. CAROL ARENDS, Council President APPROVED this . , day of .., 2000. LYNN S. HORTON, Mayor ATTEST: KATI-ILEEN L. McCLUSKEY, City Clerk FIRE & LIFE SAFETY.ORD 6/6/00 - Pag~ 5 IDENTIFIED AS APPENDIX -'A June 21, 2000 :.. Level ill (>16 Units & >2 Floor Levels) Matrix for Fire Safety Assessment for R-I O. ccupancies z Signir~ant P~node~ Year i i i 0 0 Number ~ Levels Including i Basemanls .~ i 0 0 4. TypeV-N = 1 } s. Typa~Constmction TypeV-1 = 2 !. Typel-V = 2 i Type,l-1 = S i 3 Ama Separation ',Nail 6. Construction Separation 2-Hour = 2 4-Hour = 5 ~ 1-HourWallBetween Each Unit =2 5 7. Attic Draft Steps Between Each ~ = 2 ~ NO{ Between Each Unit = I 2 i Monitoredi Monitored Heal 8. Fire Akem System Local = 4 ! System = 10 ! Detection in Each Unit = 4 14 Single Station Smoke ~ [ ' In ~.ach 9. Detectors BetweenBedroom&Livi~Araa = I i OnEachLevel=21 Bedroem=4 7 24-Hour Trained Staff {~ Approved Locatian with 10. Ho{el/l~stel/Apartmanl Staff ~e~oroved Evacuation P.l~n and Local ,Narm = 8. 8 Full System (13 ! t3R) i Parliel Sytsm 11. Fire Spa'ink,rs Monitored = 80 No{ Monitored = 15 14. GroundLadderAccess OneSide =1 ~ TwoSides = 2 i ThmeSides = 3 I FourSIdes = 4 4 15. ExitWays 1-HourlntariorCorridom = 5 ,; Exterior = 10 10 Exits from each unR } E~ess Windows 16. Ex, ts from the Units/.N~ea One = 0 Two = 2 >Two = 3, ~ from Sleep'=~Ama = 2 5 Building Numl~efi~l Comp{ys I 17. w/Co~ ma~dard ! i i 2 ~=~ 4-5=5 i 2 =B 18. W.S.R.B. Raling 8-9 = 1 i 6-7 = 3 1,. Emectrica, System - I~eakem .. !; 5 20. HydrantsW~hin: 1200' = $ i 60O' = 7 ! 3O0' = lo ! 150' = 12 12 i . !TenderW~h~ S - 23. Portable Fire Extinguishers COMMENTS: NOTE: FIRE SAFETY TARGET POINTS ARE SET AT 80. LESS THAN 80 POINTS'TREQUIRES ADDITIONAL FIRE SAFETY PROVISIONS TO MEET OR EXCEED 80 POINTS. DEFINITIONS 1. IYear Built: To be used as a reference point only. 2. Si~nificant Remodel Year:. To be used as a reference, point only. 3. ,Number Of Units: How many iivin, g spaces are there from each building? (For reference only.) 4. Number of Levels Including Basement: Any floor level in a building. s. Type of Construction: Tvce V-N: Combustible construction non-rated. Type V-l: CombuStible construction non-rated .with 1-hour flre-rasisflve construction Ty.~e II1-1: Combustible construction with some 1-hour and some 4-hour fire-resistive construction Ihmughbut s. Construction Separation: Portion of a building separated b~/1-hour, 2-hour, or 4-hour fire-resislive walls. Attic Draft Stops: Constructed of 1/2-inch sheetrock or 3/8-Inch plywood and shall enclose an attic space that 7. would not exceed 3,000 sq ft unsprinkled or 9,000 sq ff ,sprinkled. Flat roof gets full credit. Monitored: Shall be monitored by an approved central, proprietary or remote station service. Slnl~le $ ,ration Smoke Detectors: Only sounds an alarm in the room it is installed in. Hotel/Motel/Apartment Staff: 24-hour annunciator panel and plan approved by Fire D~partmenL Apartments may comply with a percent of the 24-hour coverage as approved by the Fire Official (i.e., 6:00 p.m. thru 6:00 lo. a.m.. = 50%). , .... 13R: The structure is sprlnlded with certain areas exempt (I.e., attic spaces, bathrooms Monitored: Shall be monltored by an approved central, proprietary or remote station service. Fire Resistive Paint: The whole building ,(al! apartments in building for interior) would have to be painted. Eme,rl~ency Vehicle Access: From how many sides can an Emergency Vehicle access building? !Ground Ladder Access: From how many sides can a group ladder be used for fire departments operations. ~5. Exit Ways: Do units exit into an interior corridor or lo the exterior of the buiidin~l? Exist from the Units/Area: How many doors lead to exterior from each unit and are there windows leading to 16. the exterior of the building (and operating) from each sleep!ag area? Building Numbering Complys with County Standard: Must be plainly visible and legible from the street or road fronting, the property. W,S.R.B. Rating: Fire Department classification according to Washington State Rating Bureau. Electrical System: Can only receive points for breakers. 20. Hydranta Within: Distance from building to nearest fire hydrant. Fire Flow: GPM (gallons per minute) of water that can be flowed from a hydrant. Tender ia a fire vehicle that 21. carries water. Class I1: Directly connected to a water suppty and equipped with 1-1/2 inch outlets and hose. Class IIh Directly connected to water supply and equipped with 2-112 inch outlets or 2-112 inch and 1-1/2 inch outlets when a 1-112 inch hose is required. 23. Portable Fire Extinguishers: Are there portable fire exlinguishers on the premise? COMMENTS: Plus or minus considerations not covered above (no points + or -). NB THE NARROWS CONDOMINIUM ASSOCIATION 3400 Narrows View Ln NE # 100 BREMERTON, WASHINGTON 98310 June 27, 2000 City of Bremerton Fire Department 817 Pacific Ave. Bremerton, WA 98337 Re: New Fire Ordinance Dear Sir, I'm sorry that I was not able to investigate this ordinance eaHier as I just recently got elected President of our Condominium Management Association. After reading the newspaper article, I did talk with Scott and he provided me with a copy of the draft last Friday. Unfortunately, I was not able to talk with anyone in your department until Scott called back Monday. As a very experienced person on condominium management, I noticed several areas where you will have trouble with the ordinance as written but my comments are coming too late. Scott suggested that I attend the City Council meeting and present a friendly amendment on June 28th bu ~~eur~ ~~ Di~ befere we can take a position with the City on the ordina~ce. i ~lieve th~ the problems are going to have to be resolved and the ordinance amended if the City Council passes it IlOW. Scoff said that condominium owners were represented in the development of the draft but in my opinion you got bad advice. He said Dennis Osborne and Roger Wade provided the input. I tried to contact them but neither is listed in the Bremerton phone book. Based upon my quick review, here are my comments by paragraph, and they may be modified upon our Board's review. 18.03.010 i - While I agree that structurally condominiums, in general, are included in this class; their management and ownership situation is totally differenL RCW 64.32.110 and RCW 64.34.050 only require condominiums to be treated as "like structures" for zoning and uses such as number of parking spaces and density. j - In Tacoma, there is a classification on "non-occupied basements" that could apply to those buildings where the basements are only for storage but may cause a building to be classified as Level II instead of Level I. m - This definition does not match the condominium situation where, in a condominium of "n" units, there are "n" owners of each building. There is no "Owner of record". RCW 64.32.190 says each apartment and its undivided interest is a "parcel". Aisc, RCW 64.34.070 Principles of Law only applies to condominiums built after July 1, 1990. 18.03.030 While we have the same objective that you have, to reduce risks and save lives, the primary responsibility really falls on the non-profit corporation (RCW 24.03 or 24.06) responsible for the management of the common areas. Their responsibility, limitations and authority are as defined in their governing documents which are not uniform from one condominium to another. Also, condominiums built before July 1, 1990 have to comply with the Horizontal Regimes Act, RCW 64,32, while those built after that date must comply with the Washington Condominium Act RCW 64.34. In addition, Homeowner Associations and Time Share condominiums have RCWs of their own. As written, the corporation has no obligation to comply with the ordinance as it is not cited in the draft. For example, as the ordinance is written, you will have to contact each of our 100 owners individually about their smoke detector installations, exactly the same as for a single family residence. My point with Scoff was that you will not be able to enforce the ordinance as written. The problem that the Board of Directors has is the lack of authority to require and verify the installation of your required smoke detectors and to ensure that their batteries are maintained over the years, without getting approval from the owners. 18.03.050 a - The fire department can not work effectively with "the owners" .In our Tacoma condo the Board worked closely with the Fire Department in developing an escape plan. That plan also has an interesting element called "safe in place" for those few persons who can't get out when the elevators are not working. They are instructed to keep their front doors (fire doers) closed and the firemen will remove them by ladder from their decks. The Association is really the party that must develop the plan, not the "Owners". In addition, we conducted fire drills to verify the plan's effectiveness. 18.03.120 I'd appreciate knowing what is recommended for "non-monitored" alarms. In Tacoma, we found that a fully monitored system (ADT) saved enough on fire insurance to pay for it. However that modification was to a fully installed fire alarm system which probably does not exist in most local condos. As a general comment, we reviewed the Risk Management suggestions from our insurance company and they contained nothing on fire risk. Perhaps there should be some contacts with the many insurance companies as their risk would go down and people be safer if a good fire safety program is in effect. Sincerely, Raymond E. Pedersen, President/Treasurer 405-1320