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Home My WebLink About09/24/03 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 ***AMENDED*** CITY COUNCIL MEETING AGENDA SEPTEMBER 24, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M, in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation ._~ 3, CONSENT AGENDA A. Minutes of Meeting - September 17, 2003 (#AB03-180) B. 2003 Bulletproof Vest Partnership Grant (#AB03-181) C. Contract Award for "SR-304 Transportation Improvement Project, Underground I 0 Storage Tank Decommissioning No. 3" (#AB03-182) D. Kitsap Lake House Rental Agreement (#AB03-183) 4.CLAIMS/CHECK REGISTERS 5.COUNCIL MEMBER REPORTS 6.MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Memorandum of Understanding between the CITY OF BREMERTON and the U.S. NAVY regarding Security for Jackson Park Military Housing Area (#AB03-184) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4870, relating to Westpark Development (#AB03-179) B. Ordinance [First Reading] creating a new Chapter 2.74 of the Bremerton Municipal Code entitled TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT (#AB03-185) C. Resolution No. 2905, approving assignment of Cable Franchise from CHARTER COMMUNICATIONS HOLDING COMPANY, LLC to WAVEDIVISION IV, LLC (#AB03-186) D. Resolution No. 2906, authorizing at Interagency Loan from Water Fund 401 to the ~'5- Tracyton Water District (#AB03-187) E. Resolution No. 2907, enacting a Moratorium on Group Unlisted Uses (#AB03-188) F. Resolution No. 2908, enacting a Moratorium on Group Residential Facilities (#AB03-189) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETIN~ E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us CITY COUNCIL MEETING SEPTEMBER 24, 2003 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a genera/question...P/ease provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC 1. ~1~> ~L~L~I~ ~ ~XI~AE~ ~~T t~C u~u~ o~ ' o 3 MINUTE COMMENTS TO CITY COUNCIL 24 SEPTEMBER, 2003 ~ Presented by Betty Davies 1541 Shorewood Drive, Bremerton, WA 983 ! 2~(/~ Madam President, City Council members, I AM REPRESENTING HARBOR RIDGE, SHOREWOOD DRIVE, AND MADRONA POINT DRIVE ABOUT THE VIOLATIONS OF THE BUILDING CODE 21.02-190 AND 21.02-790 AND SHORELINE CODE BSMP 3-20 1N OUR NEIGHBORHOOD. WE WENT THROUGH THIS THREE YEARS AGO WITH AN APPEAL ON THIS SAME ADDRESS WHEN A MR. CHANG VIOLATED THE SAME CODES. SOME OF YOU COUNCIL MEMBERS WERE HERE AT THAT TIME. WE WON OUR APPEAL; AND THE CITY COUNCIL AND THE CITY ATTORNEY STATED THAT 1533 WAS ZONED SINGLE FAMILY 3 - FOR HOMES ONLY. MR. AND MRS. HOLTZ PURCHASED THE BUILDING AND iMMEDIATELY STORED SEVERAL LARGE RACING BOATS. SINCE THEN BOATS HAVE LEFT AND OTHER BOATS BROUGHT IN. MR. HOLTZ APPLIED IN 1998 FOR A LICENSE AND PERMIT TO SELL BOATS AT THIS ADDRESS (1533) AND THE CITY DENIED HIS APPLICATION. THIS IS A WATERFRONT NEIGHBORHOOD WITH NEW AND OLDER HOMES. WE DON'T WANT OR NEED THE NOISES PRODUCED BY THIS ~ NOR THE GENERATION OF TRAFFIC THIS HAS BROUGHT. A DEMOLITION PERMIT WAS ISSUED SEVERAL WEEKS AGO AND WHEN THE FRONT OFFICE WAS REMOVED THERE WAS A NEW BAY DOOR INSTALLED WITHOUT A BUILDING PERMIT. A STOP WORK ORDER WAS ISSUED BUT HOLTZ HAS BEEN SAWING AND HAMMERING WITHOUT LETUP IN DEFIANCE OF THE ORDER. I KNOW OUR DCD HAS MANY ISSUES BESIDES OURS - BUT 7 WEEKS IS TOO LONG. WE CONSULTED WITH ATTY. LUBOVICH ON MONDAY AND DID GET A CALL THAT A LETTER ON TIlE NON COMPLIANCE WAS SENT TO MR. HOLTZ ON TUESDAY. MR. HUGO CALLED TODAY AND SAID THAT "THINGS TAKE TIME" AND THAT ANOTHER STOP ORDER WAS TO BE PLACED ON THE BUILDING TODAY. WE JUST WANT THIS PIECE OF LAND TO BE WHAT OUR CITY CODES SAY THAT IT SHOULD BE. WHY SHOULD THIS LONG DELAY IN SOLVING THIS PROBLEM BE CALLED "POLITICAL"? IS IT BECAUSE OF MR. HOLTZ FATHER-IN-LAW'S E-MAIL TO THE CITY DCD OFFICE ON JULY 31 ST 03 ? Thank you for your attention; Betty Davies 3 MINUTE COMMENTS TO CITY COUNCIL 24 SEPTEMBER, 2003 Page 1 of 2 Presented by Helen Miller for Mr. Lee Crawford of 1536 Shorewood Drive, Bremerton, WA 98312 Madam President, City Council members, CO~Y MR. LEE CRAWFORD, LIVES AT 1536 SHOREWOOD DRIVE - BREMERTON - AND IS PRESENTLY OUT OF TOWN. HE DELIVERED A COPY OF HIS LETTER TO ME ON 21 SEPTEMBER AND ASKED ME TO READ HIS LETTER, TO THE COUNCIl, THIS EVENING. MR. CRAWFORD ORIGINALLY SUBMITTED THIS LETTER TO THE BREMERTON DCD - IN PERSON - ON JULYJULY 31 03, AND IT WAS SUBSEQUENTLY PROVIDED TO THE BREMERTON CITY ATTORNEY BY MR. SVENSSON OF DCD ON AUGUST 22 03. MR. CRAWFORD HAS RECEIVED NO RESPONSE TO DATE. THEREFORE - FIFTY SIX DAYS LATER - THIS READING: "I'M REQUESTING A RULING OF THE USAGE OF THE PROPERTY AT 1533 SHOREWOOD DR. OWNED BY MR. HOLTZ. I LIVE AT 1536 SHOREWOOD DR. AND HAVE OBSERVED NUMEROUS BOATS BEING TAKEN IN AND OUT OF THE BUILDING ALSO A TRUCK DESIGNED TO TOWLARGE BOA TS HAS BEEN STORED THERE. THIS SEEMS TO VIOL/I TE THE INTENT OF THE LETTER THAT JEANNI JOHNSON WROTE TO MR. AND MRS. DAVIES DATED DEC 2001 (((over twenty months ago))) FROM FILE C01-894. THIS IS AN ONGOING ACTIVITY THAT KEEPS POPPING UP. IT IS TIME TO DETERMINE IF THIS IS A PROPER USE OF THE PROPERTY OR NOT. 3 MINLrI~ COMMENTS TO CITY COUNCIL 24 SEPTEMBER, 2003 Page 2 of 2 THE LATEST THING IS A GARAGE DOOR HAS APPEARED ON AN INSIDE WALL THEN A DEMOLITION PERMIT WAS ISSUED FOR THE OUTSIDE STRUCTURE AND ALL OF A SUDDEN WE HA VE ANOTHER STORAGE AREA NOT ALLOWED BY THE LETTER. PLEASE REVIEW THE USE OF THIS BUILDING. IF YOU NEED ANY MORE INFORMATION ABOUT ITS USE I WILL BE HAPPY TO ASSIST IN ANY WAY I CAN. PLEASE RESPOND TO THIS IN WRITING SO I CAN HA VE A RECORD IN MY FILE. SIGNED LEE CRAWFORD" ~y~o~ a~tention: Helen Miller DATE SUBMITTED: September 19, 2003 BILL # 03"' AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A September 17, 2003 COUNCIL MEETING Date: September 24, 2003 Department: City Council Presenter: Carol Arends Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held September 17, 2003. ATTACHMENTS: Minutes for September 17, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1912 CITY COUNCIL MEETING MINUTES September 17, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 17, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss the agenda. CONSENT AGENDA A. Minutes of Meeting - September 10, 2003 (#AB03-174) B. Professional Services Agreement for Forest Management Assessment and Planning Strategy with the University of Washington (#AB03-175) C. Office of Community Oriented Policing Services (COPS) Universal Hiring Program UHP) 2003 Grant Award (#AB03-176) #0025 MISICIU (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. #0045 M/S/C/U (Younger/McConnell) On September 17, 2003, the Council approved payment for Check Numbers P7848, P7850, 97850, 284202 through 284389, and EFT 7849 in the total amount of $1,435,786.74. COUNCIL MEMBER REPORTS Wayne Olsen wished his wife a happy 42nd Anniversary. Daren Ny;Iren reported that he attended a meeting on Monday to discuss ideas for increasing art in Bremerton, and a workshop on Tuesday to explore "Tele-Commuting" options. On behalf of Don Larson, he announced the "SINCLAIR INLET CLEAN-UP AND MARINE FAIR" events this Saturday; September 20, from 11:00 A.M. to 2:00 P.M. at both the Waterfront Boardwalk in downtown Bremerton and Annapolis Boat Launch in Port Orchard. Lastly, he thanked a Manette citizen (name unknown) who has been sighted cleaning up liter in the local area. Ed Rollman welcomed attorney Ed Wolfe and the Wolfe Law Offices at 6~h & Highland, which were remodeled by Louis D. Mentor Construction and designed by Paulette mentor Design. He and his family offered their prayers to the Louis Mentor family after hearing the news of his illness. Lastly, he thanked the Bremerton voters for passing and approving the EMS Levy. Mike Shepherd announced that the District 5 Neighborhood meeting was rescheduled from September 18 to Thursday, October 2 at the Memorial Lutheran Church; and also offered heartfelt prayers and thoughts to the Louis Mentor Family. TAPE #1912 City Council Reg. Mtg. Minutes September 17, 2003 Page 2 of 4 Will Maupin summarized the issues discussed at the Puget Sound Regional Council's (PSRC) Growth Management Policy Board meeting in Seattle last week; and participated in handing out flyers during the Open House for Passenger Only Ferry service held on the Passenger Only Ferry dock last night. He noted the final date of service will be this Friday, September 19. Mike Short discussed the highlights of the Peninsula Regional Transportation Planning Organization (PRTPO) meeting he recently attended. Carol Arends reported on her attendance at the Kitsap Regional Coordinating Council's (KRCC) Executive Committee meeting; which was followed by an Ad-Hoc Committee meeting to discuss continuum of care and social issues of the County; and tomorrow will be attending the KRCC Annual Retreat in Port Gamble along with fellow Council member Will Maupin. She too thanked the pubic for suppoding the EMS Levy; and discussed the phone call received by Ed Wolfe, during which she conveyed the concerns of the Council regarding the hospitalization of former Bremerton Mayor Louis Mentor. MAYOR'S REPORT - Mayor Bozeman .... · Thanked Patty Hoke and Sherril Huff-Menees for their work in organizing the City Jazz Event at Evergreen Park last Saturday; · Honored City Auditor Michael Stephenson for his years of good service to the City and community, and wished him well on his new job with the Federal Government; · Invited the public to welcome the USS CARL VINSON as part of a City-sponsored event on the Boardwalk beginning at 2:30 P.M. on Friday; · Announced a "kick-off" event for the campaign to bring back Passenger Only Ferries will begin at 3:30 P.M. also on Friday on the Boardwalk; · Has instructed the Police and Fire Department to complete a full investigation into the possibility that arson was the cause of a house fire on Pitt Street over the weekend; · Congratulated the Fire Chief for all the positive votes received on the EMS Levy; and lastly, · Extended prayers on behalf of the City to former Mayor Louis Mentor and his family. PUBLIC RECOGNITION Allen Shute wanted to clarify that the public does not need an appointment to visit Police Chief Rob Forbes or the Police Department, which is open 8:00 A.M. to 5:00 P.M., Monday - Friday. Roy Runyon invited the public to visit www.bremertonwatch.orq, which he describes as "an independent website dedicated to responsive government". Dianne Robinson thanked the citizens of District 6 for their vote. 8A - LEASE WITH PORT ORCHARD SAND & GRAVEL TO REMOVE GRAVEL (#AB03-177): Gene Sampley, Director of Public Works & Utilities, explained that surface mining operations have been conducted by PORT ORCHARD SAND & GRAVEL (POS&G) on Water Utility land under an acquisition agreement signed with ALPINE EVERGREEN, INC. in 1988 in which royalties for extracted materials went to ALPINE. This agreement expires September 27, 2003. The City and POS&G have negotiated a new agreement in which operations may continue in the same location, but royalties of $0.57 for gravel per ton and $0.32 for sand per ton for extracted materials with a minimum annual royalty of $20,000.00 would now be paid to the Utility. The term of the lease is for ten years, and required permits and access have been obtained. It is recommended that the attached lease be approved. TAPE #1912 City Council Reg. Mtg. Minutes September 17, 2003 Page 3 of 4 Allen Shute expressed his opinion that this contract should go out to public bid. Mr. Sampley agreed that if this was a new pit, there would be a formal bid process. However, he explained that there are many considerations, such as to re-permit the site or transfer the permit to another operator would be a complex proposition, and many months of productivity would be lost. Mr. Younger stated that he too initially agreed with the concerns raised by Mr. Shute until he heard the follow-up report made by Mr. McKinney at the request of the Council. He further explained that these are the highest rates in the area right now, and pointed out that there is a clause in the contract which allows the City to cancel the contract with a 90-day notice. #0852 M/S/C/U (Maupin/Short) Move to approve the Lease to Remove Gravel between the CiTY OF BREMERTON and PORT ORCHARD SAND AND GRAVEL, and authorize the Mayor to finalize and execute the agreement. 8B - FY 2003 U.S. DEPARTMENT OFJUSTICE LOCAL LAW ENFORCEMENT BLOCK GRANT {LLEBG) (#AB03-t78): Tim Sholtis, Police Department, announced that the Department of Justice awarded the City of Bremerton $57,323.00 through the LLEBG formula program. The City has a cash match of $6,369.00 over the grant period October 1, 2003 to September 30, 2005. The funding is used towards the purchase of two police vehicles. There were no comments from the public. #0915 M/SiC/U (McConnell/Olsen) Move to approve and accept this Local Law Enforcement Block Grant for $57,323.00, subject to the special conditions and terms for grant administration. 9A- PUBLIC HEARING AND ORDINANCE NO. 4868 [SECOND READING] AMENDING CHAPTER 2.76 OF THE BREMERTON MUNICIPAL CODE AND ESTABLISHING A SYSTEM FOR THE ISSUANCE~ USE~ AND CONTROL OF CREDIT/PURCHASE CARDS {#AB03-'171): The first reading of this ordinance was heard on September 10, 2003. Michael Wilson summarized this issue to the Council, and was available to answer any questions. There were no comments from the public. #0995 M/S/C/U (ShoWOIsen) Move to pass Ordinance No. 4868 on second reading, relating to adopting a system for the issuance, use and control of credit/purchase cards by City officials and employees, and amending Chapter 2.76 of the Bremerton Municipal Code. 9B - PUBLIC HEARING AND ORDINANCE NO. 4869 [SECOND READING] AMENDING RATE TABLE A OF CHAPTER 3.01 OF THE BREMERTON MUNICIPAL CODE RELATING TO UTILITY/LIEN SEARCH FEES (#AB03-'172): The first reading of the ordinance was heard on September 10, 2003. Michael Wilson summarized this issue to the Council, and was available to answer any questions. There were no comments from the public. Mr. McConnell asked if the City currently charges a fee to obtain this information manually. Mr. Wilson responded no, but the City will be proposing modifications to the rate structure. #1122 M/S/C/U (McConnell/OIsen) Move to pass Ordinance No. 4869 on second reading. 9C - PUBLIC HEARING AND ORDINANCE [FIRST READING] RELATING TO WESTPAR;K DEVELOPMENT (#AB03-179): City Attorney Roger Lubovich, pointed out that the proposed ordinance invokes the City's authority under RCW Chapter 35.81 "The Housing Cooperation TAPE #1912 City Council Reg. Mtg. Minutes September 17, 2003 Page 4 of 4 Law", to aid and cooperate with the Bremerton Housing Authority and the Kitsap Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for planning and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. He further explained that Council approval was needed to apply for the federal funds by September 30. Merrill Wallace provided a brief background about the Westpark Housing area, followed by a presentation on the highlights of this project, including the recommended concept. Chris Hu,qo discussed how this land-use designation change would fit with the Comprehensive Plan, and how it utilized proposals developed from the Shaping Bremerton workshops. Bill Elias, Government Affairs Director for the Kitsap Association of Realtors, expressed his concerns regarding the displacement of the current residents. Ro.qer Wade, Deputy Executive Director for the Kitsap County Consolidated Housing Authority, explained that a provision is included in the plan to replace each and every one of the current affordable housing units. This plan also includes the placement of 415 units outside the City limits of Bremerton to decentralize Iow-income housing areas to spread them though out the County as recommended by the Department of Housing & Urban Development (HUD) to not include more than 20% of lower income families into any one particular project, fvlr. Hu.qo added that multi-family units would be directed into locations that are consistent with the new growth strategy that the Comprehensive Plan is based on. Mr, Youncler added that he included a request to have the Anderson Cove area declared a blighted area so the Iow-income housing development would also be eligible for federal funds. After questions and further discussion by the Council, the vote was taken... #2525 M/S/C/U (Maupin/Nygren) Move to approve the proposed ordinance on first reading. With no further business, the regular meeting of the City Council was adjourned at 6:47 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP JIIslcge DATE SUBMITTED: August 25, 2003 BILL #~ O7 -- AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3 6 SUBJECT: 2003 Bulletproof Vest Committee Meeting Date: 9-16-2003 Partnership Grant COUNCIL MEETING Date: 9-24-2003 Department: Police Presenter: Tim Sholtis Phone: 473-5277 SUMMARY: The federal government will pay 50 percent of the costs when the Police Department purchases ballistic vests through September 30, 2007. The City received federal funds in the amount of $19,103.96. Current costs for the vests are $755.00. Fifty vests could be purchased. Police on duty are afforded protection through the use of safety and body armor. ATTACHMENTS: Electronic Announcement Message FISCAL IMPACTS (Include Budgeted Amount): Budget expenditures on vests over the next four years will be reduced $19,103.96. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR:FINANCE DIRECTOR: OPERATIONS: r~. 'T?~¢((: ~'7 CONSENT AGE~A CO~CIL PRES~ENT: ~CO~ED MOTION: Move to approve and to accept the Vest P~nership Grant funding. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action Cathy Johnson - FY2003 BULLETPROOF VEST PARTNFRsHIP GRANT PROGRAM FUNDING ANNouNCEMENT. Page 1 From: <vests@ojp.gov> To: <CJOH NSON@CI.BREM ERTON.WA. US> Date: 6/30/03 8:59AM Subject: FY2003 BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM FUNDING ANNOUNCEMENT. On behalf of Assistant Attorney General Deborah Daniels and the Bureau of Justice Assistance (BJA), it is my pleasure to officially announce that BREMERTON CITY's application for the 2003 Bulletproof Vest Partnership Grant Program has been approved in the amount of $19103.96. This amount represents the maximum federal funds available These funds may be used to pay up to 50% of the cost of approved vest purchases. BJA is proud of its success in partnering with state and local law enforcement by providing resources to departments for the purchase of protective body armor. Since this program began in 1999, BJA has provided $118 million to support the purchase of more than 400,000 vests nationwide. In the near future, you will be notified when this year's funding is available for direct, online payment requests. Additional information about program requirements will also be forthcoming. If you need any immediate assistance, please call our technical support team toll-free at 1-877-758-3787. Thank you Sincerely, C. Camille Cain (Acting) Director, BJA ,/ Ti~ sh01tis :~B~ N~w A~p~i~g Receipts ~nd ts~y~t i~t~tS f~ _F_ Y~0~-A~pliCations From: <vests @ ojp.gov> To: <C JOHNSON @ CI.BREMERTON.WA.US> Date: 7/18/03 9:55AM Subject: BVP Now Accepting Receipts and Payment Requests for FY2003 Applications Congratulations on your recent award from the federal Bulletproof Vest Partnership Program. The Bureau of Justice Assistance (BJA) is now prepared to begin accepting your online requests for payments. Simply follow these easy steps to receive your funds: PAYMENT REQUESTS: All program transactions are conducted over the Internet, by logging on at http://vests.ojp.gov. As vests are pumhased and delivered to your jurisdiction or one of your participating law enfomement agencies, online vest receiving reports must be completed by the agency or jurisdiction contact person, followed by the jurisdiction's online payment request (section 4.1 in the jurisdiction electronic handbook). Jurisdictions are responsible for ensuring that pumhased vests are in compliance with applicable program standards, that the invoiced prices do not include unrelated law enforcement equipment, and that program payments do not exceed 50% of the total costs. When BJA receives the jurisdiction's request for payment, it is reviewed for compliance with program standards. With its approval, requested funds are then electronically transferred from the U.S. Treasury to the jurisdiction's bank account of record. Please allow up to twenty-five business days after each online payment request for the electronic transfer to be completed. Jurisdictions are responsible for facilitating prompt payment to vest vendors and will be notified via email each time funds are transferred. PLEASE NOTE: The payment process automatically calculates and transfers half of the requested amount, until the jurisdiction's available funds are depleted. Therefore, jurisdiction contacts must carefully manage how funds are requested to ensure equitable distribution to all law enforcement agencies, if applicable. CHANGE YOUR MIND: BJA recognizes that law enforcement agency operational and equipment needs may change. Consequently, participating agencies are not required to purchase the exact number, type or model of vests contained in the approved application. Vests may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. The original application cannot be changed; any changes in actual purchases must be reflected in the online Receipt of Vest portion in each participant's electronic handbook. ELIGIBLE OFFICERS: Only law enforcement officers may receive vests through this program. According to the Act, "law enforcement officer" means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. Eligible officers may be full-time, part-time, paid or volunteer. FUNDS AVAILABLE FOR MULTIPLE YEARS: Jurisdictions may request payments from this year's award through September 30, 2007. Payments of federal funds can be requested whenever vests are received. If your jurisdiction received an FY2003 LLEBG award, you may not purchase vests in FY2003 using both LLEBG and BVP funds. AUDITS: Procurement transactions and payments are subject to audits by a variety of agencies and organizations. Jurisdictions must follow their local procurement policies and procedures, including maintenance of reliable and accurate accounting systems, record keeping, and systems of internal control. Recipients of federal funds are expected to retain documentation supporting all program transactions for at least three years after the closure of audit reports related to such findings. If any litigation, claim, negotiation, audit, or other action involving records has been started before the expiration of the three-year period, the records must be retained until completion of the action and resolution of all related issues, or until the end of the regular three year period, whichever is later. AWARD NOTICE: The email message sent on behalf of C. Camille Cain, Acting Director, BJA was the official funding notification. No award or grant documents wilt be forthcoming and this program does not have a generic grant or award number. The Catalog of Federal Domestic Assistance (CFDA) number for this program is #16.607, the full text of which can be found under Program Resources at the program's main web site http://vests.ojp.gov. NEED HELP: If you need help with the electronic handbooks or other technical, Intemet issues, please call the BVP technical support staff at toll-free 1-877-75VESTS (f-877-758-3787) or at the toll number 301-595-4595. If you require program or policy information, please address your questions to the attention of the Bulletproof Vest Program Manager, Bureau of Justice Assistance, 4th floor, 810 7th Street, N.W., Washington, D.C., 20531. Again, congratulations and thank you for participating in this important program. Sincerely, The Bulletproof Vest Partnership Program, BJA DATE SUBMITTED: 9/4/03 BELL # O '7~ _ I ~::'~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3C SUBJECT: Award Contract for SR 304 Committee Meeting Date: 9/16/03 Transportation Improvement Project, COUNCIL MEETING Date: 9/24/03 Underground Storage Tank Department: PW&U, Engineering. Decommissioning No. 3 Presenter: Michael Mecham/~('2/~ Phone: 360.473.5288 SUMMARY: Three proposals for the SR 304 Transportation Improvement Project, Underground Storage Tank Decommissioning No. 3 were received and reviewed on '.,~ (5~-.~L~ ~, .,'.3:,~. The engineer's estimate for the project is $ fo.~-7 . ~iW~,,: ~ (:.i~,, ~,,.~ di:3 i i~i was the lowest responsive, responsible contractor with a bid of $ '~4 ~' '~-~-~ 7 ATTACHMENTS: 1) Proposal Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is funded by Federal Highway Administration and State Transportation Improvement Board funds and is included in the 2003 budget. APPROVALS: ~ DEPARTMENT DIRECTOR: . CITY ATTORNEY: ~-~..~'~ i ii~i:..~ FINANCE DIRECTOR: [..w-d~..__~. ~.~(~_..__ FISCAL/BUDGET: 4 OPERATIONS: ~'~.~ ['(~"'~t'~ CONSENT AGENDA COUNCIL PRESIDENT: ~t~. ffZ~5-gt..t'~-~ RECOMMENDED, MOTION: I move to award a contract in the amount of $ /4~ t .~ withS;=c ~,~,~ ~ [ ,d,t~ ~,~ aA '~<. for construction of the project titled "SR 304 Transportation Improvement Project, Underground Storage Tank Decommissioning No. 3" and authorize the Mayor to execute the necessary contract documents for construction. ab, Agenda Bills 2003, SR 304 UST No 3, 9-03 COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action l0 A~I~N I~A BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: Sept..1~, 2003 Kitsap Lake House Rental Agreement COUNCIL MEETING Date: Sept. 24, 2003 Department: Parks & Recreation Presenter: Jodi Wroblewski Phone: 360/473-5429 SUMMARY: On September 8th, the Kitsap Lake house became vacant again. We were interested in insuring that a Cit3 employee occupy the house to help keep an eye on the adjoining park property. Following the City's policy for the "Selection of Tenants - City Owned Residential Rental Property" (Financial Policy 1-20-06), the Finance Department advertised the vacancy and took the names of interested City employees. On September 12t~, '~o~( ~m~x'7-~ . ~Rfi.~l ,.,~V~,~Department) name was drawn from the ~ City employees who applied. ~ Note: At the beginning of January, 2003, when the Kitsap Lake house became vacant, we contacted several area realtor and rental management firms. One of the rental management representatives even visited the house. In general, the rental rates for a similar rental unit in the area are between $700 and $850. As a result of these inquiries, the monthly rental rate was raised by $125.00 to $700.00 a month. ATTACHMENTS: City Policy for Selecting Tenants for City Owned Residential Property · Rental Agreement · Renter Information FISCAL IMPACTS (Include Budgeted Amount): The rent fi.om this house is budgeted in the 2003 budget. Impact to staffing, operations and maintenance is minimal. APPROVALS: / ( C~.,_Q(. ~"'r:. CONSENT AGENDA COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve and authorize the Mayor to enter into a Rental Agreement for the Kitsap Lake house with (Tenant's name) ~3'~t'~[ ~:x-Wk~.C'~-'ff-- COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action September 10, 2003 To: Paula Johnston From: Jodi WrOblews~ ~.;~ RE: Kifsap Lake House- Rental Per our telephone conversation - You will note that the renter is not identified. That is because the application deadline to rent the Kitsap Lake House is this Friday, September 12, 2003 - noon. At that time we will draw the name of the employee. We shall then check the employee's references. All of this should be accomplished by 5:00 Tuesday - in time to meet with the Council Committees. The contract has been reviewed by Dave Herren in the City Attorney's office. He indicated that the contract is acceptable. Attached is all of the documentation - of course without the name of the candidate. When I come to Committees, I shall have an agenda bill with the authorizations, and the contract with the name of the candidate filled in. If you have questions, please call me - # 5429 I Jedi Wroblewski - FOR RENT - KITSAP LAKE HOUSE Page 1 ~ From: Chede Henry To: Aaron Elton; Administrator; Addanne Ralph; Al Duke; Alan Hornburg; Alex Magallon; Allan Lawrence; Andrea Maples; Andrew Oakley; Angle Silva; Ann Beahm; Ann Finnegan; Annie Davis; Arthur McCarty; ASSISTANT HRTEMPORARY; Barbara Forbes; Barry Mitchell; Becky Hoffman; Becky Lorber; Bestwick; Betty Mathes; Bill Cook; Bill Eley; Bill McKinney; Billy Renfm; Bob Tulp; Bonnie Gmneman; Bonnie Krause; Brad Richard; Brandy Barber; Brenda Golnik; Brent Prante; Brett Jones; Bdan Johnson; Brian Marceau; Carol Arends; Carol Cooley; Carnie Heavener; Caroline Bushey; Cary Bozeman; Cathy Johnson; Chad Hantelman; Chance Berthiaume; Charleen Bumette; Charles Ernst; Chadie Rinard; Charlotte Belmore; Chede Henry; Chds Hugo; Chds Mottneq Chds Spinks; Christine Grenier; Christopher Wright; City Council; City Calendar; City Clerk; Clay Shuitz; Clinton Ratliff; Colen Corey; Comprehensive Plan; Conference Room A; Corinne Kuhns; Craig Rogers; Crystal Gray; CSO; Cynthia Engelgau; Dale Vogltanz; Dan Heistand; Dan Miller; Dan Trudeau; Dana Clevenger; Daniel Adams; Daniel Fatt; Daniel Mustard; Dave Boynton; Dave Carter; David Buffington; David Horton; David Hughes; David Jose; David Moen; David Sherman; David Wallace; David Williams; Dean Souza; Debble Williams; Dennis Hughes; Derek Skanes; Diana George; DiAnna Minor; Don Hock; Donald Sefton; Donna Goodwin; Duane Mattson; Earl Yarner; Ed Swan; Ed VVinningham; Eduardo Aban; Elaine Valencia; Elena Rinooos; Elise Berg; Ernest Hopl~er; Felicia BROWN; Finance; Fire Department; Fire Station 3; Fire Station 1; Fira Station 2; Floyd May; Frank Shaw; Gary Bowman; Gary Nystul; Gary Sexton; Gemma FRARY; Gene Sampley; Geoff Sharer; Glenn Shephard; Greg Cryder; Greg Rawlins; GROUPWISE GUARDIAN; Gunnar Fdddksson; Harry Repine; Heather Souza; HelpDesk; Human Resources; lan Coen; Jacquelyn Horton; James Bumhett; James Docter(...) Date: 8/27/03 9:44AM Subject: FOR RENT ~ KITSAP LAKE HOUSE Place: Conference Room A 2 bedrooms, electric heat and pallet stove, range, refrigerator, washer/dryer. Detached garage and workshop. Low bank waterfront w/dock. $700/mo. ($350 refundable deposit) Employees interested in renting the house should complete the attached application and send it either by inter-office mail or by e-mail to Chede Henry in Administrative Services no later than 12:00 Noon on Fdday, September 12, 2003. The selection process will begin in the aftemoon of September 12th and the Parks Department will notify interested employees of the results no later than Monday, September 15, 2003. The process used for selection of tenants for City owned residential rental property can be found in Financial Policy 1-20-06. No information other than that cOntained in this e-mail is available from Administrative Services. For specific information regarding the house and grounds, please contact Jodi Wroblewski at the Parks Department, 473-5305. Please share this information with employees who do not have access to e-mail. RENTAL AGREEMENT The City ofBremerton, a Washington municipal corporation ("City"), whose mailing address is 239 4~ Street, Bremerton, Washington 98337, does hereby rent unto 3~0n~ 104~r~irCr/-("Tenant"), a full time employee of the City of Bremerton, for the use of the Tenant as a residence located 1978 Price Road, Bremerton, Kitsap County, Washington 983 UPON THE FOLLOWING TERMS AND CONDITIONS: 1. Tenant agrees to pay as monthly rent, the sum of Seven Hundred dollars ($700.00) including State leaseholder tax beginning the 1st day of October, 2003, and continuing in advance of the first day of each month thereafter until the termination of this Rental Agreement by one of the parties. All payments are to be made to the City of Bremerton via payroll deduction directly from Tenant's pay. a. Tenant shall pay, in addition to the above rent, all charges for electricity, water, garbage, heat, telephone, and all other services supplied to the premises. All leasehold assessments and charges not specifically assumed by the City are the obligation of and payable by the Tenant. b. Tenant shall make all repairs to the premises, except that the City shall maintain all electrical, plumbing, heating, and other facilities and appliances supplied by City in reasonably good working order. c. Tenant shall not paint or wallpaper, remove any fixtures, alter, or make major improvements to the premises without prior written approval of the City. d. This Rental Agreement may be terminated at any time by either party by giving written notice twenty (20) days in advance of the end of a monthly rental period e. City shall give thirty (30) days written notice to the Tenant that a rent adjustment is being made. This notice shall include the amount of the adjusted rental rate and the date the new rate is to become effective. Failure or refusal by the Tenant to pay the adjusted rental rate shall constitute a breach of this Rental Agreement and entitle the City to legal recourse. 2. Tenant shall deposit with City Three Hundred & Fifty dollars ($350.00) as securits' for performance of Tenant's obligations in this Rental Agreement. If Tenant falls to comply with any aspect of any of the terms and conditions of this Rental Agreement, City may withhold all or part of this deposit to indemnify City for its actual damages to the premises for which Tenant is responsible~ After withholding those sums necessary to compensate City for damages to the premises for which Tenant is responsible, City shall return to Tenant all remaining sums not so withheld. Parks & Re~'re. alion Ratltal Agr~ment Revised 9/~2003, 5:44 PM CkyofBremerton RENTAL AGREEMENT Page 2 of 6 City shall not collect such deposit until a written checklist or statement that specifically describes the condition and cleanliness of or existing damages to the premises and its furnishings has been provided by the City to Tenant by the commencement of the Tenant's tenancy. This checklist or statement shall address, at a minimum, the condition and cleanliness of the walls, floors, countertops, carpets, drapes, furniture, and appliances. To be effective, this checklist or statement shall be signed and dated by the City and Tenant, and a copy of the checklist or statemem must be provided to Tenant. All monies paid to City under this Section shah be deposited, in trust, by City into the City's Adm'mistrative Trust Account to be maintained by the City for the purpose of holding this deposit in a bank, savings and loan association, mutual savings bank or licensed escrow agent located in Washington. City shall provide Tenant with a written receipt of her/his deposit, which receipt shall include the name, address and location of the depository. 3. Tenant acknowledges that he/she has had an opportunity to inspect the premises, has had an opportunity to consult an attorney regarding this Rental Agreement, and further acknowledges: a. that the roofs, floors, walls, foundation and all other structural componems are in reasonably good repair and are usable and capable of resisting any and all normal forces and loads to which they may be subjected; b. that the premises is not currently infested by insects, rodents or other pests; c. that alt electrical, plumbing, heating, and other facilities and appliances are in reasonably good working order and that those facilities are adequate to supply heat and water and hot water as reasonably required by Tenant; and d. that the dwelling unit is in a reasonably weathertight condition. 4. Tenant shall immediately establish, keep and maintain the premises in a neat, clean, safe and sanitary condition at all times as the conditions of the premises permit, and at the end of the Rental Agreement, Tenant shall surrender the premises and dwelling to the City in as clean, good and sanitary condition as reasonable use and wear and tear permit. 5. Tenant shall be responsible for maintaining, in good condition, the yard surrounding the dwelling unit. This includes mowrmg and watering the grass, lawn, flowers, and shrubbery, in good order and condition. Parks & Recreation Rea~al Agreement Revised 9/8/2003, 5:44 PM City of Bremerton RENTAL AGREEMENT Page 3 of 6 6. Tenant shall be responsible for keeping the sidewalk surrounding the premises ti'ee and clear of all obstructions; replacing in a neat and workman like matter, all glass and doors broken during occupancy thereofi and using due precaution against fi~eezing of water or waste pipes and stoppage of same in and about said premises. In case water or waste pipes are frozen or become clogged by reason of neglect of Tenant, Tenant shall repair the same it his own expense as well as all damage caused thereby. 7, Tenant shall properly dispose of all rubbish, garbage and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and Tenant shall assume all costs of extermination and fumigation for infestation caused by Tenant. 8. Tenant shall properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by City. 9. Tenant agrees that the existing locks for the premises are reasonably adequate and that, upon termination of the tenancy, Tenant shall return all keys in her/his possession to the City 10. Tenant shall maintain the smoke detection device(s) in accordance with the manufacturer's recommendations, including the replacement of batteries as required for the proper operation of the smoke detection device. 11. Tenant agrees that he/she shall not intentionally or negligently destroy, deface, damage, impair, or remove any part of the dwelling unit and outbuildings, including all appurtenances thereto, including the facilities, equipment, furniture, furnishings and appliances furnished by City, and Tenant further agrees that he/she shall not permit any member of his/her family, invitee, licensee--or any person acting under their control--to do so. 12. Tenant shall not assign this Rental Agreement or sublet any part of these premises, without City's prior written consent. Tenant covenants that she/he is entering into this Rental Agreement as a principal and that she/he is not acting for any tmdisclosed principal. 13. City reserves the right to make periodic inspections and necessary repairs to the premises upon two days notice to the Tenant and to come on to said premises with or without such notice to make necessary emergency repairs to said premises. 14. City reserves the right to tie the Parks & Recreation Department's boat to the existing dock and park the boat trailer in the yard by the garage from May 1st through September 30th. Parks & Recreal~on Rental Agreement Revised 9/8/2003~ 5:44 PM City of Bremerton RENTAL AGREEMENT Page 4 of 6 14. Should said dwelling be totally destroyed by fire, lightning, earthquake or any other casualty, this agreement shall be deemed terminated, forthwith. Should fire, lightning, earthquake or any other casualty partially damage said dwelling, whether or not the premises are affected thereby, City may elect to terminate this agreement or to repair such damage. If City elects to repair, the rent shall be abated in the same ratio which that portion of the premises rendered for the time being unfit for occupancy and not used or occupied by Tenant shall bear to the whole premises unless the loss was occasioned by the Tenant, in which case no ahatement shall occur. 15. Upon taking possession of the premises by the City, either upon termination of this agreen~nt or upon abandonment of said premises by the Tenant, the City or its Agent may remove from the premises all personal property of the Tenant. Disposition of any personal property shall he subject to the Residential Landlord-Tenant Act, Chapter 59.18 RCW. 16. TENANT AGREES THAT SHE/HE WILL NOT FILE ANY CLAIM OR SUIT FOR RELOCATION ASSISTANCE UNDER FEDERAL, STATE OR LOCAL LAW AND WAIVES ANY CLAIMS SHE/HE HAS, NOW OR IN THE FUTURE, ARISING FROM THOSE LAWS. 17. Tenant covenants to defend, indemnify and hold City harmless fi.om all claims, demands, causes of action, judgments, attorney's fees, costs and expenses for property damage, bodily injuries or death arising fi.om or connected with Tenant's use or occupancy of said premises or the area adjacent thereto, resulting directly or indirectly from the acts or omissions of Tenant, or any agent or guests of Tenant, but such obligation of Tenant shall only apply to the extent of the negligence or comparative fault of Tenant, or any agem or guest of Tenant. 18. This Rental Agreement shall be governed in all respects by the laws of the State of Washington. Any action brought by either party to enforce the tern of this agreement shall be exclusively within the jurisdiction, venue and roles of procedure of the Kitsap County Superior Court. 19. To the extent not inconsistent with any applicable federal or state law, Tenant and City hereby agree that each party shall be responsible for its own legal costs and attorney fees arising from any legal action brought by either party to enforce the terms, covenants and conditions of this Rental Agreement. Parks & Recreation Rental Agreement Revised 9/8?2003, 5:44 PM City of Bremerton RENTAL AGREEMENT Page 5 of 6 20. The provisions of this Rental Agreement are declared to be separate and severable. The invalidity of any clause, sentence, paragxaph, subdivision, section or portion of this agreement, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Rental Agreement, or the validity of its application to other persons or circumstances. 21. Any notices required or desired to be given under this Rental Agreement shall be in writing. Any notice given by mail shall be sent, postage prepaid, by certified mail, return receipt requested, addressed to the pan'y to receive at the following address or at such other address as the party may from time to time direct in writing: CITY TENANT The City of Bremerton Attn: Jim Spencer, Director "~v~ ~,,~¥ ~'7.,_ 239 4t~ Street 1974 Price Road Bremerton, Washington 98337 Bremerton, WA 98312 Telephone: (360'} 478-5305 Telephone: ( ) Facsimile: (360) 478-5882 Facsimile: ( ) 22. This instrument contains all the agreements and conditions made between the parties hereto pertaining to the rental of the property herein described and may not be modified orally or in any other manner other than by an agreement in writing signed by all parties hereto. The receipt of rent by the City with knowledge of any breach of this Rental Agreement b)~ the Tenant or of any default on the part of the Tenant in the observance or performance of any of the conditions or covenants of this Rental Agreement shall not be deemed to be a waiver of any provision of this Rental Agreement. No failure on the part of the City to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by the City unless in writing, shall discharge or invalidate such covenant or provision or affect the right of the City to enforce the same in the event of any subsequent breach or default. 23~ Tenant shall notify the Director of Parks and Recreation upon the following: a. Tenant shall not be on premises due to vacation, hospitalization, etc.; or b. Any other problems arise regarding the other aspects of the tenancy. 24. Tenant shall not use premises for any purpose other than a residence and shall not use the premises for any illegal purpose. Parl~ & Re.cation Rental Ag~ement Revir~d 9/8/2003, 5:44 PM City of Bremerton RENTAL AGREEMENT Page 6 of 6 CITY OF BREMERTON TENANT CARY BOZEMAN, Mayor DATE DATE APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney Parks & R~'reation P,~mtal Agreemgat Revised 9/8/2003, 5:44 PM BREMERTON PARKS & RECREATION CITY OFBREMERTON 680 Lebo Boulevard RENTER INFORMATION Bremerton, WA 98310 Phone: (360) 473-5305 Fax: (360) 478-5882 Name LAST FIRST MIDDLE (MAIDEN) Mailing Address NUMBER STREET CITY STATE ZIP CODE Telephone ( ) Work Telephone ( ) Message Telephone ( ) Name of Contact Employment Start with your present or last job. Include military service assignments and volunteer activities. EMPLOYER DATES EMPLOYED Work Performed FROM TO ADDRESS JOB TITLE HOURLY RATE/SALARY STARTING FINAL SUPERVISOR TELEPHONE NO. REASON FOR LEAVING EMPLOYER DATES EMPLOYED Work Performed FROM TO ADDRESS JOB TITLE HOURLY RATE/SALARY STARTING FINAL SUPERVISOR TELEPHONE NO. REASON FOR LEAVING References: Give name, Address and telephone number of three references who are not related to you and are not previous employers: Page 1 of 2 Agreement and Release Failure to sign and date this application will disqualify you from further consideration. 1 certify that answers given herein are true and complete to the best of my knowledge. I authorize all my employers and their agents listed in this application to furnish to the City of Bremerton or its agents any and all information that they have concerning me, my work records, medical records, and such other information and records as they may have relating to me. Information of a confidential or privileged nature may be included in the materials provided to the City of Bremerton or its agent. Information will be used to assist the City of Bremerton or its agents in determining my qualifications and fitness as a tenant. I will make no attempt to gain access to the information provided to the City of Bremerton or its agents in conjunction with this process and hereby expressly waive any rights I may have to request the disclosure of information provided to the City of Bremerton or its agent. Further, I do hereby release you, all my employers listed on this application, their agents, and others from any liability or damage which may result from furnishing to the City of Bremerton or its agents pursuant to this waiver and authorization to release information. CONSENT FOR CHECK OF PERSONAL REFERENCES I hereby authorize the City of Bremerton to perform a check of my personal references. My personal references are included with my rental application. Any reasonable method may be employed to obtain this information. I further agree to take whatever other reasonable steps are necessary to assist the City in obtaining such information. This authorization is in relation to my application to rent a dwelling owned by the City and my authorization is restricted to such use. I have had an opportunity to consult with an attorney prior to signing this consent. I have signed this consent of my own free will. Signature of Applicant Date ~'~ ~'~ Page2 of 2 INDEX EFFECTIVE DATE: 6/24/98 Property/Assets APPROVED 1-20-06 REVISED DATE: POLICY The City owns several residential homes abutting parks and pump stations. Leasing these homes to City employees and requiring security and maintenance of the premises is in the best interest of the City. It is the City's intent to establish a consistent method for renting City owned residential property to City Employees. PROCEDURE 1. When a City owned house becomes available, the responsible Department Director will inform the Director of Administrative Services. 2. The Director of Administrative Services will prepare a memo to all departments advising of the rental availability, summarizing specific information about the property and defining any maintenance or security requirements. A closing date for response by interested candidates will also be specified. 3. Interested City employees will forward their names to the Administrative Services Director, who in turn will forward a list to the responsible Director. 4. Employees working within a Department that owns or manages the proper~y will be given preference over other candidates. 5. If there is more than one interested/acceptable employee in the Department that owns or manages the property, the renter will be determined by lottery by the Director in the presence of the interested candidates. 6. If there are no interested/acceptable employees from the Department that owns or manages the property, the remaining listed employees will be reviewed by the responsible Director. Those determined to be acceptable will be placed in a pool. The renter will then be picked by the responsible Director in the presence of the Administrative Services Director. 1 RF~IDENTIAL RENTALPOL ) 7. The employee selected shall provide a signed release allowing the manager to dc a standard tenant re~-rence and credit check. 8. Rental market rate values will be assessed periodically, but not more often than once annually, and may result in an increase in rent. 9. The responsible Director shall prepare and finalize the Residential Rental Agreement. 2 DATESUBM1TTED: BILL# 0~--I AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: MEMORANDUM OF Committee Meeting Date: September 23, 2003 UNDERSTANDING BETWEEN THE COUNCIL MEETING Date: September 24, 2003 CITY OF BREMERTON AND THE U.S. Department: Police NAVY Presenter: Chief Forbes Phone: SUMMARY: The Jackson Park Military Housing Ama ("Jackson Park") is located inside Bremerton city limits. Traditionally, calls to 911 from residents of Jackson Park were dispatched to the Navy's on-site contracted security forces. The Navy has informed the City of its intention to cease providing on-site security services in Jackson Park. In order to provide for the continuation of 911 response to calls made from Jackson Park, the City and Navy have agreed in principal, subject to council approval, to provide such services in partnership with one another. The Attached Memorandum of Understanding ("MOU") delineates the proposed method by which the Navy and Bremerton Police Department will share police duties inside Jackson Park. ATTACHMENTS: MOU regarding police duties in Jackson Park. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ~till be heard 9/23/03 CONSENT AGENDA [] OPERATIONS: ~/ill be heard °~/23/03 COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to authorize the Mayor to enter into the attached MOU with the Navy. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Ac~io, To: City Council From: Police Chief Robert D. Forbes Date: 9/18/2003 Re: Jackson Park Naval Family Housing The fiscal impact associated with providing law enforcement services to the Jackson Park Naval Family Housing area are difficult to quantify at this time. However, it is anticipated that there will be costs associated with the adjudication of arrests/offenses via the civilian criminal justice system as well as the responding Officers and Managers time and resources required to address issues within the Jackson Park area. Robert D. Forl~es Chief of Police Last Revised 9/23/03 DEPARTMENT OF THE NAVY NAVY REGION NORTHWEST MEMORANDUM OF UNDERSTANDING BETWEEN COMMANDER, NAVY REGION NORTHWEST AND THE CITY OF BREMERTON Subject: DEFINITION OF JACKSON PARK NAVAL FAMILY HOUSING AREA LAW ENFORCEMENT RESPONSIBILITIES Reference: (a) Letter from Commanding Officer, Western Division, Naval Facilities Engineering Command: Jackson Park Naval Family Housing Area: retrocession of exclusive federal oiurisdiction Enclosure: (1) CENCOM priority definition 1. Purpose. To establish a Memorandum of Understanding (MOU) between the Commander, Navy Region Northwest (COMNAVREG NW) and the City of Bremerton Police Department (BPD), outlining the obligations and responsibilities of both parties in regards to law enforcement and security functions in Jackson Park Naval Family Housing Area (Jackson Park). It is mutually agreed that nothing herein shall be construed as obligating either party to violate existing laws or regulations. 2. Background. In the early 1960s, the City of Bremerton started proceedings to annex an area known as Jackson Park, consisting of 216 acres with a current inventory of 870 Navy housing units. In 1978, the Navy requested a change in legislative jurisdiction from exclusive federal jurisdiction to concurrent jurisdiction. The Governor of the State of Washington approved the requested change in 1982. (Reference (a)). The Navy, through use of a contractor, Johnson Controls, has traditionally provided "first responder" services. At this time, Naval Criminal Investigative Service (NCIS) and COMNAVREG NrW Security are the primary investigative bodies when a criminal offense is reported at Jackson Park. Currently, all felony level crimes committed by civilians at Jackson Park are prosecuted via the civilian justice system. The majority of crimes committed by members of the armed forces are presently prosecuted via the military justice system. Misdemeanors and gross misdemeanors are currently prosecuted by the Staff Judge Advocate of Naval Station Bremerton, at Federal Magistrate Court. The Navy is standardizing services across Navy Region Northwest Area of Responsibility (AOR). As of October 1, the Navy will cease to provide "first responder" services at Jackson Park. This change represents an additional burden on the City's resources. Recognizing this burden the Navy intends to assist as much as possible as discussed in this agreement. R:\LEGAL\Contracts~Police~vlOU re Jackson Park 9~23-03.doc Last Revised 9/23/03 3. Responsibilities. (a) BPD shall: (1) Be the "first responder," as provided for herein, for law enforcement calls from Jackson Park received by Kitsap County Central Communications (CENCOM). As "first responder" BPD will normally be dispatched by CENCOM in accordance with priorities established in enclosure (1) and available manning in the following manner: *, Priority 1 and 2 calls typically receive immediate dispatch response. · Priority 3, 4, and 5 calls will be responded to as time and resources allow. Calls will be forwarded to investigators and follow-up personnel of COMNAVREG NW if BPD is unable .to respond within a reasonable amount of time and such "back up" response is warranted. Additionally, BPD shall act as the initial investigative body on incidents they respond to. BPD may then continue their investigation, follow-up, and prosecution of cases or turn such investigations and cases over to COMNAVREG NW Security. BPD will cooperate fully and exchange all pertinent information with COMNAVREG NW Security and NCIS gained during an investigation, when appropriate. (2) Work in partnership with NCIS and COMNAVREG NW to provide the same level of law enforcement service to the residents of Jackson Park as is delivered to other residents of Bremerton in accordance with this agreement. (3) Assist in the adjudication of arrests/offenses via the civilian criminal justice system. Notify, within a reasonable amount of time, NCIS and the Staff Judge Advocate at Naval Station Bremerton if the City of Bremerton or Kitsap County decide not to pursue adjudication of a particular case via the civilian criminal justice system. Naval Station Bremerton will then decide whether to pursue prosecution in the military or federal courts as jurisdiction allows. (4) Support COMNAVREG NW Security with special programs and events as time and manpower permit, as determined by BPD. (b) COMNAVREG NW shall: (1) Provide "back-up" response to law enforcement calls from Jackson Park. Upon receipt of a Priority 1 or 2 call, CENCOM will dispatch BPD as the primary responder and pass the call to NESCOM who will dispatch Naval Station Police as a backup unit. COMNAVREG NW Security shall continue its practice of performing random patrols at Jackson Park. R:'tLEGAL\ContractsWolice\MOU re Jackson Park 9-23-03.doc Last Revised 9/23/03 (2) Upon notification by BPD or CENCOM, COMNAVREG NW Security will acknowledge priority 3, 4, or 5 calls for law enforcement services and handle as time and manning allow. (3) Work in partnership with NCIS and BPD to provide the same level of law enforcement service to the residents of Jackson Park as is delivered to other residents of Bremerton in accordance with this agreement. (4) Upon request of BPD, COMNAVREG NW Security shall transport active duty military members to the Kitsap County Jail on behalf of BPD when circumstances would result in an unacceptable loss of patrol coverage within the City should BPD Officers be required to complete the transportation. (5) Refer to NCIS for investigative consideration all reports of felony crimes where a member of the armed forces is a suspect or victim. Those reports not investigated by NCIS will be referred to COMNAVREG NW Security for investigation. NCIS and COMNAVREG NW Security will cooperate fully and exchange any and all pertinent information with BPD gained during an investigation, when appropriate. (6) Pursue criminal charges through military or federal justice system, as jurisdiction will allow, if the City of Bremerton or Kitsap County choose not to pursue adjudication of a particular case via the civilian criminal justice system. (7) When requested by BPD, consider utilization of the Military Protection order process in resolution of minor domestic violence incidents where the suspect is a member of the armed forces and Bremerton Police have not otherwise made an arrest. (8) Provide enforcement for all Navy Housing regulations and issues, including but not limited to: · Parking enforcement ,, Lock-out services for residents who have forgotten their keys · Fire-arms registration · Housing/Tenant complaint resolution · Animal control (9) Support BPD with special programs and events as time and manpower permit, as determined by Naval Station Bremerton Police Department. 4. Effective Date. This MOU shall be effective 1 October 2003 and shall remain in effect until cancelled per paragraph 6 below. 5. Review. Each party shall review this MOU annually to evaluate its effectiveness and determine the need for continuation or modification. R:\LEGAL\Contracts~Police~vlOU re Jackson Park 9-23-03.doc Last Revised 9/23/03 6. Revision, Modification, or Cancellation. This MOU is subject to revision, modification, or cancellation in accordance with the following: (a) Requests by either party to revise or modify the agreement shall be forwarded by written notice to the other party in a timely manner, so that both parties agree to the proposed change at least 60 days prior to its effective date, unless mutually agreeable. (b) Notification of intention by either party to cancel the agreement shall be forwarded by written notice to the other party at least 180 days in advance of the proposed termination date, unless mutually agreeable. 7. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington and the United States of America. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the U.S. District Court for Western Washington. 8. No Third Party Beneficiary. Nothing in this agreement shall be construed to create or confer any right or remedy upon any person(s) other than the City of Bremerton and COMNAVREG NW. No action may be commenced or prosecuted against any Party by any Third Party claiming as a Third Party beneficiary of this agreement. 9. Nonwaiver of Breach. The failure of either party to insist upon strict performance of any of the terms contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and they shall remain in full force and effect 10. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. 11. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City of Bremerton and COMNAVREG NW. 12. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. R:~LEGAL\Contracts~PoliceWIOU re Jackson Park 9-23-03.doc Last Revised 9/23/03 13. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the parties to this agreement, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. HON. C. BOZEMAN DATE L.R. HERING, SR. DATE MAYOR RDML, USN City of Bremerton Commander Navy Region Northwest R:~LEGAL\Contracts~olice'cMOU re Jackson Park 9-23-03.doc DEACONS ~tsonnd are ~ ~e~ ~ ~ ~r~ ~u ~ ~ ~~ ~ not ~ su~e~ u~t m ~u~ ~e~ ~~ ~. A ~0~ 3~ ~'~T / ~0 ~ ~T ~IO~ 4s ~~0~ / ~~ ~1 ~ ~ agd ~ t~m~ mhU~ m ~b~ ~ ~, It ~d Wd£S:CO £00~ 0£ -unf 96£G-8l~-09£: 'ON XU3 'AIQ ~l~d - 3DI~Od NOIH]WBaa: NOaJ DATE SUBMITTED: BILL # 03-' I ~ AGENDA BILL CITY OF BREMERTON ~ ~, CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: September 16i 2003 ORDINANCE RELATING TO COUNCIL MEETING Date: Sept. 17 and 24, 2003 WESTPARK DEVELOPMENT Department: City Attorney's Office ,~ColO6~ ~e_s:t~ Presenter: RogerA Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance invokes the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for planning and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. ATTACHMENTS: ProposedOrdinance NO, ~ ~'~ 0 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: /__ FINANCE DIRECTOR: '~_.~ MAYOR: ~-'~.~ FISCAL/BUDGET: Heard at Committees 9/16 CONSENT AGENDA [] OPERATIONS: Heard at Con,~i ttees 9/16 COUNCIL PRESDENT: RECOMMENDED MOTION: 2. I move to pass Ordinance No. /~ ~' "] O on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ' AN ORDINANCE of the City Council of the City of Bremerton, Washington, invoking the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for planning and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. WHEREAS, the Bremerton Housing Authority ("BHA") and the Kitsap County Consolidated Housing Authority (the "Housing Authority") are corporate bodies exercising governmental functions as housing authorities pursuant to Chapter 35.82 RCW; and, WHEREAS, policy of the Housing Element of the Comprehensive Plan of the City of Bremerton supports the efforts of the Housing Authority in developing and managing affordable housing in Bremerton; and, WHEREAS, the Housing Authority desires to redevelop an area of distressed housing in the City known as Westpark; and, WHEREAS, Chapter 35.83 RCW, The Housing Cooperation Law, declares that it is in the public interest for any public body to provide aid and assistance to housing authorities operating within its boundaries and further authorizes cities and housing authorities to enter into agreements for the purpose of aiding and cooperating in the planning, undertaking, and construction of housing projects. To that end, public bodies such as the City of Bremerton may plan or replan, zone or rezone, make exceptions from building and development regulations and change its comprehensive plan and zoning maps in order to assist development by a housing authority; and, WHEREAS, City of Bremerton desires to cooperate with the Housing Authority to facilitate the planning, undertaking, and construction of the proposed project for Westpark; and, WHEREAS, the Housing Authority desires to secure funding to assist in the relocation of residents and redevelopment of Westpark, which funding is of limited duration and will be lost if the project is not approved and developed in the very near future; and, WHEREAS, the current comprehensive land use and zoning designations are not consistent with the proposed project and the time required to amend such designations will jeopardize potential funding and redevelopment of Westpark; and, WHEREAS, the need to adopt land use and zoning designations consistent with the proposed Westpark project is immediate; and 1 ~ ~ Housing Cooperation - Westpark WHEREAS, new comprehensive land use designations and development parameters must be in place if the project is to be funded and low income housing made available in a more timely and affordable manner; and, WHEREAS, exemptions from the current comprehensive land use and zoning designations are necessary for the project to go forward; and, WHEREAS, RCW 35.83.030(4) and RCW 35.83.030(8) allow the City Council to undertake such cooperation as herein provided; and, WHEREAS, the City Council desires to establish new comprehensive land use designation and development parameters for the Westpark area to allow redevelopment of Westpark; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION2. The City Council hereby invokes the City's authority under Chapter 35.81 RCW, "The Housing Cooperation Law," to plan or replan, zone or rezone, make exceptions from building regulations and ordinances and change its comprehensive plan and zoning maps in order to aid and cooperate with the Bremerton Housing Authority and the Kitsap County Consolidated Housing Authority in the planning, undertaking and construction of housing projects by providing for comprehensive land use designation and development parameters for the redevelopment of Westpark in order to provide for housing and other related uses as authorized by said law. SECTION3. There is hereby made an exception for Westpark from the current comprehensive land use and zon/ng designations for the area. SECTION4. There is hereby adopted the comprehensive land use and zoning designations and the conceptual development plan and related Statistics as set forth in Exhibit A, incorporated herein by this reference, and further that redevelopment for Westpark is hereby authorized and approved pursuant to said designation and plan. SECTIONS. The comprehensive land use designations for Westpark as established herein are subject to and may be amended or modified by the comprehensive plan amendment process currently being undertaken and pursuant to any subsequent amendment, which amendment(s) may be through ordinance or resolution and further zoning map and designations for Westpark to implement Exhibit A shall be adopted by the City. SECTION 6. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 2 Housing Cooperation - Westpark 35 affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7.. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development~ousing Cooporation.doc Housing Cooperation - Westpark SV Exhibit A DATE SUBMITTED: September 5, 2003 BILL # OB -- AGENDA BILL CITY OF BREMERTON CITY COUNCIL q SUBJECT: Public Hearing and Ordinance Conunittee Meeting Date: September 16, 2003 creating a new Chapter 2.74 of the BMC COUNCIL MEETING Date: September 24, 2003 entitled Expense Reimbursement Department: Finance Department Establishing Travel, Meals and Lodging Presenter: Michael R. Wilson Reimbursement Policies Phone: 473-5590 SUMMARY: The Department of Finance is proposing that the City Council implement new policies and procedures related for employee expenses incurred while conducting official City business, use of purchase/credit cards for travel purposes, obtaining travel authorization, and reimbursing City officials and employees for expenses incurred while conducting City business. ATTACHMENTS: A. Expense Reimbursement Ordinance FISCAL IMPACTS (Include Budgeted Amount): No direct budgetary impact. Positive fiscal benefit through improved internal control, accounting and processing of travel, meals and lodging reimbursement claims for City officials and employees. APPROVALS: / DEPARTMENT DIRECTOR: ._j~_,./~_ .pez~ CITY ATTORNEY: ,~~~.'"_~-~7~ZT~Z7 FINANCE DIRECTOR: -" X,C~.c~ / .0C77~_ ~:;~,:~ MAYOR: ~ FISCAL/BUDGET: ~ ""' I ~ CONSENT AGENDA COUNCIL PRESIDENT: ~ RECOMMENDED MOTION: A. I move to approve an Ordinance on first reading relating to the establishment of travel, meals and lodging reimbursement policies and procedures for City officials and employees and creating Chapter 2.74 Expense Reimbursement of the Bremerton Municipal Code. B. I move to pass Ordinance No. __ on second reading. COUNCIL ACTION: [] Approve [] Deny [] 'Fable [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing a travel, meals and lodging reimbursement policy for city officials and employees WHEREAS, the City of Bremerton currently operates with limited policies and procedures relating to City official and employee expenses incurred while conducting official City business, use of purchase/credit cards for travel purposes, obtaining travel authorization, and reimbursing City officials and employees for expenses incurred in conduct of City business; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance 3693 entitled "Vehicle Mileage Policy" adopted on May 4, 1982, is hereby repealed. SECTION2. A new chapter, Chapter 2.74, entitled "Travel Authorization and Expense Reimbursement" is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 2.74 TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT 2.74.010 PURPOSE. To establish a policy and procedure pursuant to RCW 42.24.090 related to City official and employee expenses incurred while conducting official City business, use of purchase/credit cards for travel purposes, obtaining travel authorization, and reimbursing City officials and employees for expenses incurred while conducting City business, and to implement the following: 2.74.020 PROCEDURE. (a) Authorization to Travel: Travel by City Officials and employees, City Council, members of Boards and Commissions shall be specifically provided for in an approved budget and as provided below: (1) Specific trip authorization shall be approved as provided by Section (e). (2) Board and Commission Members: Workshops, seminars and conferences are normally included in budget requests. (3) Unanticipated or special travel (e.g., out of state travel) may be appro*ed provided such travel request is submitted to the Finance Department or Mayor in writing with justification for such travel. (b) Eligible Expenditures: Generally, eligible expenditures include travel and living costs incurred by the employee while away from the City and expenses incurred within the City necessitated by City business. In the Bremerton area, necessary expenses will be reimbursed only for an employee representing the City in his/her official capacity and in the discharge of I Travel Policy his/her duties. Such in-City expenses should first be authorized as provided for in Section (e) below. Eligibility for purchase/credit card charges and expense reimbursement will be based on the following conditions: (1) Registration: Actual cost of registration of any employee at a meeting, conference, or convention for which he/she has received approval. Registration should be prepaid by use ofdepartment purchase/credit card. If it is not possible to prepay registration fees, receipts must be submitted for reimbursement, or accompany the purchase/credit card billing statement. Employees shall attend all conferences, meetings, and training sessions that are paid for at City expense. (2) Transportation: Actual costs for bus travel, train travel, taxi, car rentals, parking fees, and air travel are eligible, provided all air travel shall be by government rates, internet rates or economy class, whichever is the most cost effective rate for travel. Employees using a personal vehicle to travel on City business will be reimbursed at the rate established by the Internal Revenue Service. Payment shall not exceed economy class airfare (government rate or internet rate) to and fi.om the same destination for employees traveling to out of town destinations on City business using a personal vehicle. Employees shall provide reasonable documentation of destination mileage and general purpose of business on reimbursement travel expense vouchers; however, frequent local use of a personal vehicle by an employee for City business may be accumulated and reported on a monthly basis as one reimbursable expense. While using a City-owned vehicle on City business, the employee shall secure a City purchase/credit card fi.om the Department Director through authorization from the Finance Department and use it for purchases of gasoline, oil, emergency repairs, or other related expense. (3) Lodging: Actual cost of hotel or motel accommodations is an eligible expense. Ifa family member or guest accompanies the employee, the employee shall pay for the amount over that ora single accommodation. The single accommodation rate must be noted on the hotel/motel statement. Employee shall always secure the most cost effective government rate or internet rate available. (4) Meals: An individual shall be deemed on travel status where the travel include s reimbursable lodging .^~.~ ...... .......... ~ ~- .... ~ .... ~ '~ ~ r~:~ ..... ,::~ ~,~..: ...... ~ Any employee traveling on City business shall receive an allowance of up to $42.00 per day, including tax and tip (up to 15% gratuity), for meals if all meals are paid by the employee. If less then three meals a day are to be paid by the employee, then the following schedule shall be used: BREAKFAST - $ 9.00; LUNCH - $12.00; and DINNER - $21.00. The Finance Department shall evaluate this daily meal allowance schedule each year and may approve appropriate adjustments to the meal allowance if deemed appropriate and necessary to stay current on meal costs. The Department Director shall determine what meals shall be allowed based upon the times and dates of travel. Where conference registration or training tuition fees include one or more meals, the City shall reimburse only those meals not covered by such fees. Where a conference offers meals in conjunction with the conference program, but does not include those meals in the registration fee, the City shall pay for those meals selected by the employee. If the employee elects not to participate in one or more meals offered by the conference, the regular per diem guidelines shall be used for those meals. Receipts for meals must be submitted for the City 2 Travel Policy to reimburse an employee, except in such cases where the employee cannot obtain a receipt or has lost a receipt and documents such on the employee's Travel Expense Claim Form. Excess meal expense shall only be considered because of location or other unusual circumstances. The Department Director and Director of Finance or Mayor must approve all excess meal expenses, x.X&en exceg~ ........................... , ................. ~,,.,, by Expenses for meals where City business is conducted and that could reasonably occur during non-meal periods are not eligible for reimbursement. Meals for City Council, Mayor and City staffconducting formal City business during meal times are specifically authorized. Non-travel status travel expense need not be pre-approved prior to such expense being incurred unless a Department Director who would normally approve such expenditures after the fact has set an internal procedure that requires such pre-approval. Where pre-approval has not been required and the person proposing to incur the expense has any question about the legitimacy of the expense, pre-approval should be obtained. Individuals who incur non-travel status travel expense without pre-approval incur such expense at their own risk (i.e., if reimbursement or authorization of the charge on a City credit card has not been approved, the expense will be the individual's personal obligation). Travel expense incurred while on travel status requires the pre-approval as set forth in Section (f). The act of obtaining a City purchase/credit card does not indicate pre-approval of expenses. Individuals may be reimbursed for single non-travel status meal expenses fi:om the petty cash fund, provided proper documentation and approval is submitted. Except for lodging where individuals share the same room or transportation conveyance (cab, rental car, etc.), each individual seeking reimbursement must incur his/her own expenses and seek individual reimbursement. The only exceptions are group meals arranged for working sessions or banquets arranged by a department. (5) Laundry and Valet Service: Actual cost of laundry ................ e are allowable expenses when employees are required to be away from the City for more than six days at one time or the conditions under which they are required to work while away from the City create a more than normal need for such services. (6) Telephone: Charges for telephone are eligible for reimbursement if City business requires such communication. Employees staying outside of the City of Bremerton on business are allowed one personal call to the employee's home at City expense. Such calls shall not exceed Ten dollars ($10.00). Any personal calls in excess often dollars ($10.00) are to be paid by the employee. (c) Ineligible Expenses: None of the following expenses shall be paid by the City: 1) travel paid for by any other organization, 2) alcoholic beverages, 3) valet services (except as noted above), 4) meals or lodging accommodations for family or guest, 5) tour bus fees for sightseeing tours, 6) mileage if traveling as a passenger in a privately owned car, 7) trip insurance, 8) hosting, or 9) any other personal expenditures for entertainment or other purposes. (d) Documentation of Expenses: All actual expenses shall be submitted to the Finance Department (for reimbursement) on the Travel Expense Claim form. In the case of lodging expenses, a detailed statement of charges must be submitted. Each employee is expected to submit his/her own travel expense voucher reflecting reimbursable expenses actually incurred. 3 Travel Policy If lodging accommodations are shared between two or more employees, the employee paying the bill may submit the lodging portion of the billing for all such employees. Claim of any questionable charge that could reasonably raise a question should be accompanied by an explanation of such charge. (e) Approvals: Travel and expense reimbursement or purchase/credit card payment authorization under this policy must be signed, approved, and filed in the Finance Departmem on a Travel Expense Claim form. Normally, purchase/credit card charge receipts are to be submitted no later than 20 days after the return from travel. The City Council, through the submittal of travel/training approval forms, shall generally approve travel for City employees during the annual budget process. All out of state travel must be approved in advance by the Mayor. Other in-state, non-budgeted travel, reimbursement for expenditures and purchase/credit card charges shall be made pursuant to the normal Travel Expense Claim form duly verified by the claimant and submitted for final approval as noted below: (1) If the City Council, approval will be made by the Chair of the City Council. (2) If the Mayor, by the City Council through the budget process. (3) If Department Director, approval by the Mayor or City Council through the budget process. (4) If other employees, by the employee's direct Supervisor and/or Department Director. (f) Travel Arrangements: When employees are making travel and accommodation arrangements, it shall be the responsibility oftbe employee to obtain government discount rates or interact rates. Employees are expected to make travel and lodging reservations in advance whenever possible and to take other actions to ensure that travel and lodging is secured at the most reasonable rate possible. (g) Procedure: (1) Request for reimbursement of allowable travel expenses shall be prepared by the employee claiming reimbursement on the Travel Expense Claims form with all of the required receipts. Reimbursement will not be made if the required receipts are not attached. The Travel Expense Claim form will then be processed through the next accounts payable run. (2) The Department of Finance may authorize the use ora City purchase/credit card to employees for the sole purpose of payment of expenses for authorized travel and in accordance with RCW 42.24.115. The City Council, Mayor and Department Directors may hold a City purchase/credit card issued by the Finance Department for the sole purpose of covering expenses incident to conducting City official business pursuant to the City's Purchase/Credit Card Policy. (3) The purchase/credit Card form must be completed and presented to the Finance Department to obtain the purchase/credit card. (4) Ifa purchase/credit card was obtained from the Finance Department or Department Director on an interim basis, it must be surrendered by the employee to the Finance Department or Department Director within two business days atter returning from the authorized travel. (5) Purchase/credit card reconciliation of the expenses shall require the completion of a Travel Expense Claims form. Each expense shall be itemized separately with the corresponding purchase/credit card receipt attached. 4 Travel Policy (6) Disallowed charges or charges not properly identified will be paid by the employee before the charge card billing is due. Failure to do so will render the employee personally liable for the unpaid amount plus interest at the rate charged by the bank that issued the credit/purchase card. If, for any reason, disallowed charges are not repaid before the purchase/credit card billing is due and payable, the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee in the amount of the disallowed charges, plus interest. (7) The Mayor and Director of Finance are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this Ordinance. (8) Employees shall be restricted fi.om use of their own personal credit cards for travel, meals, lodging and other related expenses, except in such cases when the employee has not been issued or does not have access to a City purchase/credit card. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days fi.om and atter its passage, approval and publication as provided by law. APPROVED by the City Council the day of _, 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney 5 Travel Policy PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances~Finance\Travel Policy. doc Travel Policy DATE SUBMITTED: BILL # 03 - [ g~) AGENDA BILL CITY OF BREMERTON q C CITY COUNCIL SUBJECT: RESOLUTION NO. /~0,~ Committee Meeting Date: September 16, 2003 ASSIGNMENT OF CABLE FRANCHISE COUNCIL MEETING Date: September 24, 2003 Department: Finance Department Presenter: Michael Wilson Phone: 473-5590 SUMMARY: Charter Communications Holding Company, LLC entered into a purchase and sale agreement with WaveDivision Holdings, LLC, for the sale of Charter's cable television system serving the City and adjacent areas, pursuant to which (i) the Franchise will be assigned and conveyed from Charter to WaveDivision IV, LLC, which as of the date of such assignment and conveyance will be wholly-owned by Charter, and (ii) immediately following such assignment and conveyance of the Franchise, Charter will sell and convey all of the membership and other ownership interests in Wave IV to Wave Holdings. Pursuant to Section 2 of the franchise, City approval is required for any transfer of ownership or change in control. ATTACHMENTS: Proposed Resolution IQ O, .2. cl 03 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: .~.~ CITY ATTORNEY: FINANCE DIRECTOR: . ~'//. ~ i ~.~ MAYOR: FISCAL/B~GET: OPE~TIONS: CO~CIL P~S~ENT: ~COMMENDED MOTION: I move to pass Resolution No. ~ ~ O5. 5'o COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. ~ q ~ '5 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the proposed assignment and conveyance of the cable television system franchise from Charter Communications Holding Company's to Wave Division IV, LLC and further approving the sale and conveyance of the membership and other ownership interests in Wave Division IV, LLC to WaveDivision Holdings, LLC. WHEREAS, pursuant to Ordinance No. 4635, with an effective date of December 9, 1998, the City granted to Falcon Video Communications, L.P. ("Falcon") the authority to install, construct, operate and maintain a cable television communications system within the City (the "Franchise"); and WHEREAS, Falcon subsequently was acquired by Charter Communications Holding Company, LLC ("Charter", Falcon and Charter being referred to herein as Charter) with the consent of the City as expressed in Resolution No. 2724, dated August 18, 1999; and WHEP,-EAS, Charter entered into a purchase and sale agreement, dated May 29, 2003 (the "Purchase Agreement") with WaveDivision Holdings, LLC, a Delaware limited liability company ("Wave Holdings"), for the sale of Charter's cable television system serving the City and adjacent areas, pursuant to which (i) the Franchise will be assigned and conveyed from Charter to WaveDivision IV, LLC, a Washington limited liability company ("Wave IV"), which as of the date of such assignment and conveyance will be wholly-owned by Charter, and (ii) immediately following such assignment and conveyance of the Franchise, Charter will sell and convey all of the membership and other ownership interests in Wave IV to Wave Holdings (the "Transaction"); and WHEREAS, Charter and Wave Holdings request that the assignment and conveyance of the Franchise from Charter to Wave IV and the sale and conveyance of the membership and other ownership interests in Wave IV to Wave Holdings immediately thereafter, as described above, be approved; WHEREAS, Wave IV and Wave Holdings have demonstrated the financial, technical and legal qualifications to operate the cable system serving the City and it is in the best interests of the City and its citizens to consent to the foregoing assignment and sale; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. The City hereby consents to the assigmnent and conveyance of the Franchise from Charter to Wave IV and the sale and conveyance of the membership and other ownership interests in Wave IV to Wave Holdings immediately thereafter, as described above. 1 Cable Franchise Transfer SECTION 2. The City hereby consents to and approves Wave IV's grant of a security interest in all of the franchisee's rights, powers and privileges under the Franchise and Wave IV's grant ora security interest in all of its other properties to such lender or lenders as may be designated by Wave IV for financing purposes from time to time, and to Wave Holdings' grant ora security interest in its rights in and to Wave IV to such lender or lenders as may be designated by Wave Holdings for financing purposes from time to time. SECTIONS. Except as expressly described herein, the assignment and conveyance of the Franchise and the sale and conveyance of the membership and other ownership interests in Wave 1V shall not alter, affect or othe~vise change any of the terms or conditions of the Franchise. SECTION 4. In connection herewith, the City certifies to each of Charter, Wave IV and Wave Holdings that: (a) The Franchise was duly and validly issued by the City, and upon its assignment and conveyance to Wave IV, the duly authorized franchisee will be Wave IV. (b) The Franchise has not been amended other than by Resolution No. 2724, is in force and effect as of the date hereof, and is valid and enforceable in accordance with its terms. (c) The City acknowledges that the cable system has been upgraded to the standards set forth in Section 4.3 of the Franchise and, accordingly, the expiration date of the Franchise has been extended for a period of two years in accordance with Section 2.2 so that the Franchise wilt not expire until December 9, 2008. (d) To the City's knowledge, no event of default under the Franchise, and no event which could become an event of default with the passage of time or the giving of notice, or both, has occurred and is continuing as of the date hereof. (e) The City acknowledges receipt of a duly completed FCC Form 394 in connection with the Transaction. (f) The City acknowledges that it has not requested the franchisee to pay a franchise fee to the City pursuant to Section 11.1 of the Franchise. SECTION 5. The Franchise, Resolution 2724, and this Resolution were and are made, passed or adopted in accordance with all applicable notice and procedure requirements under the laws of the Washington of Washington, and with all applicable notice and procedure requirements prescribed by the City, and do not conflict with the laws, ordinances, resolutions and other regulations of the City, as presently in effect or as the same were in effect at the time the particular action was taken. SECTION 6. The City acknowledges that Wave Holdings and Wave IV shall only be responsible for obligations of the franchisee under the Franchise that accrue from and after the date of the closing of the Transaction and the assignment of the Franchise to Wave IV. SECTION 7. The City acknowledges that Charter shall remain responsible for obligations of the franchisee under the Franchise that relate to the period prior to the date of thc 2 Cable Franchise Transfer closing of the Transaction and the assignment of the Franchise to Wave IV, but that Charter will be released and discharged by the City from any obligations of the franchisee under the Franchise that relate to the period from and after the date of the closing of the Transaction and the assigmnent of the Franchise to Wave IV. SECTIONS. Effective Date. (1) This Resolution shall not be effective until the City Receives payment of $2,000.00 for the cost of assessing the legal, financial and technical qualifications of the proposed Transferee in order to determine whether the City would consent to the proposed franchise transfer. This requirement is made pursuant to section 2.7 of the cable television franchise. (2) This Resolution shall not be effective until accepted in writing by Wave IV. Thc acceptance, which shall be contingent upon final closing of the Transaction, shall be in the form attached hereto as Exhibit A. (3) Within thirty (30) days of final closing of the Transaction, Wave 1V shall file with the Finance Director such written acceptance of this Resolution in the form attached hereto as Exhibit A. (4) A failure on the part of Wave IV to file such written acceptance and documentation within such time shall be deemed an abandonment and rejection of the rights and privileges conferred hereby and this Resolution shall thereupon be null and void. Such acceptance shall be unqualified and shall be construed to be an acceptance of all the terms, conditions and restrictions contained in this Resolution. SECTION 9. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. PASSED by the City Council of the City of Bremerton, Washington this day of , :20__ CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk RSLEGAL\Resolufions\Cable Franchise Transfer. DOC Cable Franchise Transfer EXItlBIT A ACCEPTANCE Finance Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 This is to advise the City of Bremerton, WaveDivision IV, LLC hereby accepts the terms and conditions of Resolution No. ., passed by the City Council on consenting to assignment and conveyance of the cable television system franchise Ordinance No. 4635 from Falcon Video Communications, L.P. and Charter Communications Holding Company to WaveDivision 1V, LLC and further approving the sale and conveyance of the membership and other ownership interests in Wave Division IV, LLC to WaveDivision Holdings, LLC. WaveDivision IV, LLC, as the franchisee, agrees to abide by, each and every provision of Ordinance No. 4635 and all other applicable ordinances of the City of Bremerton, and to such contracts, agreements, side letters, and other commitments that are in writing and to which WaveDivision IV, LLC is a party and has agreed to be bound, subject in all cases to applicable federal, state and local law. WAVEDIVISION IV, LLC By: Title: Date: STATE OF ) )ss COUNTY OF ) This Acceptance was acknowledged before me on the day of ,20__, by as , a duly authorized representative of Notary Public for the State of My Commission Expires: Cable Franchise Transfer DATE SUBMITTED: September 19, 2003 BILL # (5)~ -- / g -7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution - Interagency Loan Committee Meeting Date: September 23, 2003 From Water Fund 401 to Tracyton Water COUNCIL MEETING Date: September 24, 2003 District Department: Public Works & Util. Presenter: Gene Sampley Phone: 5315 SUMMARY: In February 2000 and April 2001, the City of Bremerton and the Tracyton Water District entered into interlocal agreements for financing and constructing capital improvements to the District's water system for which the City would be ultimately responsible including a provision that the District would dissolve with its assets transferred to the City of Bremerton. Currently the City is in the process of negotiating an agreement for transfer of assets to the City; however, due to the timing of these negotiations, the District is in need of a financial loan in an amount not to exceed $125,000 to make an installment payment due to the Drinking Water State Revolving Fund for the construction. This loan would be repaid by the earlier of closing of the agreement or December 31, 2003. A recommended resolution approving this loan is attached. ATTACHMENTS: Resolution No,~oauthorizing an interagency loan from Water Fund 401 to Tracyton Water District. FISCAL IMPACTS (Include Budgeted Amount): None DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .~.,.. ~- ...... OPERATIONS: 52__ , ~. ~- CONSENT AGENDA [] COUNCIL PRESIDENT: ~ z~.t..~.~.~ -/ RECOMMENDED MOTION: City Council approves Resolution No. ,~O~},,.2/,, authorizing an interagency loan from Water Fund 401 to the Tracyton Water District in an amount not to exceed $125,000. 5'5 COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] Nc, Actio,~ RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing an interagency loan from Water Fund 401 to the Traeyton Water District for the purpose of making an installment payment to the State of Washington Drinking Water State Revolving Fund (DWSRF). WHEREAS, pursuant to earlier agreements executed by and between the City and the Tracyton Water District, a municipal corporation of the state of Washington, hereinafter "District, the City and District agreed to allocate duties and responsibilities in the providing of water services to customers within the District's water service area and to provide for the design, construction and financing of upgrades to the systems facilities in anticipation of dissolution of the District, and WHEREAS, the District, with the assistance of the City, secured a Drinking Water State Revolving Fund (DWSRF) loan for the capital construction of upgrades to the system facilities, and WHEREAS, pursuant to and as a follow-up to said agreements, the City and District intend to enter into an agreement to convey and deed to the City all of the District's interest in assets including title to certain real property and system facilities and assets of the District and for the City to assume all rights, duties, powers and obligations of the District, including loan obligations. WHEREAS, a payment is due on the DWSRF loan October 1, 2003, and WHEREAS, the City Council desires to authorize an interagency loan from Water Fund 401 to the Tracyton Water District for the purpose of making the installment payment to the DWSRF loan in anticipation of an agreement being executed in the near future for the conveyance and deed to the City of thc District's interest in the system facilities and assets and certain real property of the District and for the City's assumption of all fights, duties, powers and obligations of the District, including loan obligations (Agreement); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHIlX~GTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTIONI: A loan is hereby authorized from Water Fund 401 to the Tracyton Water District for the purpose of making an installment payment to the State of Washington Drinking Water State Revolving Fund (DWSRF) in an amount not to exceed $125,000.00 repayable with applicable interest upon the closing of the Agreement or December 31, 2003, whichever is earlier. SECTION 2. Severabilim If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not 1 Tracyton Water District affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL~Files\Current Active Files\Tracyton Water District\Resolution Approving Loan.doc 2 Tracyton Water District DATE SUBMITTED: September 24, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEAR1NG ON Committee Meeting Date: tt RESOLUTION ENACT1NG A COUNCIL MEETING Date: MORATORIUM ON ~ UNLISTED Department: City Attorney's Office USES Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the Bremerton Municipal Code provide that the Director of the Department o£ Community Development may make a written finding as to what zone and which approval process Unlisted Uses may be permitted, however, adequate criteria for reviewing and considering applications for Unlisted Uses does not exist. A moratorium on the acceptance of applications for any building, land use or development permit or approval for Unlisted Uses is necessary for the City to reconsider its current policies and review existing information to determine what code revisions are necessary to address the impacts of these uses. ATTACHMENTS: Proposed Resolution FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~----~_.r ~ ~ RECOMMENDED MOTION: I move to pass Resolution No. ~07 enacting a moratorium on the acceptance of applications for any building, land use, or development permit or approval £or Unlisted Uses. COUNCIL ACTION: ~Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. 2907 A RESOLUTION of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Unlisted Uses which, pursuant to BMC 21.02.150, are not listed in Figures 120 and 140 of the zoning code, Chapter 21.02 as allowable uses by zones in the City. WHEREAS, BMC 21.02.150 entitled "Unlisted Uses" provides that ifa use is not specifically allowed as an allowable use in Figures 120 and 140 of the zoning code, Chapter 21.02, (hereinafter, "Unlisted Use") and the Unlisted Use is similar to a listed use, the Director of the Department of Community Development may make a written finding as to what zone and which approval process the Unlisted Use may be permitted; and WHEREAS, this provision does not provide adequate criteria for reviewing and considering applications for Unlisted Uses; and WHEREAS, the City is facing the potential of applications for development of Unlisted Uses within the City; and WHEREAS, because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council; and WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics Unlisted Uses may impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time within which to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Unlisted Uses within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Unlisted Uses, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and 1 Unlisted Uses Moratorium welfare of the community; and WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for adoption of permissible regulations relating to Unlisted Uses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION2. Moratorium. Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Unlisted Use within the City o f Bremerton. SECTIONS. Pending Applications. Substantially completedapplicationsfor any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Unlisted Use, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium. SECTION4. Duration. The moratorium established herein shall terminate on the date a hearing on the moratorium is concluded, unless continued following said hearing, or 60 days from the effective date of this resolution, whichever is sooner. During said moratorium, no building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton. SECTIONS. Public Hearing - Scheduled. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. A public heating on this moratorium will be held by the City Council during its regularly scheduled Council meeting on October 22, 2003. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or canceling the moratorium. SECTION 6. Severabilit¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 2 Unlisted Uses Moratorium SECTION Z Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 8. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL\Resolutions\Unlisted Land Use moratorium.dm 3 Unlisted Uses Moratorium DATE SUBMITTED: September 24, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEARING ON Committee Meeting Date: RESOLUTION ENACTING A COUNCIL MEETING Date: MORATORIUM ON GROUP Department: City Attorney's Oftice RESIDENTIAL FACILITIES Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The current provisions of the Bremerton Municipal Code relating to Class I and Class II Group Residential Facilities are not clear as to some types of uses that may or may not fall into the definitions of those classes of facilities. A moratorium on the acceptance of applications for any building, land use or development permit or approval for Group Residential Facilities is necessary for the City to reconsider its current policies and review existing information to determine what code revisions are necessary to address the impacts of these uses. ATTACHMENTS: Proposed Resolution FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESDENT: ,/_~,~t~ ZS~~ RECOMMENDED MOTION: I move to pass Resolution No. ,,~910 ~r enacting a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Group Residential Facilities. COUNCIL ACTION: ~Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. oQ~O~)' A RESOLUTION of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for any building, land use, or development permit or approval for Class I and Class H Group Residential Facilities as defined in BMC 22.02.070. WHEREAS, the city's zoning code authorizes the placement of Class I and Class II Group Residential Facilities either as outright permitted uses or as uses permitted through a special use permit, in certain zones throughout the City; and WHEREAS, the definitions of Class I and Class II Group Residential Facilities as set forth in BMC 22.02.070 are not clear as to some types of uses that may or may not fall into the definitions of those classes of residential facilities and further may provide for some inconsistency when applied to Figure 140 of Chapter 21.02 BMC; and WHEREAS, the City must consider federal and state laws and regulations to ensure that the City's provisions relating to the placement of Class I and Class II Group Residential Facilities are consistent with federal and state law; and WHEREAS, the City is facing the potential of applications for development of Class I and Class II Residential Facilities within the City and the City does not have adequate provisions for the review and consideration of the same; and WHEREAS, because the Bremerton Municipal Code does not adequately address the placement of these uses and the impacts that these uses may present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter or adoption of new regulations by the City Council; and WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics Class I and Class II Group Residential Facilities may impose upon neighboring properties and the community as a whole; and WHEREAS, the City needs time within which to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code in a comprehensive fashion to determine what code revisions are necessary to address the impacts of such uses; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Class I and Class II Group Residential Facilities within the City of Bremerton until additional review has 1 Group Residential Facilities Moratorium been completed and any necessary code revisions ha'ye been adopted by the Bremerton City Council; and WHEREAS, since the City does not currently have sufficient regulations to properly review and consider Class I and Class II Group Residential Facilities, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community; and WHEREAS, RCW 35.63.200 authorizes cities to adopt moratoriums provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code, ordinances, and the impacts of such uses, during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for placement of Class I and Class II Group Residential Facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. Recitals Incorporated. The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200, the Bremerton City Council does hereby declare a moratorium on the acceptance of applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Class I and Class II Group Residential Facilities within the City of Bremerton. SECTION 3. Pending Applications. Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or to develop any Class I and Class II Group Residential Facilities, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium. SECTION4. Duration. The moratorium established herein shall terminate on the date a hearing on the moratorium is concluded, unless continued following said hearing, or 60 days from the effective date of this resolution, whichever is sooner. During said moratorium, no building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton. SECTION 5. Public Hearing - Scheduled. Pursuant to RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. A public heating on this moratorium will be held by the City Council during its regularly scheduled Council meeting on October 22, 2003. Immediately after the public hearing, 2 Group Residential Facilities Moratorium the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or canceling the moratorium. SECTION 6. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 7. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 8. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of 2003. CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:~LEGAL\Resolutions\Group Residential Land Use moratorium.doc 3 Group Residential Facilities Moratorium