HomeMy WebLinkAbout04/21/04 AGENDA FILE
239 4th Street · Bremerton, WA 98337 · Phone (360} 478-5280 · Fax (360) 478-5251
***AMENDED***
CITY COUNCIL MEETING AGENDA
APRIL 21, 2004
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 ^OE"~^ A. Minutes of Meeting - March 31,2004 (#AB04-065)
B. Affiliation Agreement between the CITY OF BREMERTON and TACOMA COMMUNITY COLLEGE allowing 7
the Bremerton Fire Depadment to be a Training Site for Paramedic Students (#AB04-066)
C. Professional Services Agreement between the CITY OF BREMERTON and SYSTEMS DESIGN for
Ambulance Billing (#AB04-067)
~'h~ 9flfl~ /~4 ............ ~ ..... D .... (~^DCI~ 068) Item heard as NEW BUSINESS...
4. CLAIMS/CHECK REGISTERS
5. MAYOR'S REPORT
6. NEW BUSINESS
A. Approval to hire Director of Public Works & Utilities above Rate 1 (at Rate 7 of Pay Band 22) of
the 2004 MANAGEMENT SALARY PLAN; and to confirm appointment of Phil H. Williams to the position
(#AB04-069)
B. Salary Increase for Jim Svensson, Development Manager, from Rate 2 to Rate 6 on Band 15 of
the 2004 MANAGEMENT SALARY PLAN (#AB04-068)
7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4891 [Second Reading] amending Section 6.32.010 of the Bremerton Municipal
Code relating to noise control districts to include the DW and DC zones (#AB04-061)
B. Ordinance No. 4892 [Second Reading] amending Sections 11.08.100 and 11.08.130 of the
Bremerton Municipal Code relating to permit and insurance requirements for sidewalk
construction, reconstruction, and repair (#AB04-062)
C. Ordinance No. 4893 [Second Reading] repealing and replacing Chapter 2.78 of the Bremerton
Municipal Code relating to real property transactions (#AB04-063)
D. Ordinance [First Reading] amending Chapter 2.13 of the Bremerton Municipal Code related to 7
filings and appeal fees regarding proceedings before the Administrative Hearing Examiner
(#AB04-070)
E. Ordinance [First Reading] amending Chapters 3.86 and 3.50 relating to utility taxes (#AB04-071) 7
F. Resolution No. 2924, approving City of Bremerton Policy No. 2-10-02, Loss oF PUBLIC FUNDS OR
ASSETS (#AB04-072)
8. PUBLIC RECOGNITION - Comments limited to 3-minutes
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETIN~
E-mail: cit'/council@ci.bremerfon.wa.us · Web: www. cJ.bremerton.wo.us
04-065
DATE SUBMITTED: BILL #
AGENDA BILL
CITY OF BREMERTON 3 h
CITY COUNCIL
SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A
MARCH 31, 2004 COUNCIL MEETING Date: APRIL 21, 2004
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held March 31, 2004.
ATTACHMENTS: Minutes for March 31, 2004
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT: ~ ~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table ] [] Continue [] No Action
TAPES #1943 & #1944
CITY COUNCIL MEETING MINUTES
Wednesday, March 31, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, March 31, 2004, at 5:30 P.M., with
Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin,
Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell and Brad Gehring.
Aisc present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative
Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnel!, followed
by the invocation provided by Pastor Dean Reeder of Westpark Christian Church.
President Ny.qren made the following announcements:
1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM.
CONSENT AGENDA- There were no Consent Agenda items this week.
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.
#0035 M/S/C/U (McConnell/Short) On March 31, 2004, the Council approved payment of Check
numbers 289112 through 289417; and EFT-8104 through EFT-8114 in the amount of $1,007,217.99 on
the Master Check Register.
MAYOR'S REPORT - Mayor Bozeman... · Proudly announced that the Gold Mountain Golf Complex was named the #1 golf course in
Washington by Golf Ma,qazine;
· Discussed the $250,000 in funding that may be made available for the Martin Luther King Jr.
Library by a budget request made by Senator Maria Cantwell;
· Received an invitation from the City of Aberdeen to discuss downtown redevelopment issues;
· Would be hosting a tour of downtown Bremerton at the request of the Washington Athletic Club;
· Reported a $25,000 event booking for the Convention Center; and announced two upcoming
Grand Openings for major downtown projects;
· Attended a wondertul retirement party today for Public Works & Utilities Director Gene Sampley;
· Mentioned that an offer was made on City property near Auto Center Way, and that a
recommendation would be coming soon to Council;
· Was meeting with investors at 3:00 P.M. on Sunday to tour Eastpark;
· Announced that $800,000 was in the Transportation Budget for study of the ferry wake issue and
the check should arrive soon; and lastly,
· Read a Proclamation to proclaim April 17, 2004 as "Earth Day 2004"; which was accepted by
Don Larson, who encouraged citizens to participate in all the scheduled Earth Day activities. He
also thanked Elaine Valencia and Mayor Bozeman for the on-going support they provide him.
6A - BUDGET ADJUSTMENT AUTHORIZING FUNDING FOR THE COMMUNICATIONS PLAN; AND
PROFESSIONAL SERVICES AGREEMENT WITH GRAF-HOKE INC. FOR COMMUNICATIONS AND
MARKETING SERVICES (#AB04-031): Mayor Bozeman requested the allocation of $50,000 during
fiscal year 2004 for implementation of a communications plan that includes marketing, advertising,
graphic design, and employee recognition. Staff recommends approval of a Professional Service
Agreement with GRAF-HOKE, INC. for communications and marketing.
TAPES #1943 & #1944
City Council Reg. Mtg. Minutes
March 31,2004
Page 2 of 5
Allen Shute requested the text of the Professional Services Agreement be read in its entirety. Mr.
Lubovich clarified that public requests to read documents in their entirety applies only to resolutions and
ordinances, therefore, the request was denied.
Ed Rollman suggested that the Council not fund marketing efforts when public safety issues, such as
having an adequate number of police officers and solving cold cases, need to be addressed.
Michael Hosea, member of the Evergreen Neighborhood Association, provided her comments in
suppor[ of this contract, stating that marketing is needed to draw investors because investors would
support the growth needed to bring about community improvements.
Mr. Short stated that he would support this agreement tonight, but added that the Council would look
closely at the "return for the dollar" when studying the budget.
Mr. Maupin provided his comments in support of this agreement, indicating that the advertising of the
City, including all of the new development currently taking place, is vital for our success.
Mr. McConnell discussed the good press being received lately for the City of Bremerton, but agreed
with Mr. Short, that the Council will review the success of the marketing plan during the study of the
budget.
Ms. Priest also provided comments to support the need for the City to have a marketing plan and
emphasized that marketing will further improve the City's image.
Mr. Gehring. explained that a lack of information led to the Council's earlier decision to place this item on
hold, but believes that with the additional information provided, he could now support this proposal.
Mr. Shepherd reminded the Council about the cuts that were necessary to balance the budget last year,
and expressed his belief that more responsibility for advertising should be taken by groups currently
receiving money from the City such as the Bremerton Area Chamber of Commerce, the Kitsap Visitor &
Convention Bureau, and Bremerton Main Street Association. Mayor Bozeman clarified that this
marketing plan included a citizen outreach program; and emphasized that homeowners have benefited
from recent growth due to their homes appreciation, and the City benefits from more property tax
returns.
Mrs. Arends agreed that the marketing plan was important, but expressed her disappointment that
misconceptions were made, which resulted in confusion, when the Council asked for the item to come
off the agenda for further study due to a lack of information and answers to specific questions.
Mr. N¥.qren provided comments in support of the City having a marketing plan, and listed several
examples of increased interest in City businesses and events.
#1112 M/S/C (Robinson/McConnell) Move to approve the 2004 Budget Adjustment authorizing the
funding of $50,000 for the Communications Plan.
Voted in favor of Motion: McConnell, Priest, Robinson, Arends, Maupin, Shot[, Gehring, Nygren
Voted opposed to Motion: Shepherd
Motion carried: 8-Yes; 1-No
#1125 M/S/C (Robinson/McConnell) Move to approve a Professional Services Agreement with GRAF-
HOKE, INC. for communications/marketing services; and authorize the Mayor to execute the agreement in
substantially the same form as presented.
Voted in favor of Motion: Priest, Robinson, Arends, Maupin, Short, Gehring, McConnell, Nygren
Voted opposed to Motion: Shepherd
Motion carried: 8-Yes; 1-No
TAPES #1943 & #1944
City Council Reg. Mtg. Minutes
March 31,2004
Page 3 of 5
6B - PROFESSIONAL SERVICES AGREEMENT WITH MERCHANT PATROL SECURITY SERVICES~
INC. FOR PARKING GARAGE SECURITY AT THE 4TM & WASHINGTON GARAGE (#AB04-050):
Wayne Hamilton, Public Works & Utilities, explained that staff recommends that the City extend the
services of MERCHANT PATROL SECURITY SERVICES, INC. for security of the Parking Garage at 4th Street &
Washington Avenue through the rest of 2004. He further explained that the security needs of the
garage will continue to be assessed as new security measures using cameras and other security
devices are implemented. During 2004, some of the camera network will be installed, and will be
completed in 2005. Until that time, the services of MERCHANT PATROL SECURITY SERVICES, INC. are
recommended at the historic levels that they have been pedorming for the past five years.
Mr. Shute asked what may be read into the record. Mr. Lubovich responded that resolutions and
ordinances may be read into the record.
#1350 M/S/C/U (Arends/McConnell) Move to approve the Professional Services Agreement with
MERCHANT PATROL SECURITY SERVICES, INC. for $1,645 per month for security of the 4th & Washington
Parking Garage; and authorize the Mayor to execute the agreement in substantially the same form as
presented.
6C - AGREEMENT #GCA-3901 WITH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION TO RECEIVE FUNDS FOR CONSTRUCTION OF SR304 FROM CHARLESTON
BEACH ROAD TO SR304/SR3 INTERCHANGE (#AB04-051): Michael Mecham, City Engineer, stated
that in the 2003 legislative session, the Washington State Legislature increased the gasoline tax by five
cents per gallon to be used on highway improvements throughout the state. As indicated in Agreement
GCA-3901, $11,000,000 of these funds are designated to complete the SR304 improvements.
There were no comments from the public.
Mrs. Arends and Mr. Short provided their support for improvements, especially the Gateway Project.
Mr. Ny.qren asked if this project is listed on the Capital improvement Plan. Mr. Mecham answered yes.
#1530 M/S/C/U (Arends/Maupin) Move to approve Agreement GCA-3901 with the Washington State
Department of Transportation to receive funds for construction of SR304 from Charleston Beach Road
to the SR304/SR3 interchange; and authorize the Mayor to finalize and execute the necessary contract
documents for the agreement.
6D - BUDGET ADJUSTMENT AUTHORIZING APPROPRIATION TO THE "2004 GENERAl
GOVERNMENT CAPITAL IMPROVEMENT FUND" (FUND 308) TO FUND CAPITAL IMPROVEMENT,~
TO THE REVEREND DR. MARTIN LUTHER KING, JR. BUILDING (#AB04-052):
Michael Wilson, Finance Director, said that since the $100,000 Gates Foundation grant had been
cancelled due to continued delays with the Reverend Dr. Martin Luther King, Jr. building project, it was
their recommendation that the City reapply for the Gates grant upon securing commitments from both
the City of Bremerton and Kitsap County to each contribute $100,000 to fund the balance of the project
costs. The City's $100,000 contribution toward the library project would come from the fund balance of
the General Government Capital Improvement Fund (Fund 308) through a Council-approved budget
adjustment to this fund.
Ed Rollman provided comments in support of this budget adjustment for the library building.
Ellen Newberq, Director of the Kitsap Regional Library, was happy to see that so many people agree
that this building is an "architecture treasure", and was happy that so many people still visit the library.
Alice Eaqens a long-time, strong supporter for the library project, was pleased to see all of the
components coming together to make this project happen.
TAPES #1943 & #1944
City Council Reg. Mtg. Minutes
Mamh 31, 2004
Page 4 of 5
Mr. McConnell asked if the Library has plans for a temporary location for library activities while
renovations to the building are being made. Mr. Wilson responded that hopefully most of the work can
be done within the existing structure.
Council members provided comments in support of this project, as well as encouraged public donation
of funds prior to the vote...
#2260 M/S/C/U (PriestJArends) Move to approve a Budget Adjustment authorizing the appropriation of
$100,000 in the 2004 General Government Capital Fund (Fund 308) to fund capital improvements to the
Reverend Dr. Martin Luther King, Jr. building; and to authorize the Mayor to execute the Memorandum
of Understanding with Kitsap County in substantially the same form as presented.
7A - RESOLUTION NO. 2922, SE'I-rING A HEARING DATE OF APRIL 28, 2004 FOR VACATING
PORTION OF FIRST STREET LOCATED BEI'WEEN MARION AND YANTIC AVENUES {#AB04-053):
Michael Mecham, City Engineer, explained that the City received a petition from Victor Targett to vacate
a portion of First Street located between Marion and Yantic Avenues. This right--of-way consists of steep
vegetated hillside and is not being used by the public. The petitioner is requesting the vacation to
correct a previously recorded short plat. This is a Class ]]] Right-of-Way, and compensation is not
required in accordance with BMC 11.20.140.
Allen Shute requested that the Resolution be read in its entirety by Interim-City Clerk Paula Johnston.
#2460 M/S/C/U (Arends/Shepherd) Move to pass Resolution No. 2922 setting a hearing date of April 28,
2004, for vacating a portion of First Street located between Marion and Yantic Avenues.
PUBLIC RECOGNITION
Allen Shute discussed his frustration after receiving five parking citations.
Larry Eyer with Kitsap Community Resources, discussed a number of programs provided by KCR to
assist citizens in need, and committed to attend more Council meetings to keep the public informed of
these services; and announced that invitations were provided to the Council for the "Kitsap Community
Resources 2004 Community Service Awards Banquet" to be held on Saturday, May 1, 2004 at the Kiana
Lodge in Poulsbo, beginning at 6:00 P.M. People may call 473-2003 for more information.
Don Larson discussed trees, and provided a web site address at www. treesareqood.com that contained
information f(~r beautifying cities with trees.
Michael Hosea provided her comments in support of the 1% for the Arts ordinance for more public art.
.Mr. Ny.qren announced that a committee has been formed to further study the ordinance.
Jeff Hosea agreed with the 1% for the Arts ordinance, and further suggested the creation of an
"Architecture Design Review Board".
Ed Rollman thanked Council member Wendy Priest and Interim City Clerk Paula Johnston for their help
with a neighborhood parking problem; and proposed that Council Meetings be held in prospective
districts and to allow citizen input during their committee meetings.
COUNCIL MEMBER REPORTS
Will Maupin discussed his attendance at the Historic Ships Committee meeting, and a planning meeting
for the West Sound Senior Games to be held July 8 through 11; and invited the public to attend the
dedication ceremony for the H.O. "VVhitey" Domstad Viewscape, named in honor of the former Mayor of
Bremerton, (and also his father-in-law), on Wednesday, April 14th at 2:00 P.M.
TAPES #1943 & #1944
City Council Reg. Mtg. Minutes
March 31, 2004
Page 5 of 5
Carol Arends acknowledged Gene Sampley's last day due to his retirement, and wished him well.
Dianne Robinson discussed the Council retreat held last Saturday; encouraged the formation of more
neighborhood groups; and invited District 6 residents to attend a community meeting beginning at 6:30
P.M. on April 26t~ at the Bremerton High School to discuss plans for a Armed Forces Day Parade Float
to represent District 6, and the possibility of a clean-up week for local neighborhoods.
Mike Shepherd announced the First Friday Ar[ Walk events would take place this week; and mentioned
the next planting project by Kitsap Treeways would be on Saturday starting at 9:00 A.M., and interested
volunteers can meet in the TARGET parking lot in Sitverdale.
Wend¥ Priest thanked Paula Johnston and Bob Duprie of Diamond Parking for assisting her in solving a
parking problem on Highland Avenue; attended the Kitsap Community Resources Auction & Fashion
Show fundraiser for the "Parenting Place" program; and announced volunteers to pick up litter at
Evergreen Rotary Park could meet at Caf~ Destino on April 17 beginning at 10:00 A.M.
Cecil I~cConnell referred to the #1 rating the Gold Mountain Golf Complex received by Golf Ma.qazine,
and provided several of the highlights of the complex.
Brad Gehrin(I mentioned how impressed he was with Tucker's and the Gold Mountain Golf Complex
during his first visit there this past weekend during the Council retreat, and strongly encouraged citizens
to visit the facilities at their first opportunity. He also congratulated fellow Council member Dianne
Robinson for being selected as a YWCA "2004 Woman of Achievement ".
Daren N¥,clren thanked the staff at Tucker's for their hospitality to the Council during the retreat held this
past weekend, and indicated a summary report of the issues discussed at retreat would soon be
available.
With no further business, the meeting of the City Council was adjourned at 7:17 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Interim City Clerk
DAREN NYGREN, City Council President
City of Bremerton
DN/PJ/Is/cge
DATE SUBMITTED: 3-31-04 BILL
AGENDA BILL
CITY OF BREMERTON 3
CITY COUNCIL
SUBJECT: An affiliation ageement Commi~ee Meeting Date: 4-13-04
between the City of Breme~on and Tacoma CO~CIL MEET~G Date: 4-21-04
Co~ity College to allow the Brme~on Dep~m~t: Fire
Fire Depa~ent to be a tr~ning site for Present~: Al Duke, Fire Chief
parmedic s~dents. Phone: 473-5381
SUMM~Y: Tbs ageement will allow p~medic students ~om Tacoma Community College to do
their clinic~ training wi~ the Brem~on Fire Dep~ment.
ATTACHMENTS: Ageement between the City ofBreme~on ~d Tacoma Co~uniW College.
FISCAL IMPACTS (Include Budgeted ~ount): None
APPROVALS: ~~
DEP~TMENT DIRECTOR:
~NC~ D~CTOR: ~ 1~ ~I~
ONS NT
CO~CIL P~SIDENT: ~ ~
RECOMMENDED MOTION: ~at the CiW Council authorize the Mayor to si~ and enter into ~
affiiliation a~eement wi~ Tacoma Co--unity College to be a ~aining site.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
TTACOMA
COLLEGE
Own Your Future
BREMERTON FIRE DEPARTMENT
Te! 360~73-5380
Fax 360-473-5397
817 Pacific Ave
Brernedon, WA 98337
AFFILIATION AGREEMENT
This Agreement is made and entered into between
TACOMA COMMUNITY COLLEGE ("SCHOOL")
' located at 6501 South 19th Street, Tacoma, Washington, and
CITY OF BREMERTON FIRE DEPARTMENT ("TRAINING SITE")
located at 239 -4th Street, Bremerton, WA 98337
The purpose of this Agreement is for Training Site, which is committed to training health care
professionals, to provide desirable technical learning experiences and facilities for School's
students who are enrolled in its EMS/Paramedic program (the "education program"). In
consideration of the mutual covenants and agreements contained herein, School and Training
Site agree as follows:
I. GENERAL PROVISIONS
A. School and Training Site agree that contemporaneous with or following execution of this
Agreement and within the scope of its provisions, School may develop letter agreements
with Training Site to formalize operations details of the clinical education program.
These details include, but are not limited to, the following:
· Beginning dates and length of experience (to be mutually agreed upon at least one month
before the beginning of the clinical education program);
· Number of students eligible to participate in the clinical education program;
· Specific days, hours and locations for the clinical education program;
· Specific learning objectives for the faculty Liaison, clinical education;
· Supervisor, and Preceptors, if any, referenced elsewhere in this Agreement;
· Deadlines and format for student progress reports and evaluation forms.
Any such letter agreements will be considered to be attachments to this Agreement will be
binding when signed by authorized representatives of each party, and may be modified by
subsequent letter agreements signed by authorized representatives of each party.
6501 South 19th Street I Tacoma, WA 98466-6100 I P 253.566.5000 I www.tacoma.ctc.edu
Accredited by the Northwest Ass.qciation of Schools and Colleges
® Page 2 March 4, 2004
B. School and Training Site will jointly plan the clinical education program and jointly
evaluate students. Exchange of information will be maintained by on-site visits when
practical and by letter or telephone in other instances.
C. School and Training Site will instruct their respective faculty, staff; and students
participating in the clinical education program, to maintain confidentiality of student and
patient information as required by law and by the policies and procedures of School and
Training Site.
D. There will be no payment of charges or fees between School and Training Site.
E. There will be no discrimination against any program participant or applicant covered
under this Agreement because of race, color, religion, national origin, age, handicap,
status as Vietnam era or disabled veteran, sex, or sexual orientation, nor will School or
Training Site engage in such discrimination in their employment or personnel policies.
II. SCHOOL'S RESPONSIBILITIES
A. School will provide information to Training Site concerning its curriculum and the
professional and academic credentials of its faculty for the students at Training Site.
School will designate and appropriately qualified and credentialed faculty member to
coordinate and act as the Liaison with Training Site. School will be responsible for
instruction and administration of the students' academic education program. School will
notify Training Site in writing of any change or proposed change of its Liaison. School
will have the final responsibility for grading students.
B. School's faculty will meet with the Training Site clinical education Supervisor
Preceptors, if any, at the beginning and end of the clinical education program to discuss
and evaluate the clinical education program.
These meetings will take place in person if practicable, otherwise by telephone
conference. School is responsible for arranging and planning the meetings.
C. School will provide the names and information pertaining to relevant education and
training for all students enrolled in the clinical education program at least four weeks
before the beginning date of the clinical educational program. School is responsible for
supplying any additional information required by Training Site as set forth in this
Agreement, prior to the arrival of students. School will notify Training Site in writing
of any change or proposal change in a student's status.
D. School will obtain evidence of current immunizations against diphtheria, tetanus,
poliomyelitis, measles (rubeola), mumps, rubella (or a positive rubella tiler), and of
hepatitis B immunization status for those students who will be in contact with
patients/clients. For each student born after 1956, School will maintain on file records of
positive tiler or of post-1967 immunizations for rubella and rubeola. At the time of
immunization, students with no history of exposure to chicken pox will be advised to get
· Page 3 March 4, 2004
an immune titer. School will require yearly PPD testing or follow-up as recommended if
the students are PPD-positive or have had BCG. School will provide information to
Training Site regarding student status concerning the above requirements.
£. School will assign to Training Site only those students who have satisfactorily completed
the prerequisite didactic portion of the curriculum and ~vho have current CPR
certification.
F. School shall ask each student who may be placed in Training Site to obtain his/her
criminal history background record from the Washington State Patrol, pursuant to RCW
43.43.834 and RCW 43.43.838, to release a copy of that record to School, and to
authorize the School to transmit the record or copy thereof to Training Site. School will
provide Training Site with the names of any students who have failed to provide the
requested records, or who refuse to authorize the release of records to Training Site. The
students will be informed that, whether or not they agree to obtain the record and agree to
release it to School and Training Site, Training Site may conduct the background inquiry
directly and the Training Site may refuse placement of a student who does not provide
the requested records or who has a record of prior criminal conduct.
G. School will comply with and ensure to the extent possible that students comply with the
policies and procedures established by Training Site. School will notify each stadent of
his/her status and responsibilities pursuant to this Agreement.
H. School will encourage each student participating in the clinical education program to
acquire comprehensive health and accident insurance that will provide continuous
coverage of such student during his or her participation in the education program. School
will inform students that they are responsible for their own health needs, health care
costs, and health insurance coverage.
III. TRAINING SITE'S RESPONSIBILITIES
A. Training Site will provide students with a desirable clinical education experience within
the scope of health care services provided by Training Site. Training Site will designate
in writing Preceptors, if any, to be responsible for the clinical education program, and
will designate in writing one person as the clinical education Supervisor, who will
maintain contact with the School-designated Liaison to assure mutual participation in and
review of the clinical education program and student progress. Training Site will submit
in writing to School the professional and academic credentials for the Preceptors and
clinical education Supervisor. Training Site will notify School in writing of any change
or proposed change of the Preceptors or clinical education Supervisor.
B. Training Site will provide students with access to sources of information necessary for
the education program, within Training Site's policies and procedures and commensurate
with patients' rights, including library resources and reference materials.
C. Training Site will make available to students basic supplies and equipment necessary for
· Page 4 March 4, 2004
care of patients/clients and the clinical education program. Within the limitation of
facilities, Training Site will make available office and conference space for students
and, if applicable, School faculty.
D. Training Site will submit required reports on each student's performance and will
provide an evaluation to School on forms provided by School.
E. Training Site retains full responsibility for the care ofpatients/clients, and will maintain
the quality of patient care without relying on the student's clinical training activities for
staffing purposes.
F. Training Site will have the right to take immediate action to correct a situation
where a student's actions endanger patient care. As soon as practical thereafter, Training
Site's clinical education Supervisor will notify School of the action taken. All final
resolutions of the student's academic status in such situations will be made solely by
School after reviewing the matter and considering whatever written factual information
Training Site provides for School; however, Training Site reserves the right to terminate
the use of its facilities by a particular student where necessary to maintain its operation
free of disruption and to ensure quality of patient care.
G. The Training Site's duty with respect to a student, who is injured or who otherwise
becomes in need of emergency services, shall be to transport said student in a reasonable
manner and within a reasonable time to HMH. In ail other respects, the Training Site's
duty to a student present at Training Site's facility shall be no greater than the duty owed
to any other member of the public.
H. Except as provided in this Agreement, Training Site will have no obligation to furnish
medical or surgical care to any student.
IV. STUDENTS' STATUS AND RESPONSIBILITIES
A. Students will have the status of learners and will not replace Training Site personnel.
Any service rendered by students is incidental to the educational purpose of the clinical
education program.
B. Students are required to adhere to the standards, policies, and regulations of Training Site
during their clinical education program.
C. Students will wear appropriate attire and name tags, and will conform to the standards
and practices established by School during their clinical education program at Training
Site.
D. Students assigned to Training Site will be and will remain students of School, and will
in no sense be considered employees of Training Site. Training Site does not and will
not assume any liability under any la~v relating to Worker's Compensation on account of
any School student's performing, receiving training, or traveling pursuant to this
· Page 5 April 13, 2004
Agreement. Students will not be entitled to any monetary or other remuneration for
services performed by them at Training Site, nor will Training Site otherwise have any
monetary obligation to School or its students by virtue of this Agreement.
E. Students must agree to read and sign Hold Harmless Agreement attached as exhibit "B".
Students will not be allowed to take part in any training at the training site until they have
turned in their signed Hold Harmless Agreements: (School will re required to make their
students aware of this requirement under the provisions of Section IIG).
V. LIABILITY'COVERAGE PROVISIONS
A. Each party to this agreement shall defend, indemnify and bold the other harmless and
shall be responsible for the negligent acts or omissions of its own employees, officers, or
agents in the performance of this Agreement. Neither party Wil1 be considered the agent
of the other and neither party assumes any responsibility to the other party for the
consequences of any act or omission of any person, firm, or corporation not a party to
this Agreement.
B. School is covered by the State of Washington Self-Insurance Program and the Tort
Claims Act (RCW 4.92.060 et seq.), and claims against School and its employees,
officers, and agents in the performance of their duties and this Agreement will be paid
from the tort claims liability account as provided in RCW 4.92.130.
C. Training Site maintains liability insurance coverage. Through that coverage, Training
Site provides liability coverage for its employee's, officers and agents in the performance
of this Agreement, and further provides the means for defense and payment of claims that
may arise against such individuals.
VI. TERM
A. This Agreement is effective beginning March 1, 2004, and will continue thereafter
from year to year. This agreement will be reviewed no later than three years from its
effective date, or earlier at the request of either party. Scl~ool and Training Site will
jointly plan student placement in advance for clinical placement, maximum number of
students for whom Training Site can provide a desirable clinical education experience,
and the needs of other disciplines or schools requesting clinical placements.
B. This agreement may be canceled by written notice sixty (60) days in advance of
termination.
· Page 6 March 4, 2004
VII. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS
A. School certifies that it has trained each student it sends to Training Site in universal
precautions and transmission of blood-borne pathogens, and that it will send to Training
Site only students who have been trained in and have practiced using universal
precautions. School has provided the opportunity to receive Hepatitis B (HBV) vaccine
to all clinical education program students before assignment to Training Site. Train/ng
Site will provide personal protection equipment that is appropriate for the tasks assigned
to School's students.
B. The source patient's BV, HCV and HIV status will be determined by Training Site in the
usual manner to the extent possible. Training Site does not accept liability for any
illness or injury subsequent to such accidental exposure, except as otherwise provided in
this Agreement.
VIII. MISCELLANEOUS PROVISIONS
A. Entire Am'eement. This Agreement constitutes the entire agreement between the parties,
and supersedes all prior oral or written agreements, commitments, or understandings
concerning the matters provided for herein.
B. Amendment. This Agreement may be modified only by a subsequent written Agreement
executed by the parties. The provisions in this Agreement may not be modified by any
attachments or letter agreement as described elsewhere in this Agreement.
C. Order of Precedence. Any conflict or inconsistency in this Agreement and its
attachments will be resolved by giving the documents precedence in the following order:
I. This Agreement;
2. Attachments to this Agreement in reverse chronological order.
D. Governing Law. The parties' rights or obligations under this Agreement will be required
to be construed in accordance with, and any claim or dispute relating thereto will be
governed by, the laws of the State of Washington.
E. Notices. All notices, demands, requests, or other communications required to be given or
or sent by School or Training Site, will be in writing and will be mailed by first-class
mail, postage prepaid, or transmitted by hand delivery of facsimile, addressed as follows:
(a) To School:
Tacoma Community College
6501 South 19th Street
Tacoma, WA 98466
Attention: Pat Brown, Dean for Health, Justice & Human Services
· Page 7 March 4, 2004
(b) To Training Site:
City of Bremerton Fire Department
239 - 4th Street
Bremerton, WA 98337
Attention: A1 Duke, Fire Chief
Each party may designate a change of address by notice in writing. All notices, demands,
requests, or communications that are not hand-delivered will be deemed received three (3) days
after deposit in the U.S. mail, postage prepaid; or upon confirmation of successful facsimile
transmission.
F. Survival: School and Training Site expressly intend and agree that the liability coverage
provisions of this Agreement will survive the termination of this Agreement for any
reason.
G. Severability. If any provision of this Agreement, or of any other agreement, document
or writing pursuant to or in connection with this Agreement, shall be held to be wholly
or partially invalid or unenforceable under applicable law, said provision will be
ineffective to that extent only, without in any way affecting the remaining parts or
provisions of said agreement.
H. Waiver. Neither the waiver by any of the parties hereto of a breach of or a default under
any of the provisions of this Agreement, nor the failure of either or the parties, on one or
more occasions, to enforce any of the provisions of this Agreement or to exercise any
right or privilege hereunder, will thereafter be construed as a waiver of any subsequent
breach or default of a similar nature, or as a waiver of any of such provisions, fights or
privileges hereunder.
J. Inspection. Training Site will permit, on reasonable notice and request, the inspection of
clinical and related facilities by agencies charged with responsibility for accreditation of
School.
TACOMA COMMUNITY COLLEGE CITY OF BREMERTON FIRE DEPT
BY BY
A1 Duke, Fire Chief
BY BY
Vice President, College Services Cary Bozeman, Mayor
DATE SUBMITTED: 3-31-04 BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services Committee Meeting Date: 4-13-04
Agreement between the City of Bremerton COUNCIL MEETiNG Date: 4-21-04
and Systems Design. Department: Fire
Presenter: A1 Duke, Fire Chief
Phone: 473-5381
SUMMARY: This is an agreement between the City of Bremerton and Systems Design to provide
ambulance billings service. The original agreement in 1999 allowed for one-year extensions when
mutually agreed upon. With new HIPPA requirements and the contract needing to be renewed each
year, the contract was rewritten. There are no financial changes.
ATTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): $36,500
CITY ATTORNEY:
FMI~A.~RC~ DIRECTOR:
FISCAL/BUDGET: - CONSENT AGENDA
OPERATIONS:
COUNCIL PRESIDENT: -~ ~
RECOMMENDED MOTION: That the City Council authorize the Mayor to sign and enter into a
professional services agreement with Systems Design to provide ambulance billing.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
PROFESSIONAL SERVICES AGREEMENT
Ambulance Billing
The City of Bremerton ("City") and Systems Design ("Contractor"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Contractor agrees to perform the services more specifically
described in the Scope of Work, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be
modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work
provides for unspecified additional services such services shall only be performed upon
the express written request of the City. Contractor further represents that the services
furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
II. Term: The City and the Contractor agree that the term of this Agreement shall
commence upon the execution of this agreement and will terminate one year later.
Provided however, that this Agreement shall automatically be extended for up to ten
(10) additional one (1) year terms unless written notice to the contrary is provided by
either party thirty (30) days pdor to the expiration of any term. The total term of this
contract shall not exceed ten (10) years.
III. Compensation: Contractor shall submit a bill to the City on a monthly basis for
services provided. The amount of the bill shall be calculated at $20.50 for each Medical
incident Report (MIR) entered during the current billing period, plus actual postage
expenses; provided however, that either party reserves the right to renegotiate the rate
upon extension of this agreement as specified in Section II. Payment by the City to
Contractor shall be made promptly upon receipt of such billing. Balances owing in
excess of thirty (30) days shall accrue interest at the rate of one percent (1%) per
month.
Contractor shall not perform work beyond the Scope of Work, nor shall be
compensated for such work, unless the Scope of Work or amount of compensation is
modified pursuant to this Agreement. Contractor shall only be compensated for
additional services if requested pursuant to Section 1.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not
relieve Contractor of its obligations under this Agreement.
Bremerton/Systems Design
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IV. Relationship of Parties: Contractor represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and
responsibilities within its field of expertise. Contractor and its personnel are
independent Contractors and not employees of the City. Contractor and its personnel
have no authority to bind the City or to control the City's employees and other
Contractors. None of the benefits provided by the City to its employees, including, but
not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-Contractors of the
Contractor. Contractor will be solely and entirely responsible for its acts and for the acts
of Contractor's agents, employees, representatives and sub-Contractors during the
performance of this Agreement. The City may, during the term of this Agreement,
engage other independent Contractors to perform the same or similar work.
As an independent Contractor, Contractor is responsible for its own
management. The City's administration and enforcement of this Agreement shall not be
deemed an exercise of managerial control over Contractor or its personnel.
As an independent Contractor, Contractor is responsible for payment of all taxes
and licensing fees necessary to perform its obligations under this Agreement. These
taxes and fees include but are not limited to State industrial insurance, Business &
Occupation, State professional licensing, and City business licensing. If any taxes or
fees due the City have been declared delinquent, the City may withhold the delinquent
amount, plus any additional charges arising from the delinquency, from any payments
due Contractor.
V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this Agreement, except for that portion of the
injuries and damages caused by the City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the City, its officers, officials, employees, agents and volunteers,
the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
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Ambulance Billing
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IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VI. Insurance: The Contractor shall procure and maintain for the duration of the
Agreement, insurance against claims for injudes to persons or damage to property
which may arise from or in connection with the performance of the work hereunder by
the Contractor, its agents, representatives, employees, sub-Contractors or sub-
Contractors.
Before beginning work on the project described in this Agreement, the Contractor
shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and employer's liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per
occurrence and aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor.
All required policies shall be provided on an "occurrence" basis except
professional liability insurance (if required), which may be provided on a "claims-made"
basis.
The City shall be named as an additional insured on the Commercial General
Liability insurance policy, as respects work performed by or on behalf of the Contractor
and a copy of an endorsement that is acceptable to the City, which names the City as
an additional insured shall be attached to the Certificate of Insurance. The City
reserves the right to receive a certified copy of all the required insurance policies and
Bremerton/Systems Design
Ambulance Billing
Pa~e 3 of 8
endorsements. The City further reserves the right to reject any unacceptable policies
and/or endorsements.
The Contractor's Commercial General Liability insurance shall contain a clause
stating that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City and
the City shall be given thirty (30) days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any
reason, proof of coverage in the-form of a duplicate of the insurance policy with all
endorsements as evidence of coverage.
VII, General Conditions:
A. Reports and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The reports
and documents shall be furnished in the time and form requested. Contractor shall
maintain accounting records in accordance with Generally Accepted Accounting
Principles (GAAP) to substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents,
drawings, designs and reports, including those in electronic format, developed under
this Agreement are the property of the City. All written information submitted by the City
to the Contractor in connection with the services performed by the Contractor under this
Agreement will be safeguarded by the Contractor to at least the same extent as the
Contractor safeguards like information relating to its own business. If such information
is publicly available or is already in Contractor's possession or known to it, or is rightfully
obtained by the Contractor from third parties, Contractor shall bear no responsibility for
its disclosure, inadvertent or otherwise.
All data, documents and file.9~ created by Contractor under this Agreement may
be stored at Contractor's office in '~ z~ ~/~rZ.Z~,~z.~', Washington. Contractor shall make
such data, documents, and files available to the City upon its request at all reasonable
times for the purpose of editing, modifying and updating as necessary until such time as
the City is capable of storing such information in the City's offices. Duplicate copies of
this information shall be provided to the City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software
or other items prepared or furnished by Contractor pursuant to this Agreement, are
instruments of service with respect to the project and are the property of the City. Any
reuse by the City for other than the specific purpose intended will be at City's sole risk.
Bremerton/Systems Design
Ambulance Billing
Pa ge 4 of 8
City Address Contractor Address
City Clerk Systems Design
239 Fourth Street PO Box 3510
Bremerton, WA 98337 Silverdale, WA 98383
J. Waiver: Failure to enforce any provision of this Agreement shall not be
deemed a waiver of that provision. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon stdct
performance of any of the covenants and agreements contained herein, or to exercise
any option herein conferred in one or more instances shall not be construed to be a
waiver or relinquishment of said covenants, agreements or options, and the same shall
be and remain in full force and effect.
L. Compliance with Laws: Contractor shall comply with all applicable Federal,
State, and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to
the laws of the State of Washington. Any judicial action to resolve disputes arising out
of this Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or
provisions herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Nondiscrimination: Contractor shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status,
or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party
upon six (6) months written notice to the other Party. This Agreement may be
immediately terminated for cause by a Party if the other Party substantially fails to
perform through no fault of the terminating Party, and the non-performing Party does not
commence correction of the failure of performance within five (5) days of the terminating
Party's sending notice to the non-performing Party. Notice by Contractor shall include a
report showing the status of all items listed in the Scope of Work current through the
termination date.
Bremerton/Systems Design
Ambulance Billing
Page 6 of 8
C. Contractor to Maintain Records to Support Independent Contractor Status:
On the effective date of this Agreement (or shortly thereafter), Contractor shall:
1. File a schedule of expenses with the Internal Revenue Service for the type
of business Contractor conducts if necessary;
2. Establish an account with the Washington State Department of Revenue
and other necessary state agencies for the payment of all state taxes
normally paid by employers, register to receive a unified business
identifier number from the State of Washington; and
3. Maintain a separate set of books and records that reflect all items of
income and expenses of Contractor's business, all as described in the
Revised Code of Washington (RCW) Section 51.08.195, as required to
show that the services performed by Contractor under this Agreement
shall not give dse to an employer-employee relationship between the
parties which is subject to RCW Title 51, Industrial Insurance.
D. Work Performed at Contractor's Risk: Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-
Contractors in the performance of the work hereunder and shall utilize all protection
necessary for that purpose. All work shall be done at Contractor's own risk, and
Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Place of Work: The Contractor shall perform the work authorized under this
Agreement at its offices in S z4v'~'z~b/~ cE' , Washington. Meetings with the City
staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at
locations mutually agreed upon by the parties.
F. Entire A,qreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other
agreements, written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of
the Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument
signed by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent
to the parties at the addresses listed below by registered or 1st class mail, or by
personal service, and shall be deemed sufficiently given if sent to the addressee at the
address stated in this Agreement or such other address as may be hereafter specified
in writing.
Bremerton/Systems Design
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Ri,qhts Upon Termination: In the event of termination, the City shall pay for all services
performed by the Contractor to the effective date of termination, as described on a final
invoice submitted to the City. City will be entitled to reports showing the status of all
matters upon which Contractor is advising the City as of the effective date of
termination.After termination, the City may take possession of all records and data
within the Contractor's possession pertaining to the City without restriction
X. Confidentiality: Contractor shall not release any information provided to it
under this Agreement to any source, provided however, that it may release information,
including patient name, address, guarantor, insurance company name, policy number
and other information necessary to justify payment for services required by insurance
companies and governmental agencies to facilitate payment for claims submitted.
CITY OF BREMERTON SYSTEMS DESIGN
its: Mayor its: ¥')i'-~lr;-~/~ -
Date: Date: ~ - 2 - ~ ~
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R:'A.EGAL\Contracts~FIRE~Ambulance Billing PSA.doc
Bremerton/Systems Design
Ambulance Billing
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EXHIBIT A
SCOPE OF WORK
Contractor agrees to provide billing services to the City of Bremerton for its ambulance
transportation provided through the Bremerton Fire Department.
1. City agrees to:
a. Complete Medical Incident Reports (MIR), including patient name,
address and all pertinent billing information (i.e., guarantor, name of
insurance company, policy number). MIRs shall then be forwarded to
Contractor.
b. For~vard payment transmittal forms to Contractor for any payments made
directly to the City.
2. Contractor agrees to:
a. Entry of account/patient records.
b. Entry of all charges, payments and adjustments.
c. Produce and mail HCFA 1500 forms for all insurance charges entered or,
in the alternative, transmit charge data directly to insurance carriers and
other agencies.
d. Print and mail pdvate statements monthly.
e. Collect payments from individuals, insurance companies and other
agencies for deposit into an account designated by the City,
f. Provide monthly reports of (i) aged accounts receivable; (ii) production
statistics; and (iii) others as may be determined to be necessary.
g. Collect overdue accounts, upon approval by the City.
h. Reports and Information - Contractor, at such times and in such forms as
the City may require, shall furnish the City such reasonable periodic
reports and documents as it may request pertaining to the work or
services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters
covered by this Agreement.
3. Upon the termination of this Agreement, Contractor shall provide following pdvate
billings, payment posting, and insurance rebilling as necessary for two (2)
additional months. Immediately following these additional months of service,
Contractor shall return all Medical Incident Reports and other documentation
provided to it by the City under this Agreement. Contractor shall atso provide
City with documentation of the current status of all outstanding accounts.
Bremerton/Systetns Design
Ambulance Billing
Page 8 of 8
DATE SUBMITTED: BILL # 0 t4 - Ob
AGENDA BILL
CITY OF BREMERTON ~ ~
CITY COUNC1L
SUBJECT: Proposed salary step adjustment Committee Meeting Date: April 13, 2004
for Development Manager COUNCIL MEETING Date: April 21, 2004
Department: Comm. Development
Presenter: Chris Hugo
Phone: 473-5243
SUMMARY: The position of Development Manager was created by Council action effective
10/10/02. At that time, the duties of this new position were considered to be slightly subordinate to the
duties of Planning Manager (a position that was created in July of 2002). Since that time, however,
the two positions have held similar levels of management responsibility and authority in practice.
Currently, the Development Manager supervises one more employee than the Planning Manager. The
proposed adjustment from Step 2 to Step 6, Band 15, recognizes the parity in these two positions and
credits the incumbent Development Manager with years of employment since original hire in October
2001.
ATTACHMENTS: Job descriptions for Development Manager and Planning Manager
Memorandum to Mayor (March 19, 2004)
FISCAL IMPACTS (Include Budgeted Amount): $6,246 (included in approved DCD 2004 budget)
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET::
OPERATIONS
P S=ENT:
RECOMMENDED MOTION: Move to approve the salary increase for Development Manager
from f,i/l't 2 to f,d~ 6, Band 15, Management/Professional Pay Plan.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
To: Mayor Cary Bozeman
/
From: Chris Hugo, Direr/~-~
Date: March 19, 2004
Re: SALARY INCREASE FOR DEVELOPMENT MANAGER (JIM SVENSSON)
In January 2003, I was instructed by the Administration to initiate a salary adjustment for Jim
Svensson, Development Manager. I expressed full support for the change and committed to
bringing the proposal to the City Council for approval.
Several times last year, I had this item staged for Council action, but other issues took it off
their agenda. Jim has been patient throughout this long period of promised adjustment to his
compensation.
I have attached an undated agenda bill that provides the justification for this increase in the
"Background" section. If anything, Jim's duties and workload provide even more justification
for the change than a year ago - he is engaging in more management tasks while
maintaining operations in the development and permitting sections.
There is no financial consequence to the 2004 budget with this request as I had included the
increase in the Department's proposed personnel cost, and this item was approved as
requested.
I know that you continue to support this request. I bring it to your attention now in hopes that,
this time, we can actually put it in front of the Council for action.
CITY OF BREMERTON Classification Specifications July 1992
TITLE: DEVELOPMENT MANAGER No. 2905
ESSENTIAL FUNCTION
Program Manager responsible for financing, promoting and implementing the City's development
and redevelopment projects and manage operations in compliance with regulations and City policy.
DISTINGUISHING CHARACTERISTICS
This is a professional program management classification. Work consists of planning, organizing
and directing development and redevelopment services and personnel.
EXAMPLES OF DUTIES
Program Management: Prepares the budget request and objectives for development and
redevelopment functions. Provides guidance and coordination for staff to assure that work is
progressing to accomplish objectives. Supervises, trains and evaluates personnel; participates in
their selection and advises on discipline and discharge issues. Takes actions needed to implement
service, funding, policy and procedural changes. Researches, quantifies activity levels and costs of
existing services and identifies alternatives.
CapitalProjects: Identifiespotentialprojectsandpossiblefinancingsources. Directs and supervises
planning work on specific projects related to housing, comprehensive plan, urban renewal plan, etc.
Negotiates real estate transactions and arranges financing for projects. Supervises preparation of
narrative scope of work, specifications, bid documents and general contract and bid conditions for
construction. Initiates bid procedures; reviews bids; prepares awards, contracts ancO'associated
documents for approval processing. Oversees project construction; monitors progress; arranges
inspections and permits; advises contractor and solves problems; initiates legal and technical
documentation required for closure.
Community_ Development Block Grant Program: Performs and coordinates activity related to
implementing community development block grant program policies. Prepares HUD and other
grant requests in compl/ance with regulations; processes grant documents through approval
processes; implements program components. Supervises City-financed project preparation and the
documentation of regulatory and enforcement activity, as required. Approves payment of invoices
and supervises the management of the housing loan portfol/o.
Technical Support: Provides technical support to other departments when necessary to process
grant applications, financing documentation, etc. Provides general direction to maintenance of
records related to various activities and projects. Provides information on development and
redevelopment program policies, operations and activity. Coordinates program operations and plans
with those of other agencies in the region. Serves as liaison between the City and external agencies
on development and redevelopment operations.
General: Participates in the general management operations of the City. Responds to inquiries
from internal and external sources; produces written and verbal reports on administrative subjects,
as assigned. Performs other work which is consistent with the responsibilities of the classification
and necessary to department operations.
1
.2¢
CITY OF BREMERTON Classification Specifications July 1992
TITLE: DEVELOPMENT MANAGER No. 2905
REQUIRED QUALIFICATIONS
Knowledqe of:
Principles, practices and methods of real estate and planning of intergoveramental
operations;
Fundamental intent and basic provisions of federal and state development legislation;
Principles, practices and methods of capital development and improvement project financing;
Federal procurement, housing and labor standards applicable to community development
block grant programs.
Techniques used for gathering, evaluating and summarizing planning and development
department service information in preparing budgets;
Management, personnel and ethical practices as they apply to development program
operations.
Essential Abi/ities
Able to:
Apply professional planning and project management principles to specific service program
operations;
Interpret and apply the intent and specific provisions of laws and regulatory provisions to
particular conditions and determine a course of action;
Evaluate, plan and establish a proper sequence of action for program personnel to
accomplish goals;
Provide verbal and written directives, information and advice to a wide variety of people and
_ officials;
Persuasively and ethically communicate ideas and assert a point of view in complex or
controversial situations;
Exhibit and instill in subordinates a h/gh public service priority in contacts with the public
and others encountered in the work.
REQUIRED LICENSES AND CERTIFICATIONS
A valid Washington State driver's license is required and must be obtained prior to date of
appointment or another date set by the City.
Qualifying Trainin~ and Experience
Combined training and experience which demonstrates that a person has obtained the required
knowledge and is able to perform the work required (with reasonable accommodation, if necessary).
In the development profession, a person with the following combined training and experience would
typically qualify to compete in a selection process: Graduation from an accredited college or
university with a baccalaureate degree in Planning, Business Administration, Finance or a closely
related field and five (5) years of full-time paid experience in community development work; at least
two of which involved intergovernmental program operations or capital projects management, and
at least two of which involved supervisory responsibility.
2
CITY OF BREMERTON Classification Specifications July 1992
TITLE: DEVELOPMENT MANAGER No. 2905
LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT
OCCUPATIONAL GROUP: Middle Management. In addition to their essential function of
managing on-going operations and personnel of their division or program, persons in middle
management serve as the primary liaison between executive managers and program service users,
operating personnel, and external organizations on specific activity. Work involves interpreting
multiple policy requirements for continuing operations and advising executive managers in complex
situations where available action options can have differing operational results or consequences.
FAIR LABOR STANDARDS ACT: The position qualifies for exemption from the Fair Labor
Standards Act minimum wage and overtime provisions under the Act's Administrative Employees
and Professional Employees exemptions.
REPRESENTATION: The position is excluded from the non-uniformed barga/ning unit pursuant
to Washington Public Employment Relations Commission Decision No. 1346 - PECB dated the 19th
day of January, 1982 under the second sentence reading, in relevant part: "Excluding...department
heads and their assistants, supervisors...".
CML SERVICE: The classification is excluded from the Civil Service pursuant to Civil Service
Rule 1.05 EXEMPT STATUS B. (1) "A Management position second in command to a Department
Head where the individual holding the position has major administrative or program respons~Llities
or, alternatively, performs many of the functions of his/her superior in the superiors's,hbsence.'
APPOINTMENT AND REMOVAL AUTHORITY: The position is filled by appointment of the
Department Head and removal is at the will of the Department Head in conformance with
procedures established by the City.
SPECIFICATIONS APPROVAL:
Director, Community Development:
Date:
Mayor:
Date:
3
BREMERTON February 2002
CLASSIFICATION SPECIFICATIONS Page 1
TITLE: PLANNING MANAGER
GENERAL PURPOSE:
Under the general direction of the Director, performs work necessary to the planning and permit
processing requirements of the city and to the effective administrative operations of the City's planning
function. Performs at the highest levels of city development policy.
DISTIGUISHING CHARACTERISTICS:
This is a managerial / professional classification with program management responsibilities. Work
consists of continuing responsibility for the preparation of community plans and for plan
implementation. Duties include production of development policies and regulations; providing direction
to others in executing the growth planning and current planning work programs; and directing the
Community Development Department in the Director's absence.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
· Pro~ram Management: Prepares the budget request and work program for the city's growth and
current planning functions. Provides guidance and coordination for planning staff to assure that
work is progressing toward established goals. Provides general direction over general planning
office operations. Participates in the selection, training and evaluation of planning personnel.
Establishes general operating policies and procedures.
· Growth Planning: Personally performs and coordinates activity related to developing and
implementing planning projects such as the comprehensive plan, urban growth plan, shoreline
master program, waterfront urban renewal plan, zoning, subdivision, SEPA and other ordinances
and specialized plans involving transportation, neighborhoods, annexations, etc. Researches,
interprets and applies regulatory provisions, documents and process protocols in conformance
with federal, state and local legislative requirements. Prepares the detailed language and
provisions of changes to plans and ordinances and processes through advisory and legislative
enactment.
· Current Planning: Personally performs and/or supervises planning work related to
administering the zoning code, shoreline regulations, and environmental ordinances. Reviews
business, building and development designs, plans and proposals; determines which legal and
regulatory procedures apply; issues or denies routine and special permits; and provides
professional planning advice and assistance to applicants, concerned members of the community,
reviewing bodies and agencies. Prepares written reports with supplemental graphics and makes
recommendations necessary to the processing of permits for approval or denial.
· Special Programs and Records: Prepares or supervises the preparation of special reports and
information related to environmental reviews, population and other demographic data,
annexation property valuation/mapping/zoning/owner lists, census updates, amortization
programs, etc. Provides information support to other city departments when necessary to
processing grant applications, financing documentation, and other projects. Provides general
direction to the maintenance of planning records related to various activities such as permits,
notices, code interpretations, fees, etc.
· Information and Inter-Agency Coordination: Provides informal and formal written and verbal
information and notices to city officials, staff, external organizations, regulatory agencies and the
public on planning program operations and activity. Informally and formally coordinates the
BREMERTON February 2002
CLASSIFICATION SPECIFICATIONS Page 2
TITLE: PLANNING MANAGER
planning program operations and plans ~vith those of other agencies in the region. Serves as
liaison between the City and external agencies on matters involving planning operations.
· General: Participates in the general management and administrative operations of the
department and the City. Responds to inquires and requests from members of the public, city
employees and officials of the city or outside organizations. Produces written and verbal reports
on administrative or managerial subjects, as assigned. Performs other assigned work which is
consistent with the responsibilities of the classification and necessary to the overall planning
program and/or departmental operations.
KNOWLEDGE~ SKILLS, AND ABILITIES:
Knowledge of:
· Principles, practices and methods of municipal land use planning and development permitting
and support functions;
· The Washington State Growth Management Act and its relationship to municipal interests and
community development;
· Municipal, county, state and federal planning and environmental regulations and laws.
· General purposes of planning policy documents and procedures, including comprehensive plans,
ordinances, design, plan and environmental reviews, and appeals procedures.
· Computer technology and sof~vam applications related to community development, e.g.
geographic information systems.
Ability to:
· Evaluate, plan and direct planning operations and staff.
· Utilize verbal, written and graphic skills to communicate information and advice effectively to a
wide variety of people and officials.
· Guide events toward accomplishment of goals.
· Interpret and enforce ordinances and regulations firmly, tactfully and impartially.
· Utilize computer technology to enhance personal and department production and efficiency.
· Manage complex assignments independently and make decisions or recommend course of action
based on knowledge and established procedures.
WORKING CONDITIONS:
The working conditions described here are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
Work is performed mostly in office settings. Some outdoor work is required in the inspection of various
land use developments and construction sites. Hand-eye coordination is necessary to operate computers
and various pieces of office equipment.
The employee is frequently required to talk or hear; sit; use hands to finger, handle, feel or operate
objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to stand
or walk. The employee must occasionally lilt and/or move up to 10 pounds.
BREMERTON February 2002
CLASSIFICATION SPECIFICATIONS Page 3
TITLE: PLANNING MANAGER
Specific vision abilities required by this job include close vision and distance vision, peripheral vision,
depth perception, and the ability to adjust focus. Adequate vision in order to obtain/maintain a valid
Washington State Driver's License.
The employee occasionally works in outside weather conditions. The employee is occasionally exposed
to wet and/or humid conditions, or airborne particles.
The noise level in the work environment is usually quiet in the office, and moderate in the field.
QUALIFYING EDUCATION AND EXPERIENCE:
Graduation from college with a Bachelors or Masters degree in urban planning from an institution with a
planning curriculum accredited by the American Planning Association. Six years of full-time
professional experience in urban planning and community development that includes two years of
project management or supervision of a major work group. American Institute of Certified Planners
Certification desirable.
REQUIRED LICENSES AND CERTIFICATIONS:
A Valid driver's license is required. A valid Washington State driver's license will be required within the
first three months of employment.
LEGAL AND REGULATORY CONDITIONS OF EMPLOYMENT:
Fair Labor Standards Act: This position qualifies for exemption from the Fair Labor Standards Act
minimum wage and overtime provisions under the Act's Executive Employees exemption.
Representation: This position is excluded from the bargaining unit representation,
Civil Service: The classification is excluded from the Civil Service pursuant to City Charter Section 33.
Appointment and Removal Authority: The position is filled by appointment by the Director. Removal
is at the will of the Director in conformance with procedures established by the City.
This classification specification does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and requirements of the
job change.
DATE SUBMITTED: 4-1304 BILL# 0~/-0k~,
AGENDA BILL
CITY OF BREMERTON 6 ~
CITY COUNCIL
SUBJECT: Approval to hire Director of Committee Meeting Date: 4-13-04
PuNic Works & Utilities above Step 1 of the COUNCIL MEETING Date: 4-21-04
assigned pay band and to confirm his Department: Executive
appointment to the position. Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: The BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the
appointment of a Department Director and approval for an initial salary rate which exceeds Rate 1. Council
confirmation and approval is requested to hire Phil H. Williams as Director of Public Works & Utilities at Pay
Rate 7 of Band 22. Mr. Williams' exemplary career spans 29 years in both the public and private sectors, 12
years of which were with the City of Spokane as Public Works Director, Director of Environmental Programs
and Executive Director of the Spokane Regional Solid Waste System. Most recently he has been serving as
Interim Director of Public Works for the City of Marysville. Private sector experience includes 5 years with
Kaiser Aluminum as an Environmental Engineer and 5 years as a consultant with CH2MHiI1, primarily
working with local governments in WA, ID, OR and NV to develop water, wastewater and transportation
projects to design or design]build. Mr. Williams received only the highest of recommendations t¥om his former
employers.
ATTACHMENTS: Resume and Memo outlining the negotiated terms of his employment with the
City of Bremerton
FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of 2004
budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: ~ . - ~"'~--~------.--.--_~
FISCAL/BUDGET:OPERATIONS:
~ ~i:=.~-- -_ CONSENT AGENDA
COUNCIL PRESIDENT: ~"'~..
RECOMMENDED MOTION: Move to confirm and approve the hiring of Phil H. Williams as
Director of Public Works & Utilities at Pay Step 7 of Band 22.
COUNCIL ACTION: [] Approve [] Deny [] Table ~ [] Continue [] No Action
QUALIFICATIONS SUMMARY
FOR
PHIL H. WILLIAMS
EDUCATION: BS Biology, Washington State University
MS Aquatic Biology, Limnology, Eastern Washington University
WORK HISTORY:
1998-Present - CH2MHilI, Spokane - Infrastructure Project Mgr.
1985-1997 - City of Spokane -1996/97 Director of Public Works; 1989/96 Director Spokane
Regional Solid Waste System; 1985-89 as Director of Environmental Programs Dept
1981-1985 -Kaiser Aluminum, Spokane, WA - Environmental Supervisor
1975-1980 - State of WASHINGTON, t 976/80 Dept. of Ecology as District Supervisor;
1975/76 as Team leader, Water Quality Investigations Section.
Memo
To: City Council
From: Cary E. Bozeman, Mayor
Date: April 13, 2004
Re: Phil H. Williams- Terms and Conditions of Employment
The following is a hsting of the tenm and conditions of employment negotiated with Phil H.
Williams to fill the position of the Director of Public Works and Utilities:
Position: Director
Department: Public Works & Utilities
Effective Date: On or before June I, 2004
Rate of Pay: $ 4,325.62 semi-monthly (Step 7, Band 22), and
eligibility to advance to the next pay step on
January 1, 2005 based upon satisfactory
performance review.
AppointmentrRemovah Mayor
Supervisor: Mayor
Benefits: Pursuant to BMC Chapter 2.50 except as otherwise
noted.
Vacation: 25 days for 2004 (pro-rated)
Moving expenses: Not to exceed a maximum of $3,500.00 with
receipt(s) required for reimbursement.
M-City Council
Wiliams Hire
Page lo, 2 ~
City Vehicle: 24 hour use of an assigned City Vehicle
Mr. Williams will be an "at will" employee and may be terminated by the City without cause
at any time with thirty (30) days notice. He may be terminated for cause, without notice, and
no severance pay shall be paid.
q~qis shall constitute his terms and conditions of employment with the City and there are no
other written or oral agreements that have not been set forth above or covered by Chapter
2.50 of the Bremerton Municipal Code (copy attached).
Page 2
DATE SUBMITTED: March 12, 2004 BILL # 0q~ 0~ [
AGENDA BILL
CITY OF BREMERTON 7 ~
CITY COUNCIL
w4 i ..................................................
ECT: PublicJtearing on Ordinance Committee Meeting Date: March 30, 2004
amending Section 6.32.010 BMC relating to COUNCIL MEETING Date: April 1'! an~ 21, 2004
noise control districts Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 2345
SUMMARY: The current provisions of Section 6.32.010 BMC relating to noise control districts do
not address the DW and DC zones. The proposed ordinance updates Section 6.32.010 to include the
DW and DC zones.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: /
CONSENT AGENDA []
OPEP TIONS:
COUNCIL PRESDENT:
RECOMMENDED MOTION:
2. I move to pass Ordinance No. ~;{ on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table ~¢ [] Continue [] No Action
ORDINANCE NO. q ~f/
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 6.32.010 of the
Bremerton Municipal Code relating to noise control districts to
include the DW and DC zones.
WHEREAS, the current provisions of Section 6.32.010 of the Bremerton
Municipal Code relating to noise control districts do not address which district the DW and DC
zones are in; and
WHEREAS, the City Council desires to update the provisions relating to noise
control districts to provide for the DW and DC zones; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Section 6.32.010 of the Bremerton Municipal Code entitled
"Definitions" relating to noise levels is hereby amended to read as follows:
6.32.010 DEFINITIONS.
All technical terminology used in this chapter not defined herein shall be interpreted in
conformance with American National Standards Institute Specifications, Sections 1.1-1960 and
1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the
meaning indicated below:
(a) "Administrator" means the mayor of the dity of Bremerton or his or her designee.
(b) "db(A)" means a sound level, measured in decibels, using the A frequency-
weighing network of a sound-leveI meter.
(c) "District" means the land-use zones to which the provisions of this chapter apply.
For the purposes of this chapter, the following noise control districts shall be established, which
include land use zones designated in the Bremerton zoning ordinance, as follows:
Noise Control District Land Use Zones
District I SF1, SF2, SF3, CBR, DR, MF, MR
District II PO, NB, GB, SC, BC, BP, MX, PS, LPO, DW, DC
District III 1P, IG, WS, F-M
(d) "Emergency work" means:
(1) Work made necessary to restore property to a safe condition following a
public calan~ity;
(2) Work required to protect persons or property from imminent exposure to
danger; or
(3) Work by private or public utilities for providing or restoring immediately
necessary utility service.
Downtown District Noise Control
(e) "Motorcycle" means any motor vehicle having a saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground, except farm
tractors and such vehicles powered by an engine of less than five horsepower.
(f) "Motor vehicle" means any vehicle which is self-propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under RCW
46.16.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as
that term is used herein).
(g) "Noise" means the intensity, duration and character of sounds from any and all
sources.
(h) "Person" means any individual firm, association, partnership, corporation or any
other entity, public or private.
(i) "Police Officer" means a duly appointed city, county or state law enforcement
officer.
(j) "Property boundary" means the survey line at ground surface which separates real
property owned, rented or leased by one or more other persons and its vertical extension.
(k) "Receiving property" means real property within which sound originating from
sources outside the property is received.
(1) "Sound level" means a weighted sound pressure level obtained by the use of a
sound level meter and weighted as specified in American National Standards Institute
Specifications, Section 1.4-1971.
(m) "Sound level meter" means a sound-level measuring device, either Type I or Type
II, as defined by American National Standards Institute Specifications, Section 1.4-1971.
(n) "Weekend" means Saturday and Sunday or any legal holiday.
SECTION 2. Severability. If any one or mom 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 3. Effective Date. This ordinance shall take effect and be in force ten
(i 0) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
Downtown District Noise Control
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTiVE the .day of ,2004
ORDINANCE NO.
R:XLEGAL\Ordinances\Community Development\Noise zones.doc
Downtown District Noise Control
DATE SUBMITTED: March 12,2004 BILL# 0t-/- 19~a~q,
AGENDA BILL
CITY OF BREMERTON 7 ~
CITY COUNCIL
'.q. :4; ' ; i:: 7 ...............................................
SUBJECT: Publid Hearing on OrdTfiance Committee Meeting Date: March 30, 2004
amending Sections 11.08.100 and 11.08.130 COUNCIL MEETING Date: April 14 and 21, 2004
BMC relating to permit and insurance Department: City Attorney's Office
requirements for sidewalk construction, Presenter: Roger A. Lubovich
reconstruction and repair. Phone: 2345
SUMMARY: The current provisions of Sections 11.08.100 and 11.08.130 relating to permit and
insurance requirements for sidewalk construction, reconstruction and repair may result in conflicts
with other sections of the Bremerton Municipal Code. The proposed ordinance updates these sections
in order to have a comprehensive, consistent permitting process for sidewalk and right-of-way
permitting.
ATTACHMENTS: Proposed Ordinance ~o,
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR: /
CITY ATTORNEY:
CO~CIL P~S~ENT: ~.~.
~COMMENDED MOTION:
1. ~ovc to a~he ..... sed erd~nanc~ ~ ~* ~ndin~
2. I move to pass Ordin~ce No. ~ on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO. ~ ~22-
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Sections 11.08.100 and
11.08.130 of the Bremerton Municipal Code relating to permit and
insurance requirements for sidewalk construction, reconstruction
and repair.
WHEREAS, the current provisions of Section 11.08.100 of the Bremerton
Municipal Code relating to permit requirements for sidewalk construction, reconstruction and
repair result in a potential conflict with right-of-way permitting requirements of Section
I 1.02.080 BMC; and
WHEREAS, the current provisions of Section 11.08.130 of the Bremerton
Municipal Code relating to insurance requirements for sidewalk construction, reconstruction and
repair may also result in a potential conflict with the insurance requirements of Section
11.02.230 BMC; and
WHEREAS, the City Council desires to update the provisions relating to permit
and insurance requirements for sidewalk construction, reconstruction and repair in order to have
a comprehensive, consistent permitting process for sidewalk and right-of-way permitting; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Section 11.08.100 of the Bremerton Municipal Code relating to
sidewalk construction, reconstruction, and repair entitled "Permit Required - Application" is
hereby amended to read as follows:
11.08.100 PERMIT REQUIRED - APPLICATION.
No person, firm or corporation shall construct or reconstruct any curb, sidewalk or
driveway on public rights-of-way without first obtaining a permit from the City, pursuant to
Section 11.02.080 BMC and related permitting requirements of Chapter 11.02 BMC. Such
SECTION2.. Section 11.08. 130 of the Bremerton Municipal Code relating to
sidewalk construction, reconstruction and repair entitled "Liability Insurance Required" is hereby
repealed in its entirety.
11 ~@ ~ ]' TAI~TT TrI~V T~CT~I~ ANJ~I~
ROW Permitting - Ch£t 11.02
SECTION 3. Severabilirv. 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 from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the . day of ,2004
EFFECTIVE the .day of ,2004
ORDINANCE NO.
RSLEGAL\OrdinanceskPublic Works & Utilities\Sidewalk Permits and Insurance.doc
ROW Permitting - Chpt 11.02
DATE SUBMITTED: March 11, 2004 BILL #
AGENDA BILL
CITY OF BREMERTON 7
CITY COUNCIL
....................................................
UBJECT: Publ'/c Hearing on Ordinance Committee Meeting Date:
repealing and replacing Ch. 2.78 BMC COUNCIL MEETING Date: ~ !~ ! ~:_-,, ~.
relating to real property transactions Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 2345
SUMMARY: The current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to
real property transactions are burdensome and result in inefficient administration and processing of
real estate transactions. The proposed ordinance simplifies the process for real property transactions
by requiring ail sales and purchases of real property by the City be subject to City Council approval
upon terms and conditions as approved by the City Council and, further, by providing other provisions
related to real property transactions.
ATTACHMENTS:
1. Memorandum to City Council
2. Proposed Ordinance tqt>, 4 ~'q3
3. Relevant RCWs
4. Current Chapter 2.78 BMC
5. Legislative history and Ordinance No. 4475 adopting the current Chapter 2.78 BMC
6. City Policies 1-20-3 (acquisitions and sales) and 1-20-04 (leases)
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: ct ..~,....~.,.~.~_.. .~_..__ _ ._,..~_~ ~
OPERATIONS: ~ ~~ ~~ CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
1.1mc, vt to a=rpc4~v-e,~ thp ,,~,,,'"o~'~, ~ _~_~ erdinznee on first reading~
2. I move to pass Ordinance No. ~/~? ~,~ on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
TO: City Council
From: ' -- -- "
gate: March 10, 2004
1. Current Policy. The proposed ordinance for real estate transactions amends the process
for the purchase and sale of real property by the City. The current policy, codified in Chapter
2.78 BMC (attached), provides as follows:
1. For Selling Property. The City annually reviews the inventory of property and
presents a report to the Council for consideration with a recommendation whether or not parcels
should be retained or surplused. In addition to the annual surplus property review, the surplus
review procedures for a particular property may be initiated at any time. Following a heating on
the proposed disposition of property, the property can then be surplused by the Council. Then,
based on the estimated value of the property, either a limited opinion of value, a short appraisal
form report, or a full narrative appraisal report is obtained for the property to be disposed of. All
properties not approved for listing through a broker or through a negotiated sale pursuant to
Chapter 2.78 BMC shall be subject to a sealed advertised bid process. In lieu of a sealed bid, the
Council may require marketing through a broker. In the event the City Council finds that the
property has a unique character or development potential that is subject to special consideration
or conditions which create a benefit to the City, it can declare such parcel surplused and direct a
negotiated sale subject to final Council approval.
2. Purchases of Real Property or a Property. For property which is not acquired
through a voluntary sale (i.e., under threat of condemnation), the department acquiring the
property shall make a written offer for the full amount established by appraisal or less formal
assessment based on the value of the property. Council shall then approve the real estate
agreement. No owner shall be required to surrender the property until the City has deposited the
full amount in the Court having jutisdiction of condemnation of the property. Chapter 2.78 is
silent on how voluntary negotiated purchases are processed and approved.
3. City Financial Policy. City Financial Policy 1-20-03 as set forth in the
Bremerton Policy Manual entitled "Real Property Surplus, Sale and Acquisition", duplicates the
provisions of Chapter 2.78 BMC, and is proposed to be repealed with the current Chapter 2.78.
II. Proposed Policy. The proposed ordinance simplifies the current process by requiting
that all sales and purchases of property by the City shall be subject to Council approval. The
ordinance provides:
MEMORANDUM:
(Real Eatate Transactions - Proposed Ordinance)
March 10, 2004
Page: 2
1. All real estate purchases and sales shall be approved by the City Council upon
terms and conditions as approved by the City Council. The Council, therefore, can accept or
reject the terms as presented to it and/or it can establish procedures for the disposition or
purchase of property as it deems appropriate.
2. Leases of real property to or by the City, which exceed two years and/or exceed
$10,000 per year, shall require approval of the City Council. This codifies the level of authority
for the Administration to enter into rental and lease agreements as set forth in City Financial
Policy 1-20-04 "entitled "Residential Rental Agreements and Commercial Leases", insuring that
the City Council approves leases having a significant term or value.
3. City Council approval of project budgets or condemnation proceedings for fight-
of-way improvements shall be deemed Council approval for the purpose of acquiring easements
or rights-of-way for street or road improvements. This allows Public Works & Utilities to obtain
prior approval for acquisition of necessary fights-of-way for road projects.
4. Utility property must first be surplused following a heating as provided for by
State law.
5. The sale or lease of surplus property having a value of more than $50,000 to
another governmental entity requires a heating and surplusing pursuant to State law.
6. Sale or lease of Parks property is subject to the Parks Protection Code, Chapter
13.12 BMC.
7. The City reaffirms and readopts its current policy in Chapter 2.78 to elect not to
comply with the provisions of RCW 8.26 relating to relocation costs for projects not involving
Federal funds.
oRDi ANc po.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing Chapter 2.78 of the Bremerton
Municipal Code entitled "Real Property Transactions" and a
related City policy and further adopting a new Chapter 2.78
establishing new procedures for the purchase, sale and leasing of
real property.
WHEREAS, the current provisions of Chapter 2.78 of the Bremerton Municipal
Code relating to real property transactions are burdensome and result in inefficient
administration and processing of real estate transactions; and
WHEREAS, the City Council desires to i) repeal Chapter 2.78 BMC entitled
"Real Property Transactions", 2) repeal City Financial Policy 1-20-03 entitled" Real Property
Surplus, Sale and Acquisition", which duplicates the provisions of Chapter 2.78 BMC, and 3)
enact a new Chapter 2.78 BMC in order to update the provisions relating to real property
transactions; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L Chapter 2.78 of the Bremerton Municipal Code entitled "Real
Property Transactions" is hereby repealed in its entirety and there is hereby created a new
Chapter 2.78 entitled "Real Property Transactions" to read as follows:
Chapter 2.78
REAL PROPERTY TRANSACTIONS
2.78.010 PURCHASES AND SALES.
(a) The City Council shall approve all purchases of real property and shall surplus as
appropriate and approve all sales of real property by the City.
(b) When disposing of real property, the City may list the property with a real estate
broker, negotiate directly with a prospective purchaser or utilize any other appropriate means to
sell the property.
(c) If the City determines that the real property has value only to an abutting owner of
land because of the size, shape, topography, feature or restriction of the property, the City shall
notify the abutting owner that the property is for sale to allow them an opportunity to submit an
offer to purchase the property and/or to match any offer presented.
(d) Subject to the provisions of this chapter, all real property purchases and sales shall
be pursuant to terms and conditions as approved by the City Council.
Real Property Transactions
2.78.020 LEASES.
The leasing of real property by or to the City fbr a term which, including options, exceeds
two (2) years and/or exceeds $10,000 per year, shall require the approval of the City Council.
2.78.030 RIGHT OF WAY ACQUISITIONS.
City Council approval of project budgets or condemnation proceedings for right of way,
easement or other land acquisitions for street or road development or improvements shall
constitute City Council approval for the purpose of BMC 2.78.010.
2.78.040 UTILITY PROPERTY.
Prior to the sale or lease of city public utility real property, the city council shall, by
resolution, surplus and authorize the sale or lease of said property following a public hearing
pursuant to the provisions of RCW 35.94.040.
2.78.050 PARKS PROPERTY.
The sale or lease of parks property as designated in B MC 13.12.020 shall be subject to
the provisions of the Parks Protection Code, Chapter 13.12 BMC.
2.78.060 INTERGOVERNMENTAL SALES AND LEASES.
Prior to the sale or lease of surplus city property having an estimated value of more than
fifty thousand ($50,000) dollars to another governmental entity, the city council shall hold a
hearing following notice pursuant to the provisions of RCW 39.33.020.
2.78.070 RELOCATION.
Pursuant to RCW 8.26.010(2), the City hereby elects not to comply with the provisions of
RCW 8.26.035 through RCW 8.26.115 regarding moving and related expenses when acquiring
property in connection with a program or project not receiving federal financial assistance.
SECTION2. PoliqyRepealed. City Financial Policy 1-20-03 as set forth in the
Bremerton Policy Manual entitled "Real Property Surplus, Sale and Acquisition ", which
duplicates the provisions of Chapter 2.78 BMC, is hereby repealed in its entirety.
SECTION 3. Severability. 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 fbrce ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ., 2004
Real Property Transactions
PASSED by the City Council the day of ., 2004
DAREN NYGREN, Council President
Approved this day of _, 2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of _, 2004
EFFECTIVE the day of ,2004
ORDINANCE NO.
RSLEGAL\Ordinances\Real Property Transactions.doc
Real Property Transactions
RCWs relevant to Chapter 2.78 BMC Real ProperS.
Transactions
RCW 35.94.040
Lease or sale of land or property originally acquired for public utility purposes.
Whenever a city shall determine, by resolution of its legislative authority, that any lands,
property, or equipment originally acquired for public utility purposes is surplus to the
city's needs and is not required for providing continued public utility service, then such
legislative authority by resolution and after a public hearing may cause such lands,
property, or equipment to be leased, sold, or conveyed. Such resolution shall state the fair
market value or the rent or consideration to be paid and such other terms and conditions
for such disposition as the legislative authority deems to be in the best public interest.
The provisions of RCW 35.94.020 and 35.94.030 shall not apply to dispositions
authorized by this section.
RCW 35.94.010
Authority to sell or let.
A city may lease for any term of years or sell and convey any public utility works, plant,
or system owned by it or any part thereof, together with all or any equipment and
appurtenances thereof.
RCW 35.94.020
Procedure.
The legislative authority of the city, if it deems it advisable to lease or sell the works,
plant, or system, or any part thereof, shall adopt a resolution stating whether it desires to
lease or sell. If it desires to lease, the resolution shall state the general terms and
conditions of the lease, but not the rent. If it desires to sell the general terms of sale shall
be stated, but not the price. The resolution shall direct the city clerk, or other proper
official, to publish the resolution not less than once a week for four weeks in the official
newspaper of the city, together with a notice calling for sealed bids to be filed with the
clerk or other proper official not later than a certain time, accompanied by a certified
check payable to the order of the city, for such amount as the resolution shall require, or a
deposit of a like sum in money. Each bid shall state that the bidder agrees that if his bid is
accepted and he fails to comply therewith within the time h~reinafter specified, the check
or deposit shall be forfeited to the city. If bids for a lease are called for, bidders shall bid
the amount to be paid as the rent for each year of the term of the lease. If bids for a sale
are called for, the bids shall state the price offered. The legislative authority of the city
may reject any or all bids and accept any bid which it deems best. At the first meeting of
the legislative authority of the city held after the expiration of the time fixed for receiving
bids, or at some later meeting, the bids shall be considered. In order for the legislative
authority to declare it advisable to accept any bid it shall be necessary for two-thirds of
all the members elected to the legislative authority to vote in favor of a resolution making
the declaration. If the resolution is adopted it shall be necessary, in order that the bid be
accepted, to enact an ordinance accepting it and directing the execution of a lease or
conveyance by the mayor and city clerk or other proper official. The ordinance shall not
take effect until it has been submitted to the voters of the city tbr their approval or
rejection at the next general election or at a special election called for that purpose, and a
majority of the voters voting thereon have approved it. If approved it shall take effect as
soon as the result of the vote is proclaimed by the mayor. If it is so submitted and fails of
approval, it shall be rejected and annulled. The mayor shall proclaim the vote as soon as
it is properly certified.
RCW 35.94.030
Execution of lease or conveyance.
Upon the taking effect of the ordinance the mayor and the city clerk or other proper
official shall execute, in the name and on behalf of the city, the lease or conveyance
directed thereby. The lessee or grantee shall accept and execute the instrument within ten
days after notice of its execution by the city or forfeit to the city, the amount of the check
or deposit accompanying his bid: PROVIDED, That if litigation in good faith is instituted
within ten days to determine the rights of the parties;no forfeiture shall take place unless
the lessee or grantee fails for five days after the termination of the litigation in favor of
the city to accept and execute the lease or conveyance.
RCW 39.33.020
Disposal of surplus property -- Hearing -- Notice.
Before disposing of surplus property with an estimated value of more than fifty thousand
dollars, the state or a political subdivision shall hold a public hearing in the county where
the property or the greatest portion thereof is located. At least ten days but not more than
twenty-five days prior to the hearing, there shall be published a public notice of
reasonable size in display advertising form, setting forth the date, time, and place of the
hearing at least once in a newspaper of general circulation in the area where the property
is located. A news release pertaining to the heating shall be disseminated among printed
and electronic media in the area where the property is located. If real property is
involved, the public notice and news release shall identify the property using a
description which can easily be understood by the public. If the surplus is real property,
the public notice and news release shall also describe the proposed use of the lands
involved. If there is a failure to substantially comply with the procedures set forth in this
section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being
declared invalid by a court. Any such suit must be brought within one year from the date
of the disposal agreement.
RCW 8.26.010
Purposes and scope.
(1) The purposes of this chapter are:
(a) To establish a uniform policy for the fair and equitable treatment of persons
displaced as a direct result of public works programs of the state and local governments
in order that such persons shall not suffer disproportionate injuries as a result of programs
designed for the benefit of the public as a whole and to minimize the hardship of
displacement on such persons;
(b) To encourage and expedite the acquisition of real property for public works
programs by agreements with owners, to reduce litigation and relieve congestion in the
courts, to assure consistent treatment for owners affected by state and local programs, and
to promote public confidence in state and local land acquisition practices.
(2) Notwithstanding the provisions and limitations of this chapter requiring a local
public agency to comply with the provisions of this chapter, the governing body of any
local public agency may elect not to comply with the provisions of RCW 8.26.035
through 8.26.115 in connection with a program or p~oject not receiving federal financial
assistance. Any person who has the authority to acquire property by eminent domain
under state law may elect not to comply with RCW 8.26.180 through 8.26.200 in
connection with a program or project not receiving federal financial assistance.
(3) Any determination by the head of a state agency or local public agency
administering a program or project as to payments under this chapter is subject to review
pursuant to chapter 34.05 RCW; otherwise, no provision of this chapter may be construed
to give any person a cause of action in any court.
(4) Nothing in this chapter may be construed as creating in any condemnation
proceedings brought under the power of eminent domain, any element of value or of
damage not in existence immediately before March 16, 1988.
Chapter 2.78 6. Whether special c~usideration ought to be
given to some other public agency that has a use for the
REAL PROPERTY TRANSACTIONS parcel.
7. A recommendatk~n as to whether such
parcel should be retained or surplused.
Sections: 8. Whether the parcel should be sold by sealed
bid or through negotiation.
2.78.010 SURPLUS PROPERTY o
POLICY. The final report and recommendation, approved by
2.78.020 DECLARATION OF SURPLUS. the Mayor, shall be presented no later than September 1
2.78.030 SURPLUS PROPERTY - for comidemtien by the City Council. The Council shall
DISPOSITION. schedule a public hearing by publishing a notice not less
2.78.040 ACQUISITION OF PROPERTY - than 10 days or more than 25 days prior to the time set for
OFFER. hearing accompanied by a news release to printed and
2.78.050 POSSESSION AND USE. electronic medii~ The notice shall state for each pamel:
2.78.060 RELOCATION. 1. An easily understood description of
2.78.070 EXPENSES OF TRANSFER. property locations.
2.78.080 EFFECT ON VOLUNTARY 2. The date, time and place of the hearing.
SALES. 3. Whether special covenants or restriction are
proposed as a condition of sale.
2.78.010 SURPLUS PROPERTY - POLICY. 4. Whether the parcel is proposed to be sold
It is not in the public interest for property held by the by sealed bid or through negotiated sale. If a negotiated
City to remain off the tax rolls if it can be sold for a sale, the notice shall give the prospective purchasers and
reasonable value and it is not needed for some present or proposed use.
future municipal use. It is therefore the policy of the City
of Bremertun to dispose of all real property the City holds In addition to publication, the notice of heuring shall
by sale or lease when such property is declared to be be posted conspicuously upon the property and
surplus to its current or future needs and where such notification mailed to all property owners within 300 feet
disposition would be expected to afford the City a at least l 0 days prior to the public hearing
reasonable mturm (Ord. 4475 §2 (in prat), 1994) Following a public hearing, council shall determine
tho.se parcels to be declared surplus and disposed of based
on Council's further determination off
2.78.020 DECLARATION OF SURPLUS. 1. Whether special covenants or restriction
(a) Annual Review. should be imposed as a condition of sale.
AnnuaLly in July, the Administrative Serv/ces 2. Wbether tbe parcal should be sold by sealed
Director shall review all the City's current real estate bid, listing with a broker or negodated sule.
holdings to determine which parcels not actively used by 3. Findings outlined in BMC 13.12 for those
the city ur included as park lands under BMC 13.02.020, park pmpertias listed in that chapter.
ifany, shouldbe declared surplus to the Cit,fsneeds and 4. Whether purchase may be by real estate
what parcels, if any, currently designated as surplus should contract not to exceed ten equal payments and setting the
be redesignated. A preliminmy report shall be circulated interest rote.
to all department heads for comment and shall contain or Parks Board review required by BMC 13.12 shall
sulicitthe following informatian: supplement the procedures abe-ge for Parks properties
1. A description of the parcel, size, and its listed under BMC 13.12.020.
general location. Co) hi addition to the amuml surplus property review,
2. A description of the circumstances under the Mayor, a department head or the City Council may
which the parcel was obtained and to which fund the initiate the surplus review procedures of this section for a
proceeds fi.om the sale would be credited, particular property at any time by filing a request with the
3. A description of what municipal use such Clerk. (Ord. 4475 §2 (in part), 1994)
property has been put to in the past, if any, and what use it
might be held for.
4. A statement as to whether the parcel is only 2.78.030 SURPLUS PROPERTY -
useable by abutting owners or is of general marketability. DISPOSITION.
5. An estimate of its current market value and (a) Determination of Property Value.
a recommendation as to whether any special covenants or Where no current appraisal (conducted within the last
reslriction should be imposed in conjunction with its sale. six months of surplus declmmtien) is available, the Clerk
2.78-1
shall arrange, 1) a limited opinion of value for properties 3. Where more than one, the abutters are
estimated at less than $25,000; 2) short form appraisal agreed among themselves as to the division or allocation
report for properties valued as less than $100,000, but of the rights of ownership or have waived any preferential
greater than $25,000; or 3) full narrative appraisal report right of purchase offered by this policy.
for properties estimated in excess of $ 100,000 in value. (e) Other Negotiated Sales.
The Clerk shall only accept offers for purchase within 1. In the event City Council finds that a unique
10% of the appraised price as a minimum accepted price character or development potential of a particular parcel of
unless otherwiseprovidedbelow. City property is such that special considerations or
CO) Sealed Bid Process. conditions of sale to a particular purchaser, Including
All properties not approved for listing or negotiated another public entity, create benefits to the City and the
sale shall be subject to a sealed bid process. The greater co mmunitywhich outweigh monetary return to the
following notification procedure shall be utilized: City, the Council may declare such parcel surplus to the
1. A notice of the City's intent to dispose of the City's needs and direct a negotiated sale subject to final
property In question shall be conspicuously posted on the Council approval.
property no less than two weeks prior to the date set for 2. When a potential purchaser offers property
final bid submittals. Similar notice shall be posted at City ia exchange for City property which may enhance other
Hall. City property or promote the needs of the City, Council
2. Property subject to sale shaLl be advertised may declare the subject property surplus and direct a
in the real estate section of the Bremerton Son at least negotiated sale subject to final approval by Council.
once for four consecutive weeks preceding the final day 3. Transfers to other public entities may be at
fur submitting sealed bids.
less than current market value it'the Council, by resolution
3. Notice and ads shall include a description of approved by a majority plus one vote, approves the
the property, the procedure by which this property is transfer and declares the particular City Interests served
disposed of, deposits which must be made, the minimum thereby.
pric~ that will be accepted, and any condition of use or 4. Sales under this section shall be negotiated
development imposed by the Council. by the Adminiqrative Services DirecWr, City Attorney and
Any bid that is submitted of $I,000 or less must be department head most directly affected by the property
accompanied by a bid deposit in the form of a cashier's transaction, unless otherwise directed by the Mayor.
check payable to the City equal to 25% of the bid amoont. (f) Closing.
Where the bid amount exceeds $1,000, the bid deposit Subjectto Coancilmedificafion,
shall be 10% of the bid. It shall be the obligation of the 1. The City Attorney's Office shall prepare and
successful bidder to pay the full purchase price within 30 handle all closing documents in regard to property sales or
days from the date of the bid award, and failure to do so, exchanges, including necessary legal provisions to ensure
shall result in forfeiture of the bid deposit to the City as that the subject property is used or developed hi a manner
liquidated damages, consistent with special considerations or conditions
(c) Broker Listing. approved by Cooncil;
Where the Council finds as part of its surplus and 2. All conveyances shall be by statutory
disposition determination that the character or value of a w,axuat deed; and
pamel may require marketing efforts to realize the 3. All costs exclnsiveofdeedprepamfionshall
maximum price, and that these efforts can most be bome by the purchasers, including title inanrsuce if
economically be provided by a broker rather than City desired, recordation costs, brokerage and escrow fees if
staff; Cooncil may approve a listing agreement in lieu of applicable. (Ord. 4475 §2 (in part), 1994)
sealed bids; Provided, That any agreement shall include a
minimum value and minimum notice onder subsections
(a) and Co) above. 2.78.040 ACQUISITION OF PROPERTY -
(d) Sale to Abutting Owner. OFFER.
If the surplus property has value only to an abutting The department acquiring property for a budgeted
owner because of its s/ze, shape, topography or other purpose shall make a written offer to acquire the property
restrictions, the Clerk shall accept the mlnlm~ml for the full amount established by appraisal or by less
acceptable purchase price fi'om an abutter (or abutters); formal estimate of value for properties with a value below
Provided: $75,000. The offer shall summarize the basis for the
I. An abutter is the only one that can put the amount ofjust compensation, and benefits or damages to
property to its highest and best use in combination with remaining real property shall be separately stated. If an
the abutters property; oneconomic remnant would result from acquisition, the
2. The abutter is willing to purchase for the deparlment shall offer to acquire that remnant. An
minimum acceptable selling pdce; uneconomic remnant is a parcel with little or no utility or
2.78-2
value. The City Council shall approve each real estate particular parcel by condemnation. (Ord. 4475 §2 (ha
purchase agreement or delegate approval of agreements to part), 1994)
the Mayor for one or a number ofparcals to be acquired
for a common purpose setting a lim/t on total
compensation in advance. (Ord. 4475 §2 (in part), 1994)
2.78.050 POSSESSION AND USE.
(a) No Owner shall be required to surrender
possession of real property before the agreed purchase
price is paid, an amount not less than the City's appraisal
of the fair market value of the property is deposited with a
court having jurisdiction of condemnation of such
property for the immediate and unrestricted use of the
owner, or the amount of the award of compensation in the
condemnation proceeding is paid.
(b) As part of negotiations, the department may
admin/stratively extend an owner or tenant's oecupuncy by
a short term rental or for a per/od subject to termination on
short notice, depending on the needs of the deparmaent, for
an amount not exceeding the fair rental value of the
property to a short-term occupier. (Ord. 4475 §2 (in part),
1994)
2.78.060 RELOCATION.
The construction or development of a public
improvement shall be so scheduled that, to the greatest
extent practicable, no pemon lawfully occupying real
property shall be required to move from a dwelling or
business without at least ninety days written notice of the
date such move is required. The City hereby elects not to
apply the provisions of RCW 8.26.035 through 8.26.115
when acquiring property as part of a program or project
unless required by federal financial assistance. (Ord. 4475
~2 (in pm), 1994)
2.78.070 EXI~ENSES OF TRANSFER.
As soon as practicable after the a~*~ of payment of
the purchase price or the date of deposit in court of funds
to satisfy the award of compensation in a condemnation
proceeding to acquire real property, the deparlment shall
reimburse or pay the reaqonable expenses for:.
1. Recording fees, transfer taxes and similar
expenses.
2. Penalty costs for full or partial prepayment of
any reex/sfing recorded moxtgage.
3. The pro rata portion of real property taxes paid
wkich are allocable to a period subsequent to the date of
vesting title in the City. (Ord. 4475 §2 (ha part), 1994)
2.78.080 EFFECT ON VOLUNTARY SALES.
Sections .040 through .070 of this chapter shall not
apply to voluntary sales negotiated following an offer
from the City or the owner where the City has not
expressly stated in writing its intent to acquire the
2.78-3
12qDEX EFFECTIVE DATE: 07/13/94
Real Property/Assets APPROVED
1-20-03 REVISED DATE: Ordinance #~. ~. 75
POLICY It is the intent of the City to provide for fair and equitable treatment of persons and
owners affected by municipal programs of property sale and acquisition, and to
promote public confidence in its real property practices. It is in the public interest to
dispose of all real property by sale or lease when such property can be sold or leased
for a reasonable value and is not needed for some present or future municipal use.
PKOCEDURE 1. DECLARATION OF SURPLUS.
(a) Annual ~Review.
Annually in July, the Administrative Services Director shall review all the
City's current real estate holdings to determine which parcels not actively
used by the city or included as park lands under BMC 13.02.020, if any,
should be declared surplus to the City's needs and what parcels, if any,
currently designated as surplus should be redesignated. A preliminary report
shall be circulated to ail department heads for comment and shall comain or
solicit the following information:
(1) A description of the parcel, size, and its general location.
(2) A description of the circumstances under which the parcel was
obtained and to which fund the proceeds from the sale would be
credited.
(3) A description of what municipal use such property has been put to in
the past, if any, and what use it might be held for.
(4) A statement as to whether the parcel is only useable by abutting
owners or is of general marketability.
(5) An estimate of its current market value and a recommendation as to
whether any special covenants or restriction should be imposed in
conjunction with its sale.
(6) Whether special consideration ought to be given to some other public
agency that has a use for the parcel.
(7) A recommendation as to whether such parcel should be retained or
surplused.
(8) Whether the parcel should be sold by sealed bid or through
negotiation.
1
REALPROP.POL
The final report and recommendation, approved by the Mayor, shall be
presented no later than September 1 for consideration by the City Council.
The Council shall schedule a public hearing by publishing a notice not less
than 10 days or more than 25 days prior to the time set for hearing
accompanied by a news release to printed and electronic media. The notice
shall state for each parcel:
(1) An easily understood description of property locations.
(2) The date, time and place of the heating.
(3) Whether special covenants or restriction are proposed as a condition
of sale.
(4) Whether the parcel is proposed to be sold by sealed bid or through
negotiated sale. If a negotiated sale, the notice shall give the
prospective purchasers and proposed use.
In addition to publication, the notice of hearing shall be posted conspicuously
upon the property and notification mailed to all property owners within 300
feet at least 10 days prior to the public heating.
Following a public heating, Council shall determine those parcels to be
declared surplus and disposed of based on Council's further determination of:
(1) Whether special covenants or restriction shouid be imposed as a
condition of sale.
(2) whether the parcel should be sold by sealed bid, listing with a broker
or negotiated sale.
(3) Findings outlined in BMC 13.12 for those park properties listed in that
chapter.
(4) Whether purchase may be by real estate contract not to exceed ten
equal payments and setting the interest rate.
Parks Board review required by BMC 13.12 shall supplement the procedures
above for the Parks properties listed under BMC 13.12.020.
Co) In addition to the annual surplus property review, the Mayor, a
department head or the City Council may initiate the surplus review
procedures of this section for a particular property at any time by
filing a request with the Clerk.
2. SURPLUS PKOPERTY - DISPOSITION.
(a) Determination of Property Value.
where no current appraisal (conducted within the last six months of surplus
declaration) is available, the Clerk shall arrange, 1) a limited opirdon of value
2
REALPROP. POL
for properties estimated at less than $25,000; 2) short form appraisal report
for properties valued at less than $100,000, but greater than $25,000; or 3)
full narrative appraisal report for properties estimated in excess of $100,000
in value.
The Clerk shall only accept offers for purchase within 10% of the appraised
price as a minimum accepted price unless otherwise provided below.
(b) Sealed Bid Process.
All properties not approved for listing or negotiated sale shall be subject to a
sealed bid process. The following notification procedure shall be utilized:
(1) A notice of the City's intent to dispose of the property in question
shall be conspicuously posted on the property no less than two weeks
prior to the date set for final bid subm/ttals. Similar notice shall be
posted at City Hall.
(2) Property subject to sale shall be advertised in the real estate section of
the Bremerton Sun at least once for four consecutive weeks preceding
the final day for submitting sealed bids.
(3) Notice and ads shall include a description of the property, the
procedure by which tiffs property is disposed of, deposits which must
be made, the minimum price that will be accepted, and any condition
of use or development imposed by the Council.
Any bid that is submitted of $1,000 or less must be accompanied by a bid
deposit in the form ora cashier's check payable to the City equal to 25% of
the bid amount. Where the bid amount exceeds $1,000, the bid deposit shall
be 10% of the bid. It shall be the obligation of the successful bidder to pay
the full purchase price within 30 days from the date of the bid aware, and
failure to do so, shall result in forfeiture of the bid deposit to the City as
liquidated damages.
(c) Broker Listing.
Where the Council finds as part of its surplus and disposition determination
that the character or value of a parcel may require marke_ting efforts to realize
the maximum price, and that these effortg can most economically be provided
by a broker rath. er than City staff, Council may approve a listing agreement in
lieu of sealed bids; Provided, That any agreement shall include a rain/mum
value and minimum notice under subsections (a) and (b) above.
(d) Sale to Abutting Owner.
3
RZALPROP.POL
If the surplus property has value only to an abutting owner because of its size,
shape, topography or other restrictions, the Clerk shall accept the minimum
acceptable purchase price from an abutter (or abutters); Provided:
(1) An abutter is the only one that can put the property to its highest and
best use in combination with the abutter's property;
(2) The abutter is willing to purchase for the minimum acceptable selling
price;
(3) Where more than one, the abutters are agreed among themselves as
to the division or allocation of the rights of ownership or have waived
any preferential right of purchase offered by this policy.
(e) Other Negotiated Sales.
(1) In the event City Council finds that a unique character or development
potential of a particular parcel of City property is such that special
considerations or conditions of sale to a particular purchaser,
including another public entity, create benefits to the City and the
greater community which outweigh monetary return to the City, the
Council may declare such parcel surplus to the City's needs and direct
a negotiated sale subject to final Council approval.
(2) When a potential purchaser offers property in exchange for City
property which may enhance other City property or promote the needs
of the City, Council may declare the subject property surplus and
direct a negotiated sale subject to final approval by Council.
(3) Transfers to other public entities may be at less than current market
value if the Council, by resolution approved by a majority plus one
vote, approves the transfer and declares the particular City interests
served thereby.
(4) Sales under this section shall be negotiated by the Administrative
Services Director, City Attorney and department head most directly
affected by the property transaction, unless otherw/se directed by the
Mayor.
(f) Closing.
Subject to Council modification,
(1) The City Attorney's Office shall prepare and handle ail closing
documents in regard to property sales or exchanges, including
necessary legal provisions to ensure that the subject property is used
or developed in a manner consistent with special considerations or
conditions approved by Council;
(2) All conveyances shall be by statutory warrant deed; and
4
REAJ~PROP.POL
(3) All costs exclusive of deed preparation shall be borne by the
purchasers, including title insurance if desired, recordation costs,
brokerage and escrow fees if applicable.
3. ACQUISITION OF PROPERTY - OFFER. The department acquiring
property for a budgeted purpose shall make a written offer to acquire the
property for the full mount established by appraisal or by less formal estimate
of value for properties with a value below $75,000. The offer shall summarize
the basis for the amount of just compensation, and benefits or damages to
remaining real property shall be separately stated. If an uneconomic remnant
would result fi-om acquisition, the department shall offer to acquire that
remnant. An uneconomic remnant is a parcel with little or no utility or value.
The City Council shall approve each real estate purchase agreement or
delegate approval of agreements to the Mayor for one or a number of parcels
to be acquired for a common purpose setting a limit on total compensation in
advance.
4. POSSESSION AND USE.
(a) No Owner shall be required to surrender possession of real property
before the agreed purchase price is paid, an amount not less than the
City's appraisal of the fair market value of the property is deposited
with a court having jurisdiction of condemnation of such property for
the immediate a_nd unrestricted use of the owner, or the amount of the
award of condemnation proceeding is paid.
(b) As part of negotiations, the department may administratively extend
an owner or tenant's occupancy by a short term rental of for a period
subject to termination on short notice, depending on the needs of the
department, for an amount not exceeding the fair rental value.of the
property to a short4term occupier.
5. RI~I.OCATION'. The construction or development ora public improvement
shall be so scheduled that, to the greatest extent practicable, no person
lawfully occupying real property shall be required to move from a dwelling or
business without at least ninety days written notice of the date such move is
required. The City hereby elects not to apply the provisions of RCW 8.26.035
through 8.26.115 when acquiring property as part of a program or project
unless required by federal financial assistance.
6. EXPENSES OF TRANSFER. As soon as practicable after the date of
payment of the purchase price or the date of deposit in court of funds to
satisfy the award of compensation in a condemnation proceeding to acquire
real property, the department shall reimburse or pay the reasonable expenses
for:
5
P,~ALPROP.POL
(1) Recording fees, transfer taxes and sim/lax expenses.
(2) Penalty costs for full or partial prepayment of any preexisting recorded
mortgage.
(3) The pro rata portion of real property taxes paid wkich are allocable to
a period subsequent to the date of vesting title in the City.
7. EFFECT ON VOLUNTARY SALES. Sections .040 through .070 of this
chapter shall not apply to voluntary sales negotiated following an offer from
the City or the owner where the City has not expressly stated in writing its
intent to acquire the particular parcel by condemnation.
6
REALPROP.POL
7c
]3IDEX EFFECTIVE DATE: 06/07/94
Real Property/Assets APPROVED
1-20-04 REVISED DATE: i~f~) ~. 7~
POLICY The City of Bremerton owns numerous residential and commercial facilities and
properties. Those facilities and properties leased to outside parties are managed by
the Administrative Serx, ices Director and the Director of Public Works and Utilities.
PROCEDURE The Mayor shall have authority to enter into lease and rental agreements in an amount
not to exceed $10,000 per year and/or two years in length.
Non-profit agencies requesting to lease a facility at less than market rate and on a
month to month tenancy shall be approved administratively only for such period of
time that a market rate tenant is not available. At such time as a tenant becomes
available, the non-profit agency shall be given notice to vacate. Leases at less than
market rate for any length oftirne beyond a monthly tenancy shall be presented to the
City Council for approval.
An annual review of Bremerton market rates for similar commercial and residential
facilities shall be' conducted by the Administrative Services Director. In addition to
the annual review, the negotiation ora major lease agreement shall trigger a review.
I
RENTALS/LEASES.POL
DATE SUBMITTED: March26,2004 BILL# 0q' 0'70
AGENDA BILL
CITY OF BREMERTON 7 D
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: April 13, 2004
amending Ch. 2.13 BMC relating to filings COUNCIL MEETING Date: April 21 and 28, 2004
and appeal fees regarding proceedings before Department: City Attorney's Office
the Administrative Hearing Examiner Presenter: Roger A. Lubovich
Phone: 2345
SUMMARY: The current provisions of Ch. 2.13 BMC need to be clarified regarding the location for
filing applications and appeals to the Administrative Hearing Examiner and to further provide for a
refund of appeal filing fees when the appellant is the substantially prevailing party. The filing fee for
an appeal is $175. The proposed ordinance makes these changes to Chapter 2.13.
ATTACHMENTS: Proposed ordinance
FISCAL IMPACTS (Include Budgeted Amount): Administrative Hearing Examiner appeal fees in
the amount of $175 would be returned in each case where the appellant is the substantially prevailing
party of an appeal.
APPROVALS:
DEPARTMENT DIKECTOR: (~ ./~-'~ ~,~'~-----~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: ~ ~//~~ -____~_
" CONSENT AGENDA []
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
1. I move to approve the proposed ordinance on first reading
2. I move to pass Ordinance No. on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 2.13.090 of the
Bremerton Municipal Code relating to filing applications and
appeals to the Administrative Heating Examiner and further
amending Section 2.13.110 of the Bremerton Municipal Code
relating to the refund of Administrative Hearing Examiner appeal
filing fees when the appellant is the substantially prevailing party.
WHEREAS, the City Council desires to amend Section 2.13.090 of the Bremerton
Municipal Code relating to filing applications and appeals to the Administrative Hearing
Examiner to clarify the location of filing said applications;
WHEREAS, the current provisions of Section 2.13.110 of the Bremerton
Municipal Code relating to decisions and recommendations of the Administrative Hearing
Examiner do not address refund of the appeal filing fees in the event the appellant is the
substantially prevailing party; and
WHEREAS, the City Council desires to update the provisions of Section 2.13.100
in order to provide for a refund of appeal filing fees when the appellant is the substantially
prevailing party; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.13.090 of the Bremerton Municipal Code entitled "Filing
of Applications and Appeals" relating to proceedings before the Administrative Hearing
Examiner is hereby amended to read as follows:
2.13.090 FILING OF APPLICATIONS AND APPEALS.
· ua ^,4~:.:~,.~;..~ H ari gE .... Appl' '
the Administrative Hearing Examiner for a decision, recommendation or an appeal shall be filed
with the Department of Community Development ^, ..... ~o ;.~...~; ....... ~. ~c~_a ....
be c.,~a .,,a~, ,u~ City Cleric. Applications far ~ a~:,: .......... a~+; ........... ~ shall be
filed with the applicable filing fee as set forth in Chapter 3.01 BMC. When it is found an
application or appeal meets the filing requirements of the effected City Codes, role or regulation,
the application shall be accepted. The Administrative Heating Examiner shall be responsible for
assigning a date for the public hearing for each application or appeal. Hearings on project permit
Administrative Hearing Examiner
applications are subject to the notice and hearing requirements set forth in the Bremerton
Municipal Code.
SECTION 2. Section 2.13.110 of the Bremerton Municipal Code entitled
"Decisions and Recommendation" relating to proceedings before the Administrative Hearing
Examiner is hereby amended to read as follows:
2.13.110 DECISIONS AND RECOMMENDATION.
(1) The Administrative Hearing Examiner's reconunendation or decision may be to
grant or deny the application, or the Administrative Hearing Examiner may recommend or
require of the applicant such conditions, modifications and restrictions as the Administrative
Hearing Examiner finds necessary to make the application compatible with its environment, with
applicable state laws, and to carry our the objectives and goals of the comprehensive plan, the
zoning code, the subdivision code, and other codes and ordinances of the city. Conditions,
modifications and restrictions which may be imposed are, but are not limited to, additional
setbacks, screenings in the form of landscaping and fencing, covenants, easements and
dedications of additional road rights-of-way. Performance bonds or other financial assurances
may be required to insure compliance with conditions, modifications and restriction.
(2) In regard to all Type IV applications set forth in Chapter 21.02.855 BMC,
Administrative Hearing Examiner's findings and conclusions and recommendation shall be
submitted to the city council, which shall have the final authority to act on such applications.
The hearing by the Administrative Hearing Examiner shall constitute an open record pre-
decision hearing before the final decision is made by the city council. The Administrative
Hearing Examiner shall file its recommendation with the city council at the expiration offue
period provided for reconsideration, or if reconsideration is accepted, within ten (10) working
days after the decision on reconsideration.
(3) When the Administrative Hearing Examiner renders a decision or
recommendation, the Administrative Heating Examiner shall make and enter written findings
from the record and conclusions therefrom which support such decision. The decision shall be
rendered within ten (10) working days following conclusion of all testimony and hearings, unless
a longer period is mutually agreed to on the record by the applicant and the Administrative
Hearing Examiner. The copy of such decision, including findings and conclusions, shall be
transmitted by first class mail, to the applicant and other parties of record in the case requesting
the same.
(4) In the case of Shoreline Substantial Development permits, pursuant to BMC
21.02.860(d)(4), appeals shall be decided within thirty (30) calendar days of filing of the appeal.
(5) The filin~ fee as set forth in Chapter 3.01 BMC paid by the appellant for any
appeal to the Administrative Hearing Examiner shall be refunded to the appellant if the appellant
is the substantially prevailing party.
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.
Administrative Hearing Examiner
SECTION 4. 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 ,2004
PASSED by the City Council the day of _, 2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDINANCE NO.
R:~LEGAL\Ordinances\Hearing Examiner~Appeal Fees.doc
3
--v~ Administrative Hearing Examin er
/
DATE SUBMITTED: March 26, 2004 BILL # 0~ - O
AGENDA BILL
CITY OF BREMERTON 7 ~
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: April ,!,3', 2004
amending Ch. 3.86 and Ch. 3.50 BMC COUNCIL MEETING Date: April 21 and 28, 2004
relating to utility taxes Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 2345
SUMMARY: The current provisions of Ch. 3.86 BMC relating to apportionment of taxes of multiple
taxing jurisdictions are vague. Additionally, the current definition of "gross income" in Ch. 3.50
BMC is not consistent with the Washington Administrative Code definition and that chapter needs
further clarification as to when the tax imposed is due. The proposed ordinance clarifies the
provisions of Ch. 3.86 relating to apportionment of taxes and further updates Ch. 3.50 to update the
definition of "gross income" and clarify when the tax is due.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ~
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: 4/13/04 & 4/20/04
CONSENT AGENDA []
OPERATIONS: 4/13/o4 & 4/20/04
COUNCIL PRESDENT: ~_~3.~t4t..~
RECOMMENDED MOTION:
1. I move to approve the proposed ordinance on first reading.
2. I move to pass Ordinance No. on second reading.
COUNCIL ACTION: [] Approve [] Deny [] Table -]O [] Continue [] No Action
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 3.86 of the Bremerton
Municipal Code entitled "Administrative Provisions for Taxes" to
clarify provisions relating to apportionment of taxes and Chapter
3.50 of the Bremerton Municipal Code entitled "Utility Taxes" to
amend the definition of gross income relating to utility taxes and to
add a provision to clarify when the tax is due.
WHEREAS, the current provisions of Chapter 3.86 of the Bremerton Municipal
Code relating to apportionment of taxes of multiple taxing jurisdictions are vague as to ho~v
taxes are to be apportioned; and
WHEREAS, the current definition of "gross income" contained in Chapter 3.50 of
the Bremerton Municipal Code relating to utility taxes is not consistent with the definition of
"gross income" as set forth in the Washington Administrative Code for utility taxes; and
WHEREAS, the current provisions of Chapter 3.50 of the Bremerton Municipal
Code needs to be clarified as to when the tax imposed in that chapter is due; and
WHEREAS, the City Council desires to update the provisions of Chapter 3.86
relating to apportionment of taxes and to further update the provisions of Chapter 3.50 relating to
the definition of"gross income" and when the tax imposed pursuant to Chapter 3.50 is due
relating to utility taxes; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.86.170 of the Bremerton Municipal Code entitled
"Ancillary Allocation Authority of Director" relating to administrative provisions for taxes is
hereby amended to read as follows:
3.86.170 ANCILLARY ALLOCATION AUTHORITY OF DIRECTOR.
The Director is authorized to enter into agreements with other Washington cities which
impose an "eligible gross receipts tax":
(1) To conduct an audit or joint audit of a taxpayer by using an auditor
employed by the City of Bremerton, another city, or a contract auditor, provided, that such
contract auditor's pay is not in any way based upon the amount of tax assessed;
(2) To allocate or apportion the gross proceeds of sales, gross receipts, or
gross income of the business, or taxes due from any person that is required to pay an eligible
gross receipts tax to more than one Washington city in a manner that fairly reflects gross receipts
earned from activities conducted within the respective cities.
1
-77 Utility Taxes
(3) To apply the City's tax prospectively where a taxpayer has no office or
place of business within the City and has paid tax on all gross income to another Washington city
where the taxpayer is located; provided that the other city maintains an eligible gross receipts
tax, and the income was not derived from contracts with the City.
SECTION2. Chapter 3.50 of the Bremerton Municipal Code entitled "Utility
Taxes" is hereby amended to read as follows:
Chapter 3.50
UTILITY TAXES
3.50.010 EXERCISE OF REVENUE LICENSE POWER.
The provisions of this chapter shall be deemed an exercise of the power of the City to
license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or
administrative role changes or judicial interpretations of the ordinances or rules. The
responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and
remain in compliance with the City code.
3.50.020 BUSINESS LICENSE - REQUIRED.
It is unlawful for any person to engage in business in the City without having first
obtained a business license pursuant to Chapter 5.02 BMC.
3.50.030 ADMINISTRATIVE PROVISIONS.
The provisions contained in chapter 3.86 BMC shall be fully applicable to the provisions
of this chapter except as expressly stated to the contrary herein.
3.50.040 DEFINITIONS.
For the purposes of this chapter, the definitions contained in chapter 3.48 BMC shall
apply equally to the provisions of this chapter as applicable unless the term is defined otherwise
in this chapter. In addition, the following definitions will apply:
"Cellular telephone service" is a voice or data telephone/telecommunications system
based in whole or substantial part on wireless radio communications, whether or not the
commtmications are subject to regulation by the Washington Utilities and Transportation
Commission (WUTC). This includes cellular mobile service. Cellular mobile service includes
other wireless radio communications services such as specialized mobile radio (SMR), personal
communications services (PCS), and any other evolving wireless radio communications
technology which accomplishes the same purpose as cellular mobile service.
"Competitive telephone service" means the providing by any person of telephone
telecommunications equipment or apparatus, or service related to that equipment or apparatus
such as a repair and maintenance service, if the equipment or apparatus is of a type which can be
provided by persons who are not subject to regulation as telephone companies under Title 80
RCW, and for which a separate charge is made.
Gross income ................ v ......... ~ '
2
7~' Utility Taxes
means the value proceedin~ or accruing by reason of the business activity engaged in and
operations incidental thereto, and includes gross proceeds of sales, compensation for the
rendition of services and other emoluments, but without any deduction on account of the cost of
the commodity furnished or sold, the cost of materials used, labor costs, interest, discount.
delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction
on account of losses.
"Gross income from timber sales" means "stumpage value of timber" as defined in
Chapter 84.33 RCW minus the costs of production including, but not limited to logging and
trucking costs, fees and excise taxes.
"Page service" means service provided by means of an electronic device that has the
ability to send or receive voice or digital messages transmitted through the local telephone
network, via satellite or any other form of voice or data transmission.
"Reporting period" means a one-month period beginning the first day of each calendar
month (monthly).
"Solid waste collection service" means receiving solid waste from any facility or location
within the City for transfer, processing, treatment, storage, or disposal, including, but not limited
to, all collection services, public or private dumps or landfills, transfer stations, and other similar
operations.
"Solid waste," for purposes of this subsection, means garbage, trash, rubbish, or other
material discarded as worthless or not economically viable for further use, infectious, hazardous,
or toxic wastes, and recyclable or reusable materials collected, in whole or part, for recycling or
salvage.
"Telephone business" means the providing by any person of access to a local telephone
network, local telephone network switching service, toll service, cellular or mobile telephone
service, coin telephone services, page service, or the providing of telephonic, video, data, or
similar communication, or transmission for hire, via a local telephone network, toll line or
channel, cable, microwave, or similar communication or transmission system. The term includes
cooperative or farmer line telephone companies or associations operating exchanges. The term
also includes the provision of transmission to and fi:om the site of an internet provider via a local
telephone network, toll line or channel, cable, microwave, or similar communication or
transmission system. "Telephone business" does not include the providing of competitive
telephone service, or providing of cable television service, or other providing of broadcast
services by radio or television stations.
3.50.050 PERSONS SUBJECT TO TAX - AMOUNT.
In addition to other taxes or fees that may be imposed or levied by the City, there is
hereby levied upon all persons (including the City) engaging in business within the City, a fee or
tax to be collected as follows:
Utility Taxes
(a) Gas. Upon every person engaging in the business of transmitting, distributing or
the selling of manufactured or natural gas, a fee or tax equal to six (6) pement of the total gross
income from such business conducted within the City.
(b) Water. Upon every person engaging in the business of providing water utility
service, a fee or tax equal to seven (7) percent of the total gross income from such business
conducted within the City. The total gross income from the business of providing water utility
service includes the "gross income from timber sales" of the utility as that term is defined in this
chapter.
(c) Wastewater. Upon every person engaging in the business of providing wastewater
utility service, a fee or tax equal to seven (7) percent of the total gross income from such
business conducted within the City.
(d) Stormwater. Upon every person engaging in the business of providing stormwater
utility service, a fee or tax equal to seven (7) percent of the total gross income from such
business conducted within the City.
(e) Cable. Upon every person engaging in the business of transmitting television
signals by means of a cable distribution system commonly known as television cable service, a
fee or tax equal to seven (7) percent of the total gross income from such business conducted
within the City.
(f) Solid waste. Upon every person engaging in the business of providing solid waste
collection service, a fee or tax equal eleven (11) percent of the total gross income from such
business conducted within the City.
(g) Electricity. Upon every person engaging in the business of producing,
transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total
gross income from such business conducted within the City.
(h) Telephone. Upon every person engaged in carrying on a telephone business for
hire or for sale of a commodity or a service within or partly within the corporate limits of the
City, a tax for the privilege of so doing business a tax equal to six percent (6%) of the total gross
income rendered within the City.
(1) "Deductions" In computing the telephone tax, there shall be deducted from
the gross operating revenues the following items:
(i) Amounts derived from transactions in interstate or foreign
commerce or from any business which the City is prohibited fi-om taxing under the Constitutions
of the United States or the State of Washington.
(ii) Amounts derived from that portion of network telephone service,
as defined in RCW 82.04.065, which represents charges to another telecommunications
company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access
charges relating to intrastate toll telephone services, or for access to, or charges for, interstate
services or charges for network telephone service that is purchased for the purpose of resale.
(iii) Adjustments made to a billing or to a customer account or to a
telecommunications company accrual account in order to reverse a billing or charge that had
been made as a result of third-party fraud or other crime and was not properly a debt of a
customer.
(iv) A complete deduction from gross income shall be allowed for
credit losses, only to cellular telephone service companies which keep their regular books of
Utility Taxes
account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer
as a result of telephone service business.
(2) Allocation of Income - Cellular Telephone Service.
(i) Service address: Payments by a customer for the telephone service
from telephones without a fixed location shall be allocated among taxing jurisdictions to the
location of the customer's principal service address during the period for which the tax applies.
(ii) Roaming phones: When the service is provided while a subscriber
is roaming outside the subscriber's normal cellular network area, the gross income shall be
assigned consistent with the taxpayer's accounting system to the location of the originating cell
site of the call, or to the location of the main cellular switching office that switched the call.
3.50.060 DEDUCTIONS.
(a) There may be deducted from the total gross income, upon which the license fee or
tax is computed, revenues derived from business which the City is prohibited from taxing under
the constitution or taws of the state of Washington or the United States or the Charter of the City.
(b) There may be deducted from the total gross income, upon which the license fee or
tax is computed, the amount of state excise taxes, pursuant to RCW 82.18, imposed directly upon
persons using the service of a solid waste collection business and collected for payment to the
state by the solid waste collection business.
(c) There may be deducted from the total gross income, upon which the license fee or
tax is imposed under Section 3.50.050, revenues derived from providing the service of collecting
recyclable materials, as follows:
(1) commercial recycling: revenues derived from the service of collecting
commemial recyclable materials. This exemption is limited to materials actually resold and
computed in proportion to weight, as follows:
(i) any weight added by processing or treatment after collection is
subtracted from the weight as sold to obtain the allowable weight as sold; and
(ii) revenues are multiplied by a fraction, the numerator of which is the
allowable weight as sold and the denominator of which is the weight as collected.
(2) This deduction does not apply to any energy recovery or fuel-use process,
nor in any case where materials collected have not been sold for commercial reuse within 100
days from the date of collection. This period may be extended when a taxpayer shows to the
Department's satisfaction that market conditions necessitate a longer period for sale.
3.50.070 TAX - WHEN DUE.
The tax imposed by this Chapter shall be due and payable in monthly installments.
3.50.07~080 RULES AND REGULATIONS.
The Director may establish administrative rules and regulations as deemed appropriate,
consistent with this chapter for the purpose of enforcing and carrying out its provisions.
3.50.0,,°~090 SEVERABILITY.
If any provision or section of this chapter shall be held void or unconstitutional, all other
parts, provisions, and sections of this chapter not expressly so held to be void or unconstitutional
shall continue in full force and effect.
Utility Taxes
SECTION 3. 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.
SECTION4. 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 ., 2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDiNANCE NO.
R:\LEGAL\Ordinances~Administration\Utility Taxes Amend.doc
6
~-~ Utility Taxes
DATE SUBMITTED: March 24, 2004 BILL # AGENDA BILL
CITY OF BREMERTON 7
CITY COUNCIL
· ......................................... .............
SUBJECT: Resolution approving City of Committee Meeting Date:
Bremerton Policy No. 2-I0-02, Loss of COUNCEL MEETING Date: April 21,2004
Public Funds or Assets Department: Audit Committee
Presenter: Mike Short
Phone: × ~'o2 ~6-'v
SUMMARY: The City of Bremerton Audit Committee has amended City Policy No. 2-10-02, Loss
of Public Funds in order to update the procedures for reporting and investigating loss, suspected loss
or misappropriation of public funds or assets. The proposed resolution approves the policy.
ATTACHMENTS: Proposed resolution
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS: ,
DEPARTMENT DIRECTOR~
CITY ATTORNEY: ~ ~ ~ -
MAYOR:
OPERATIONS: 0 ~ ,~,~l,am,. AGENDA []
counciL PR Sn ENT:
RECOMMENDED MOTION:
1. I move to pass Resolution No. ~,~ ~/~ approving the amendment of City Policy 2-10-02
relating to loss of public funds or assets.
COUNCIL ACTION: [] Approve [] Deny [] Table ~.'~ [] Continue [] No Action
RESOLUTION NO. ~,q~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving City of Bremerton Policy No.
2-10-02, Loss of Public Funds or Assets.
WHEREAS, City of Bremerton Policy No. 2-10-02, entitled "Loss of Public
Funds or Assets" approved by the City of Bremerton Audit Committee and made effective April
4, 1994, is attached hereto as Exhibit A; and
WHEREAS, the City of Bremerton Audit Committee has amended City Policy
No. 2-10-02, Loss of Public Funds or Assets Policy as set forth in Exhibit B attached hereto in
order to update the procedures for reporting and investigating loss, suspected loss or
misappropriation of public funds or assets; and
WHEREAS, the Audit Committee has recommended that the City Coancil
approve City of Bremerton Policy No. 2~10-02 as amended; NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTIONL The City Council hereby approves City of Bremerton Policy No. 2-
10-02 entitled "Loss of Public Funds or Assets" attached hereto as Exhibit B and incorporated
herein by this reference.
SECTION2.. 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.
SECTION 3. 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 ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk
R:\LEGAL~Resolutions\Loss of Public Funds Policy.doc
Loss of Public Funds or Assets Policy
INDEX EFFECTIVE DATE: 04/04/94
Audit APPROVED
2-10-02 REVISED DATE: Audit Committee
PURPOSE This policy and procedure is to be followed in investigating and reporting the low or
suspected loss or misappropriation of public funds or assets.
DEFINITION Public Funds or assets are defined as items that are entrusted to an employee which
would include cash, supplies, property, etc.
PROCEDURE Any employee who suspects the loss of public funds or assets .may file a complaint
with the employee's department head and the Mayor, in accordance with Section
2.96.070 (a) of the City's Ethic Ordinance 4316.
Should an employee desire to remain anonymous, the employee may contact either
the City Police Department or the City Internal Auditor. Once contact has been made
with either or these two departments, the Police Chief or Internal Auditor will
immediately contact the Mayor for direction.
Upon receipt of a report on the suspected loss of public funds or assets, the Mayor
shall inform the Department Head and the City Attorney.
The Mayor, Department Head or City Attorney may cause a preliminary investigation
to be performed by individuals appropriate to the circumstances to ascertain the facts
regarding the allegation.
The Mayor shall contact the Audit Committee chairperson whenever there is a need
to have the Internal Auditor conduct a review of any City records that may confirm
the alleged loss of public funds or assets.
REPORTING The Audit Committee shall cause the Internal Auditor to inform the State Auditor's
Office &all suspected losses in compliance with State Auditor's Collection 007.
1
EXHIBITA ~9
An employee who has reported a possible loss of public funds and who does not
receive a response regarding the investigation and/or actions taken by the Department
Head, shall inform the City Attorney of the lack of such response.
RESOURCES · City of Bremerton Ethics Ordinance 4316 (Available in the Bremerton
Municipal Code and Human Resources Office)
State Auditor's Bulletin 007 (available from Audit Committee)
· RCW 43.09.260 (available from City Attorney)
Public Entity Employee Misappropriation/Investigations Checklist (available
from City Attorney)
2
CITY OF BREMERTON LOSS OF pUBLIC FUNDS
GENERAL ADMINISTRATION OR ASSETS :
INDEX EFFECTIVE DATE: 4/09/1994 APPROVED
Audit City Council
2-10-02 REVISED DATE: April ,2004 Resolution
PURPOSE To provide a procedure for city employees or officials to report the loss,
suspected loss or misappropriation of public funds or assets.
DEFINITION Public funds are defined as any cash on hand, cash or investments in any
bank or investment account, or any petty cash funds of the City.
Public assets are defined to include office furniture, fixtures and
equipment, vehicles, computers, supplies, material inventory, or any other
tangible property purchased or acquired by the city, or in the care of the
city, whether inventoried or not.
PROCEDURE Any employee or official who suspects the loss of any public funds or
assets or the misappropriation of public funds or assets, shall report such to
one or more of the following:
Department Head
Mayor
Police Department
City Auditor
· A Department Head receiving a report of loss will advise the City
Auditor who will then assist the Department Head in making a
preliminary inquiry of the nature and extent of the reported loss.
· The Mayor, upon receiving a report of loss, will advise the City
Auditor.
· The Police Department, upon receiving a report of loss, shall advise
the City Auditor in addition to conducting whatever investigation
they may do.
· The City Auditor, upon receipt of a report of loss, will conduct a
preliminary inquiry to determine if there is a loss.
Upon finding a reasonable basis for a suspected loss, and meeting the
threshold criteria established by the State Auditor's Office, the City
Auditor will notify the Mayor, Risk Manager and the Audit Committee. In
accordance with Section 43.09.185 RCW the City Auditor will promptly
notify the State Auditor's Office.
EXHIBIT B