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HomeMy WebLinkAbout06/16/99 AGENDACITY COUNCIL AGENDA JUNE 16, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~c, ~e.. A. Minutes of Meeting - June 2, 1999 #AB99-104 B. Minutes of Meeting - June 9, 1999 #AB99-105 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Services Agreement with Larson Anthropological Archeological Services Limited #AB99-106 ti' (CONTINUED ON BA CK...) 10. ORDINANCES A. Ordinance (First Reading) Revising Code of Ethics B. Ordinance (First Reading) Amending Chapter 2.62 - "Hearing Examiner" of the Bremerton Municipal Code C. Ordinance (First Reading) Requiring Applicants to Pay Cost for any Newspaper Notices #AB99-107 #AB99-108 #AB99-109 11. PUBLIC HEARINGS 6:00 P,M. OR LATER A. Resolution No. 2709, Regarding Recovery of Fees for the Abatement of Garbage, Debris, and an Unsafe Structure at 615 11th Street #AB99-110 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. $_U_~: FOR AGENDA OF: JU~E 16, 1999 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: DATE SUBMITTED: MINUTES OF MEETING -- JUNE 2, 1999 MIKE SHEPHERD~ PRESIDE~ JUNE 8, 1~99 2. ~: (comment on back 3. ~[idJ~: if necessary) ENDORSEI~ENT__ INFORMATION APPROVED BY COUNCIL PRES~/~SUDMiTT~.: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMi~ENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED DATE: DISAPPROVED~ED 11. AGENDA BILL NO: TAPE #1621 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 2, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 2, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Carlos Montgomery, Carol Arends, Lon Overson, John Law, Cecil McConnell, and Wayne OIsen. Council members Jim Reed and David Farr were absent. Also present were Assistant City Attorney Knute Rife, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Council member Carol Arends. President She_oherd made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business; followed with a discussion on the "CDBG/HOME Policy Plan"; (2) City Council held a 5-minute Executive Session prior to the meeting tonight to discuss "Employee Performance Review"; and (3) City Council will hold a Study Session on Monday, June 7, 1999, 4:00 - 5:30 P.M., in the Council Conference room to discuss 1) Construction Project Updates; 2) Bremerton Transportation Center - City Assistance on Construction; and 3) Council Study Sessions and Meeting Scheduling. CONSENT AGENDA A. Minutes of Meeting - May 19, 1999 #AB99-098 #0010 M/S/C/U (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0040 M/S/C/U (Montgomery/Arends) On June 2, 1999, the Council does approve for payment those vouchers included and further described as follows: 230999, 231018, 231021, and 231025 through 231243 in the amount of $330,203.32. COUNCIL MEMBER REPORTS Mr. Montgomery_ attended three different Memorial Day services on Monday, which he stated were well done and well attended. Mrs. Arends attended the Memorial Day service at Ivy Green Cemetery, and was very impressed with the ceremony. She commended the Bremerton Middle School band for their fine performance. In conclusion, she announced the next regular Bremerton School Board meeting would be held tomorrow night in the Bremerton School Administration Building on Marion Avenue at 5:30 P.M., with a reception honoring Shin Scholars and all retirees at 5:00. TAPE #1621 City Council Reg. Mtg. Minutes June 2, 1999 Page 2 of 4 Mr. Overson also attended several Memorial Day services. Including a ceremony on the Turner Joy, which he particularly enjoyed. He also announced a District 4 Neighborhood meeting to be held Thursday, June 24, 1999 at 7:00 P.M. in the Washington Mutual Building at 5th & Pacific. Mayor Horton will discuss "Economic Development" and Fire Chief Al Duke will discuss "Emergency Preparedness", and refreshments will be served. Mr. Law announced the next District 3 meeting will be held Tuesday, June 15, 1999 at 7:00 P.M. at the Senior Center at 13th & Nipsic. Fire Chief Al Duke will be available to discuss "Emergency Preparedness for Home & Family" and Y2K issues related to the home. President She_oherd gave a report on the District 5 meeting held last night with the Interim Police Chief Rob Forbes, Jodi Wroblewski from the Parks Department, and the Mayor in attendance. He too, attended the Memorial Service at Ivy Green Cemetery, and commended Captain J.A. Holden on her speech, which he felt was very moving, and also thanked Mayor Horton for the Proclamation she read and presented. MAYOR'S REPORT Mayor Horton reported on information received from Jeff Hosea, from the Bremerton Ferry Riders Coalition, regarding a number of alternatives being suggested for the process going on in Seattle in conjunction with the Coleman Dock for the passenger service loading area and holding area for ferry traffic in general. She stated that the City of Bremerton needs to be involved in the process, and urged the Council to discuss this issue with their constituents to gain any information. She stated she would keep Council apprised as well. Mr. Montgomery announced a Bremerton Ferry Advisory Committee meeting will be held in the Council Conference room Thursday, June 3, 1999 at 6:30 P.M. to discuss this very topic. Mayor Horton commended all volunteers who organized the Memorial Day service. Mayor Horton read a Proclamation proclaiming June 6-12, 1999 as "Management WeeN', which was accepted by Mr. Steve McNally, representing the Lockheed Martin- Bangor Chapter of the National Management Association. LEGISLATIVE REPORT · In response to Susan Brown, who asked when the Ethics Code updates would be brought back to City Council, it was reported the item would be on the City Council agenda for the meeting of June 16, 1999; and · A letter from Pat Westhoff with the City's Parks Department was read in response to Ron Olsen's concern that the PSNS employee discount did not continue once a golfer qualified for the senior citizen discount at Gold Mountain Golf Course. PUBLIC RECOGNITION Richard B. Chrisinger announced a special 55th Anniversary D-Day Remembrance Ceremony near the Sun Dial at Commencement Park in Tacoma on Sunday, June 6, 1999 at 1:00 P.M.; and the Flag Day Ceremony will be Monday, June 14, 1999, 12:00 noon at N.A.D. Park on Kitsap Way. He also stated that he appreciated the ceremony at Ivy Green Cemetery on Memorial Day, and questioned the absence of coverage from The Sun at these events. TAPE #1621 '~ City Council Reg. Mtg. Minutes June 2, 1999 Page 3 of 4 Susan Brown referred to a statement from the Seattle Code of Ethics which she passed out at the May 26, 1999 City Council meeting. She believes if it is included in the update of the Bremerton Code of Ethics, it would solve her concerns over Bremerton's existing standards. 9A - BREMERTON - KITSAP COUNTY DUI TASK FORCE PROJECT AGREEMENT, #AB99- 099 Lynn Drake, Manager of the Bremerton Police Department Community Resource Division, reported that by accepting continuation of the project agreement from the WTSC, The Bremerton-Kitsap County DUI Task Force would continue in its present capacity. This program provides additional support to the City by means of Law Enforcement, revenue, and education. There were no comments from the public. #0920 M/S/C/U (Montgomery/Law) Motion to approve request and signature of Mayor. 9B - FUNDING FOR YWCA DOMESTIC VIOLENCE "ALIVE" PROGRAM, #AB99-100 Request to continue the program and pass through funding to the YWCA, and support the Domestic Violence Alive Program. This is an ongoing project supported with funds passed through the Community Trade and Economic Development block grant. Lynn Drake introduced Linda Joyce, YWCA Executive Director, who gave a brief report on the program, which has been in existence in Bremerton for 20 years. She also announced the YWCA recently moved into their new location at 905 Pacific Avenue. In conclusion, each thanked the City Council and the City of Bremerton for their continued support. There were no comments from the pubfic. Mr. Overson reported on a group of posters displayed at the old J.C. Penney building for anyone interested in the history of the YWCA. Mr. Olsen excused himself from voting on this item due to his wife being on the YWCA Board of Directors. #1000 M/S/C/U (Montgomery/McConnell) Motion to approve request and signature of Mayor. 9C - MOTION TO AMEND THE LODGING TAX ADVISORY COMMITTEE MEMBERSHIP, #AB99-101 Resolution No. 2666, Section (1) states "... The City Council will review the membership on an annual basis and make changes as appropriate." The City Council has reviewed the membership of the Lodging Tax Advisory Committee, and has made the following changes. Mr. Mike Shepherd will replace Ms. Carol Arends as the Elected Official, and Ms. Felicia Thompson of Howard Johnson's will replace Ms. Rowena Jongeward of Midway Inn as a Business Representative. It is recommended that the City Council appoint Mr. Shepherd and Ms. Thompson to the Lodging Tax Advisory Committee by Motion. TAPE #1621 City Council Reg. Mtg. Minutes June 2, 1999 Page 4 of 4 There were no comments from the public. Mrs. Arends clarified that she has not served as Chairman on this Committee since the first of the year, and this was just making the appointment of Mr. Shepherd as the new Chairman "official". She also thanked Rowena Jongeward for her two years of service on the Committee. #1220 M/S/C/U (Overson/Montgomery) Motion to approve appointment of Mr. Mike Shepherd and Ms. Felicia Thompson. 10A - ORDINANCE NO. 4652 (SECOND READING) REGARDING PROSECUTION FOR VIOLATIONS AND REPLACING BMC CHAPTER 1.12, #AB99-84 An Ordinance repealing and replacing the Prosecution for Violations. This ordinance has clarified the expectations and penalties therein for violations of the Bremerton Municipal Code. Chapter 1.12 will be repealed in its entirety if the Bremerton City Council adopts the attached Ordinance as its replacement. There were no comments from the public. #1260 M/S/C/U (McConnell/Montgomery) Motion to pass Ordinance No. 4652 on second reading. With no further business meeting adjourned at 6:15 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File AGE/fDA BILL BREF~ERTON CITY COUlqC!L !. $_U~: FOR AGENDA OF: JUNE 16:1999 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: DATE SUBMITTED: MINUTES OF MEETING -- JUNE 9, 1999 MIKE SHEPHERD~ PRESIDEh JUNE lO, 1999 2. ~: (comment on back 3. ~: if necessary) ENDORSE~T IN~O~T~:ON__ A~ROVED BY COUNCIl, ~SIDE~T MAYOR /_/. ,.. 4. $~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: I1. AGENDA BILL NO: D D TAPE #1622 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 9, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"' Street, Bremerton, Washington, Wednesday, June 9, 1999, at 5:30 P.M., with Council Vice-President Carol Arends presiding. Council members present were Carlos Montgomery, David Farr, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Council President Mike Shepherd and City Council member Jim Reed were absent. Also present were City Attorney Glenna Malanca; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Vice-President Arends and invocation given by Pastor Roger Hennigan, of Apostolic Life Tabernacle. Vice-President Arends made the following announcements: (1) City Council held a Study Session prior to the meeting to discuss general Council business; and (2) Item 9(A) under "New Business", "lnterlocal Agreement with King County Department of Natural Resources for CSO Water Quality Monitoring" has been pulled from the Agenda tonight. CONSENT AGENDA A. Minutes of Meeting - May 26, 1999 #AB99-102 #0010 M/S/C/U (McConnell/Montgomery) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0035 M/S/C/U (Montgomery/Farr) On June 9, 1999, the Council does approve for payment those vouchers included and further described as follows: 231244 through 231250, and 231280 through 231517 in the amount of $2,395,154.47; and Regular Payroll in the amount of $1,008,595.58 for the pay period ending May 31, 1999. COUNCIL MEMBER REPORTS Mr. McConnell reported seeing very heavy traffic on highway 16 heading across the Narrows Bridge while on his way to an event in Tacoma last evening, and recognized that something needs to be done to alleviate the traffic in that corridor. Mr; Law announced that Fire Chief Al Duke will be the guest speaker at the next District #3 meeting to be held Tuesday, June 15, 1999, at the Senior Center at East 13th & Nipsic at 7:00 P.M. He will discuss "Emergency Planning for Family & Home", including Y2K issues, such as possible loss of power. He said this is an excellent opportunity for citizens to discuss any issues of concern. Mr. Overson announced a District #4 meeting to be held Thursday, June 24, 1999 at 7:00 P.M. at the Washington Mutual Building at 5th & Pacific. Mayor Horton will be in attendance to discuss "Economic Development" and Fire Chief Al Duke will review "Emergency Preparedness" including Y2K issues. Mr. Farr commended the Fire Chief and his Department for their fine work in dealing with a recent fire that occurred in District #6. TAPE #1622 City Council Reg. Mtg. Minutes June 9, 1999 Page 2 of 2 Mr. Montgomery_ reported two Ferry Advisory Committee meetings are planned the evenings of June 23rd and 30thdown on the Boardwalk to hold "question & answer" sessions with ferry riders regarding the proposed ferry schedules and the changes happening at the Coleman Dock in Seattle. He urged citizens to become involved so that Bremerton can have "a voice" with this issue. Vice-President Arends informed the public that this weekend, the Navy would be burning two houses that were originally scheduled for demolition, as a training exercise. Bremerton Fire Chief Al Duke has stated that any citizens witnessing any problems during these burns should call 911. MAYOR'S REPORT Mayor Horton reported heavy traffic difficulties along Navy Yard Highway, as well as on-ramps and alternate routes, due to a water main project along the waterfront, which allowed only one lane of traffic through all day. The lanes are now open, but it may be awhile before the backups are cleared. In addition, she reported an accident on Wheaton Way and Riddell Road in East Bremerton that has also created a backup of traffic in, and around, that corridor. She urged people to limit their driving for the next few hours, and apologized for any inconveniences due to the construction. LEGISLATIVE REPORT - No report this evening. PUBLIC RECOGNITION Michael Howell asked if funding was available for more curbed-cut corners. Mayor Horton responded that the City does have a "curb-cut" program, which is predominantly funded by CDBG funds, and there is also a Disability Action Committee that reviews access issues, as well as assisting with prioritizing requests to best maximize the dollars available. The Mayor also informed Mr. Howell that she would inform him of any upcoming meetings with the Disability Action Committee. Gordy Byrd asked the status of the Sinclair Landing issue. Jodi Wroblewski, Assistant Director with the City Parks Department, was disheartened at the recent acts of vandalism taking place in the flowerbeds at a number of City Parks. She asked that anyone who witnesses such an act, or where the vandalism has already taken place, to please report it to the Parks Department at 478-5305. In addition, she announced that the Summer Parks & Recreation brochure is out with lots of fun activities. Susan Brown reiterated the sentence she would like added to the Bremerton Code of Ethics. With no further business meeting adjourned at 5:55 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, Council Vice-President City of Bremerton P J/CA/Is C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Larson Anthropological Archaeological Services Limited FOR AGENDA OF: June 16. 1999 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: JoAnne Wroblewski, Ass't Director DATE SUBMITTED: June 8. 1999 2. CLEARANCES: . 3. EXHIBITS: (Comment on back if necessary) ~. l/.~ , Parks & Recreation Director: ~./~//~ * Professional Services Agreement CityAttomey: ~ _ ~, ~t~ Fiscal & Budget Committee: ~-'z~~ ~7.~ccc.j~-?~/~ ENDORSEMENT ~' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUI~ITT~I::: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Construction exposed shell midden deposits at the Evergreen Park Site during construction, on Wednesday, May 12, 1999. Larson Anthropological Archaeological Services Limited (LAAS) recorded the site on May 17, 1999, at the request of the Suquamish Tribe, and prepared a Washington Archaeological Site Inventory. Form for the site. LAAS prepared a letter report that described the Evergreen Park Site and recommended additional site recording and construction monitoring activities. 8. RECOMMENDATION: Motion to: Authorize the Mayor to enter into a Professional Agreement with Larson Anthropological Archaeological Services Limited to provide archeological assessment and clean-up to the Evergreen Park site for the Time and Material -Not to Exceed Amount of $18,766.74. RESPONSIBLE OFFICIAL: JoAnne Wroblewski ENFORCEMENT OFFICIAL: Jo.anne Wroblewski EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL It: q 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Delay of the construction project as it relates to the restoration of the area. IMPACT ON STAFFING. BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Cost regarding the assessment and clean-up' will be absorbed by the project contingency fund. Other Resources: Task 1, item 1.3: City will provide water. Task 2: City will provide advertisement and logistical assistance 7. RESEARCH SOURCES: 1© PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is between the City. ofBremerton, a municipal corporation (hereinafter referred to as "City") and Larson Anthropological Archaeological Services Limited (hereinafter referred to as "LAAS"). WITNESSETH: 1. SCOPE: Based on LAAS recommendations and a discussion with the CiW of Bremerton, LAAS proposes to: record and sample cultural stratigraphy exposed in the sidewalls of a construction trench; recover fragments of archaeological irnt~rtance t}om the construction backdirt; excavate shovel probes at the north end of Evergreen Park to delineate site boundaries for a proposed pedestrian pathway; interpret stratigraphy and radiocarbon samples fi.om the construction trench; conduct a public education program; and prepare an archaeological letter report of findings. LAAS outlines five tasks to complete the proposed work. (See Exhibit A) 2. TERM: Contract shall commence no later than July 6, 1999, and will terminate on September 1, 1999, unless otherwise extended by the City. 3. COMPENSATION: Ciw shall pay LAAS compensation as follows: Total fees under this Agreement shall not exceed Eighteen Thousand Seven Hundred and Sixty. Six Dollars and Seventy-Four Cents ($ 18,766.74). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit A. LAAS shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested by the CiW, said additional services will be paid for by the City at the rate set forth in the Proposal. which sum may exceed the cz not to exceeds- amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that LAAS is a firm skilled in matters pertaining to anthropological and archaeological assessments and clean up_and will perform independent functions and responsibilities in the area of its particular field of expertise. LAAS and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind ~ither the City or control employees of the City, contractors, or other entities. PROFESSIONAL SERVICES AGREEMENT --1-- Pro-Serv. Agt - 5/6/99 5. INDUSTRIAL INSURANCE: LAAS agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: LAAS shall possess a current Bremerton Business License and any regulatory license required to fulfill LAAS obligations under this Agreement. B & O taxes shall be paid when due and LAAS, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes, which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, LAAS shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $500,000.00 against professional liability for errors and omissions in connection with the work to be performed by LAAS under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Consultant shall provide professional liability or errors and omissions insurance and comprehensive general liability insurance, including bodily injury and property damage, of at least $500.000.00 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. Consultant shall, at all times, be solely responsible for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consukant agrees to defend and indemnify and hold harmless the City. its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof; because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have risen directly or indirectly out of or in consequence of the negligent performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the sole negligence of the City. 8. GENERAL CONDITIONS: a. Reports and Information - LAAS, at such times and in such forms as the City may require, shall fumish 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 LAAS will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. PROFESSIONAL SERVICES AGREEMENT -2- Pro-Serv. Agt- 5/6/99 b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement, Exhibit A. c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to LAAS or by LAAS to the City shall be in writing and delivered to the parties at the following addresses: City. Clerk 239 Fourth Street Bremertork WA 98337 Larson Anthropological Archaeological Services Limited 7700 Pioneer Way, Suite 101 Gig Harbor, WA 98335-1164 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws, LAAS agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: LAAS 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 employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party, for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City. will be entitled to reports showing the status of all matters upon which LAAS is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- Pro-$erv. Agt - 5/6/99 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and vear indicated. Date: BY: Date: DEPARTMENTAL APPROVAL: Larson Anthropological Archaeological Services Limited CITY OF BREMERTON BY: LYNN S. HORTON? Mayor APPROVED AS TO FORM: GLENNA MALANCA. City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -4- Pro-$erv.Agt - 5/6/99 EXHIBIT A L A R ~, w, ,' ARCHAEO Ci~' of Bremerton s ~_ R,,'~ c E ~ Scope of Work L~*, Evergreen Park Site (45KP121), Bremerton, Washington Archaeological Assessment and Clean-Up June 3, 1999 Construction workers exposed shell midden deposits at the Ever~een Park Site (45KP 121) during construction excavation in the Cirv of Bremerton, Evergreen Park, on Wednesday, May 12, 1999. Evergreen Park is on the west side of the Port Washington Narrows, north of downtown Bremerton (Figure 1). Larson Anthropological .archaeological Services Limited (LAAS) recorded the site on May 17, 1999, at the request of the Suquamish Tribe, and prepared a Washington Archaeological Site Inventory Form for the site. LA,kS prepared a letter report that described the Evergreen Park Site (45KP 121) and recommended additional site recording and construction monitoring activities (Lewarch and Forsman 1999). Based on LAAS recommendations and a discussion with representatives of the City. ofBremerton, LAAS proposes to: record and sample cultural stratigraphy exposed in the sidewalls of a construction trench; recover fra~m-nents of human remains from construction backdirt; excavate shovel probes at the north end of Evergreen Park to delineate site boundaries for a proposed pedestrian path~vay; interpret stratigraphy and radiocarbon samples from the construction trench; conduct a public education progro-ram; and prepare an archaeological letter report of findings. LAAS outlines five tasks to complete the proposed work. Task 1: Field Investigations LAAS proposes six subtasks during field investigations. /./ £xcavate Shovel Probes LAAS will excavate shovel probes at the north end of Ever=oTeen Park in an alignment proposed for a pedestrian pathway outside of known site boundaries. LAAS will not excavate in areas ~vith surface exposures of midden deposits, for example, directly west of the ~'o storm sewer construction trenches. LAAS will excavate shovel probes to a depth of 75 centimeters below ground surface or to the top of shell midden or other site deposits, whichever is closer to the ground surface..archaeologists will record the strati~aphy of each shovel probe. Shovel probe results will provide information to route the proposed pathway alignment and to select the most appropriate construction technique for the pathxvay. 1.2 Remove Backdirt from Construction Trench On May 12, 1999, construction workers partially backfilled an 85 foot-long storm sewer trench that has exposures of hunter-fisher-gatherer cultural stratigraphy. Backdirt used to fill the south end of the construction trench may have fragments of human remains. LAAS will remove the backdirt from the partially filled construction trench to a depth of four feet below ground surface. If cultural stratigraphy is present at a depth of four feet, LAAS will use localized plywood shoring at eight-foot intervals to support the sidewalls and remove backdirt to expose cultural stratigraphy below a depth of four feet. 7700 PIONEER WAY SUITE 10! GIG HARBOR WASHINGTON 98335-1164 TEL: [2531858. !41 ~ SEATTLE TEL: [2061782.0980 FAX:J253]858 1410 1.3 Water-Screen Backdirt LAAS crews will water-screen backdirt removed from the south end of the construction trench, backdirt piled above the south end of the construction trench, and backdirt that was screened bv the Kitsap County Coroner to recover human remains. LAAS crews may identif,v small fragments of human remains in the previously screened backdirt that ~vere not observed by the Kitsap County Coroner. LAAS crexvs will examine matrix from 1" and 1/2" mesh and place all bone in plastic bags for submission to the Suquamish Tribe as ~ave goods; The City of Bremerton will provide a water source for water-screening within a reasonable distance from the backdirt piles. ]. 4 Draw and Photograph Stratigraphic Profiles LAAS archaeologists will clean the east face of the exposed construction trench sidewall using garden spades and trowels and ~vill draw and photograph the cultural strati~aphy. 1.5 Special Samples Two charcoal samples will be obtained from cultural strata in a direct superposition relationship at a single location within the trench. I. 6 Place Geotextile Fabric and t¥Ionitor Backfilling of Constrttction Trench LAAS will supervise placement of geotextile fabric in th_e open construction trench to minimize caving of sidexvalls or other adverse effects on intact cultural deposits. LAAS will monitor backfilling operations ~vhen clean sand is used to fill the construction trench. LAAS will also monitor placement of geotextile fabric on the exposed portions of the archaeological sire. Task 2: Public Education LAAS will conduct a public education program in cooperation with the Suquamish Tribe. archaeologists will lead a public tour of the project area to a limited number of people who register in advance for the tour. One weekend day will be assi~o-ned for the public tour. Logistics for the tour will be developed with the City of Bremerton. Task 3: Sample Analysis Outside specialists will conduct radiocarbon dating of two samples..Artifacts and identified fraga'nents of human remains will be placed in an appropriate container and transferred to tl~e Suquamish Tribe without any analysis. Task 4: Letter Report Preparation LAAS xvill prepare an archaeological letter report that includes a project description, environmental data for the site vicinity, a summary, of ethno~aphy and ethnohistory of the Bremerton vicinity, a description of field techniques, interpretation of site stratigraphy, and management recommendations. LAAS will complete a National Register of Historic Places Nomination Form that will be submitted to the Washington State Historic Preservation Officer, Office of Archaeology and Historic Preservation (OAHP), for review. Task 5: Project Administration LAAS will consult with the Washington OAHP, the Suquamish Tribe, and the City' of Bremerton throughout the duration of the project. Other administration tasks include project tracking and product QA/QC. BIBLIOGRAPHY Lewarch, Dennis E. and Leonard A. Forsman 1999 Recording the Evergreen Park Archaeological Sire (45KP J 21), Bremerron, Washington. Unpublished letter report from Larson Anthropological _Archaeological Services Limited, Gig Harbor, Washington, to Mr. Charles Sigo, Tribal Curator, Suquamish Tribe, Suquamish, Washington, 18 May. 'g66L '£~D le9qs 'dem Ueld pub 5u]peJo UOl6UBISe~ 'UOIJOEIDJ~ Siuo~uDAoJd~i ~Jed UOOJ~JOA~ LUOJ~ det~l 9Se8 0 LlOUa.l_L uo!]onJ]$uoo ', Ol Larsoll Anlhropological Archacological Services l.imited 3-June- 1999 Evergreen Park Sile Archaeological Assessment and Clean4 Ip LA ilO1~, TASKS PERSONNEL COSTS Principal Inv. I'rc~j. Manager Field Director Field Archaeologisl Research Archaeologist Graphics/WP Total I lours Task I :Field Investigations 4 12 64 24 0 8 I 12 Task 2:Public Education* 12 211 211 2{) 20 0 92 ?l'ask 3 :Samp_le._Analysi~ 0 '2 11 1} 0 4 6 Task~dLeller ReporLt~rl:pm'ath2n 16 72 2{} 8 40 48 204 Total Hours 32 1116 10,t 52 60 60 414 Billing Rate $78.53 $59.27 $31.84 $28.65 $38.20 $28.65 Total Labor Costs $2,512.96 $6,282.62 $3,311.36 $ 1,489.811 $2,292.00 $1,719.00 $17,607.74 Expenses Billed To Cost Mileage, 700 miles (a) $.32/milc $22,1 Correspondence-postage, telephone $25.00 Supplies $50.00 Maps $25.00 Fihn; processing $1011.00 Report Production $75.00 Radiocarbon samples, 2 Q) $330 $660.00 Total Expenses $1 ,I 59.00 TOTAL COSTS $18,766.74 *Suquanlish In-Kind cont,'butio,~ $ 300.00 AGENDA BILL 1. SUBJECT: Ordinance No. Code of Ethics BREMERTON CITY COUNCIL FOR AGENDA OF: June 16, 1999 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Matanca, City Attorney DATE SUBMITTED: June 10, 1999 2. .CLEARANCES: (Comment on back if necessary) ~len~"Malanca, City Attorney 3. EXHIBITS: Council Study Sessions Approved Fiscal & Budget Chairman Approved Operations Committee Chairman ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMiTj~AL: COUNCIL PRESIDENT /h~-.-~/~/:~ ~ ~--~~ / 4. SUMM~R~ STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An Ordinance repealing and revising the Code of Ethics for City officials and employees. This ordinance has clarified the purpose of havinc a Code of Ethics and the expectations and penalties ~herein. Chapter 2.96 will be repealed in ins entirety i~ the City Council idopts the attached Ordinance. 8. RECOMMENDATION: Record Motion: Motion to approve ordinance on 1s~ reading; Pass Ordinance No. reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 2n''~ 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPM~-T_ OR OTR~_R RESOURCER: None. 7. RESEARCH SOURCES: ETHICS.AB - 3/9/99 ORDINANCE NO. AN ORDINANCE revising the code of ethics for City officials and employees; and repealing Chapter 2.96 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: CODE OF ETHICS SECTION 1. Repeal, New Chapter. Chapter 2.96 of the Bremerton Municipal Code is hereby repealed in its entirety and a new chapter adopted to read as follows: 2.96.010 PURPOSE. The proper operation of democratic government requires public confidence in the integrity of its officials. As a cornerstone to open and responsive government, this Ethics Code sets standards for city officials, officers and employees. It serves as a restatement of state codes and standards in addition to Chapter 42.23 RCW, in areas of municipal operations where public trust is served by clear definition of expected behavior. 2.96.020 DEFINITIONS. (1) Immediate Family - Husband, wife, father, mother, brother, sister, son, daughter; like relatives by marriage such as stepson, stepdaughter; father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law or daughter-in-law. (2) Public Officer or Employee - Any person, officer or employee holding a full-time regular position by election, appointment or employment in the service of the City, whether paid or unpaid, includes members of any board, committee or commission. (3) Quasi-judicial Proceedings - Those actions that determine the legal rights, duties or privileges of a specific party in a hearing or contested proceeding. They do not include legislative actions of area-wide significance or which affect the public generally. (4) RCW 42.52.010 is hereby adopted. Any reference to the State, it's agencies, employees, agents, and similar references shall be understood to refer to the City of Bremerton, its departments, employees, agents, and similar references. Reference to "statute" shall mean statute or ordinance. Additionally, Subsections (1) through (3) of this Section shall control over conflicting provisions in RCW 42.52.010. 2,96.030 VIOLATIONS. (1) The following Sections of the Revised Code of Washington, and any amendments thereto, are hereby adopted by reference. This Ethics Code and Chapter 42.23 RCW shall control over any conflicting provisions adopted under this Section. Any reference to State, or similar references, shall be interpreted to refer to the City of Bremerton: RCW 42.52.020 Activities incompatible with public service RCW 42.52.030(1)&(3) Financial interests in transactions RCW 42.52.040 RCW 42.52.050 RCW 42.52.060 RCW 42.52.070 RCW 42.52.080 RCW 42.52.090 RCW 42.52.100(1) RCW 42.52.110(1 ) Assisting in transactions Confidential information Improperly concealed records Testimony of state officials and state employees Special Privileges Employment after public service Limited assistance by former state officers and employees Conditions on appearance before state agencies Compensation for official duties or nonperformance RCW 42.52.130 RCW 42.52.140 RCW 42.52.150 RCW 42.52,160(1) & (2) RCW 42.52.170 Honoraria Gifts Limitation on gifts Use of persons, money, or property for pdvate gain Giving, paying, loaning, ect., anything of economic Value (2) Appearance of fairness: No public officer or employee with decision-making authority shall participate in or influence any pending quasi-judicial proceeding whom: (a) Has a financial interest in the matter; (b) Has pro-judged the medts before headng; or (c) Has a personal bias for or against any party affected by the action. Provided, however, an officer may participate under the exceptions provided under Chapter 42.36 RCW. Any contacts with an opponent or proponent by a decision-making official regarding a pending quasi-judicial proceeding is prohibited unless disclosure is made on the record pursuant to RCW 42.36.060. 2.96.040 ADDITIONAL VIOLATIONS. The following conduct shall be deemed additional violations of this chapter: (1) To knowingly file a false charge or complaint of a violation of this ethics code, (2) To induce or coerce or attempt to induce or coerce anyone into violating a provision of this ethics code, (3) To knowingly commit or allow any breach of confidentiality contrary to this ethics code. ,/. i i~P-~'6, (4) Tol'retaliate~or engage in reprisals against any person making a complaint of violations of this ethics code. 2.96.050 ENFORCEMENT. A. Any person who has knowledge of a violation of this Code of Ethics committed by any person may make a signed written report of the same to the City Clerk. The report must set forth specific facts detailing the alleged violation, including the date and place of violation; names and telephone numbers of all persons having knowledge of the alleged conduct; the sections and subsections of this code alleged to have been violated; and the specific conduct at issue. The report must be signed under penalty of perjury under the laws of this state and include the name, address and telephone number of the person submitting the report. The fact that a report has been received, the contents of the report, and the identity of the person making the report shall remain confidential to the extent allowed by taw, including public disclosure laws of the State of Washington. The Mayor, after receipt of a copy of the report, shall, within five (5) days, refer the same to the City Auditor for an initial threshold determination of whether reasonable cause exists to believe that a violation of the Code of Ethics has occurred. B. Upon receipt of a report, the City Auditor, without benefit of subpoenas or sworn testimony, shall, within thirty (30) days of receipt by City, make such preliminary investigation as he or she deems appropriate to determine whether reasonable cause exists to believe that a violation of the Code of Ethics has occurred. If the City Auditor believes that the allegations may constitute a criminal matter, he or she shall refer the report to the proper authorities for consideration of criminal prosecution. If the City Auditor determines that reasonable cause exists to believe that a violation of this Code of Ethics has occurred, the City Auditor shall present the matter to the Hearing Examiner in a public hearing. The City Auditor shall be represented by the City Attorney, or the City Attorney's designee, to pursue any remedies provided by this Chapter. C. If the City Auditor should determine reasonable cause does not exist, he or she shall communicate his or her decision in writing to the person who made the initial report within tern (10) days of making the determination. The City Auditor may make a determination that the complaint is frivolous and without medt pursuant to Section 2.96.060. See Section 2.96.080 for notice requirements. D. Within thirty (30) days of rendering a determination of reasonable cause, the City Auditor shall notify, in wdting, the person who made the report and the person complained against, of the public headng which will be held to determine if a violation has occurred. Notice shall be provided at least thirty (;~0) days prior to the date set for the headng. The person complained against shall have the dght to file a wdtten answer to the charge and to appear at the hearing with or without legal counsel, submit testimony, be fully heard, and to examine and cross-examine witnesses. See Section 2.96.080 for notice requirements. E. Headngs conducted by the Headng Examiner shall be informal, meaning that the Headng Examiner shall not be bound by the stdct rules of evidence prevailing in courts of law or equity. The Headng Examiner may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence needed by the parties. To that end, the Headng Examiner shall issue subpoenas and subpoenas duces tecum on his or her own or at the request of the City Auditor or the person complained against. All testimony shall be under oath administered by the Headng Examiner. The Hearing Examiner may adjourn the hearing from time to time in order to allow for the ordedy presentation of evidence. The Hearing Examiner shall prepare an official record of the headng, including all testimony, which shall be recorded by mechanical device, and exhibits; provided that the Hearing Examiner shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription. F. Within thirty (30) days after the conclusion of the hearing the Hearing Examiner shall, based upon a preponderance of the evidence, make and fully record in his permanent records, findings of fact, conclusions of law, determination of a recommended disposition, and his or her order. A copy of the findings, conclusions, recommended disposition, and order shall be forwarded by certified mail, or personal service, to the person who made the initial report and to the person complained against at addresses as given by both persons to the Hearing Examiner. An additional copy of the findings, conclusions, recommendations, and order shall be forwarded to the City Auditor, the City Attorney, and the person(s) responsible for acting on the recommendations. G. Any person found, by final wdtten order of the Hearing Examiner, to be in violation of this Code of Ethics may seek review of the Hearing Examiner's order and any other decision based upon that order in the following manner: (1) Civil penalty: If the Hearing Examiner orders the person to pay a civil penalty, the person may appeal in the form of a trial de novo in the Bremerton Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) and applicable local rules of the Bremerton Municipal Court. This appeal shall be taken by filing in the Bremerton Municipal Court a notice of appeal within fourteen (14) days of the date of the Hearing Examiner's order. Proof of actual and timely receipt by the Bremerton Municipal Court is on the person filing the appeal. The person filing the appeal shall also, within the same fourteen (14) days, personally serve a copy of the notice of appeal on the Hearing Examiner, the City Auditor, and the City Attorney, and file an acknowledgment or affidavit of service in the Bremerton Municipal Court. (2) Cease and Desist. If the Hearing Examiner orders a person to cease and desist violating this chapter, the person may seek a writ of review from the Superior Court pursuant to RCW 7.16, within fourteen (14) days of the date of the Hearing Examiner's order. (3) Public Disclosure. If the Headng Examiner orders a person to file any documents or papers required by this chapter, the person may seek a wdt of review from the Supedor Court pursuant to RCW 7.16, within fourteen (14) days of the date of the Headng Examiner's order. (4) Discipline. If the Hearing Examiner recommends either discipline, for any City official or employee; or removal from employment for a City employee, excluding elected officials, and the discipline or removal actually occurs, the City employee or official may seek whatever remedies exist at law or in equity. (5) Debarment. If the Hearing Examiner recommends that the person be excluded from bidding on public contracts and the exclusion actually occurs, the person may seek whatever remedies exist at law or in equity. (6) Termination of Contract. If the Headng Examiner recommends that the person's contract with the City be. terminated and the contract is actually terminated, the person may seek whatever remedies exist at law or in equity. 2.96.060 FRIVOLOUS COMPLAINTS. 1. The Hearing Examiner may, at the request of a party or sua sponte, make a finding that a complaint brought pursuant to this Ethics Code is frivolous and without medt. 2. If the City Auditor or the Hearing Examiner makes a finding that a complaint has been brought which is frivolous and without merit, the person making such a complaint shall be liable to the City for the cost of the City Auditor's investigation and the Hearing Examiner's hearing, if applicable. If the complainant is a City employee, he or she may additionally be subject to disciplinary action. 2.96.070 CIVIL PENALTY AND ADDITIONAL REMEDIES. Violators shall pay a civil penalty of up to Five Hundred Dollars ($500.00) or three (3) times the economic value of anything received in violation of this chapter, whichever is greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. The Hearing Examiner will also have the authority to issue orders specified in BMC 2.96.050(G). 2.96.080 NOTICE REQUIREMENTS. Any written notice, notice of appeal, or other document required to be served under the terms of this Ethics Code may be personally served pursuant to Superior Court Rules for service of process; or may be mailed by first class mail three working days prior to the last day for service. This section applies unless specific provision is made for service in another manner. Proof of proper service is the burden of the serving party. 2.96.090 DISTRIBUTION OF CODE OF ETHICS. The City Clerk shall cause a copy of this Code of Ethics to be distributed to every public officer and employee of the City within thirty (30) days after enactment of this code. Each public officer and employee elected, appointed or engaged thereafter shall acknowledge receipt of a copy before entering service. // // // APPROVED by the City Council on the first reading this __ day of PASSED by the City Council of the City of Bremerton this __ day of ,1999. ,1999. MIKE SHEPHERD Council President APPROVED this ~ day of ,1999. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance Amending Chapter 2.62 of the Bremerton Municipal Code FOR AGENDA OF: ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: 2. C~.~.muRANCES: (Comment on back if necessary) · ~,--'~ / .- 3. E~x~_IBITS: Ordinance No. Council Study Sessions Approved COUNCIL COMMITTEES ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARX STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Ordinance amends Chapter 2.62 by allowing the hearing examiner to have jurisdiction to receive and rule on complaints referred by the City Auditor, or as otherwise provided, in regards to the Code of Ethics. 8. RECOMMENDATION: Record Motion: Motion to approve ordinance on 1s~ reading: Pass Ordinance No. on 2n~ reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] ~MENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CL~.~RANC~- COI~N~S: - 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS , FACILITIES , EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: ORDINANCE AN ORDINANCE amending Chapter 2.62 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.62.045 of the Bremerton Municipal Code shall be amended to read as follows: 2.62.045 HEARING EXAMINER - PROCEDURE- APPEAL. The headng examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the office of the hearing examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant's name, address and telephone number, the wdtten decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a Fifty Dollar ($50.00) filing fee, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the examiner shall be stayed during the pendency of an appeal which has been properly and timely filed provided there is not imminent threat to the public's safety and welfare. The hearing examiner's decision shall be final and conclusive unless the appellant or the City files for a Wdt of Certiorari in Kitsap County Supedor Court within thirty (30) days. Procedures of this section, including filing fee, and appeal of the examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, Title 2, and to receive and rule on appeals of administrative decisions specified in the following Titles of the Bremerton Municipal Code. 1. Business Licenses and Regulations, Title 5 2. Health and Sanitation, Title 6 3. Animals and Fowl, Title 7 4. Peace, Safety and Morals, Title 9 5. Traffic, Title 10 6. Municipal Utilities, Title 15 Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of ,1999. PASSED by the City Council of the City of Bremerton this __ day of , 1999. MIKE SHEPHERD, Council President APPROVED this ~ day of ,1999. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORD IND=NCE # ACTION: Ordinance to require an applicant to pay for the cost of any newspaper notices APPLICANT: City of Bremerton DECD FOR AGENDA OF: June 16,1999 DEPT. OF ORIGIN: DECD - Planning ORIGINATOR: Jon Holan DATE SUBMITTED: June 10, 1999 LOCATION: 286 Fourth St., Bremerton, WA 98337 2. CLEARANCES: (Comment on back if necessary) 3. EM-HIBITS: DECD Director : /~~~. ~ Ordinance No. City Clerk: City Attorney: ~~~------~ ~ ~, ~ Staff Report & Fiscal and Budge~.~~t~.~21/~~% - Attachments Operations Committeei,~'-~~z~~z~_~~/~ ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBM. ITTAL: 4. S~Y STATEMENT A/qD REQUIREMENT FOR COUNCIL ACTION: Purposed ordinance would require applicants to pay for any newspaper notice costs for permit types included under BMC Sections 21.02.840, 21.02.845, 21.02.850 and 21.02.855. 5. RECOMMENDATION: Staff recommends that the City Council move to approve Ordinance o RESPONSIBLE OFFICIAL: Jon Holan ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED DATE: tEOC o CLEARANCE COMMENTS: See attached staff report. 10. IMPACT OF NON-PASSAGE: Non-passage of the bill would result in further impacts on DECD budget. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: See comments above. 12. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE requiring the applicant for certain permits to pay the for newspaper notices. WItEREAS, the permit fees collected by any application does not cover the cost of processing a permit; and Wlt-EREAS, the cost of legal notices are subject to furore increases which are difficult to anticipate and incorporate into application fees. NOW, TFIERE~ORE, BE IT RESOLVED, the City Council of the City of Bremerton does hereby ordain: Section 1. That applicants for permits required under Bremerton Municipal Code Sections 21.02.840, 21.02.845, 21.02.850 and 21.02.850 shall pay the cost for any notice which is required to be published in the newspaper. Section 2. This ordinance shall become effective ten (10) days fi.om passage and publication. APPROVED by the City Council of the City of Bremerton this of ,1999. day PASSED by the City Council of the City of Bremerton this 1999. day of MIKE SHEPHERD, Council President APPROVED this day of ,1999. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk 34 Date: June 16, 1999 To: City Council From: Jon Holan, Planning Manager Subject: Applicants Paying Cost of Newspaper Notices Staffis proposing the attached resolution that applicants pay for any newspaper notices required for the processing of all permits and actions included under Bremerton Municipal Code (BMC) Sections 21.02.840 - Type I Administrative Decisions, 21.02.845 - Type ~I Admininstrative Decisions with Notice, 21.02.850 - Type l~I City Council Decisions and 21.02.855 - Type IV Legislative Decisions (see Attachment 1). Background and Analysis Background: The notices required for each type of permit is identified in Attachment 2. The BMC requires newspaper publication for each type of notice identified in the attachment. Thus, the minimum and maximum number of newspaper notices required for each permit type are as follows: Permit Type Type I Applications Type II Applications Minimum Number of Notices Requiring Newspaper Ads 1. Notice of Appeal 1. Notice of Application 2. Notice of Decision/ Appeal Maximum Number of Notices Requiring Newspaper Ads 1. Notice of Appeal 2. Notice of Final Decision (if appealed) 1 & 2 Two Notices of Application for Shoreline Substantial Development permit 3. SEPA Determination 4. Notice of Decision/ Appeal 5. Notice of Final Decision (if appealed) Type 111 Applications Type IV Applications 1. Notice of Application 2. Notice of Pre-decision Public Hearing 3. Notice of Final Decision 1. Notice of Application/SEPA 2. Notice of Public Hearing 3. Notice of Final Decision 1 & 2 Two Notices of Application for Shoreline Conditional Use Permit or Shoreline Variance 3. SEPA Determination 4. Notice of Pre-decision Public Hearing 5. Notice of Decision for Shoreline Conditional Use Permit or Variance 6. Notice of Final Decision (if appealed) Same as minimum. In reviewing the number of notices, three points should be kept in mind. First, with the exception of public hearing notices, state law does not require any newspaper publication of the notices. Second, the City's Shoreline Master Program require two newspaper notices for the Notice of Application. Third, some notices such as Notice of Application and SEPA Notice, and Notice of Action and Notice of Appeal can be consolidated into one notice. This is the general practice of the Department. As a result, the maximum number of notices is an absolute maximum which can be reduced. The cost of newspaper notices are averaging a little under $40 per ad. Thus, the cost to the Department per application could range from about $40 for a sign or building permit to about $240 for an appealed shoreline conditional use permit or variance requiring a SEPA determination. Analysis: There are some concerns that the City taxpayers pay for stafftime and that any additional cost should be absorbed by general tax revenue the City receives. Another perspective is that permit applications are processed only for particular parties and that these parties should pay for the cost of processing their applications. It is staff's understanding that the City has taken a middle ground approach as a manner of policy to subsidize a portion of the cost to process permits to encourage economic development and provide other benefits. Thus, the policy issue before the City Council is to what extent an applicant should bear the cost of processing permits. Aside from the policy issue, there are cost issues to the City that the proposed ordinance would address. For 1998, the Department spent $6,065.20 for 164 newspaper notices for legal ads compared with a budget of $4,185, an average of $36.98 per ad. The Department newspaper notice expenditures exceeded the budget by $1,880.20 or about 45% over budget. Thus, the cost of the legal notices has resulted in budget impacts for the Department. 2 Further, the relatively low cost of permit fees do not address the cost of the ads. Fees for selected permits are as follows: Special Use Permit Administrative Public Hearing $229 $486 plus $24 for each 20,000 square feet of building area Variance SEPA Checklist Shoreline Substantial Development Permit Short Plats Preliminary Plats $307 $126 $607 $96 per lot ($192 to $384) $706 plus $124 per lot Attachment 3 attempts to generally estimate the cost to process various permits to compare with the above fees. It estimates Community and Economic Development stafftime cost to process the above permits. It is based on current hourly costs for the City and processing time estimates made for various permits from a prior year. It does not include stafftime costs from other departments, staff time for preapplication conferences or "incidental" costs such as notice publication, mailing, photocoping, administrative support services, etc. These estimates indicate that staff time costs currently exceed the cost of Special Use permits, SEPA review, and Variances. Based on this general analysis, other permit fees including Pre 'hminary Plats and Shoreline Substantial Development permits either exceed the cost or would likely exceed the cost. Short Plats are marginal in the fee versus cost because it would depent on the number of lots. Since the preponderence of planning review of the above activities are related to Special Use permits and SEPA review, much of the cost for notice publications is not absorbed by the permit fee. As previously mentioned, the permit fee structure reflects the City's policy to maintain competitiveness with other jurisdictions and be an incentive for economic development. Attachment 4 compares the Bremerton land use fees to selected other communities including the four jurisdictions within Kitsap County, Olympia, Gig Harbor and Tacoma. With the exception of Port Orchard, Bremerton's permit fees generally are below that of other communities surveyed. While these communities include noticing cost with the fees, the additional amount would cover the cost of the fees. One option is for the City to raise permit fees to incorporate the cost of the legal ad. This option would require extensive analysis by staff to review actual City costs by all affected departments in order to include all costs. Further, such fee increases should be conducted during the budget review process, which would defer the Department's current fiscal problem. Staffis not certain that this approach would address the fiscal issue. The fees go into the general fund and the Department may still experience a budget constraint due to the City's tight budget and 3 citywide needs. Further, such fees would not reflect any future rate changes by the City's official newspaper. The proposed ordinance would directly pass on the actual cost to the applicant while relieving the Department's budget constraint. Alternatives The City Council has the following options with respect to this issue: 1. Adopt the ordinance as proposed; 2. Direct staffto amend the City's fees for land use permits; 3. Deny approval of the ordinance. Recommendation Due to impacts on the budget and relatively low land use permit fees, staff recommends that the City Council adopt the Ordinance to require applicants of permits under BMC Sections 21.02.840, 21.02.845, 21.02.850 and 21.02.855 to pay for any newspaper notice costs. 4 Attachment 1 shall sustain the decision of the Director ii, following a public hearing, it determines that one or both of the following conditions apply. i. That the nature of the use is such ttmt it can be alter~l or termirmted so that the property, can be used in conformance with the uses permitted in the zone in which it is located; or ii. That the nonconforming use is detrimental to the public health or safety., or is a public nuisance. (Ord. 4325 §3 (in part), 1991; Ord. 4172, 1988). 21.02.840 TYPE I ADMIN~TRATIVE DECISIONS (a) Actions: The following permits and approvals Lavolve direct application of adopted codes and standards w/th many of the d~isions rrmde immediately at the customer coumer. The decisions are adminb, uative and public notice is not required..~n asterisk (*) denotes permits and approvals that are excluded from the 120-day ?rccessing and notification requirements of fin.is section. (!) Building and sign permits.= (2) Home ec,,.~a.mation.* (3) Land uses permitted oumgh~. approved PCD. perrrdt_s. (4) Structures ~rnurt~, (5) Boundary, line adjustment.* (6) M. inor amendment to (7) Nfinor amendraents to other (8) Tem.~rary emergenc wetland or stream perm.its.* (9) SEPA exempt:* -- Clearing less than 2 acres. - Grading less than 100 (10) Landscape plan. (11) Site Plan Review. (12) Recreational vehicle 90--day permit.* (b) Final decision: The Director's dec/sion shall be final when issued for purposes of appeal. (c) Appeal: Type I decisions may be appealed to the Planning Commission w/thin fourteen (14) c,xtendar days from the date of the decision. The Commission will conduct an open record appeal hearing. (SM Figure 840.) (Ord. 4567, Amended, 9/19/96) 21.02.845 TYPE ri ADMINISTRATIVE DECISIONS WITH NOTICE. (a) Actions: The following permits and approvals require limited public notice. Pre-dec/sion comments are encouraged and the Director may approve, approve with conditions, or deny the request. (1) plat) (2) (3) assessment. O) development pe,mm. (5) (6) P~.~-'m/r. Exception. (7) Short Subdivision (shor~ SEPA Determination. Wetland or stream Wetland or s~ream Variance. Adminis",mtive Spec, al Use Zoning Ord. Special (83 Design Review. (exempt from 120 day processing requirement) (9) Plan or Code Imerp~mtion. (10) M. inor alteration of a?proved plat. (b) Decision format: The d~,sion shaJ2 be in a wfinen format that clearly inrticates the findings of facL ~-aluat/on of approval criteria. conclusions, the decision, any conditions of approval, and a.nv maps, desig-ns, site ptnnq, or other miat~ =.orapi,dc materials. (c) Final Decision: The Di.p'~xor'$ decision (or SE?A Offic/al's decision in the case of a SEPA-r:Iat~ action) is final when issued, for pur~ses of appeal. (d) Appeal: Type II d~isions may be appealed to the City. Council with.in fourteen (t4) calendar days from the date of decision. The City Council will conduct an open record appeal hearing. (Ord. 4567, Amended, 9/19/96) 21.02.850 T~TE I11 CITY COUNCIL DECISIONS. (a) Actions: The following actions may 21-57 be approved, approved with conditions, denied, or remanded by the City Council following an open record pre-decision public hearing, u~less noted other, vise. Public notice is required for Type ICI actions. Recommendations will be provided by the Planning Commission folIowing a public m~ting. Staff may conduct additional neighborhood me~tings when required or when otherwise warranted by the Director for public inforrrmtion or dam gathering purposes. .an axteri.~k (*) denotes actions that are exempt from the 120-day permit processing requirement. (1) Prelimina~. Sutxfivision Plat. (2) Final Sulxtivision Plat. (3) Vacation of existing rabdivision. (4) Vacation of right-of-way. * (5) Surplus or sale of other public property. ' (6) Ptarmed Unit Development (7) Major amendment ~.o a pr,.'~,'iously approved Type lZt decision. (8) Binding Site Plan. (9) Non-administrative Spe-.izd Use Pe,qnit. ( 1 O> Rezone for %pec'~ ~5 c properties or small area. (11) Development Agx~ement. (b) Decision Format: Type iii decisions shall be made by' resolution, ordinance, or other form appropriate to that particular decision and suitable for r~ording. (c) Final Decision: Tk-pe 1Tr d~Ssions are made by the City. Council and are final when issued for purposes of appeal. (d) Appeal: Type IZI decisions may be appeai~ to Superior Court within the foun~n (1-U day appeal period, or on the effective dale of the ordinance, wkichever is longer. (Ord. 4567, Amended, 9/19/96) 21.02.855 TYPE IV LEGISLATIVE DECISIONS. (a) Actions: The City Council may approve, modify, or deny the following le~slarJve decisions following an open pre-decision public hearing. These decisions are exempt from thc 120-cLay pr~essing and single open record hearing rules and most will be considered by the ?lanmng Commission in open public bearing prior to ,making its rec. ommendation to the City Council. Public notice is required. (i) .4amexation. (2) Urban Renewal Plan. (3) Disu'i~, community., neighborhoock or ather special area plan. (4) Comprehensive Plan .Amendment. (5) Development regmlation adoption or amendment. (6) Zoning Map Amendment (other than single lot or small area rezones). (b) Decision Fomat: Type IV decisions shall be made by ordinance. (c) Final Decision: Type IV decisions are made by the Ci.ry Council following its open record public h ~ez-nng and are final when issued, for purposes of appexL (d) Appeal: Type tV decisions may be appeal~ to Superior Com-t within the foun~n (1.~) day appeal period, or on the eff~"dve date of the ordinance, wkich~-wer is longer. (Ord. 4567, .~'nendeA 9/19/96) 21.02.860 SEt ORELENE DECISIONS. (a) Actions: Tne following are subj~t to the ~remenu of Bremenon's ShoreHne Mazer ~o~m but s~ll ~ d~d~ ~5~n 120 ~vs. R=o~en~ons condu~ ~ de~'~ in ~e "Pe~t P~ssing" robie i~ foilows. (! 5 Shoreline Sub~fi~ Development ,'2) Shoreline V~ (a) Shoreline Pe~t R~sio~ (J) Shoreline ~er Pro~ ~) D~ision Fomat: Comple~on of a pre~ fo~ or ~tement ~ncl~io~ ~d ~e d~sion of ~e appro~ng ~. Adop6o~ of ~d ~en~en~ to ~e Shoreline ~er Pro~ s~l ~ ~de by or~n~. (c) Fin~ D~isions: 2148 (l) Substantial Development Permits and amendments to emsting permits are decided admin/su'ativeiy, in t. he same nmn.ner as other T>7>c ri permits. (2) Conditional Use Permits -and Variances are d~'ided by the Planning Commission and may be approved, rejected, or mcxiified by the Department of Ecology. A neighborhood m~ting or study session is optional. (3) .&Il Shoreline Permit decisions must be subm/rted ximultaneously to the applicant, the Departrnent of Ecology (DOE), and to the attorney general. DOE may approve or di~pprove the permit. (4) Shoreline Master Program Amendments are decided by the City. Council and may be approved, rejected, or modified by the De~rmrtment of Ecology. (d) Appeals: An appeal of a local shoreline perrmt decision may be filed with the CiD' Council first, w/th a second appeal to the Shorelines Hearings Board (SHE), or may be filed direc',Jy with the SI.-~. (1) Decisions on Subrmnrial D~'etopment Perm/ts, Var/anc,~ and Conditional L'se Pe,,ma/ts rrm,/be ap.r~aled to the City Coun~i ~witi~dn fotnx~n (14) days of the date of the ~isior~ and considered in an open r~orc/, appeal- 5 ~eanng, or (2) 'Faose decisions Ii,ed in (d)(i) above or City. Counc/1 decisions on ap.goals of earlier d~.-'/sions, may be appealed to the Shorelines Hearings Board by filing a Po,Jr/on for K~,'iew w-ithin twenty-one (21) days of the date of the Deparanent of Ezolo~v's r~-iew mad decision. (3) The d~-'ision of the Deparunent of Ecology pe:-m.imng to the adept/on of, or amendment to, the Shoreline Progx, am may be appealed to the Cent'-at Puget Sound Growth Marmgement Hearings Board per RCW 36.70A.250 throug, h 320. (4) Appeals to the City Council siaa/1 be d~--'ided with/n thirty days of the filing date. Appeals to the Shoreline Hearings Board will be d~-ided with/n 180 days. (Ord. 4567, A.mended, 9/19/96) 21.02.865 PI.~ANNE D ACTIONS. (a) A Planned Action does not require a th.reshold deten'mnation nor the preparation of an environrnenta/ impact statement under State Environmental Policy. Act (SEPA). However, an environmental checklist may be requested as part of the initial application to help disclose, review and mitigate environmental impacts through the Site ?lan Review process. fo) To qualify as a '~Planned Act/on", a projec:~, action taus;: (I) Be a clearly designated or proposed ac'Jon within a plan, ordinance or resolution that was adopted by the City., and be consistent with the Comprehensive Plan; (2) Have had any si~ificant impacts adequately addressed in an environmental impact statement prepared in conjunction with the City's Comprehensive Plan or related neighborhood, subarea, urban or other spec/al area plan; (3) Be a subsequent or implementing proje~ for proposals contained in the Comprehensive ?!an or related plans; (4) Be located within the CiD' Lira/ts or Urban Growth A.rea; and (5) Not be an essential public £a~liD', ~ definec~~ in RCW 36.70A.200. (c) ?!atoned actions may be limited to ce:'m/n ~.-pes ~f development, to specffic geograpizica~ 2.teas cf the City, and/or to a 0ime period identified in ',.he .ELS, plan, ordinance or resolution that desi__o_nated the planned ac'Jon. (d) ?reject r~-wiew of a planned action shall not address its appropr/ateness nor question the basis of itq proposal in a comprehensive plax or other adopted dcxTaraent. Project, rzview shrill be used to icien~'5.' s-pecific proj~,, design and condit/ons r:[at/ng to the character of development, such ~ the de'ails of site plans, relared public £a~ii~es and services, pa.wnent ira.react cr other :-~s, or other m~qsu_res that nm;,' be needed to mitigate probable adverse envirorwnenml impacts. (Ord. 4567, .-~nended, 9/19/96) 21.02.870 (a) procedure: GENERAL PROCESShNG PROCEDURES. Determination of proper (1) The Director or Ms/her 21-59 Attachment 2 NOTICE REQUIREMENTS l)etermination Notice of DECISIONS of Notice of Pre-decision Notice of Notice of Notice of Compl,eteness Application Public llearing Decision Appeal Final Decision Type I Decisons No None ' No No Yes If appealed Type II Decisions appeals to Council > Short Subdivision Yes Yes No Yes Yes If appealed ~ Variance Yes Yes No Yes Yes If appealed >- Admin. SUP Yes Yes No Yes Yes If appealed > Z.O. Spec. Exception Yes Yes No Yes Yes If appealed > Minor Plat Amend. Yes Yes No Yes Yes If appealed ~ SEPA Determination Yes No No Some cases Yes If appealed ~ Env. Area Detennin. No No No Yes Yes If appealed :r..- Design Review Yes Yes No Yes Yes If appealed ~ Interpretation No No No Yes Yes If appealed Type III Decisions appeals to court ~ Prelim. Subdiv. Plat Yes Yes Yes No No Yes :~ Final Subdiv. Plat Yes Yes Yes No No Yes > Vacation of Subdiv. Yes Yes Yes No No Yes :~ Planned Unit Dev. Yes Yes Yes No No Yes :~ PUD Major Amend. Yes Yes Yes No No Yes ~ Binding Site Plau Yes Yes Yes No No Yes ~ Non-admin. SUP Yes Yes Yes No No Yes :~ Rezone Yes Yes Yes No No Yes :~ Develop. Agreement Yes No Yes No No Yes l')ctcrmin:ttion Notice of ACTIONS of Notice of Public Notice of Notice of Notice of Completeness Application tlearing Decision Appeal Final Decision Type IV Decisions appeals to court :~ Annexation No Yes Yes No No Yes ~ Urban Renewal Plan No Yes Yes No No Yes :x,- Dist./Neigh. Plan No Yes Yes No No Yes ~ Comp. Plan Amend. No Yes Yes No No Yes ~ Dev. Reg. Adopt. No Yes Yes No No Yes :~ Dev. Reg. Amend. No Yes Yes No No Yes Shoreline Decisions :~ Sub. Dev. Permit Yes Yes No Yes Yes if appealed ~ Cond. Use Permit Yes Yes Yes Yes Yes If appealed :~ Variance Yes Yes Yes Yes Yes If appealed ~ Permit Revision Yes Yes No Yes Yes If appealed :~ Master Program Yes Yes Yes Yes No * YES Am,endment Appeals of Masler Program decisio,~s are heard by Central Pt,get SOlllld Growth l~lallitgelllellt l learings l~oard. Attachment 3 Estimated Staff Costs for Selected Permits BDS II Office Assistant Planning Manager Permit Type Cost @ Cost @ Cost @ Permit Net Time $26.66 per hour Time $19.87 per hour Time $35.59 per hour Total Fees Difference Special Use Permit Public Hearing 20.0 $533.20 0.5 $9.94 5.0 $177.95 $ 721.09 $ 486.00 $ (235.09' Administrative 10.0 $266.60 0.0 $0.00 1.5 $53.39 $ 319.99 $ 229.00 $ (90.9~ Short Plats 9.0 $239.94 0.0 $0.00 1.0 $35.59 $ 275.53 $ 288.00 $ 12.47 Preliminary Plats 30.0 $799.80 0.5 $9.94 5.0 $177.95 $ 987.69 $1,326.00 $ 338.32 SEPA Checklist Review 7.5 $199.95 0.0 $0.00 0.5 $17.80 $ 217.75 $ 126.00 $ (91.75) Shoreline Substantial Dev. Permit 18.0 $479.88 1.0 $19.87 1.0 $35.59 $ 535.34 $ 607.00 $ 71.66 Variance 18.0 $479.88 1.0 $19.87 5.0 $177.95 $ 677.70 $ 307.00 $ (370.70) Attachment 4 Comparison of Land Use Fees with Selected Jurisdictions Preliminary Short Conditional SEPA Shoreline Community Plats Plats Use Checklist Sub. Dev. Variance Bremerton $706+$124/1ot $96/1ot $229 adm. $126 $607 $307 $486+$24/20,000 sq. fl. Kitsap County $1000 $400 $1000 $150 $500/1000 $150 Poulsbo $2000 + $25/1ot $500 $500 $150 $600 + $60/du $400 Port Orchard* $300 + $30/1ot $100 + $15/lot $250 $75 $150 $100 Bainbridge Island* $2000+$100/loi $875+$100/1ot $1000 $150 $500 $250 Olympia $1500-t- $350/lot 4- $500+ $500 $1500+ $500+ $25/Io1+ $25/Iot+ $500 for HE $1500 for HE $500 for HE $2/linear frontage ft.$2/linear frontage fl. Gi~: Harbor* $550+$25/1ot $200+$25/1ot $450 $150 $350/$10,000 $450 Tacoma $2500 to $2600+ $800 to $1600 $3000** $300 to $1500 $500 for SF $500 for SF $75/1ot over 10 lots $4000 to $7000 $1500 *As of 1/1/98; Source: "AWC 1998 Tax & User Fee Survey, Part II Land Use Fees" AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ?r..~TQ c~ , regarding recovery of fees for the abatement of garbage, debris and an unsafe structure on the property located at 615 - 11* Street. FOR AGENDA OF: June 16, 1999 ORIGINATING DEPT.: Economic and Community Development Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. ecessary) /~/~ Comm. Dev. Dir.: ~?'L~.~¥~_~. --~ Ci~ Clerk: Ci~ A~omey: · _ EXHIBITS: 1. Resolution # 2. Clerk Report 3. Photos ENDORSEMENT ~/INFO~TION _ APPROVED BY COUNCIL PRESIDENT FOR/SUBMITfJ'AL:/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION- On April 20, 1999, the City removed a failing roof, furniture, appliances, and other garbage and debris, and fenced the perimeter of a garage structure located at 615 - 11~a Street after the owners, Lloyd and Betty Hockett, failed to do so as ordered by the Building Official. The cost of the work. including administrative fees, totaled $3,159.02. Council must now decide if the fees are just and reasonable and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution #?- TM '~ a / ~ [, order that the fees incurred for the abatement of a failing roof, furniture, appliances, and other debris and garbage and fencing of the perimeter of the garage located at 615 - 11th Street be collected as reasonable abatement costs and become a lien against the property.. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED 2. CLEARANCE COMMENTS: 0 0 IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. I~PACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES. The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION # A RESOLUTION reviewing charges for the abatement of a failing roof, removal of appliances, furniture, garbage, and debris and fencing the perimeter of the garage structure on the property, at 615 - 11th Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for the abatement of a failing roof, removal of appliances, furniture, garbage, and debris and fencing the perimeter of the garage structure on the property located at 615 - 11th Street; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how' they should be collected; and has considered the report of charges filed bv the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 615 - 11~h Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement char,gthes included in the report of the Building Official in the amount of $~,159.0_ for the property located at 615 - 11 Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of MIKE SHEPHERD Council President 53- CITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: May 17, 1999 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS II ~ Public Hearing for June 16, 1999 Phil Berry, Judy Johnson The City of Bremerton removed a failing roof, appliances, furniture, garbage and debris and installed a perimeter fence around the garage structure located at 615 - 11~h Street after the owners, Lloyd and Betty Hocketh failed to do so as ordered by the Building Official. The cost of the work, including administrative fees, totaled $3,159.02. I have scheduled a public heating for June 16, 1999 for Council to decide if the fees are just and how they should be collected. Equal Opportunity Employer CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE .5/i2/99 TRa~NSFER~ 10012 TO COMPLETE THIS FOtLM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Building Department FROM 2xAbatements PWO-STREET DMSION (REVENUE DEPARTMENT) .1~ (~NDITCqLE DEP3~RTMENT) DESCRIPTION TOTAL Charges per attached summary for: April 1999 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL BLAB $719.43 $530.00 $1,562.45 $0.00 S2,$1 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $2,811.88 (Sign REVENU~EPARTME~¢ S'~ERVISO R (Sign Here) EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 5/12/99 1 I..47..54 AM CITY OF BREMERTON Page PWO-STREET DD/ISION Customer: BLAB Date ID Numbers 4/2/99 s~oo3s 990826 0053 3015 0054 DUMPIN 4/20/99 $D99O035 99o913 0909 3025 3093 0524 3060 3039 0583 3057 3091 DUMPOU DUMPAP 4/22/99 srmoo3~ 9o,~o~ 009956 4/30/99 smsoo_~6 ~,o~7 0524 3013 005 I 3015 190,I i95i 3078 80370K 80-102 Building Department - Abatements Description BLAB-315 E.30th,remove carpet, pad, scraps Terry Devery '92 GMC 1-TON P/U Bill Edwards Dump Fees - Oly. View Sanitary, Landfill BLAB-remove garage roofs at 615 1 lth St. Clean up Brian Brewer '93 GMC 1-TON DUMP 1988 hat'l 12 yard Dump Track Colen Corey '91 GMC S-15 4X4 EXT. CAB P/U '94 ID410 BACKHOE Mark A. Thompson '90 DODGE 1-TON (DIESEL) 1987 lnt'l 12 yard Dump Track Regular 1.00 hr 1.00 hr 1.00 hr 2.00 yd 6.00 hr 3.00 hr 3.00 hr 4.00 hr 4.00 hr 4.00 hr 6.00 hr 1.00 hr 5.00 hr Dump Fees - Oly. View Sammry Landfill 40.00 yd Dump appliances at Oly.View San. Landfill 3.00 in BLAB-remove garage roofs at 615 1 lth St. Installation of 64' of 4' high cram link fencing. H & H Fencing Constr. 615 llth Street BLAB 2039 Lower Wheaton Way/Bridgetender Boarding up Colen Corey '92 GMC 1-TON P/U 1.00 hr Scott Corey 1.00 hr '92 GMC 1-TON P/L' 2.00 hr Jim Iovinelti Anthony Iovinelli 2.00 hr '95 1-TON CHEVY 1.00 hr Kitsap Lumber - CdLX 1,;2" 4x8 1.00 m Kitsap Lumber - cdx 1/2" 4x8 (12 sheets) 1.00 in 1.00 in Overtime Costs 1.00 hr 1.00 hr 1.00 ~ 1.00 hr S31.I5 59.00 53I.I5 520.76 5186.90 $24.00 S102.00 5124.60 524.00 5156.00 S186.90 59.00 $170.00 $830.40 S45.00 $481 S31.15 59.00 562.30 518.00 531.15 534.!3 59.00 S46.27 $138.S0 52.811.S8 Work Order History 5/6/99 1 I:36:$$ AM CITY OF BREMERTON PWO-STREET Di%TSION Work Order #: SD990038 Project #: N4014280 Customer: BLAB Work Type: MR Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location ED: I History #: 1 Title: BL.M3-315 E.30th.remove carpet, pad, scraps .Ancillary. Operations Build/rig Department Abatements ROADWAY MAENTENANCE Colen Corey Colen Corey Unspecified Location Unspecified Equipment Work Description Status: F Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: $0 Date Entered: 4, 2.99 Date Updated: 5/6/99 7:48:14 AN[_ Date Targeted: 6., 5, 99 Date .Assigned: 4,2.99 Date Started: a. 2 99 Date Finished: 4, 2.99 990826 N~ 14280 No BLAB 0053 3015 0054 DUMPIN BLAB-315 E.30th,remove carpet,pad, scraps Terry. Devery '92 GMC 1-TON Bill Edwards Dump Fees - Oly. Viexv Sanitary. Landfill 1.00 hr $31.15 1.00 hr S9.00 1.00 hr S31.15 2.00 yd 520.76 2.00 hr 0.00 hr 592.06 Labor: Benefits: Equipment: Materials: Sales Tax: Total: S/3EM. ARY FOR WORKORDER: SD990038 562.30 $0.00 59.00 $20.76 $0.00 592.06 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 2.00 0.00 2.00 t.00 0.00 l.O0 SD990038 Page 1 Work Order History 5/12/99 11..44..52 AM CITY OF BREMERTON ~" PWO-STREET D1WISION Work Order #: SD990035 Title: BLAB-remove garage roofs at 615 1 lth St. Status: S Labor Hours Estimate: Project #: N4014280 Ancillary, Operations Materials Estimate: $0 Customer: BLAB Building Department Abatements Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered:. 3 31 99 Supervisor: 0524 Colen Corey Date Updated: 5;'6/99 7:48:~4 AM Lead Employee: 0524 Colen Corey Date Targeted: 6599- Priority.: 1 Date Assigned: 3 31 99 Location ID: 1 Unspecified Location Date Started: 4, 20, 99 History #: 1 Unspecified Equipment Date Finished: 4, 22.99 Work Description Demolish roof on garages, remove garbage & debris and fence remaining concrete walls. 4a0~ N40m80 BLAB-remove garage roofs at 615 1 lth St. Clean up 990913 No BLAB 0909 Brian Brewer 6.00 hr S 186.90 3025 '93 GMC 1-TON DUMP 3.00 hr 524.00 3093 1988 Int'l 12 yard Dump Truck 3.00 hr $102.00 0524 Colen Corey 4.00 hr $124.60 3060 '91 GMC S-15 4X4 EXT. CAB P/U 4.00 hr 524.00 3039 '94 ID410 BACKHOE 4.00 hr $I56.00 0583 Mark A. Thompson 6.00 hr 5186.90 3057 '90 DODGE 1-TON (DIESEL) 1.00 hr $9.00 3091 1987 Int'l 12 yard Dump Truck 5.00 hr S 1-0.00 DUi~v[POU Dump Fees - Oly. View Sanitary Landfill 40.00 yd 5530.40 DU~AP Dump appliances at Oly. View San. Landfill 3.00 in $z5.00 4/12/99 N4o14280 BL,X~B-remove garage roofs at 615 11 th St. Installation of 64' of 4' kigh chain link fencing. 991 I06 No BLAB 009956 H & H Fencing Consrr. 615 1 lth Street 1.00 in $48~.22 16.00 hr 0.00 lx 52.3z0.0£ SUNE~IARY FOR WORKORDER: SD990035 Labor: 5498.40 Benefits: $0.00 Equipment: S485.00 Materials: 51.356.62 Sales Tax: $0.00 Total: $2,340.02 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 16.00 0.00 !6.00 20.00 0.00 20.00 SD990035 Page Work Order History 5/6/99 ! !:40:5! AM CITY OF BtLEMERTON PWO-STILEET DIVISION Work Order it: SD980056 Title: BLAB 2039 Lower Wheaton WayFBridgete Status: F Labor Hours Estimate: 0 Project #: N4014280 .Ancillary Operations Materials Estimate: $0 Customer: BLAB Buiidmg Department Abatements Equipment Estimate: 50 Work Type: AO ANCILL)uRY OPERATIONS Date Entered: a, 1 98 Supervisor: 0061 Riley Thompson Date Updated: 5;6/99 7:48:I-: A.M Lead Employee: 0524 Colen Corey Date Ta. rgeted: 6, 5 99 Priority: 1 Date Assigned: 4~ 1.98 Location ID: 1 Unspecified Location Date Started: ~, 3,,98 History, #: 1 Unspecified Equipment Date Finished: 4, 30,99 ~,Vor k Description Board up ali windows and secure building, make sure no one is inside before secUring.Will need 15 sheers of 1/2 tach plywood. 4/30199 991057 s~o~42~o BL,M3 2039 Lower Wheaton Way/Bndgetender Boarding up No BLAB 0524 Cole2 Corey 3013 '92 GMC 1-TON WLT 1.00 0051 Scott Corey 1.00 3015 '92 GMC i-TON p/-LI 2.00 1904 Jim Iovinelh 195 t 3m~ony Iovinelli 2.00 3078 '95 t-TON CHEVY 1.00 80370K K/rsaD Lumber - cd.x i/2' 4x8 1.00 80402 Kirsap Lumber - ccLx I/'2" 4x8 (12 sheets) 1.00 ].00 hr in m 1.00 hr 1.00 hr 1.00 hr 1.00 hr 4.00 hr 531.15 S9.00 S62.30 $18.00 S3!.!5 S3-'.!3 59.00 Sz6.27 $1]S.SO 53-9.30 SLLNL-'vLARY FOR WORKORDER: SD980056 Labor: 5158.73 Benefits: $0.00 Equipment: 536.00 Materials: $185.07 Sales Tax: $0.00 Total: 5379.50 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 3.00 4.00 7.00 4.00 0.00 4.00 SD980056 Page