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HomeMy WebLinkAbout08/11/99 AGENDACITY COUNCIL AGENDA AUGUST 11, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. · General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance ° 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. A. Minutes of Meeting - July 14, 1999 #AB99-150 CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Confirmation of Robert Forbes to Chief of Police B. Exercise Option to Purchase Property from Puget Sound Energy C. HOME Funding for Homeownership D. Amend $15,000 from Revolving Loan Program to Small Business Development Center (SBDC) Activity #AB99-151 #AB99-152 #AB99-153 #AB99-154 (CONTINUED ON BACK) o NEW BUSINESS continued... E. Purchase Order Request for Railroad Flatcar Bridge Deck For Lower Union River Road Intedocal Agreement with Department of Corrections for Jail Beds // G. Change Order No. 4 for Corrosion Control Facility #AB99-155 #AB99-156 #AB99-157 ,-~ ( 10. ORDINANCES Ordinance (First Reading) Repealing B.M.C. Chapter 2.80, "Rulemakinq Procedures" in its entirety ,-/ B. Ordinance (First Reading) and Summary Relating to Vacation of Public Rights-of-Way (B.M.C. Chapter 11.20); and amending B.M.C. Chapter 21.02.850 #AB99-158 55 #AB99-159 Ordinance (First Reading) Setting Fees for Vacation Of Public Rights-of-Way #AB99-160 ~ 11. RESOLUTIONS 12. PUBLIC HEARING - 6:00 P.M. OR LATER A. Resolution No. 2720, Recovery of Fees for Removal Of Vegetation at the listed addresses Resolution No. 2721, Recovery of Fees for Garbage Abatement at 1216 Park Avenue #AB99-163 c(8 #AB99-164 t 0"~ 13. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY C01INCIL MINUTES OF MEETING -- JULY 14, 1999 FOR AGENDA CF: ORIGINATING DEFT: ORIGINATOR: DATE SUBMITTED: AUGUST 11, 1999 CITY COUNCIL MIKE SHEPHERDz PRESIDE) JULY 26~ 1999 2. ~: (comment on back 3. ~: if necessary_) ENDORSEM]ENT__ INFORMATION, MAYOR APPROVED BY COB~NCIL P.~ES iDF~NT/~QR~%7/~FMiTTAL: tonsil 4. ~UM3LARY STATEMENT AND REOUIREMENT FOR COLVNCIL ACTION: 8. R$CO55fENDATION: o RESPONSIBLE OFFiCiAL: ENFORCEMiENT OFFiCiAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DATE: DISAPPROVED D~D i!. AGENDA BILL NO: TAPES #1630 & #1631 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES July 14, 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, July 14, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, John Law, Cecil McConnell, and Wayne ©lsen. Council member Lon Overson was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Loft Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Mr. Ken Friesen, Secondary Principal of Kings West Secondary School. President Shepherd made the following announcements: (1) City Council held a Study Session pdor to the meeting to discuss general Council business; (2) Item 10(A) under Ordinances would be pulled from the Agenda tonight; and (3) City Council would hold a Study Session following the City Council Meeting to discuss the "Draft Street Vacation Ordinance". CONSENT AGENDA- There were no Consent Agenda items tonight. 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. #0023 M/S/C/U (Montgomery/Arends) On July 14, 1999, the Council does approve for payment those vouchers included and further described as follows: 232317 - 232635 in the amount of $1,700,461.76. COUNCIL MEMBER REPORTS Mr. McConnell received positive input to continue District 2 meetings, therefore information on the next meeting would be forthcoming. Mr. Law stated that District 3 will not hold meetings during the months of July and August, therefore the next meeting would be held Tuesday September 21. He encouraged any citizen with questions or concerns in the meantime, to contact him or the Council office. Mr. Fart thanked the members of "World Changers" for all of their hard work in the community. Mrs. Arends also congratulated the members of "World Changers" for the great job they are doing, and wished members of Charleston Baptist Church best wishes in their new location. Mr, Montgomery read a brief report on some of the houses the "World Changers" group worked on while here, and thanked all of them for their hard work. In addition, he personally thanked Bob & Claudette Tulp for brining them to Bremerton. President Shepherd reported he visited with the group from "World Changers", and commented they are an "amazing group" of people, and very well organized. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 2 of 7 MAYOR'S REPORT - There was no report this evening. President She.~herd read a Proclamation in the Mayor's absence, proclaiming the week of July 10 through 17, 1999 as "World Changers Week". JerTy and Sharon King accepted the Proclamation. Marylyn Waibel was also acknowledged for coordinating efforts on behalf of the City. LEGISLATIVE REPORT President She_oherd addressed the issue of reading letters during City Council meetings, and stated that although it is stated in the Council Rules & Procedures that letters written to City officials will not be read, exceptions can be made at the discretion of the Chair for the particular meeting. President She.Dherd further announced that he would use his prerogative to restrict personal attacks and maintain civility between members of the public, City Council members, and City staff. PUBLIC RECOGNITION Jodi Wroblewski, on behalf of the Parks Department and Suquamish Tribe, invited members of the public to participate in the shell midden presentation on Saturday, July 17 at Evergreen Park. Please call 478-5305 for reservations. She also announced the Field of Blues concert on Sunday, July 18. Dave Willis provided a letter expressing his concerns regarding safety issues on Burwell Street. Beverly Kincaid, President of the Historic Ships Society, invited the Council and members of the public to a Memorial Service for Korean War Veterans on Sunday, July 25, 1999 at 9:00 A.M., aboard the U.S.S. Turner Joy. Carol Atkinson, Bremerton Main Street Association, announced a series of "Concerts on the Boardwalk" begin this Friday night, and a schedule of future performers is now available. She thanked the sponsors who make these events possible, and everyone to come and enjoy. John Thomas and Paul Drnjevic voiced their concerns that the City Council has still not adequately addressed what their intentions were regarding the disposition of the fluoride equipment. Susan Brown addressed the issue of civility, and believes things are improving. She expressed the need for Council to now address the City Council Rules & Procedures. 9A- PROFESSIONAL SERVICES AGREEMENT FOR BRIDGE DESIGN, #AB99-132 Bill McKinney, Forestry Manager, displayed a visual and reported that the requested agreement with Art Anderson Associates is to provide survey, geo-technical, design and construction documents (to include plans, specifications, and estimates) for replacement of an existing Icg stringer bridge with a designed railway fiat car deck and associated abutments. This bridge crossing serves as the only access to the base of Casad Dam and the control structure for the purposes of inspection, maintenance, and repair operations. The existing Icg stringer bridge is in very poor condition and is unsafe for heavy vehicles. The engineering services provided by this agreement would supply required information and documents to proceed with hydraulics permitting and construction. Replacement is scheduled for October of this year. Cost of professional services provided by this agreement is not to exceed $16,500. There were no comments from members of the pubfic. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 3 of 7 Mr. Mont_oomery questioned how the road would withstand the overflow of water that passes through a couple times a year. Mr. McKinney responded the City has already begun some repairs, such as resuffacing the area with "fibercrete", a concrete substance with fiber added, which will create a monolithic type structure to withstand the overflow. #'1032 M/S/C/U (Montgomery/Arends) Motion to approve and authorize the Mayor to execute the attached Professional Services Agreement in accordance with established administrative policies and procedures. 10B - ORDINANCE NO. 4658 (SECOND READING). VACATING A PORTION OF TF_,RRI~L DRIVE RIGHT OF WAY. #AB99-126 Randy Wit't, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the street vacation of a portion of Ten-et Avenue between 6"' Street and Burwell Street. There were no comments from members of the public. #1075 M/S/C/U (Arends/Law) Motion to pass Ordinance No. 4658 on second reading. 10C - ORDINANCE NO. 4659 (SECOND READING), VACATING A PORTION OF TAFT AVENUE RIGHT OF WAY, #AB99-127 Randy Witt, City Engineer, reiterated that on July 7, 1999. Council approved the ordinance on first reading for the vacation of the easterly portion of Taft Avenue between 19th Street and 20th Street. Mr. Witt clarified that this was a 40-foot right-of-way. There were no comments from members of the public. #1115 M/S/C/U (Montgomery/McConnell) Motion to pass Ordinance No. 4659 on second reading. 10D - ORDINANCE NO. 4660 (SECOND READING), VACATING A PORTION OF FORD AVENUE RIGHT OF WAY, #AB99-128 Randy Witt, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the vacation of the southerly portion of Ford Avenue between Kitsap Way and 13t' Street. There were no comments from members of the public. #1140 M/S/C/U (Arends/Montgomery) Motion to pass Ordinance No. 4660 on second reading. 10E - ORDINANCE NO. 4661 (SECOND READING), VACATING ALLEY AT WEST LINE OF IVY GREEN CEMETARY, #AB99-131 Randy Wit't, City Engineer, reiterated that on July 7, 1999, Council approved the ordinance on first reading for the vacation of the alley east of Whitney Avenue between 13t' Street and 15~ Street. Questions and comments from the public: Elizabeth Buell asked the location and reason for this street vacation. Mr. Witt provided a map showing the location, which is on the west side of the cemetery. He further explained the area was too narrow to provide any useful purpose, so it will be vacated to the adjoining property owners. #1212 M/S/C/U (Farr/OIsen) Motion to pass Ordinance No. 4661 on second reading. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 4 of 7 11A - PUBLIC HEARING AND RESOLUTION NO. 2712. APPEAL OF A SEPA THRESHOLD DETERMINATION QF NON-SIGNIFICANCE (DNS) FOR A 56-ACRE TIMBER HARVEST PERMIT ON CITY L, AND ZONED SF-1 LOCATED WEST OF ANDERSON HILL ROAD. #AB99-135 Jon Holan, Department of Community Development, reported the appellant is appealing the issuance of a SEPA DNS for a SEPA Checklist submitted for a Forest Application for a 56-acre timber harvest on land in a single-family residential (SF-1) Zoning District located west of Anderson Hill Road. The appellant states that the proposed harvest could be damaging to the environment and seeks Council review. Pursuant to Bremerton Municipal Code (BMC) Section 21.02.935 (b) (2), this Type ]~ decision can be appealed to the City Council. President Shepherd announced this was a Quasi-Judicial issue, and asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused? President Shepherd stated minimal communications were held with one constituent, and City staff. Mrs. Arends stated Jon Holan, DCD Planning Manager, provided her with additional material related to this issue. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine': Ali Council members remained seated. Mr. Holan stated the Association to Protect Anderson Creek filed this appeal. He provided additional staff report, in addition to showing a map which indicated the borders of the property, including the buffer area (which are more than required) on a portion of the adjacent property. He clarified the proposed area is 800 feet from Anderson Creek. He addressed the issues and concern over the soil and the potential for erosion once the forest practice ends. Questions and comments from the public: Roy Runyon provided a number of citizen signatures on a "Petition Against Clear-Cutting in the Anderson Creek Watershed", and asked Council to look at the pictures he provided before making a decision on this issue which he described as "urban sprawl" and "clear-cutting". Helen E. Havens- Saunders, President of the Association to Protect Anderson Creek, stated that on behalf of area residents and concerned citizens, there were numerous items of concern listed in their appeal, and that the proposed logging could be very damaging to the environment, both natural and human. They are asking for a complete environmental impact study of the cumulative effects of the current zoning of this project. Barring that outcome, they are requesting that the City's threshold determination be a mitigated one, and that more specific safeguards be built into the agreement before logging takes place. Noel Travis, Association to Protect Anderson Creek, stated he is not afraid of development and is in favor of economic development, but did not see the benefit of clear-cutting this property. Ron & Cheryl Kinney provided a letter, and reiterated their concerns and fears to the Council regarding the decision to "chop down a bunch of trees just for money". Mr. Holan responded that the benefit to the City would be $906,000 for the clear-cutting. Gene Sampley, Public Works Director, responded to the issue of costs. He explained this parcel has not been separated from the total development costs of $2.66 million. The City of Port Orchard will provide the cost for sewer service, and fire & emergency services will be provided through a Mutual Aid Agreement, with no direct costs to the City. The overall revenues to the City for this project are $3.3 million, which exceeds the value of the infrastructure that the City would be putting in. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 5 of 7 TAPE #1631 Mr. Farr asked if the City was being consistent with the County's Stormwater Management Plan for a logging operation of this size. Mr. Sam.Dley stated that the same forest practices for a County project would still apply through the requirements of the Forest Practices Act, and there are also provisions provided in the contract with the developer. Bill McKinney, Forestry Manager, further elaborated on the issue of sediment erosion, which he stated is very slight. He further stated that additional areas could be mapped out to represent where the buffers and critical areas are located. He suggested it might be more useful to have a "graphic representation" of actual locations marked on the ground indicating buffers, and which areas were to be avoided due to erodible soils or steep slopes. Mr, Fart asked if the concerns raised tonight could be addressed and implemented without going to a mitigated determination. Mr. Holan stated he believed the mapping could be provided under the current contract requirements. Ronald Sciepko addressed the issue of a 25-foot buffer required in the Forest Practice Application along Anderson Hill Road, which he was willing to accommodate with natural vegetation. Mr. McConnell asked for further clarification on the SEPA Checklist, specifically with future development, and clarification on "immediate vicinity".. He also wanted to be assured that endangered species were to be protected. Mr. McKi.nney responded the intent is to not completely remove all the trees in the area, but to leave approximately 20% of the current trees, and described "immediate vicinity" as the harvest area. He indicated that approximately 200 acres would remain City property, where a number of the species reside, and a large extent of the habitat will not be removed. There is nothing in the current contract to address the buffering along Anderson Hill Road, but the issue could be added as an addendum to the contract, and he assured Mr. McConnell that he would personally oversee the harvesting of the trees during the project. Mr. Law called attention to the fact that the property has been sold. Although he now has regrets, the property cannot be bought back, and therefore, the new owner has the right to do what he thinks is best with the property. For the public's information, he clarified that the "recharge" area was not on the Anderson Hill property, but from a much deeper aquifer, with wells approximately 1500' deep. Mr. McKinney further added that a geo-technical consultant recently completed a hydrologic survey and concluded that it is a protected aquifer, and negative impact to the water resource is not likely due to a series of impervious layers of soil. Mr. Montgomery stated he has personally walked the property with Mr. McKinney, and believes the SEPA Checklist addresses all concerns that may occur, and did not feel extending the buffer was necessary. #0755 The Main Motion was made to uphold the DNS by Mr. Montgomery, and seconded by Mr. Law. Discussion continued... Mr. McKinn..ey stated Mr. Sciepko has a set price to pay the utility, so anything removed will impact Mr. Sciepko financially. Mr. Sciepko stated that effectively, during the harvest period, there would be a 50-foot buffer rather than a 25-foot buffer by the time they remove only the merchantable and dangerous trees, which is fine with him. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 6 of 7 #1110 M/SIC (Reed/McConnell) Motion to amend the Main Motion to double the width of the buffer area from 25 feet to 50 feet and only remove marketable timber and dangerous trees along Anderson Hill Road, relevant to forest practice issues only, to lessen the impact on the neighborhood. Vote on motion: Motion carried. In favor: Opposed: Reed, Olsen, McConnell, Law, Farr, Arends, Shepherd Montgomery Mrs. Arends concurred with Mr. Law's comments and commended Mr. Sciepko for being so accommodating. President She.~herd referred to the Appeal of the Application, and asked why the City would consider the use of surface water from Anderson Creek as the "emergency water supply" for the City. Mr. SamDley clarified that the City has "water dghts" on Anderson Creek, and therefore did not want to change the designation even though it is not likely that it will be utilized except in an emergency. It is one of the key reasons the City maintained the strip of land. President She_oherd also asked if the City would perform a separate biological assessment to address the issue of endangered species. Mr. Holan responded that the Forest Practices Act has adopted emergency regulations with regard to endangered species, in particular, to preserve salmon, and the City is exceeding these requirements. #1337 M/S/C/U (Montgomery/Law) Main Motion to uphold the DNS, and pass Resolution No. 2712, provided the mapping requested be done at the earliest convenience. 11B PUBLIC HEARING FOR SPECIAL USE PERMIT T..O CHANGE AN EXISTING NON- CONFORMING USE SIGN SHOP TO AN AUTO REPAIR; APPLICANT: JONATHON CHANG; LOCATION: 1533 SHOREWOOD DRIVE, #AB99-134 Jon Holan, Planning Manager, reported that Council must decide if the applicant's Special Use Permit Application (SUP99-0006) meets the necessary tests and criteria for approval of a less intense nonconforming use. He further stated that the Planning Commission denied the Special Use Permit, and addressed a number of specific issues to support this decision, along with a brief staff report. President Shepherd announced this was also a Quasi-Judicial issue, and asked if any Counc# Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused? Mr. Law stated he knew a number of residents in the affected area, and has noticed the property over the years. He has heard the issue discussed many times, so he has knowledge of the property, however, he did not feel that would affect his ability to participate tonight. Mr. Reed stated that Mr. Chang contacted him questioning what to do with a "Cease & Desist Order" he had received, but he was referred to the Department of Community Development. In addition, since this business is located in his District, he received calls from constituents long before it became a City issue. He concluded that these past incidents did not preclude him from being impartial. Mr. Montgomery stated he received a number of phone calls from citizens on this issue, but also did not feel it had any affect on the decision being made tonight. Mr. McConnell and President Shepherd added that they have driven by the property. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine". Norae Larson felt that Mr. Reed could not remain impartial due to his being involved in the car business. MS. Malanca stated the "Appearance of Fairness" doctrine did not apply, and Mr. Reed could remain seated. President Shepherd declared that Mr. Reed, as well as other Council members, may remain seated. TAPES #1630 & #1631 City Council Reg. Mtg. Minutes July 14, 1999 Page 7 of 7 Members of the public who voiced their concerns to support that the Special Use Permit be denied: Norae Larson; Betty Davies; Lee Crawford; Do. ug Adams; Lawana Wartman; Ed S.Deakman; and Michele Lanham. Jonathan Chang stated the building was purchased in December with the understanding it was a "commercial building" for the use of a business. He knew the previous owner had used the building for repairing and detailing cars, so when he was approached by a gentleman who wanted to run the same type of business, he said "ok", and was not aware he was doing anything wrong. Mr. Chang applied for a Special Use Permit once he found out it was required. In the meantime, the other gentleman found another location for his auto detail business, so if the Special Use Permit is not approved, he stated he would then continue to operate the sign shop, but not tear down the building. Mr, McConnell pointed out that five criteria items must be met, and according to the information provided, only two have been met. He questioned if tax records from the previous business were checked. Mr. Holan stated that per advice from the Legal Department, the focus of this discussion was to remain on the Special Use Permit rather than the Non-Conforming Use. However, his staff is exploring the Non-Conforming Use issue, and they anticipate action in the near future. Mr. Law was concerned the posted "Cease & Desist" order was not adhered to, and the one-year vacated business issue was not addressed. He hoped if there are further appeals or discussions on this property in the future, these issues should be dealt with. He saw no reason to reverse the Planning Commission's recommendation. Mr. Holan confirmed that a "Cease & Desist" order and "Notice of Vacation" have both been issued, and his staff is currently working with the Police Department on citation issuance. Mr. Reed stated that since Mr. Chang has an existing sign business permit, and will run a business at this location, the issue for the neighborhood to decide is, do they want a controlled and limited automotive-related business, or a less-controlled sign shop? He suggested a continuance. Mr. Montgomery pointed out a number of concerns not addressed in the SEPA Rules Checklist. #3323 M/S/C (FardMontgomery) Motion to uphold the Planning Commission decision and deny the Special Use Permit. Vote on Motion: In Favor: Arends, Montgomery, Olsen, McConnell. Law, Farr, Shepherd Abstained: Reed Motion carried. With no further business meeting adjourned at 8:40 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File AGENDA BIT.T. BREMERTON CITY COUNCIL SUBJECT: Employment Contract - Robert Forbes Chief of Police FOR AGENDA OF: Au~usu !i, 199 ORiGINATiNG DPT. Executive CIGiNATOR: Mayor Hutton DATE SUBMITTED: Julv 28, 1999 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary3 Attorney ~ Con~rac~ 4. S~Y STATE~ ~ REQUIRE~NT FOR CO.OIL ACTION: Attached employment contract for Robert Forbes, Chief of Police. RECC. NSV~NDATiON: Mo:ton :c confirm Robert Forbes as Chief of Police. RESPONSIBLE OFFICiAl: Mayor HcrScn ENFORCEMENT OFFiCiAL: Mayor Her%on EXPiRATiON DATE: N/A REVIEW DATE: N/A PULLED TABLED CODiCiL DIRECTIVE: APPROVEi iATE: ii. AGENDA BELL NO: CLEARANCE COMMENTS (cont.): 4. SLRMMARY STATEMENT (cont. I : 5. I~fPACT ON NON-P~SSAGE: Police Department would not have a Chief. 6. iMPACT ON STAFFING, BUDGETS, FACiLiTiES, EQUiP.~r]ENT OR OTHER P. ESSURCES Bud~e5ed. 7. RESEARCH SOURCES: 10 EMPLOYMENT CONTRACT POLICE CFIlEF This Employment Contract ("Contract") is entered into this ~ day of August, 1999, by the City ofBremerton, a chartered, first class city and municipal corporation of the State of Washington ("City") and Robert D. Forbes ("Police Chief'). For the mutual consideration arising from this Contract, the parties agree as follows: Description of Services. The Police Chief agrees to provide full time professional services as defined in the job description for Police Chief, which is attached and incorporated by reference and which may be amended by the City pursuant to Civil Service rules. The Police Chief shall be expected to work at least 40 hours per week, inclusive of approved leave. Supervision. The parties agree that the Police Chief is an individual skilled in administration and management and can perform independent functions and responsibilities in his field of expertise. In the performance of these duties, the Police Chief shall work under the supervision of the Mayor. Term. The Police Chief shall serve commencin~ __ August 1999 and continuing until termination or removal by terms of this Contract. Compensation. Compensation shall begin at band 1, rate 5, $3,308.26 per semi-monthly pay period with a monthlv rate of approximately 6,617.00, and shall be adjusted to band 1, rate 6 following a satisfactory six-month review Compensation shall be adjusted as needed to conform with the Management and Professional Staff Compensation Program ("BMC 2.50"). Compensation shall be paid on the City's regular payroll system. Benefit~. The Police Chief shall receive benefits pursuant to BMC 2.50 and the laws of the State of Washington applicable to the position of police chief. Vacation is set at 25 days per year. The Police Chief shall carry over all accrued sick and vacation leave. Performance Reviews. Performance reviews shall be conducted annually bv the Mayor utilizing review standards and forms approved by the Human Resources Department. Discipline and Termination. The Police Chief is a Civil Service employee, and Civil Service Rules shall apply to discipline and termination actions. Retreat rights are governed by the accompanying Memorandum of Understanding ("MOU") until the anticipated Civil Service Commission actions detailed in the MOU are performed, at which point the MOU shall expire and the new Civil Service Rules will control. If the Police Chief wishes to terminate his employment, he shall provide the City not less than 30 days prior notice of the effective date of termination to afford the City a reasonable opportunity to find a replacement. If a replacement is found who can commence employment prior to the expiration of the 30 days, the parties may in good faith negotiate an earlier termination date. Memberships and Supplies. Memberships in professional organizations approved by the Page 1 Mayor shall be in the name of the City, to the extent allowed by law, and paid for by the City. All supplies, equipment, and materials purchased by the City for the Police Chief's use shall belong to the City. Oeneral Provisions. A. This Contract constitutes the entire agreement between the parties. There are no other agreements, written or oral, that have not been fully set forth in this Contract. B. This Contract can not be amended or modified without the written concurrence of both parties. C. All notices arising from this Contract shall be in writing and delivered to the respective parties at the following addresses: THE CITY POLICE CHIEF Human Resources Department 239 Fourth Street Bremerton, WA 98337 Robert D. Forbes, Chief of Police 239 Fourth Street Bremerton, WA 98337D. E. This Contract shall be interpreted in accordance with the laws of the State of Washington. All litigation shall be conducted in Kitsap County Superior Court. F. The invalidity or unenforceability of any provision of this Contract shall in no way affect the validity or enforceability of any other provision. G. Failure to insist on strict compliance with any term of this Contract shall not be deemed a waiver of that term or any other term or right under this Contract. Robert D. Forbes Chief of Police REVIEWED BY: CITY OF BREMERTON: Kathleen McCluskey Interim Human Resources Manager RECEIVED FOR FILING: Lynn Horton Mayor APPROVED AS TO FORM: Kathleen McCluskey City Clerk Glenna Malanca City Attorney Page 1 MEMORANDUM OF UNDERSTANDING CONCERNING RETREAT RIGHTS This Memorandum of Understanding ("MOLT") is entered into this __ day of August, 1999, by the City ofBremerton, a chartered, first class city and municipal corporation of the State of Washington ("City") and Robert D. Forbes ("Police Chief"). For the mutual consideration arising from this MOU, the parties agree as follows: 2. 3. 4. 5. The position of police chief is being reclassified as a Civil Service position. It has not yet been placed in a class series but will be placed at the head of the Police Series. The Civil Service Commission intends to clarify and improve its retreat rules in the near future. The Police Chief is being promoted from Lieutenant. Captain is presently the highest class in the series and consists of two positions, both filled. The parties wish to provide retreat rights for the Police Chief but do not wish to disturb the status quo in the Captain Class. The parties therefore agree that, for seniority purposes, time in grade as police chief shall count as time in grade for any class currently in the Police Series. Should the Police Chief retreat from the police chief position,, he would retreat to Captain Class. If on retreat the Captain positions are filled with incumbents of more seniority than the Police Chiefi as would presently be the case, a third Captain position would be created for the Police Chief to retreat into. Upon one of the ori~nal Captain positions being vacated, the Police Chief, if still employed as Captain, will be transferred to the open position, and the third Captain position shall terminate. If on retreat a Captain position is filled with an incumbent of less seniority than the Police Chief. normal bumping rules shall be followed. This MOU is in conformance with the proposed actions of the CMl Service Commission and so obviates the need to amend the parties' Employment Contract upon the Commission taking its proposed actions. Upon the occurrence of the Commission actions. this MOU will expire, and those actions will control. Robert D. Forbes Chief of Police REVIEWED BY: APPROVED AS TO FORUM: Kathleen McCluskey Interim Human Resources Manager Glenna Malanca City Attorney Page 1 RECEIVED FOR FILING: CITY OF BREMERTON: Kathleen McCluskey City Clerk Lynn Honon Mayor Page 2 CITY OF BRKMERTON Ciasslfl~mtion S~iflcatlons July 1993 TITLE: POLICE CHIEF No. 4100 ESSENTIAL FUNCIION Under the poi/o/direction of the Mayor, respona'ole for exerds/ng local police powers and managing crime prevention and law mforcement, parking, and an/mai control code enforcement operationa in conformance with applicable statutes, DISTINGUISHING CHARACTERISTICS This is an executive management law enforcement ctn-..~ficat/on with responsibility for managing and directing City law enforcement and crime prevention work and activity. ESSENTIAL DUTIES Local Police Powers: Serve~ as the c.~ief law enforcement and p~___~_, officer of the City. Eztablishes professional standards for law enforcement programs. Evaluates opportunities for de~oping crime prevention and law enfor~emeat facilifiea and service~ Commanth ail polic~ personnel and ac~/vity including ~otm and arresta for br~__,zh_ of the peace and commimion of crimea,~and execution of ail proce~ ~ by committing magistratea of competent juri.ndiction. Advit~ on all law enforcement legislative matters. Department Qper~tions: Directs and implementa changes to department ~a-vices and funding l~-vela, operating poi/de.a, standards, procedurea and rules. Monkors budget and aery/ce contr~ compliance control sy~tem~ E,~tab~ work methods, sel~tz operating systems, equ/pment and procedures. Prepares reports on department service act/v/fy and opera- Progam Buthtet/~. Quantifies and describes program activity, ~ads and resources; emablishes obje~xivee4 justifies and presents funding requirements for the department's short and long range resource allocation levels for personnel, services and mpplies, capital equipment and facilities acquiait/on, maintenance and repair for the department as a whole and for special depan~nental projects- Department Organization: Establi.shes the internal organizat/onal structure of the department: ass/gna duties to positions within the department, arranges for classification of pos/t/on.n, and obtains budget author/ty for fund/r~ pos/tions. Serve~ aa appointing authority for all employeea of the department. Supervises and/or d/recta the superv/s/on, selection, training, evaluation, di~pline and discharge of department personnel General City Ma~.ageraent: Responds to inquiries from officia~ st, afl, outs/de agendes and the public. Participates in policy development condderations of City offidals such as setting genera[ budget pr/or/ties, contract negotiation stratel$/es, capital improvement programs, etc. Participates in civic, community and law enforcement organizations. Perforrn~ other assigned work which ia consistent with the responsibilities as.~ed to the classification and neceasaty to the operations of the department and/or the City. REQUIRED QUALIFICATIONS Knowledge of: Prmciple~ practicea, methods and technical support funaions of law enforcement services; Current professional standards applicable to law enforcement services; Fundamental intent and basic provisions of municipal, s~ate and federal financing mechanisms for law enforcement services; Techniques used for gathering, evaluating and summarizing police department serv/ce information in preparing budgets; Management, personnel and ethical practices as they apply to municipal police department operations. Essential Abilities Able tq: Apply professional law enforcement principles to specific service program operations; Interpret and apply the intent and spec/tic prov/sions of laws and regulatory prov/sions to particular conditions and determine a course of action; Evaluate, plan and establish a proper sequence of act/on for multiple functional units and personnel to accomplish goala; Pr0v/de verbal and written dh'ectives, information and adv/ce to a wide variety of people and of tic/als; Apply the principles of equal employment opportunity, alTmnative action and the Americans with Disabilkies Act i~ managing personnel and service functions; Persuasively and ethically communicate ideas and assert a point o[ view ~ complex or controversial situations; Ex, bit and instill in subordinates a high public service priority in contaas with the public and othe~ encountered in the work; CHT OF BREMERTON Oassiacatioe $~_,~cJqcatiom July 1993 'IT~E: POLICE CHI~F No. 4100 ~te police vehicle~ itu'carina, radios and other office and law enforcement communications devices. Develop and implemem operating methods which provide a hi&h degree of public safety. REQUIRED LICENb~.~ AND CF..RrI~C. ATIONS valid Washington State drivt~r's license is required and must be obtained prior to date of appointment or another date ~y the City. Chialifvin~ T~ and Exueri,'ence Combined training and experience vd.ich da, uon.m~_t__es th,,t a pemson has obtained the r~quired kaowledge and ~ abl~ to perf0nn the work required (with reasonable a__ccommodation, if necessmT). In the law enforcement profession, a person with the followh-~g combined training and e:xI~."Tience would typically qual~ to compete in a selection proce~ Bachelor's Degree. in Police Science, Criminology, Public Administration or closely r~dated fieht and ten (10) y~ar~ of full-time paid experience at least three of which involved commanding and supervising multiple units of active duty ~ personnel. FAIR LABOR STANDARDS ACT: The position qualifies for exeanption from the Fair Labor Standards Ac~ minimum wage and ova-time provisions under the Act's Executive Employees Employees ex~mt~on. REPRESENTATION: The poskion is excluded from the uniformed bargaining unix pursuant to Washington Public Employment Relations Commission Decision No. 2371 - PECB dated the 10th clay of January, 1986 as: 'All full-time and regular pan-time uniformed employees holding the rank of s~'rg~nt or below in the Bremenon police Department; excluding all confidential or supetwiso~7 and other employees of the emtployc-r.' CIVIL SHRVIC]~: The cln~i~ication is included in Civil Ser,4ce pursuant the Bremerton City Chart~= Article IX Civ~ Service Section 35. Commission Rules and Powers: c. All full paid employees of the Flr~ department and Police department of the City shaU be included under the provisions of this article, and all existing provisions of State Law pertaining to such employees shall be substantially complied with by the Commi~on. State law p~ovides for voluntary waiver of Civil Service rights by appointees to position of Police and Fire Chief. Posted by Civil Service 7/20/~3; final appeal dat~ $/3/93; no appeals filed. APPOINTMENT AUTHORITY: The position is Flied by Mayoral appointment pursuant to City Charter Article IV Section 19 which states, in reit-rant part:. ~l'he Mayor shall apt~int the Chief of Police._.' Appointment is to be confh-med by City Council pursuant to City Chartur Article III Section 8 which states in relevant pan: 'The Mayor ...ahail make all appointments of administrative heads with com"u'mation ~y the City council.' Removal is by action of the Mayor in conformance Civil Service Rules, if Civil Service rights have not been waived by an incumbent. ~:~ ~ ~kf.~ ~ ~ ~.,' -- --x Prea/dent, C/ty Councik Date of Council Agenda: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ~Exercise Option to Purchase Property fi.om Puget Sound Energy FOR AGENDA OF: ORIGINATTNG DEPT: ORIGINATOR: DATE SUBMITTED: Au~mlst 11. 1999 Legal Glenna Malan¢~2 City Attorney A ~ugust 5, 1999 2. CLEARANCES3 (Comment on back if necessary) %le~m~ }Vlala~a~ City Attorney 3. EXltIBITS: Option Agreement in Lieu of Condemnation Council Study Sessions Fiscal & Budget Committee operations domm~tt~e ENDORSEMENT~ORMATION [] APPROVED BY COUNCIL PRESIDENT FORSSJBMLTTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Parks Department has requested that the City, exercise its option to purchase property from Puget Sound Energy Inc. as provided in the Option Agreement in Lieu of Condemnation, section 3. executed August 19. 1997, copy attached. The purchase price is One Dollar ($1.00) and will benefit the Evergreen Park Expansion project. This action can be taken bv motion. 8. RECOMMENDATION: Record Motion: The City, of Bremerton shall exercise its right to purchase property.' fi-om Puget Sound Energy, Inc. pursuant to the parties' Option Agreement in Lieu of Condemnation dated August 19. 1997. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Could restrict access and limit expansion possibilities for the Evergreen Park expansion. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: OPTION AGI~EMENT IN LIXU OF CONDEMNATION This Option Agreement in Lieu of Condemnation ("Agreement") is made betweea PUGET SOUND ENERGY, INC., a Washington corporation, formerly known as Puget Sound Power & Light Company ("PSE"), and CITY OF BREMERTON, a municipal corporation of the State of Washington ("City"), with reference to the following facts: A. PSE has an mtere~ in that cgrmin real p~ located in B~on, Washington, the legal description of which is set forth in Exhibit A attached hereto (the "PSE Property"). B. PSE is also the grantee of certain rigJ~s in t~ adjoining propezty, commonly known az the Lofthus Property, the legal descrip~on of which is set forth in Exhibit B axtached hm~to (tb~ "Lofthus Property"). These rights concern thc anchor and guy wires that are used to support the steel tran_~mi~'ion tower and related utility facilities located on the PSE Property and are more l:~rdcniufl'y dcs~"iix~ in an indenture dated April 22, 1929, a copy of which is attached hereto as Exhibit C (tl~ C. City has filed a petition for condemnation in the Kitsap County Superior Court, Cause No. 96-2-03759-3 (the "Covtt~mnution Action"). The petition for condemnation seeks to acquire both the PSE Property and the Lofthus Property for use as additions to Ci .ry's Evergre(m Park PSE is a defendant D. In conjunction with its planned expansion of the Evergreen Park, City. plans to conduct an environmental invesUgaUon and remediation of the Lofthus Property, thc PSE Property, and other pmpemes in the area, and then to use the PSE Property, to the ex-mm it is not need~i for uUti~ purposes, for park purposes. E. PSE is willing to agree to Ci .ty's plans and convey to City .'he property rights described below, but only on the terms and conditions set forth hereto. NoW: therefore, m consideration of the mutual covenants hereto contained and subject to the terms and conditions of this Agreement, the parties agr~ as follows: 1. Access to PSE Property. PSE hereby gives City. and its employees, conwactors and agents a non-exclusive, revocable license for access to the PSE Property for the following lira/ted purposes: (a) Inspecting the PSE Property, including without limitation conducting any survey of the site, provided that all such activities must be completed within two (2) years of the effective date of this Agreement. Co) Conducting an environmental investigation of the PSE Property including, without limitation, drilling, testing, soil and groundwater sampling and installation of monitoring wells on the PSE Property, provided that all such activities must be completed within two (2) years of the ~ve date of this Agreement. [07772-2833/BA_971150.001 ] 7/30/97 (c) ff City exercises the "OpUon" pursuanI to SecUon 3 of khis Agreement, conducting such acUvities as may be required for remediation of the area including the PSE Property in conjunCUon w~th a cleanup action plan approved by the Washington Department of Ecology ("Ecology"). 2. Conditions of Access. The aCUviues conducted p~t to the right of access pursuant to Section I of this Agreement shall be referred to as the "Work". With regard to the Work, City agrees to the following terms and conditions: (a) Before accessing the PSE Property, City shall give PSE advance notice of when it wants to enter the site, and shall describe the proposed Work. the schedule for the acUvity and the persons who would be entering the site. Co) If the proposed Work involves any environmental invesUgation or remediation, City shall provide PSE with a written description of such activin, allow PSE a reasonable time in which to comment on the proposed activity and consider, in good fa/th, any. comments timely submitted by PSE. (c) City s~il coordinam the time_ and manner of any Work such th.~ PSE may be able to ~ave its own observers presem, aI PSE's expense, during any Work. (d) City shall provide PSE with copies of all dam, reports and mforma~ion generated by or for City with respect to the Work or regarding the proposed cteam~, if any, of the area including the PSE Property. City shall d~ so promptly upon Rs receipt or geaeration of ~uch dam ami i~ormation The parties agree that such data. reluorts and information ~hnil be confidential and sh:mil not be disclosed to auy third parties without the prior consent of the other party eoccept thai (i) ~ither party may disclose such to a goverrmaental agency if, in its sole determination, such reporting is required by applicable laws, (ii) either party may disclose such to its consul~nnts or ad'visors for the purpose of evaluating the em6ronmental conditions of the PSE Property or the surrounding area, (iii) City may. disclose such information to Ecology or the Environmental Protection Agency for the purpose of negoUating or obtaimng approval of cleanup plans for the area, including the PSE Property or (iv) City. may flisclose as required by public disclose laws. (e) City shall have all Work performed at its sole expense, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any public authority having jurisdiction and in a good and workmanlike m~nner. City shall not seek any. recoveu from PSE of any. costs assO'aated with or resulting from the Work. (f) City shall assure that the Work is performed so as to not damage the PSE Property., unreasonably interfere with PSE's normal use of the PSE Property. (or any pan thereof) or create any dangerous, unhealthy, unsightly, nuisance or noisy coadition on the PSE Property. City. shall remove any wastes created by the Work. (g) Lf City does not exercise the Opuon pursuant to Section 3 of ~ Agreement, City shall at its sole cost and expense restore the PSE Property to the same condition that it was m prior to the start of the Work, including without limitation, removal of any groundwater wells installed as a pan of the Work. (h) If City enters into an agreement, order or decree with Ecology for the remediation of an area that includes any portion of the PSE Property, City shall use its best efforts to obtain Ecology's agreement that PSE receives the same covenant not to sue and conmbution protection t/am City receives from Ecology. (i) City agrees to release, indemnify, defend and hold harmless PSE and its officers, directors, employees, agents, and affihates from all damages, claims, demands, liabilities, hens, costs and [07772-2833/BA971150.001 ] -2- 7/30/97 ¢.~enses, iacludmg, without limitation, re~sonable attorneys' and consultant's fees (¢olle;u~el¥ "Claims"), ax/sing from or resulting from Cites access or Work under this Agreement or its breach of any obligations under tttis Section 2, including without limitation Claims asserted by governmental agencies, third part~es or City's employees. (j) In addition, City acknowledges that the PSE Property is subject to th~ l~?srds incident to the operation of an electrical system. City hereby, agrees that PSE ~hnll not be liable for any damage or injury suffered by City or its agents or employees on th~ PSE P~perty or for any damage on injury to property upon the PSE Property. City sh~l keep the PSE Property fr~ and clear of a~/and_ all liens which might arise from City exercise of its li~nse of access or the Work. The provisions of this Section 2 shall survive any expiration or terminanon of this Agreement. 3. CiWs Option. PSE c~nveys and quit-claims to City an option, exercisable for a period of two years from the date of this Agreement, for City to purchase from PSE, the PSE Property (the "Option"). City may exercise the Option by written notice to PSE. The terms of the Option axe as foUows: a. Purchase Pric~. TI~ total pu~ for th~ PSE Property is One and 00/100 Dollars ($1.00) (~e "Purcha~ Price"). b. Closing. The sale shall 1~ closed in the office of Ci~s City Attorn~ within thirty (30) days of the date of City's exercise of the option. City and PSE _~hall, On demand, eXt~ll~ alld de, livar to each other all instruments and monies necessary to complete the sale in accor~nce with this Agreement. c Conveyance of Title. Upon clo~ing, PSE shall clehver to City, and City shall accepL a quit-claim deed in ~e form attached hereto as Exkibit D, subjec~ to the easement reserved therein (the "Deed"), executed and acknowled§ed by PS~.. d. Environmental Disclaimer and Indemmty. (1) PSE has penmtted City to conduct an environmental ass~sment of the PSE Property. Both parUes are aware and acknowledge that ha?ardotts su'ostaxtce$ and materials are present on or ureter both the Lofthus Property. and the PSE Property. City is re .tying upon its own r~view and ins~tlon oft_he PSE Property, rather than any represeatauons, warranties or covenants of PSE with respect thereto. (2) PSE DISCLAIMS ALL, PaND MAKES NO, REPRESENTATIONS, WARRANTIES OR COVENANTS (WHETHER EXPRESS OR 12MPLI]ED), AND SHALL NOT IN ANY WAY BE LIABLE FOR ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS (WHETHER EXPRESS OR IMPLIED) WITH RESPECT TO: (1) PSE'S TITLE TO THE PSE PROPERTY; (2) THE DEr[ENSIGNS, SIZE OR ACREAGE OF TIlE PSE PROPERTY; (3) TF[E CONDITION OF THE PSE PROPERTY OR ANY STRUCTURES OR IMPROVEMENTS THEREON; (4) THE SUTTABILiTY OF TI-iE PSE PROPERTY, STRUCTURES, OR 13/[PROVEMENTS FOR HABITATION OR FOR CITY'S INTENDED USE OR FOR ANY USE WHATSOEVER; (5) THE EXISTENCE OF OR COMPLIANCE OF THE PSE PROPERTY, STRUCTURES, OR IMPROVEMENTS WITH ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS OR OTHER REQLrIREMENTS, OF ANY GOVERNMENTAL AGENCY RqCLUDING, WITHOLrT LIMITATION; ANY APPLICABLE BUU.DING, ZONING, FIRE, OR ENVIRONMIENTAL LAWS OR REGULATIONS; (6) THE ENVIRONMENTAL CONDITION OF THE PSE PROPERTY; OR (7) THE AVAILABILITY OR EXISTENCE OF, OR ACCESS TO, ANY WATER, SEWER, OR OTHER UTILITIES, OR ANY RIGHTS THERETO. -3 o 7/30/97 [07772-2833/BA.971150.001 ] ~ [ CITY PURCHASES, AND SHgt~t~ BE DEEMED TO PURCHASE, THE PSE PROPERTY IN ITS THEN- CURRENT CONDITION AS OF CLOSING, "AS IS", "WHERE IS", "WITH ALL FAULTS, DEFECTS OR DEFICIENCIES WHETHER PATENT, LATENT, KNOWN, OR UNKaNOWN, WTI'HOUT RECOURSE TO PSEOF ANY KIND." (3) City shah assume responsibility for, and shall release, mdemmfy, defend and hold harmless PSE and its officers, directors, emptoyees, agents, and affiliates from any and all Claims ar/sing from or resulting from the presence or release of any hazardous substance or mateaSal, on..rider or adjacent to PSE's Property or in any way arising from or related to City's Work, including without limitation Claims of governmental agencies, third parties or City's employees, except and only to the ~ the presence or r~lease of any such ba~'ardous substance or material is caused by the negligence of PSE or its employees or agents occurring following the closing date. The provisions of this section 3 shaft not merger into the Deed but sbt, il, instead, surv~ the closing. 4. Loflhus PropexW. City agrees that, in the conduct of the Condemnation Action with respect to the Lofthus Property, it will not do al~hinE to i~ i ,m,m,m,m,m,m,m,m,m~r or ~ll,~tm~ PSE's existing rightq in ~ Lofthus Property, as set forth in th~ Indenture. If City tak~ any right, title or interest m tbe Lofthus Property, such shall be subjl~'t to PSE's existing fights as set forth in tl~ Ind~m. re. 5. Dismissal of PSE in Condemnat/on Proceedin~ Within ten (10) days after she ~ date of this Agreement City. shall file such documeuts in the Com:k~nation Action as are nxluired to remove the PSE Property and dismiss PSE without prejudice from the proceeding, each party bearing its own costs and expeuses. CiWs Representations, Warranties and Covenants. City represents, warrants and covenants (a) City has inspected the PSE Property., and City. has had, and continues to have, ample oppormmty to have the PSE Property inspected by inspectors and other experts of City's own choosing q-~lified to discover patent, latent, known, and unknown defects in the PSE Property, including without limitation, the environmental condition of the PSE Propen-y by environmental experts of City's own choosing qualified to examine such condition of the PSE Property; (b) City has obtained title reports concerning the condition of, and any defects or encumbrances with respect to, she PSE Property, City has had an opportumty to have the condition of tide to be conveyed to City reviewed by experts of City's own choosing qualified to remew title issues, and City ts satisfied with respect thereto; (c) City has had this Agreement reWewed by legal counsel of City's own choosing whom City believes to be competent to review this Agreement and has chosen to execute this Agreement with the advise of such legal counsel; and (d) City accepts thc property rights described in this Agreement, arid is willing to purchase the PSE Property from PSE, in their "AS IS" "WHERE IS" condition, "WITH ALL FAULTS, DEFECTS OR DEFICIENCIES WHETHER PATENT, LATENT, KNOWN, OR UNKNOWN, WITHOUT RECOURSE TO PSE OF ANY KIND." 7. Notices. All notices required or permitted to be given hereunder shall be in wrfling and shall be personally delivered or sent by U.S. certified mail, munn-receipt requested, postage pre-paid, and addressed as set forth below: -4- 7/30/97 fa) Ail notic~ to be ~Ven to PSE shall be adc~¢ss~d a~ follows: Puget Sound Energy Peal Estate & Facilities Dept., OBC-I IN P.O. Box 97034 Bellevue, WA 98009-9734 PHONE: (206) 454-6363 FAX: (206) 462-3591 Co) All notices to be given to City shall be addressed as follows: City of Brem~'ton c/o Mr. lan R. Siewrs, City Attorney 239 4th Street Bremerton, WA 98337 PHONE: (360) 478-5345 FAX: (360) 478-5161 Either party hereto may by proper noti~ to the other, desi~ta s~h other address for the giving of notices as deemed necessary. All notices shall be deeaned given on tim clay such notice is personalb, s~-rved or on the third day following the day such notice is mailed m accordnnce with this section 8. Possession. Subject to the terms hereof, City. shall be entitled to possession on closing. 9. Proration of Tax.es, Rents, Etc. Taxes for the current year, water and other uffiities constituting liens shall he prorated as of closing. 10. Closing Costs. City. shall bear and pay the cost of recording all of the documents to be recorded. City acknowledges that this agreement is m lieu of condemnation, and the parties shall execute a real estate excise tax affidavit indicating that the rra~ction is exempt from real estate excise tax. 11. Time. Time is of the essence of this Agreement. 12. Default. If them is an evem of default under this Agreement by PSE (including a breach of any representation, warranty or covenant), City shall be entitled, in addition to all other remedies available at law or in equity, (a) to seek specific performance of PSE's obligations under this Agreement or (b) to terminate t. his Agreement by written notice to PSE. If City elects to terminate this Agreement m accordan~ with this SecUon 16, neither parry shall have any further fights or obligations under this Agreement. 13. Oral Agreements and Representations. There are no oral or other agreements, including but not lirmted to any representations, warranties, or covenants which modify or affect this Agr~ment. PSE shall not be bound by, nor be hable for, any representations, warranties, or covenants made by any person, partnership, corporation or other entity unless such representations, warranties, or covenants are set forth in a written instrument duly executed by PSE. City acknowledges to PSE that in cntenng into this Agr~ment, City is not relying on any representations, warranties, or covenants except those expressly set forth herein. 14. Agency Disclosure. PSE is not represented by any real estate agent; City r~resents, warrants and covenants that City is not represented by a real estat~ agent, or if City is so represented, City is solely responsible to such re. al estate agent for such real estate agent's commission. - 5- 7;30/97 [07772.2833/BA971 t 50.001] ~3 Assignment_ City's rights under this Agr~emem ar~ not a~L,~,Ne and City covenants not to amg~ its rights hereunder without the prior written consent of PSE. 16. Nonwaiver. The failure of either party, to in~ upon or eafon~ smct performam:e by the other party of any of the provisions of this Agreemem or to exm'c~ any. n~ht~ or remedies under this Agreement shall not be co~ as a waiver or re~ to any ~ of such ~rtys nght to assert or rely upon any such provisions or rights m that or any other ~ rather, the ~me Sh~i] be a/Id l'e~:~in in full force and effect 17. AmendmenL No amendment, chang, or ~on of ~ piuvision of tkis Agr~m~nt shall be valid unless .~t forth m a written amendm~m to this ~ ~:t,~__~ by both parties. 18. Nonmerg~r. Tt~ minas and provisions of this Ag~mem. ~ widaout limitation, all of City's representations, walTanties, covenants and ind~mnifi~tiOn obli~:riotts, ~h.~ll not m~rge in, but shall sun6ve, the closing of tim ~on contcmpLat~t ~. 19. Negotiation and ~om Each :ms e~a3r p,c-Asima ~f this ~t shall b~ gi~n a fair and reasonable intrusion in acoars,ue~ with tim writmu ~ wixtmut comiderafion or weight being gi~n to which party (or their ~ coum~) &-,uA~d thg parti~ar ~ ~ in no event shall CITY PSE CITY OF BREME'RTON {07772-2833/BA971150.001 } -6- 7/30/97 Exhibit A Description of PSE Property That portion of Block 6, Ba)rview Addition to the Town of Brcmerton, recorded in Volume 2 of Plats, page records of Kit.sap County, Wa~hingtoP,, descH[~d as follow5: Beginning at the West quarter comer of said Section 13, Township 24 North, Rang~ 1 East, W.M, thence South 88°26'00'' East along the East-West quarler section line g09.03 feet to the ~!_~-tine of Pacific Avenue; thence North 0056, 13' ~:~ along said centerliae 561.30 feet to the centerlme of 13th Street (Mill Street); thence South 88026'50" East along said centeriine 204.56 feet; thence tearing said c~nterline nm North 20029'34" West 141.24 feet; thence North 53013'46'' Fast 38.07 feet to the Weztezly margin of Highland Avenu~ as established by a certain Quit Claim Deed dat~ October 9, 1905, from L. A. Bender and Ellen Bender, and Arthur O'Belva, to City of Bnm~'mn, rectmted in volume 46 of deeds, page 62, records of Kitsap County, Washington; thence North 21°26'50'' Wes~ along said Westerly margin 61.67 feet to thc terminus of sari rmargm; thence North 62°47'40" East along the Northerly mrmmus of said Highlaml Avenue 50.25 feet; thence North 21028'50" West 90.06 feet; ttgnce North 45°49'13'' East 190.55 fe~ them~ North 35005'25'' We. st 12.87 feet; thence South 63°33'10" West 211.46 feet; thence South 1°27'12'' West 174.00 f~ thence South 36°15'50" East 76.62 to thc Tree Poim of Be~ifnning EXCEPT that portion deeded to City of Br~merton under Auditor's File No. 1049344. [07772-2833fBA.971150.001 ] o~ ~ 7/30/97 Exhibit B Description of Lofthus Property THAT PORTION OF BAY VIEW ADDITION TO THE TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 58, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ALL OF LOT 4, ~ NORTH 6 FEET OF LOT 5, ALL OF LOT 6 AND ALL OF LOT 7, EXCEPT THE SOUTH 30 FEET THEREOF OF BLOCK 5; LOTS 1, 2 AND 3 OF BLOCK 6; ALL OF BLOCK 4, EXCEPT FROM LOT I BLOCK 6, AND BLOCK 4, THE TWO PARCELS OF LAND DESCRIBED AS FOLLOWS: EXCEPTION A: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE WESTERLY ALONG THE SOUTH LINE OF BLOCK 4 TO A POINT WHERE A LINE DRAWN PAR3I.!.~. WITI-I AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOUI~ INTERSECT SAID SOUTH LINE; THENCE NORTHWESTERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EAS~Y LINE A DISTANCE OF 200 FEET, MORE OR LESS, TO A POINT IlqTERSE~G THE WEST LINE OF SAID LOT I, BLOCK 6, THENCE NORTHERLY ALONG SAID WEST LINE A DISTANCE OF 175 FEET, THENCE NORTH 62° EAST 250.00 FEET MORE OR LF3S. TO THE WATERS OF PSE SOUND, THENCE SOUTHERLY ALONG THE SHORE TO THE SOUTHEAST CORNER OF SAID BLOCK 6; THEN IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHERLY LINE OF BLOCK 6 TO A POINT ABOUT 14 FEET NORTHEASTERLY OF THE NORTHEAST CORNER OF BLOCK 4: THENCE SOUTHERLY ALONG THE STREET TO AN INTERSECTION OF THE EAST LINE OF SAID AID BLOCK 4; THENCE ALONG SAID EASTERLY LINE OF BLOCK ¢ TO THE POINT OF BEGINNING. EXCEPTION B: ALSO EXCEPT BEGINNING ON THE SOUTH LINE OF BLOCK 4 AT A POINT WHERE A LINE DRAWN PARALLEL WITH AND 30 FEET DISTANT FROM THE EASTERLY LINE OF SAID BLOCK 4 WOULD INTERSECT THE SOUTH LINE; THENCE NORTHERLY PARALLEL WITH AND 30 FEET DISTANT FROM SAID EASTERLY LINE OF BLOCK 4, 140.¢ FEET: THENCE SOUTHERLY 123.52 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID BLOCK 4 A DISTANCE OF 41.17 FEET WEST OF THE POINT OF BEGINNING: THENCE EAST TO THE POINT OF BEGINNING. ALSO EXCEPT FROM LOT 3, BLOCK 6, THE FOLLOWING: BEGINNING AT AN ANGLE POINT ON THE GOVERNMENT MEANDER LINE, SAiD POINT BEING ON THE WEST MARGINAL LINE OF WATER STREET, AS SHOWN BY ALL HARBOR AREA MAPS; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHWESTERLY LINE OF LOT 3 BLOCK 6, A DISTANCE OF 300.00 FEET: THENCE SOUTH TO A POINT 50 FEET EAST OF THE POINT BEGINNING, THENCE WEST 50 FEET TO POINT OF BEGINNING, ALSO EXCEPT FROM ALL OF THE ABOVE DESCRIBED PROPERTY ANY TIDELAND INCLUDED THEREIN WHICH MAY BE OWNED BY THE STATE OF WASHINGTON AND WHICH WERE NOT INCLUDED IN THE STATE'S DEED RECORDED UNDER AUDITOR'S FILE NOS. 18561 AND 18562. [07772-2833/I~A97 ! ]. 50.00 [ ] 7~30~97 Exhibit C 4/22/29 Indenture on Lofthus Property. (attached hereto) [07772-283~/BA.971150.001 ] 7/30/97 RC",' BY:Perkins Cole F:,EATTLt= "1-11-c37 : 4-:20PM :...l;$o4.- U~IIBIT 206 583 8500:. 2 ~AOy'IAall m~e-sald c~n~e m~ ~Belr o~n expenne and S~ii-'ho2~n:erfe~e ~v After Re~rding R~turn to: Perkins Coie )¢11 - 10gth Avenue N.E. Suite 1800 [Bellevue, Washington 98004 Exlxibit D Document Title(s) (or transactions contained thran~): 1. Quit Claim ~ 2. 3. tL--frz~n~ Number(s) of Documents assigned or l~leased: (or pag= of document(s)) Grantor(s) iI~-n name first, then first name and initials): 2. 3. 4. Puget Sound Energy, Inc. Additional names on page ~ of document. Grantee(s) (Last name first, then first name and initials): 2. 3. 4. City of Bmmenon 0 Additional names on page __ of document Legal Description (abbreviated: i.e., lot, block, plat or section, township, range) Portion of Block 6, Bayview Addition to Town of Bremerton, Vol. 2 of Plats, page 58, Kitsap County, Washington. 0 Additional legal on page I of document. Assessods Prol~rty Tax Parcel/Accouat Number [07772-2833/BA971350.014] PAGE I 7/29/97 After Retarding Return to'.- ' Perkins Coie 411 - 108th Avenue N.E. Suite 1800 Bellevue, Washington 98004 Quit-Claim Deed GratUor, Puget Sound Energy, Inc., for and in consideration often Dolla~ ($10.00) and other valuable consideration, in hand paid, conveys and quit-claims to the City of Bremerton, a municilml corporation of the State of Washington ("Grant~"), the following descn'bed real ~ sitnal~d in the County of King, State of Washington, together with any after-acquired title of Grantor ttm-ein (tim '~ropeny'): That portion of Block 6, Bayview Addition to tim Town ofBremenon, record~ in Volume 2 of Plats, page 58, records of Kitsap County, Washington, described as follows: Beginning at the West quarter comer of said Section 13, Township 24 North, Range 1 East, W.M., thence South 88°26'00'' East along the East-West quarter section ~ 809.03 feet to the centerline of Pacific Avenue; thence North 0°56'13'' East along said centerline 561.30 feet to the centerline of 13th Street (Mill Stree0; thence South 88°26'50' East along said centerline 204.56 feel; thence leaving said centertine ran North 20029'34'' West 141.24 feet; thence North 53013'46' Ea~ 3g.07 feet to tim Westerly margin of Highland Avenue as established by a cemam Quit Claim 12~efl dated Octo~r 9, 1905, from L. A. Bender and Ellen Bender, and Arthur O'Betva, to City of Bremenon, recorded in volume 46 of deeds, page 62, records of Kitsap County, Washington; thence North 21°26'50' West along said Westerly margin 61.67 feet to the terminus of said malgin; thence North 62047'40" East along the Northerly lerrrfinu~ of said Highland Avenue 50.25 feet; thence North 21'28'50" West 90.06 feet; thence North 45°49'13" East 190.55 feet; thence North 35~05'25' West 12.87 feet; thenc~ South 63°33'10" West 211.46 feet; thence South 1°27'12" West 174.00 feet; the. ace South 36°15'50" East 76.62 to the Tree Point of Be~nnmg; EXCEPT that portion deeded to City of Bremerton under Auditor's File No. 1049344. GRANTOR'$ CONVEYANCE I$ SUBJECT TO: A perpetual easement, which Grantor reserves to itselL its successors and assigns, and excepts from this conveyance, over, under, along, across, through and upon the Property as follows: 1. Electric Transmission Easements for Existing and Planned Facilities. 1.1 Grantor's Existing Transmission Facilities. Grantor ~hall have the fight to construct, operate, mainmim repair, replace, improve, remove, enlarge and use one or more PAGE 1 [07772-2833/BA971350.014] 7/'29/97 ,31 electric tranamis~ion systems and/or distribution ~ysterm over and/or under the Pm~rty together with ali necec~uy or convenient appurtenances thereto, which may include but ax~ not limited to the following: (a) Overhead Facilities. Poles and/or tow~m with cmssarm~, lat'ac~, gttya and anchors; electric trmasmission and distribution lines; commumcation and signal lines .. and cables; trartqformers. Co) Underground Facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or ground-mounted facilities such as pad~, transformers and switches. Grantor'$ transmission facilities are currently operated at a nominal voltage of 115 kilovolts ("kW). However, Grantor anticipates the need, and Grantor reaerve$ the right, to replace and/or add other, higher capacity, higher voltage, larger and/or taller facilities. }'or example, Grantor may replace the current transmi*zion facilities with 2.30kV or higher voltage facilitie~ In connection with such replacement, Grin. tor may in~tall taller, larger poles or towers. Without limiting the generality of the foregoing. Grantee baa been informed and understands that Grantor's current plans anticipate replacement of the current transmission tower with a taller, stronger tower that will be installed on a larger, cement foundation, and this easement reserves to Grantor the right to do so. 1.2 Access. Grantor shall have tl~ right IIf ~ over and across th~ Propexty to enable Grantor to exercise its fights hereunder. 1.3 Rights-of-Way Clearing and Maintenance. Grantor shall hav~ the right to cut, trim, remove, control or otherwise dispose of any and all brusk tre~ and other vegetation presently existing on the Property. Grantor shall also have the right to control, on a continuing basis and by any prudent and reasonable means (provided that Grantor shall obtain Grantee's prior written approval of Grantor's use of any herbicide for such control), the e$tabiishmem and growth of ~ brush a_nd other vegetation upon the Property which could, in thc opinion of Grantor, inteffer~ with tt~ excrci~ of Grantor's rights hereto or create a hmard to Grantor's Facilities. 2. Grantee's Use of Property. Grantee may use the Property for purtxas~ of thc "Clean-up Work" (defined below), and may also use the Property for parking, lawn or other ~ uses. Grantee may not use the Property for any other purpose or install any matcutre on, over or under tim Property without Grantor's prior written consent, which Grantor may withhold or condition if and to the extent Grantor deems appropriate to assure that Grantee's use the Property is, in Gruntoffs opinion, not inconsistent with Grantor~s easement rights reserved herein. 3. Abandonment. The easement rights herein reserved with respect to Grantors Facilities shall continue until such time as Grantor remove~ all of its Facilities (whether now existing or hereinafter constructed) from the Propen'y and ceases to use the Property for the purposes specified in paragraph 1 for a period often (10) Successive years, in which event tiffs easement shall terminate as to such putlmses. B. GRANTEE'S ENVIRONMENTAL COVENANTS, CONDITIONS AND RESTRICTIONS Grantee agrees, by accepting this Deed, as follows: 1. Grantee shall conduct an environmental inv~igation of the Property including, without limitation, drilling testing, soil and groundwater samphng and installation of monitoring wells on the Property. [07772-2833/BA_97 t 350.0 t4] PAGE2 7~9~7 Grantee shall conduct such activities as may be requir~ for remediation of the area including the Property ( the 'Clean-up Work') in conjunction with a cleanup action plan approved by thc Washington Department of Ecology ("Ecology"). With regard to the Clean-up Work, Grantee agrees to *3e following terms and conditions: (a) Before accessing the Property, Grantee shall give Grantor advance notice of when it wants to enter the site, ami shall describe the proposed Clean-up Work, the schedule for tbe activity and thc persons who would be entering th~ site. Co) If the proposed Clean-up Work involves any environmental inv~-tigation or r~nediation, Graat~ shall provide Grantor with a written description of such a~ivity, allow Gmator a r~asonable time in which to comment on thc proposed activity and consider, in g0e~ faith, any comments timely submitt~ by Grantor. (c) Grantee shall coordinate the ~ and manner of any Clean-up Work such that Grantor may be able to have its own observers pr~ent, at Gramofs expense, during any Clean-up Work. (d) Grantee shall provide Grantor with copies of all data, reports and i~form~_fion generated by or for Grantee with r~-pect to the Clean-up Work or regarding the proposed cleanup, if any, of the ar~a including th~ Property. Grantee shall do so promptly upon its receipt or generation of such dam and information. The parties agree that such _data. reports ami information shall be confidential ami shall not be disclosed to any third parties without the prior consent of the other party except that_ (i) ~ither party may disclose such to a governmental agency ii; in its sole dc'termination, such reporting is required by applicable laws, (ii) either party may disclose such to its consultants or adviso~ for the purpose of ~valuating the environmental conditions of the Property or the surrounding area, (iii) Grantee may disclose such information to Ecology or the Environmental Protection Agency for the purpo.~ of negotiating or obtaining approval of cleanup plans for the ar~ mctuding the Property or (iv) Grantee may disclose as required by public disclosure laws. (e) Grantee shall h~ve all Clean-up Work performed at its sole expend, in accordance with any and all applicable laws, order, rules, regulations, decrees, and orders of any pubhc authority having jurisdiction and in a good and workmanlike manner. Grantee shall not seek any recovery from Grantor of any costs associated with or resulting from the Clean-up Work. (f) Grantee shall assure tha~ the Clean-up Work is performed so as to not damage the Property, unreasonably interfere with Grantors normal us~ of the Property or any pa~ thereof or cr~te any dangerous, unhealthy, unsightly, nu/sance or noisy condiuon on the Property. Grantee shall remove any wastes created by the Clean-up Work. (g) Upon completion of the Clean-up Work, Grantee shall al ia sole cost and expense re. store the Property to the same condition that it was in prior to the start of the Clean-up Work, including without limitation, removal of any groundwater wells installed as a part of the Clean-up Work. (h) If Grantee enters into an ag~emcnt, order or decree with Ecology for the rcmediation of an area that includes any portion of the Property, Grantee shall use its best efforts to obtain Ecology's agreement that Grantor receives thc same covenant not to suc and contribution protection that Grantee receives from Ecology. (i) Grantee assumes responsibility for, releases and shall indemni~y, defend and hold harmless PSE and its officers, directors, employees, agents, and affiliates from any and all damages, PAGE 3 [07772-2933/BA.971350.014] 7/29/97 $3 ¢iaixns, demands, liabilities, liens, ~usts and expenses, including, without limitatiou, r~sor~l¢ attorneys' and ~ousultaut's fees ("Claim.s") arising from or resulting from the presence or rele~e ofa!xy h~-rdous substance or mater/al, on, under or adjacent to the Property or in any way aris/ng fi-om or r~n _t~_ to the Clean-up Work, including without limitation Claims of governmental agencies, third parties or Cites employees, except and only to the extent the presence or release of any such h,,~.~rdons substaa~ or material is caused by the negligence of PSE or its employees or agents occumng followi~ the da~ of Grantee's acxa*ptance of this Deed. MISCELLANEOUS PROVISIONS follows: Notices. Notices required to be in writing under this Agreement shall be given as City of Breton'ton c,/o Mr. lan R. Sievers, City Attorney 239 4th Strict Breanenon, WA 98337 PHONE: 060) 478-$345 FAX: (360) 47g-5161 If to Grantor:. Puget Sound Energy Real Estate & Facilities Dept., OBC- I 1N P.O. Box 97034 Bollevu~, WA 98009-9734 PHONE: (206) 454-6363 FAX: (206) 462-3591 Notices shall be deemed effective, if mailed, upon the second day following deposit thereof in the umted States mails, postage prepaid, certified or registered mail, mum receipt r~quested, or upon delivery thereof if otherwise g/yen. Either party may change the address to which notices may. be given by. giving notice as above provided. 2. Successors and Assigns.. Grantor shall have the fight to assign, appomon or otherwise tran~er any or ali of its fightS, benefits, privileges and interests arising in or under this Agl'~ut. Without Limiting the generality of the foregoing, the rights and obligations of the parties ~hal! inure to the benefit of and be binding upon their respective successors, assigns, lessees and tenants. 3. Applicable Laws. The laws of the State of Washington shall govern this Deed. This Deed, the easement reserved to Grantor herein, and the other rights and obligations of the parties hereunder, shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. [07772-2833/BA.971350.014] PAGE 4 7/29/97 IN W1TNESS WHEREOF, the pe_,'-d~ hereto have executed ~ Deed. GRANTOR GRANTEE Puget 5ound Energy, Inc., The City of Bremenon, a Washington corporation a m-nieipal corpor'~ion of the 5tnle of Washington Its: Its: STATE OF WASI-I]lqGTON COUNTY OF On this . day of ,199__., be=fore me, the undersigned, a lqcaaxy Public in and for the State of Washington, duly comminsioned and sworn, personally appeared , to me known ~z be the person who sign~ as of Puget Sound Energy, Inc., the cort~rafion that ~ the w~thin ~ foregoing ~ent, and acknowledged said instrument to be th~ ~ a~i wlun~try act de~d of smd corporation for the uses and purposes thereto mentioned, and on o~th smt~l that ~ was authorized to ~x~cut¢ said instrument and that the seal ~ff~xed, ~f any, is the corporat~ ~ of said corporation. IN WITNESS WHEREOF I have hereunto sot my hand and official seal the day. and year first above written. Print Name: Notary Public in and for the State of W~shington, residing at My commission expir~: STATE OF WASHINGTON COUNTY OF On this ~ day of ,, 199_~ before me, thc undersigned, a Notary Public in and for thc State of Washington, duly commissioned and sworn, personally appeared , to me known to ~ the person who signed as of the City of Bremenon, thc municipal corporation thai executed thc within and foregoing instrument, and acknowledged said instntment to be the fr~ and voluntary act and deed of said municipal corporation for the uses and lmrtmses therein mentioned, and on oath stated PAGE 5 [07W2-2833/BA971350,0141 7,'29/9'7 thn~_ ~ was author/zed to execute said instrum~u_ and t{~ the seal aJ~xed,/f any, is the seal of said mumapai corporation. IN WITNESS WHEREOF I have here, m~_o ~et my hand and off]c/al seal the day and year first l',knary Public in amt for the Str. te of Washington, [07772-2833.,'BA971350.014] PAGE 6 7/29/97 AGENDA BILL BREMERTON CTrY COUNCIL 1. SUBJECT: HOME Funding for homeownership 2. CLEARANCES: Director of Economic and Community Development oru y FOR AGENDA OF: August 11, 1999 ORIGINATING DEPT.: DECD ORIGINATOR: Deborah Pearler-Stewart DATE SUBMITTED: July 27, 1999 3. EXlllIlITS: Fiscal and Budget Committee (Heard at Study Session 6/30/99 and 7/21/99) Operations (Heard at Study Session 6/30/99 and 7/21/99) ENDORSEMENT X MAYOR:(~F. nd INFORMATION APPROVED BY COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL-ACTION: As a member of the Kitsap Countw HOME Consortiurm the City of Bremerton receives approximately S400.000 in HOME fimds annually to expand the supply of safe. sanitary, and affordable housing for Iow and moderate income persons. The City has set the following priorities for the use of HOME funds: Funds will primarily be used for projects that promote homeownershlP. Projects that promote rehabilitation and renovation of e.,6stmg buildings will be preferred over prOJects that promote construCUon on vacant sites. The Department of Economic and Community Development is requesting $350.264 in HO.ME funds be set aside to purchase and potentially demolish vacant properties, particularly tn the Anderson Cove area. The Cir,' will work with organizations to rehabilitate the existing property or construct a new home(s) on the property to provide homeownership oppommities for low and moderate income persons. It is anticipated 5-8 properties could be purchased and demolished with the funds. Construction or rehabilitation of the properts_' must begin within 12 months of purchase. 8. RECOMMENDATION: I move we allocate $350,264 in HOME funds to purchase and potenually demolish properUes that wdl be rehabilXtated or reconstructed to provide homeownership oppommnies. e RESPONSIBLE OFFICL~L: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED9 C AGENDA BILL NO qq°[5~ 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: The City will not initiate this new homeownership program. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Amend $15,000 from revolving Loan program to SBDC activity 2. CLEARANCES: Director of Economic and Community Development~";~ City Attomey~ FOR AGENDA OF: August 11. 1999 ORIGINATING DEPT.: DECD ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: July 27; 1999 3. EXHIBITS: Fiscal and Budget Committee (Heard at Study Session 6/30/99) Operations (Heard at Study Session 6/30/99) ENDORSEMENT X INFORMATION__APPROVED BY COUNCIL PRESID~.ENT FOR,~JB~/ ///-, /- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Last year the City conducted a survey of small business owners to identify, approaches to assist in the development and growth of small businesses in Bremerton. Many businesses indicated they needed technical assistance to maintain or grow their business. The City has worked with Ol.vmpic College, EDC, and the Chamber of Commerce over the last year to develop a Small Business Development Center. The Center will be located in downtown Bremerton. The SBDC Coordinator will provide individualized technical assistance to owners of businesses. In order to support the salary, of the coordinator the Department of Economic and Community Development requests $15,000 in funds be reallocated from the City's Housing Rehabilitation RevolVing Loan Program to the developing Small Business Development Center (SBDC) activity and that the CDBG Action Plan be amended to reflect this change. Funds will be provided to Olympic College for a portion of the salary of a Small Business Development Specialist who will provide training and technical assistance to micro enterprises (small businesses with 5 or fewer employees) in the City of Bremerton. 8. RECOMMENDATION: I move we allow $15,000 in funds be reallocated from the City's Housing Rehabilitation Revolving Loan Program to the developing Small Business Development Center. o RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED AGENDA BILL NO q q - { ~ <~ 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Sufficient funds will not be available to pay the Salary of the Small Business Development Coordinator. 6. IMPACT ON STAFFING. BU1)GETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: AGENDA BII,L BREMERTON CITY COUNCIL 1. SUBJECT: PURCHASE ORDER REQUEST: RR FLATCAR BRIDGE DECK FOR LOWER UNION RIVER ROAD FOR AGENDA OF: August 1 I, 1999 ORIGINATING DEPT: Public Works/Lrfil. ORIGINATOR: Forestry. Manager DATE SUBMITTED: July 27. 1999 2. CLEARANCES (comment on ba%i.f n~e~): 3. EXFIIBITS: D ireetor PW&UcitY,cityCity Treasurer Engineer Attorney ~~~ Project Summary Operations Committee _ ~ ~ ~ Fiscal & Budget Committee Purchasing Supervisor ~ ENDORSEMENT /~ INFORMATION COUNCIL PRESIDENT 4. SUMIVLARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Due to poor condition, the existing log bridge that provides access to the base of Casad Dam and its control structure requires replacement. This stream crossing provides the only access for essential water supply operations and maintenance. It has been determined that the most efficient and cost effective replacement structure for this site would be a re-cond/fioned steel railroad flatcar. This is a common practice for forest access roads. Based on available information, there is only one source for this .type structure. Skip Gibbs Company of Redwood CA provides this .type of structure, fabricated to engineered specifications. 8. RECOM3~ENDATION (over) Motion to approve and authorize the Mayor to sig-n a purchase order for sole source purchase, in a amount not to exceed $35,000 to Skip Gibbs Company for the purchase of a steei railroad flatcar bridge deck per specifications. RESPONSIBLE OFFICIAL: Director, Public Works & Utilities ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: December 31, 1999 REVIEW DATE: NA PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: II. AGENDA B[LL NO:l ~q ' 155 41 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1) The purchase price includes cutting to specified len~mah, installation of deck work and railings, coating with approved primer and topcoat, and delive~ to the consn-uction site. Final specifications will be determined by the City's engineering consultants per a previously approved professional services a~eement. Cost for the bridge deck is not to exceed $ 35,000. 5, IMPACT ON NON-PASSAGE: Dependable access for essential water supply operations and maintenance will not be available. 6. IMI>ACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: NA Budget: Included in 1999 Water Utility. budget and 1999 CIP. Facilities/Equipment: Up~ades Water Utility. road system and infrastructure. 7. RESEARCH SOURCES: Forestry Manager 2 LOWER UNION RIVER ROAD BRIDGE REPLACEMENT PROJECT SUM3IARY 7/27/99 The access road to the base of Casad Dam currently crosses a log stringer brichge that is 20 years old and in poor condition. This structure shows signs of decay that indicates its load bearing capacity has been reduced. Its condition makes it unsuitable for heavy trucks or equipment, such as would be needed for repair and maintenance of the dam control structure. This steam crossing provides the only access and is essential for water supply operations, The following are required for replacement of the current bridge structure: 1) Professional engineering to provide survey, construction plans, specifications and coordination with material suppliers. Professional Services Agreement with Art Anderson Associates for these services approved by Council on July 14' (cost not to exceed $16,500). 2) Obtain a hydraulics permit for the project with the State Dept. of Fish & Wildlife (pending). 3) Obtain suitable railroad flat car converted to bridge deck per specifications (cost not to exceed $35,000). 4) Request bids for construction of abutments and placement of complete bridge deck per specifications and permit requirements. Proposed construction in October 1999. (professional services agreement will provide cost estimates and construction documents). This project is contained in the 1999 Water Utility. budget and the CIP. Budget amount: $68,000. AGENDA BILL BREMERTON CITY COUNCIL SU~ECT: Intergovernmental Agreement with Dept. of Corrections for Jail Beds FOR AGENDA OF: Au_~ust 1!o 1999 ORIGINATING DEPT: Municipal Cour% ORIGINATOR: Judge James Docter DATE SUBMITTED: June~15./T~9 (- Contract ~: (comment on back 3. if necessary) Police Chief Attorney Risk Manager Fiscal & Budget 7/g ~/~ Operations ENDORSEMENT~ INFORMATION APPROVED BY COUNCIL PRES~~R ~B~TAL: MAYOR ~ ~. ~ ~-~ COUNCIL PRESI DENT ~../_/~__ _~_~~ The attached Intergovernmental Agreement with the Dept. of Corrections provides for approximately 10 beds in the Departments Work/Training Release facility located in Port Orchard at the rate of $57.00 per day. This will provide the Bremerton Municipal Cou~ with back-up jail space. RECOMMENDATION: Motion to approve Corrections. Intergovernmental Contract with the Dept. of RESPONSIBLE OFFICIAL: Municipal Couut ENFORCEMENT OFFICIAL: & Police Dept. EXPIRATION DATE: 60 day termination REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVE~NDED 11. AGENDA BILL NO: CT,F~ARANCE COMMENTS ( cont. ): 4. SUMMARY STATEMENT (cont.): IMPACT ON NON-PASSAGE: Subject to availability at Kitsap County Jail. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES Budgeted as part of jail fees in Police Department budget. 7. RESEARCH SOURCES: AGENDA BILL BREMERTON C1TY COUNCIL SUBJECT: Intergovernmental Agreement with Department of Corrections. 6.IMPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES. The cost for the care and custody of prisoners falls within the budget of the Bremerton Police Department. $278,328.00 was budgeted for the year 1999. Thru June of this year we have spent $230,170.00. The balance for the remainder of the year is $48,147.36. Although the money for care and custody is within the Police budget, the court has direct and dramatic impact on these funds. It should be noted that over-charging by the Kitsap County Jail has been discovered and will be reconciled in the July, 1999 jail bill. The City Auditor is investigating to determine to what extent the bills have been inaccurate, which has obviously contributed to the increased jail costs but to what extent will not be known fully until after the audit is completed. The acquisition of approximately- 10 additional jail beds, if not utilized in a judicious manner, could in fact create a further budgetary shortfall for the care and custody of prisoners. Remedies for the shortfall have not yet been discussed in detail but could perhaps impact several department budgets by years end. Robert D. Forbes Chief of Police INTERGOVERNMENTAL AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS AND THE CITY OF BREMERTON THIS AGREEMENT, pursuant to Title 39, Chapter 34 of the Revised Code of Washington (RCW), THE INTERLOCAL COOPERATION ACT, is made and entered into by and between the Department of Corrections, hereinafter referred to as the "DEPARTMENT", and the City of Bremerton, hereinafter referred to as "CITY". IT IS THE PURPOSE OF THIS AGREEMENT TO: Provide the conditions upon which the DEPARTMENT agrees to provide to the CITY approximately 10 beds (based on availability) in the DEPART- MENT'S owned and operated Work/Training Release facility located in Port Orchard, and the CITY agrees to pay the DEPARTMENT a fee for offenders sent to Peninsula Work Release. Therefore, the parties hereby agree: The DEPARTMENT shall operate, through a separate contract with a third party, a Work/Training Release facility program in a DEPARTMENT owned facility. The DEPARTMENT shall make some beds available for the use of the CITY to refer offenders to reside at, and or participate in the Work/Training Release program. The DEPARTMENT shall provide full program services to offenders referred by the CITY. The CITY shall, during the term of this AGREEMENT, pay the DEPART- MENT $57.00 per day for each offender incarcerated at Peninsula Work Release. 3. The DEPARTMENT and the CITY agree offenders may be phased in over a period of several months. Page 1 of 4 4. Offenders are to be financially responsible for all health care expenses. 5. The DEPARTMENT reserves the right to deny acceptance to, or remove any offender from the program for violation of program rules. The DEPARTMENT shall provide eligibility requirements and super- vision status in conjunction with the CITY in reference to the offenders referred by the CITY. All such referrals must meet these minimum eligibility requirements. The DEPARTMENT reserves the right to terminate the Work/Training Release program anticipated by this AGREEMENT, and to close and/or otherwise dispose of the property. In such event, the DEPARTMENT shall make every reasonable attempt to provide adequate notification to the CITY. The DEPARTMENT agrees to notify the CITY when an offender enters the program, and when an offender leaves the program, either through successful or unsuccessful termination. TERM OF THIS AGREEMENT - Notwithstanding any provisions of the AGREEMENT, the period of performance under this AGREEMENT shall begin on the date of signature of both parties and shall continue until terminated by either party by written notice to the other party not less than 60 calendar days prior to the effective date of such termination. DISPUTES - Except as otherwise provided in this AGREEMENT, when a bona fide dispute concerning a question of fact arises between or among the parties hereto concerned performance under this AGREEMENT, and it cannot be resolved, any said party or parties may initiate the dispute resolution procedure provided herein. Time is of the essence in resolving disputes. The initiating party or parties shall reduce the description of the dispute to writing and deliver it to the responding party or parties. The responding party or parties must respond in writing within 72 hours and provide copies of said response to all other parties hereto. Then, the parties shall have 72 hours to negotiate in good faith to resolve the dispute. If the dispute cannot be resolved after 72 hours, a panel of arbitrators shall be appointed. Page 2 of 4 Each party hereto will designate an arbitrator, and those arbitrators will appoint another arbitrator from outside the agencies of the parties hereto. The panel will review the written descriptions of the dispute, gather additional information as needed, and render a decision on the dispute in the shortest practical time. 2. All parties hereto agree to be bound by the determination of the panel of arbitrators. Once formed, the panel of arbitrators shall remain in effect through the period of the AGREEMENT. All parties hereto agree to exercise good faith in dispute resolutions and to avoid arbitration whenever possible. This clause does not preclude the consideration of questions of law in connection with decisions provided hereinabove; PROVIDED that nothing in this AGREEMENT shall be construed as making final the decisions made by any official, representative, or board acting in an administrative capacity in connection with questions of law. The parties hereto agree that this administrative dispute resolution process shall precede any action in a judicial tribunal. MODIFICIATIONS AND AMENDMENTS - This AGREEMENT may be changed, modified, or amended only by written agreement executed by the parties hereto. WAIVER - Waiver of any breach of any term or condition of this AGREEMENT shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this AGREEMENT shall be held to be waived, modified, or deleted except by an instrument in writing signed by the parties hereto. Any failure of the parties hereto to insist upon the strict performance of any provisions of this AGREEMENT or to exercise any right based upon breach thereof or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this AGREEMENT. Page 3 of 4 GOVERNING LAW AND VENUE - This AGREEMENT shall be construed and enforced in accordance with and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this AGREEMENT shall be the superior court of Kitsap County, Washington. SEVERABILITY - In the event any term or condition of this AGREEMENT or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this AGREEMENT, which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this AGREEMENT are declared severable. LIMITATION OF AUTHORITY - Only the Contracting Officers or their delegates by writing (delegation to be made prior to action) representing the agencies of the parties hereto shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this AGREEMENT. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this AGREEMENT is not effective or binding unless made in writing and signed by all the parties hereto. THE PARTIES HERETO, having read this AGREEMENT in its entirety do agree thereto in each and every particular. IN WITNESS WHEREOF, the parties hereto have set their hands hereunto and have executed this AGREEMENT as of the date and year written below. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS Lynn S. Horton, Mayor City of Bremerton Date Belinda Stewart Date SW Region Administrator Kathy McCluskey Director, Administrative Services Date Gary Banning Date Administrator, Office of Contracts & Regulation Page 4 of 4 AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: CORROSION CONTROL FACILITY - FINAL CHANGE ORDER 2. CLEA, RANqESx"~, omment on back Direc~ilities Ci~ Aaomev -~~ Co~cil Fisc~ & Budget Co~iUv~ Co~cil Operations Co~i~ee FOR AGENDA OF: August 11. 1999 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Wit-t, City, Eng. /-'~"~ DATE SUBMITTED: August 2. 1999 3. EXHIBITS: 1. Change Order No. 4 ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRES!DEN~ FOR SUBMITTAL: / - MAYOR , , COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: During project closeout, the Contractor (TEK Construction) presented the Citv with a claim consisting of 28 individual items totalling $161,341.72. (including sales tax.) Staff have negotiated this settlement which compensates the Contractor for six items totalling $42.414.40 (including sales tax.) The change order additionally adjusts the contract amount to correct a clerical error regarding sales tax. and also includes an increase due to a sales tax increase which took affect on April 1. 1999. The total value of the change order is $42,386.63. (including sales tax.) 5. RECOMMENDATION: The Citv Council approve a final Change Order for $42.386.63 (including sales tax) for the Corrosion Control FaciIitx Project. and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: PULLED [1 TABLED [1 COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED [l DISAPPROVED [] AMENDED [] 96 (OVER) 11. AGENDA BILL NO.: q~- [ 57 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 6. IMPACT ON NON-PASSAGE: Final project closeout activities would not proceed. for this project. The contractor would have an unresolved claim against the CiD' 7. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: No impact Budget: The capital budget for this project will be increased to fund this expenditure. The expenditure for the Reservoir No. 4 cover project will be deferred until 2000, therefore that money will be adjusted in the Capital Plan accordingly. No net budget adjustment is required for this Change Order. Facilities/Equipment: No impact. 8. RESEA_RCH SOURCES: CITY OF BREMERTON--- _ CHANGE ORDER Project Name Corrosion Control and Fluoridation Facility Project No. R(i242102/R7322104 Contractor TEK Construction Page __ Contract Change Order No. 4 Orig. Contract Amt. $ 937,315.58 iA) Prev. Appvd. Changes $ f377.54) !B) This Change $ 42.386.63 Revised Contract Amt. $ ~)79.324.67 1 of 1 Days 210 Days 29 Days 29 Days 268 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes 1. Add sales tax to previously approved Change Orders No. 1, 2, and 3. 2. Sales Tax increase from 8.1% to 8.2%, effective April 1, 1999. 3. Field route and install additional process piping in the vicinity of the chemical metering pumps and local control panels. ($27,550 + Sales Tax) 4. Install electrical relay panel between the fire alarm panel and the generators and louvers. Coordinate louver operation. ($4,500 + Sales Tax) 5. Remove impounded water from flowme~er vault. Maintain temporary pump until vault drain line installation. ($3,900 4- Sales Tax) 6. Saw cut Tank Pads to form channel for installation of tank outlet piping. ($1,350 4- Sales Tax) 7. Modify handrail in the chemical containment area to provide clearance. ($1,750 + Sales Tax) 8. Remove duplicate grounding systems. ($150 4- Sales Tax) Original contract amount includes sales tax. Sales tax was not included in previous change orders No. 1, 2, and 3 due to a clerical error. Item No. 1 of this change order corrects the clerical error. Increase in Contract Amount $2.81 29,809.10 $4,869.O0 84,21 9.80 $1,460.70 $1,893.50 $162.30 (Decrease) in Contract Amount ($) ($30.58) ($30.58) Contract Time Extension (days) 0 0 12 8 7 1 0 1 Totals $42,417.21 29 Net change in contract amount $42,386.63 increase or (decrease) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, ~nthe contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. Recommended: /Project Engineer Date: Recommended: /City Engineer Date: Accepted: /Contractor Date: Approved: /M¢¥or 53 Date: Change Order No. 4 - Justification of Changes Item 3. Drawings M-7, M-ii, M-12 and.,M-13 .show the chemical process piping. Additional piping beyond the original project scope was required to be field routed in order to construct the chemical process to operate as identified on the schematic drawings (Drawings M-5 and M-6.) The piping was routed in the field to ensure adequate clearances and to address operational issues including access, etc. Item 4. A control panel LCP-EF-! was required 5o control the ~¥AC louvers in conjunction with the emergency generator operation to meet code re.cfuirements. An additional relay panel was installed to make the complete system operational. Item 5. A temporary sump pump was installed and maintained in 5he flow meter vault during the period when the Contractor was to install pumps, pump control, and piping within the vault. The flooded vault impacted the progress of the work, and delayed implementation of fc!!ow-on activities. Item 6. The outlet piping from the chemical storage tanks extends below the elevation of Eke bottom of the tanks. The concrete was channeled ~o provide clearance for the tanks to be installed in 5he center cf 5he 5ank pads. Item 7. Clearance within the chemical containment area is minimal. City employees are required 5c access all areas of the containment area during normal cuerauicns. The ends of the FRP s~airwav handrails whisk extended beyoni the stairs was removed 5c improve access wi5hin 5he containment area. Item 8. Ground wires were provided in several icca5ions ~ha5 were not needed. These wires were removed 5c increase access to adjacent equipment. 1. SUBJECT: Ordinance No. Rulemaking Procedures AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: August 11, 1999 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanc~,.-'~'u~!'~ City Attorney DATE SUBMITTED: July 29, 1999 2.._ C?.~.a/~%NCES:~ (Comment on back if necessary) 'Gl~n~r~'Malan~a, City Attorney 3. EXHIBITS: Council Study Sessions ~iscai & Budget C~>rman ~J Operations Committee Chairman ENDORSEMENT ,~' INFORMATION [] MAYOR ~-~ .... / '/~-~?:~ APPROVED BY COUNCIL PRESIDENT FOR S~3BMITTAL: COUNCIL PRESIDENT 4. SUMMARX STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An Ordinance repealing the Ruiemaking Procedures. This ordinance would be repealed due to the lack of need for procedures for ruiemaking. Th~ ~= a housekeeping measure 5o eliminate an ou5da5ed ordinance, which jeoLardizes current practices. Chapter 2.80 would be repealed in its entirety. 8. RECOMMENDATION: Record Motion: Motion to approve the DroDosed ordinance, repealing Chapter 2.80 in ius enlire%y, on 1~ reading; Pass Ordinance No. on 2~ reading, repealing Chapter 2.80 in its entirety. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 55 o CT.~.~R~NC~. COMI~N~S: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUI~NT OR OTW~R RESOURCES: None. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE repealing Ordinance No. 3960 which Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: RULEMAKING PROCEDURES SECTION 1. Repeal. Ordinance No. 3960 hereby repealed in its entirety. SECTION 2. Effective Date. This ordinance shall take passage and publication. APPROVED by the City Council on the first reading this ~ PASSED by the City Council of the City of Bremerton this __ created Chapter 2.80 of the creating the Rulemaking Procedures is effect ten (10) days from day of ,1999. day of ,1999. MIKE SHEPHERD Council President APPROVED this __ day of ,1999. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY, City Clerk Chapter 2.80 RULEMAKING PROCEDURES Sections: 2.80.010 2.80.0:20 2.80.030 2.80.040 2.80.050 2.80.060 2.80.070 2.80.080 2.80.090 DEFINITIONS. PROCEDURAL RULES. RULES IIVIPLEMENTLNG ORDINANCES OR RESOLUTIONS. AGENCY RULEMAK~G AUTttORITY. AGENCY PROMULGATION OF RULES. PETITION FOR RULElVlA.KIN G. EMERGENCY ACTION. DECLARATORY AUTItORITY. DECLARATORY JUDGMENT. 2.80.010 DEFINITIONS. For purposes of this chapter: (I) "Agency" means the City. of Bremerton or any of its subdivisions, including, but not limited to, any City. board, commission, committee, officer or department, but exclusive of the City Council and its committees, when acting in accordance with or pursuant to authorization by ordinance or resolution to make rules. (2) "Rule" means a_ny agency, order or re=re.ration of future effect, including amendment or repeal of a prior role, which has been formally adopted in accordance with the provisions of this chapter, which substantially affects the interests of the public, which applies generally rather than to specific parties, and which: (A) Implements or makes specific any city council ordinance or resolution wh/ch has provided standards or guidelines that define in less than complete specificity what is to be done and which clearly indicates that it is the agency which is to accomplish it; or (B) 'Governs the- agency's organization or procedure in accordance with the scope of administrative authority, to act granted by city. charier, resolution and ordinance. Such term does not include internal management directives which result in agency. action affecting the agency's own officers or its employees or other agencies with the city government, but which do not substantially affect the rights or liabilities of the public, intra-agency or inter-agency memoranda; executive order~ of the mayor;, agency contracts; or interpretations of an ordinance or resolution embodied either in a binding declaratory, ruling pum-uant to Section 2.80.090 of this chapter or in an appealable administrative decision. Any agency proced~e, policy, regulation, or standard, which by its effect, fits the definition of a rule but which has not been formally adopted in accordance with the provisions of this chapter, shall be deemed "informal" and ~hall be void and without effect; provided, that any agency procedure, policy, regulation or standard in existence at the date of enactment of this chapter, whether oral or written in form, shall be valid for the duration of any applicable limitation period as hereinal=ter provided. (Ord. 3960 51, I985). 2.80.020 PROCEDURAL RULES. (a) Subject to the limitations otherwise imposed by statute, ordinance, and City Charter, each C/~' agency, shall issue written proce.durat rules desc~,ing its organization within the framework.'esq~go~she~la~i.;the c/fy council, stating both the general '.'" and resolution or ordinance-specific course and method of those of its operations which significantly affect the public, and the methods whereby the public may obtain information and make submissions and requests. These rules shall be supplemented :~r replaced as necessary, by additional procedural rules in the future. Co) Those specific e,,dsting procedures whose use is a consequence of less than specific ordinances or resolutions which govern interactions between the city and the public, even though such procedures "implement" the ordinances or resolutions from which they derive, shall comply with the provisions of the limitations period established in this section and shall, be deemed "procedural rules" after formal rulemaking. (c) Where the tex-t of any particular 2-47 555 ordinance or resolution is explicit enough to have made the development of agency procedures unnecessary.', rulemaking by the agency with regard to such ordinance is not required. (d) In order to foreclose the possibility of even the appearance of arbitrary, action by an agency, acting in the absence of procedural rules which have been formally adopted, no member of the public shall be required to comply with any agency, procedure in existence at the date of enactment of this chapter unless such procedure has been reduced to writing in the form of a rule and adopted as proposed or in amend~ form by the agency, within one hundred eighty calendar days of' the date that the city council grants the agency rulemaking authority in a~ordance with the provisions of Section 2.80.040 of this chapter, or of the date of enactment of th. is chapter itself if the agency already has such rulema)dng authority by ordinance, provided, that the mayor may extend this one-hundred-eighty calendar-day requirement an additional rdnety days upon the demonstrated need of the responsible department. Any agency, procedural requirement which does not comply with this chapter shall be deemed "informal" and hence be unenforceable. (Ord. 3960 §2, 1985). 2.80.030 RULES E~I':PLE MENTE~G ORDINANCES OR RESOLUTIONS. (a) Each agency of the ci.ty shall issue ~xitten rules detailing its metlxod of implementing those ordinances or resolutions which it has been given the authority to administer. The purpose for adopting such rules of implementation is to foreclose either (1) the possibility, of an agency's modification of the specific intent of the cit-2.' council in passing legislation, or (2) even the appearance o~' abuse of discretionary power by an agency in its actions in the absence of written rules. (b) Such rules may be concerned with: (1) Any' qualifications or standards for the issuance, continued'validity or renewal of a license that if ,,'iolated, subjects the xqolator to a penalty or administrative sanction, such as the suspension or .revocation or' such license; (2) Any 'qualification or requirement relating to the enjoyment of a benefit or a privilege conferred by taw that. if violated, subjects the violator to a penalty or administrative sanction such as the suspension or termination of such benefit or privilege; or (3) Any requirement or standards relating to obligations of conduct or the cLischarge of duties imposed by law that. if violated, subject the violator to a penalty or administrative sanction such as abatement or assessment for costs. (c) Where the text of any particular ordinance is explicit enough to preclude the exercise of agency discretion in implemenfin~g that ordinance, rulemaking by the agency with regard to such ordinance is not required. (d) The head of each city agency shall examine the operation of his or her agency and those ordinances and resolutions both which substantially affect the interests of the public and which the agency has been given the responsibility for implementing, and he or she shall reduce to writing any existing agency policies, regulations, or standards designed and used to implement any such ordinance or resolution. The agency head shall also develop supplemental policies, regulations or standards if necessary, to allow for a comprehensive scheme for the implementation of e.'dsfing ordinances and resolutions by the agency that might otherwise be lacking. (e) Where, however, an agency is clearly required to administer the provisions of a particular ordinance or resolution but the provisions otherwise appear out-dated, internally inconsistent, ambiguous, or burdensomely detailed upon the review by the responsible agent' .head mandated by this section, the agency shall not be required at that time to issue rules of implementation based on such purportedly defective existing provisions. The agency manager shall instead prepare proposed ordinance or resolution amendments for submission to the city council. The schedule for preparation and submissions of such amendments shall be developed by each agency head and shall reflect the magnitude of the job, budgetary constraints, and other agency priorities, in accordance with the plan set forth by the mayor. Upon final action by the city council adopting, or 2--48 refusing to adopt, such proposed amendments, the agency shall commence and complete rulemaking consistent with the requirements of this chapter and within one hundred eighty calendar days of the date of such action by the council. Prior to the time that the council takes such final action, pursuant to Section 2.80.060 of this chapter, the agency can be obligated to initiate rulemaking to adopt as a rule any procedure, policy, regulation or standard whose actual or threatened application interferes ~vith or impairs the legal rights or privileges of a member of the public. A procedure, policy, regulation or standard which attempts to implement a defective ordinance or resolution is unenforceable and cannot be adopted as a role. (0 Except where otherwise provided herein, all existing agency policies, regulations, or standards shall be adopted as proposed or in amended form as rules of implementation by the agency within one hundred eighty calendar days either of the in accordance with the provisions of Section 2.80.040 of this chapter, or of the date of enactment of this chapter if the agency already has such rulemaking authority by ordinance. Each rule adopted shall include language which specifically cites to the ordinan~ or resolution which the rule is intended to adrrdnistratively implement, and a brief statement of the purpose that the adoption of the rule is intended to serve. (g) Any agency, policy., regulation or standard of implementation which substantially affects the interests of the public but which does not comply with tiffs chapter shall be d~med "informal" and hence be unenforceable. (Ord. 3960 ~3, 1985). 2.80.040 AGENCY RIJ~EMAKING AIJTt~ORITY. Where an agency is not specifically authorized to itself adopt rules to carry out the purposes of a particular ordinance or resolution in existence on the date of the enactment of this chapter, though such ordinance or resolution does clearly require the agency, to administer its provisions, the agency shall submit to the city council a list of such ordinances and resolutions w-ithin ninety calendar days-of the date of enactment of this chapter. The council shall amend each such ordinance and resolution so as to include a new section which reacts as follows: RULEMAKING - The [agency], as an agency in the City, according to the definition in Se~'tion ~- (a) of the Municipal Code, shall have the power and duty, from time to time, to adopt, publish and enforce rules not inconsistent with law. for the purpose of carrying out the provisions hereof, and it shall be unlawful to violate, or fail to comply with any such rule. Each city agency, upon such amendment action by the city council, shall be empowered to promulgate rules in conformity with the requirements of t/tis chapter. All furore laws enact~ by the council shall include lanoguage providing for agency rulemaking when necessary to allow administration of such laws, and each agency so empowered shall adopt those rules net:~m~ry to reb:mlarize its procedure and the implementation of municipal laws. (Ord. 3960 §4, 1985). 2.80.050 AGENCY PROMULGATION OF RULES. Upon the reduction to writing of those agency, procedures, policies, regulations, and standards in existence at the date of enactment of this chapter in the form of proposed rules, and prior to the adoption, amendment or re-peal of any rule in the future the agency shall ~ve public notice of its intended rulemaking action by: (1) First-class mailing or delivery to the address specified by any person who has made ant'ten request therefor, which shall be filed Mth the agency, and renewed annually, and posting of copies of notice in Bremerton City Hall. A publication of notice in a newspaper of general circulation in the city shall be required only with regard to the initial promulgation of agency. procedures, policies, regulations, and standards as rules as required in Sections 2.80.020 and 2.80.030 of th. is chapter. Notice shall include: (a) A reference to the authority under which such rule(s) Can be proposed; (b) An accurate description of the substance of the proposed rule(s) or of the subjects and issues involved; (c) A statement indicating the availability of the X~T/tten text of the proposed 2-49 rule(s) at the office of the city. clerk for public inspection and copying upon payment of reproduction costs; and (d) A statement indicating the manner in which interested persons may present data. views and arguments in written form to the agency, in regard to the proposed rules. Though the agency, may find that a public hearing and oral presentations on the proposed rule(s) is unnecessary, or impracticable, if the agency decides to hold a hearing and allow testimony, it shall publicly post and cause to be published notice of the proposals in the manner and form hereinabove prescribed at least fourteen calendar days prior to the scheduled hearing, except that included with such repeated notice shall be a statement of the time and place of the hearing. (2) Circulation of the entire text to other agencies in the city for review and comment. A.ny comment shall be submitted in writing to the agency proposing the rule(s), which shall be responsible for preparing a concise statement of the principal reasons for and against the adoption of the rule(s) as proposed, incorporating therein its masons for overruling the considerations urged against adoption of the rule(s) as proposed. Such statement shall be transmitted to the relevant commenting agent' prior to adoption of the rule(s). The agent' proposing to issue a rule shall consider fully all written and oral submissions respecting the rule. Not less than fourteen calendar days after public notice of the intended agency rulemaking action is first ~ven, the agency, may act to adopt any proposed rule(s) or amend or repeal any eMs-ting rule(s). The agency, need not hold a public hearing and allow oral presentations of data, views and arguments ~-ith respect to the intended agent' rulemaking action if it determines that such a proceeding is unnecessaD' or impracticable. The adoption, amendment, or repeal of a rule by an agency, need not be based upon or supported by an evidentiary record. A certified copy of an agent' rule shall be filed and indexed as a public record with the cit~, clerk as a part of the -Bremerton Administrative Code with/n six working days of the date of their adoption and shall be made available for inspection and cop.ving upon payment of reproduction costs when city administrative offices are open for normal business. The effective date of any agency vale shall be on the date of its filing. (Ord. 3960 55, 1985). 2.80.060 PETITION FOR RULEMAKING. (a) Any interested person may petition an agency requesting the adoption, amendment or repeal of any rule. Each agency shall prescribe, by rule, the form for such petitions and the procedure for their submission, consideration and disposition. Co) A petition for repeal of a rule will be denied unless it is demonstrated with specificity. that the challenged rule is defective for one or more of the following reasons: (1) The rule v/olates constitutional provisions: (2) The rule exceeds the authority of the agency granted by Ci.ry Charter, resolution or ordinance; or (3) The rule was not adopted in compliance with those rulemaking procedures requ/red by this chapter and any other ordinance. (c) A challenged rule will not be d~med invalid solely because it was adopted without compliance with applicable rulemaldng procedures after a period of one 3'ear from the date the rule was filed with the city. clerk, i.f the agency attempted to comply with those procedures and its failure to do so did not substantially prejudice the interests of the parties. (d) Within thirty calendar days after the submission of a petition, t_he agency shall either denv such petition in writing (stating its reasons for the denial) or initiate rulemaking proc~dings concerning the subject of such petition in accordance with Section 2.80.050; except, that a petitioner may oblige the agency, to initiate rulemaking to adopt as a rule any procedure, policy, regmlation, or standard whose actual or threatened application interferes with or impairs the legal rights or privileges of the public. (Ord. 3960 §6, 1985). 2.80.070 EMERGENCY ACTION. (a) Where an agency, finds that 2-50 immediate adoption, amendment or suspension of a rule is necessary for the immediate preservation of the public peace, health, safety or welfare and the observance of the requirements of notice and opportunity to present data, views, and arguments prior to the proposed action would be contrary to the public interest, the agency may dispense with such requirements or give any abbreviated notice or hearing that it finds practicable before undertaking such rulemaking action as is necessary.. The adoption, amendment or suspension of a rule under emergency circumstances is effective upon filing with the city clerk and shall be accompanied by a s~atement of the facts upon which the findings of an emergency and necessity are based. Co) The adoption amendment or suspension of a rule under this section shall be effective for a period of not more than sixty calendar days unless the rulemaking requirements set forth in Section 2.80.060 have been complied with within this time period, or unless there has b~n a more limiting statement placed with. in the rule itself. A rule temporarily suspended shall regain effectiveness upon expiration of the six.ty-day period unless the rule is repealed pursuant to Section 2.80.050. ThJs emergency section does not relieve any agency, from compliance with any law requiring that the adoption, amenciment or repeal of a rule be approved by the city council before it becomes effective, nor shall any action be taken under th.is section which affects any pending case before a judge or appeal of an agency decision before a hearing examiner. (Ord. 3960 ~7, 1985). 2.80.080 DECLARATORY AUT~tORITY. (a) On petition of any interested person, the chief administrative officer or director of any agency, may issue a dectarato~' ruling with respect to the applicabiliD' to any' person, property or 5tare of facts of any rules, policies, regulations, standards, procedures, resolutions or ordinances enforceable by the agent'. Such petition shall be considered and granted or denied in accordance with the agen%"s promulgated procedural rules for submission, consideration, and disposition of such petitions. A declaratory ruling is binding bem'een the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. (b) Prior to agency action to formally adopt as a rule or dispense ~vith by default of action any unwritten procedure, policy, regulation or s~ndard in compliance with the provisions of this chapter, any individual, partnership, corporations, association, or public or pfivate organization of any character whose rights or liabilities are or may be significantly affected by the agency's application of such procedure, policy, regulation or standard to the affected party, its property, or to any state of facts may require by filing an agency, form that the chief administrative officer or director of the agency: (1) Specify in a declaratory. ruling which procedure, policy, regulation or s~ndard of the agency is deemed applicable to the circumstances forming the basis for the inquiry; and (2) Reduce such procedure, policy, regulation or standard to writing for the purpose of public inspection. (Ord. 3960 §8, 1985). 2.80.090 DECLARATORY JUDGMENT. The validity, of any agency rule may be determined upon petition for a dectaratotw judga'nent thereon addressed to the K/tsap Super/or Court when it appears that the rule, or its threatened application, interferes with or impairs or immediately threatens to interfere with or impair, the legal fights or privileges of the petitioner. The agency shall be made a parr2.' to the proc~ding. The court shall declare the challenged rule invalid only if it finds that it either violates constitutional provisions or exceeds the authority granted the agency by CiD' Charter, ordinance or resolution or xvas adopted without compliance with those rulemaking procedures required by this chapter and any other applicable ordinance. The court shall not declare a rule invalid solely because it was adopted without compliance with applicable rulemaking procedures after a period of one year of the date the rule was filed with the City. Clerk, it' the agency attempted to comply with those procedures and its failure to do so did not substantially prejudice the interests of the parties. 2-51 Judicial review of the contested rule shall be limited to an examination of the rule under review, the ordinance provisions authorizing the rule, and copies of all documents necessary to demonstrate compliance with applicable rulemaking procedures. The declaratory. judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question. (Ord. 3960 §9, 1995). 2-52 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance Number , relating to Vacation of Pubhc Rights-of-Way (BMC 11.20 and 21.02.850) 2. CLEARANCES: (comment on back~ne~ Director, Public Works~-'"'--'-'~'~tilities City, Attorney Director, Economic a Comm. Dev. ,~,~ City Clerk Heard at City Council Study Session o)fJulv~'~; ;.' 14,-1999. ENDORSEMENT_z~ ~~RMATION FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Auto, st 11.1999 PW&U En~mneermg Div. Randy Witt, Gift Engineer/C'~ Au,m~st 2. 1999 3. EXItlBITS 1. Ordinance ~, Vacation of Public Rig&ts-of-Way and its summary,. 2. Summary of major features of the Vacation Ordinance. 3. RCW Chapter 35.79 on Street Vacations. 4. Existing BMC Chapter 11.20 on Street Vacations. APPROVED BY COUNCIL PRE, Stt:)EHT F~MITT.~L: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCEL ACTION: City staff has prepared a new ordinance on the vacation of pubhc rights-of-way. The ordinance streamlines and simplifies the vacation procedure, and brings it in conformity with State Law. The ne,,' ordinance repeals the existing BMC Chapter 11.20, Street and .4llev Vacation Procedure, in its entirety.- replacing it with a new Chapter 11.20, Vacation of Public Rights-of-Way. and removes rights-of-way vacations from the Type IZI Ciw Council Decisions in BMC 21.02.850. A Summary Ordinance for publication has been prepared. Staff recommends passage of the ordinance. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance and its summarv related to vacation of public rights-of-way. upon first reading. B. Motion to pass Ordinance , and its summary related to vacation of public rights-of-way, upon second reading. 9. RESPONSIBLE OFFICIAL: ENTORCEMENT OFFICLA_L: EXPIRATION DATE: REVIEW DATE: CiD' Engineer N/A PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION .APPROVED DISAPPROVED 11. AGENDA BILL NO: q ~5/,. 1 5 ~ (04 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: City staff will continue to use the existing Street and Alley Vacation Ordinance. The confusion in the existing process and deficiencies created by that process will continue. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: No change. 7. RESEARCH SOURCES 99229 VACATION OF PUBLIC RIGHTS-OF-WAY SUMMARY OF MAJOR FEATURES The new street vacation ordinance replaces the existing ordinance (BMC11.20). The following are the major features of that ordinance: · Identifies what constitutes "sufficiency of signature" on petitions to vacate a right-of-way. The signature of every_ property owner of a property is necessary to bind that property, for the purposes of requesting a vacation by the petition method. · A clear definition of a City initiated vacation. For an objection to a City initiated vacation, each property owner adjacent to the proposed vacation can independently object ("one person - one vote", this is different than the sufficiency of signature requirement above). The County Treasurer's records are the basis of property ownership. · Guidance for the City Council to use at the conclusion of the hearing as to whether or not a vacation should be granted. · Ability for the City Council to grant the vacation as orig/nally proposed, deny the vacation, or adjust the vacation. · Allows the City to retain easements for public utilities in the vacated area. · Provides for compensation for three classes ofrig_hts-of-way. · Class I where the City, hold fee simple title would be compensated at 100% of the appraised value. · Class II where the City has a right-of-way interest in an area that is improved would be compensated in an mount not to exceed 50 % of the appraised value of said property. · Class III where the City holds a right-of-way interest in an area that is unimproved and where no public funds have been expended would not require compensation in excess of the fees with the associated vacation. · The value of the compensation can be determined using either an appraisal or through the land values in the County Assessor's records. · The City may waive compensation for other government agencies. · Right-of-way vacations are removed from the Type III City Council decisions (BMC 21.02.850) process, as this ordinance establishes the hearing process for this activity. · An Administrative City Policy has been established to clearly define what departments are responsible for what activities associated with a street vacation. RW/ab ROW, Vacation, Summary ORDINANCE NO. AN ORDINANCE repealing Bremerton Municipal Code, Chapter 11.20 Street and Alley Vacation Procedure in its entirety and replacing it with a new chapter entitled Vacation of Rights-of-Way and amending Chapter 21.02.850 Type III City Council Decisions. Whereas, Vacation of Public Rights-of-Way is established by Chapter 35.79 RCW, and; Whereas, the Bremerton Municipal Code, Chapter 11.20, specifies the process whereby right-of-way is vacated in the City of Bremerton in accordance with Chapter 35.79 RCW, and; Whereas, the existing Bremerton Municipal Code, Chapter 11.20, requires revision to provide conformity with State Laws and clarification of the City process; NOW, THEREFORE, THE CiTY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal and Replace. Bremerton Municipal Code Chapter 11.20 Street and Alley Vacation Procedure is hereby repealed in its entirety and replaced with the following: Sections: 11.20.010 11.20.020 11.20.030 11.20.040 11.20.050 11.20.060 Chapter 11.20 VACATION OF PUBLIC RIGHTS-OF-WAY Purpose. Territorial application. Construction. Definitions. Establishing sufficiency of signatures on petitions. Owners responsibility to notify other property interests. VACATION OF PUBLIC RIGHTS-OF-WAY Page~. 11.2O.O70 11.20.080 11.20.090 11.20.100 11.20.110 11.20.120 11.20.130 11.2O. 14O 11.20.150 Petition for vacation by abutting property owners. City initiated vacation. Limitations on vacations which abut bodies of water. Fixing time for headng. Notice of hearing. Hearing. Recording of vacation ordinance. Compensation. Fees. 11.20.010 Purpose. It is the purpose of this chapter to implement the requirements for the vacation of public rights-of-way in accordance with Chapter 35.79, RCW. 11.20.020 Territorial application. This chapter and the procedures adopted hereunder shall be in effect throughout the City of Bremerton. 11.20.030 Intent. A. This chapter is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is expressly the purpose of this chapter and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter or any procedures adopted hereunder. C. It is the specific intent of this chapter and any policies adopted hereunder to place the obligation of complying with the requirements of this chapter upon the applicant, and no provision is intended to impose any duty upon the City of Bremerton, or any of its officers, employees or agents. Nothing contained in this chapter or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the City of Bremerton, or its officers, employees or agents, for any injury or damage resulting from the failure of the applicant to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter or any procedures adopted hereunder by the City of Bremerton, its officers, employees or agents. VACATION OF PUBLIC RIGHTS-OF-WAY Page 2 11.20.040 Definitions. "City" means the City of Bremerton, Washin~on. "Department" means the Public Works and Utilities Department or other Department designated by the Mayor. "Director" means the Director of Public Works and Utilities or his/her designated representative. "Engineering Division" means the Engineering Division of the Department. "Front footage" means the amount of proper~ that abuts a right-of-way to be vacated as measured in lineal footage. "Front footage basis" means the ratio df the front footage of one or more properties on a right-of-way to be vacated to the total front footage of the right-of-way to be vacated. "Owner" means one who has an interest in real estate or private property as listed in the records of the County Treasurer. "Property" means real estate including any IoL u'a~ or parcel or other subdivision of land. "Right-of-way" means all public streets and pro0er'~y granted or reserved for, or dedicated to, public use for street and alley ~u .~oses, together with public property granted or reserved for, or dedicated to. public use for walkways, sidewalks, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. 11.20.050 Establishing sufficiency of signatures on petitions. A. Sufficiency of Signature. For the purpose of determining the sufficiency of signature(s) of owner(s) on the petition, or consent to vacate the following rules shall govern: 1. The signature of every owner of a property, as determined by the records of the County Treasurer are necessary to bind that property. 2. In the case of ownership by a corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the said bylaws or said resolution, certified by the secretary of said corporation, granting such authority. VACATION OF PUBLIC RIGHTS-OF-WAY Page 3 3. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property. B. The City will rely upon the records of the County Treasurer to determine the owner(s) of a property. 11.20.060 Owner's responsibility to notify other property interests. It is the responsibility of the owner listed in the County Treasurer's Records to notify other persons or entities who have interest in the property who are not listed with the County Treasurer's Office of the proposed vacation. This may include, but not be limited to a mortgagor or contract vendor for pumhase of the property. 11.20.070 Petition for vacation by abutting property owners. A. General. The owners of an interest in any property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council to make vacation. The petition application shall be filed with the Engineering Division. If the petition is signed by the owners of more than two-thirds of the property on a front footage basis abutting upon the par[ of such street or alley sought to be vacated, the council, shall by resolution, fix a time when the petition will be heard. B. Petition application. To initiate a vacation by petition, the applicant must provide the following: 1. The petition signed by owners of more than two-thirds of the property, on a front footage basis, abutting upon the part of such street or alley sought to be vacated. 2. A legal description of the area sought to be vacated. 3. A scale drawing of the part of the street or alley sought to be vacated. The drawing shall show the right-of-way lines, location of any existing surface features such as curbs and gutters, catch basins or power lines, and the locations of existing underground features such as water lines or gas lines. 4. A letter from each utility company that describes any existing or future facilities in the area sought to be vacated and whether any easements are required to be provided prior to a vacation. 5. Payment of the application fee. VACATION OF PUBLIC RIGHTS-OF-WAY Page 4 6. Any other information that may be required by the Director or as specified by this chapter or the policies adopted hereunder, including but not limited to a title report, a survey of the area sought to be vacated by a surveyor registered in Washington, or other information to cladfy issues that may adse because of the proposed vacation. C. Application reviewed. Upon receipt of the application to vacate a portion of the right- of-way, the City will review the accuracy and completeness of the application. The review will include, but not be limited to evaluating; the petition signatures, the legal description, the drawing and the utility letters. If the application is incomplete, the City shall notify the applicant of the errors or omissi~)ns and request the information necessary to complete the application. The information must be provided within sixty (60) days, unless otherwise extended by the City, or the application shall be considered terminated. D. Staff report. When the application review is complete the City will prepare a draft staff report on the proposed right-of-way vacation that provides information and a recommendation on issues that the council must make a determination on in the hearing, the amount of compensation to be paid to the City, and any easements that must be retained. E. Applicant notification for hearing. The City will notify the applicant that the application is considered complete and provide a copy of the draft staff report. Should the applicant elect to proceed, the compensation for the area sought to be vacated shall be paid to the City prior to establishing a hearing date. 11.20.080 City-initiated vacation. A. The City Council may initiate a vacation by adopting a resolution. The same resolution may fix the vacation hearing time. B. Objections. Where the vacation proceeding is initiated by resolution of the council without a petition of the abutting property owners, if 50 percent of the abutting property owners file written objection to the proposed vacation with the City Clerk prior to the time of the hearing, the City Council shall be prohibited from proceeding with the vacation. VACATION OF PUBLIC RIGHTS-OF-WAY Page 5 C. Fees waived. In the event that the City Council initiates a right-of-way vacation, fees shall not be required unless the council directs otherwise. D. Compensation waived. In the event that the City Council initiates a right-of-way vacation, compensation shall not be required unless the City Council directs otherwise. 11.20.090 Limitations on vacations which abut bodies of water. The City shall not vacate a street or alley, or any portion of a street or alley which abuts a body of salt or fresh water without first complying with the requirements for the vacation of such as set forth in Chapter 35.79.035, RCW as presently enacted or subsequently amended. 11.20.100 Fix time for hearing. Upon meeting all requirements of the application for a petition to vacate or passage of a resolution for City-initiated vacation by the City Council, the City Council shall by resolution fix a time when the hearing on the proposed vacation will be heard. The hearing shall not be more than sixty (60) days or less than twenty (20) days after the date of passage of such resolution. 11.20.110 Notice of hearing. Upon passage of the resolution fixing the time for a public hearing, the City Clerk shall cause a written notice of the pendency of the petition to be posted, at least twenty (20) calendar days prior to the date set for hearing, in three public places in the City and a like notice to be posted in a conspicuous place on that portion of the street or alley sought to be vacated. Copies of such notice shall be mailed, at least 15 calendar days prior to the date of hearing, to each owner of proper~ abutting the right-of-way proposed to be vacated, including the petitioners at a local address if a resident of the city, otherwise to the last address showing on the records of the County Auditor. Said notice shall contain a statement in that the City Council has set a hearing on a proposal to vacate the portion described in the notice together with a statement of the time and place fixed for the hearing of the petition and inviting interested persons to appear and be heard for or against the granting thereof or to submit wdtten comment prior to that date. 11.20.120 Hearing. VACATION OF PUBLIC RIGHTS-OF-WAY Page 6 A. Hearing. At the time appointed for the headng of the vacation petition or resolution, or at such time as the same may be adjourned to by the City Council, the matter shall be considered and persons desidng to speak for or against the vacation thereof shall be heard. Following such hearing, the City Council shall determine: 1. Whether the street, alley or portion thereof is no longer required for public use; and vacation of the described portion will better serve the public good; and 2. Whether the vacation is consistent with the City Comprehensive Plan; and 3. Whether the continued use of the proposed vacation as a public way is not of such public benefit as not to justify the cost of maintenance; and 4. Whether the substitution of a new and different thoroughfare would be more useful to the public; and 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists; and 6. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. B. Public comments on vacations. The City Council shall consider public comments for or against the vacation in their deliberations on the vacation. C. Granting vacations. At the conclusion of the hearing and based upon the information in the staff report and the public comment, the City Council shall take one of the following actions: 1. Vacate the street or alley or any portion thereof as described in the original vacation resolution. 2. Deny the request for the vacation. 3. Adjust the area described in the original vacation resolution, provided it is within the originally proposed area to be vacated. D. In addition to the actions listed in C above, the City Council may: 1. Impose other conditions on limitations as it deems necessary to preserve any desired public use. 2. Retain an easement or the right to exercise and grant easements on the vacated land for the construction, repair and maintenance of public utilities and services. 11.20.130 Recording of vacation ordinance. VACATION OF PUBLIC RIGHTS-OF-WAY Page ? The City Clerk shall cause the recording of a vacation ordinance granted by City Council after all conditions set by the City Council have been satisfactorily met. 11.20.140 Compensation. A. Classifications of rights-of-way for purpose of compensation. For purposes of this chapter, all rights-of-way within the city primarily used or reserved for use as public streets and alleys, are declared to be within one of the following ways, including classes: 1. Class I: 2. Class I1: easement or Rights-of-way in which the City holds fee simple title; Rights-of-way in which the interest of the City is limited to a public dght of use for particular purposes which has substantial public improvements in any portion of the right-of-way; 3. Class II1: Rights-of-way in which the interest of the City is limited to a public easement or right of use for particular purposes which are generally unimproved and for which no public funds have been expended in the acquisition or providing improvements. B. Amount of compensation. The amount of compensation required to be paid to the City, as a condition precedent to the vacation of a public way shall be determined according to the following criteria: 1. Class I rights-of-way shall be considered a sale of a capital asset and shall be compensated for at 100 percent of its appraised value. 2. Class II rights-of-way shall be compensated for in the amount not to exceed 50 percent of the appraised value of said property. 3. Class III rights-of-way shall not require compensation in excess of fees associated with vacation. C. Determination of value for compensation. The compensation for the vacated property shall be determined by one of the following methods at the discretion of the applicant; 1. The average property value in the County Assessor's records of the abutting properties weighted on a front footage basis. VACATION OF PUBLIC RIGHTS-OF-WAY Page 8 2. The applicant can provide an appraisal of the property. The appraiser must be a certified appraiser agreeable to the City. If an appraisal is performed it must be used for the determination of compensation. D. Property in lieu of payment. In lieu of payment for monetary compensation, the petitioners may grant or dedicate to the City for street or other purposes, real property useful for that purpose where the property to be acquired by such exchange has an appraisal value at least equal to the amount of cash compensation that would otherwise be required. The City shall not be obligated to accept such an exchange and the decision of the Director on the acceptability of the alternate property offered shall be final. E. Waiving compensation - other governmental agencies. Where vacation or transfer of a public way is applied for by or on behalf of another governmental agency or jurisdiction, the City Council may waive any compensation required by this chapter and may also waive filing fees, if the City Council deems such a waiver to be to the public's interest and advantage. A transfer or vacation of property in which compensation has been waived under this section shall be accompanied by a covenant providinc~ that the City shall be compensated for the fair market value of the interest conveyed or vacated at the time of any future sale or lease of the subject property by said other govemmentai agency. F. Compensation returned. If the City Council denies the petition for vacation, the compensation deposited with the City will be returned to the applicant, without interest. 11.20.150 Fees. A non-refundable fee for accepting and processing right*of-way vacation appiications and any separate direct charges shall be set forth in a fee schedule adopted by the City Council. Fees and charges pursuant to this section may be increased or decreased by the City Council on the Mayor's recommendations in accordance with the changes in costs incurred by the City. Section 2. Amend. Bremerton Municipal Code Chapter 21.02.850 Type III City Council Decisions is hereby amended as follows: VACATION OF PUBLIC RIGHTS-OF-WAY Page 21.02.850 Type III City Council Decisions. (a) Actions: The following actions may be aPproved, approved with conditions, denied, or remanded by the City Council following an open record pre-decision public hearing, unless noted otherwise. Public notice is required for Type III actions. Recommendations will be provided by the Planning Commission following a public meeting. Staff may conduct additional neighborhood meetings when required or when otherwise warranted by the Director for public information or data gathering purposes. An astedsk (*) denotes actions that are exempt from the 120-day requirement. (1) (2) (3) (65) (87) (-1-~9) (1-1-0) Section 3. passage and permit processing Preliminary Subdivision Plat. Final Subdivision Plat. Vacation of existing subdivision. Surplus or sale of other public property. * Planned Unit Development (PUD). Major amendment to a previously approved Type III dec~sion. Binding Site Plan. Non-administrative Special Use Permit. Rezone for specific properties or small area. Development Agreement. Effective date. This ordinance shall become effective ten days after publication as provided. 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 VACATION OF PUBLIC RIGHTS-OF-WAY Page I0 APPROVED this day of ,1999. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk VACATION OF PUBLIC RIGHTS-OF-WAY Page 1 ! SUMMARY OF ORDINANCE NO. AN ORDINANCE relating to Vacation of Public Rights-of-Way and repealing Bremerton Municipal Code, Chapter 11.20 Street and Alley Vacation Procedure in its entirety and replacing it with a new chapter entitled Vacation of Rights-of-Way and amending Chapter 21.02.850 Type III City Council Decisions. Section 1. Repeal and Replace. Bremerton Municipal Code Chapter 11.20 Street and Alley Vacation Procedure is hereby repealed in its entirety and replaced with the following: Chapter 11.20 VACATION OF PUBLIC RIGHTS-OF-WAY Chapter 11.20, Vacation of Pubfic Rights-of-Way, containing the following sections in its entirety: Purpose, Territorial application, Construction, Definitions, Establishing sufficiency of signatures on petitions, Owners responsibility to notify other property interests, Petition for vacation by abutting property owners, City initiated vacation, Limitations on vacations which abut bodies of water, Fixing time for hearing, Notice of hearing, Hearing, Recording of vacation ordinance, Compensation, and Fees. Section 2. Amend. Bremerton Municipal Code Chapter 21.02.850, Type III City Council Decisions is amended to delete the vacation of the street right-of- way from those actions that require a Type III City Council decision. Section 3. Effective date. This ordinance shall become effective ten days after passage and publication as provided. city APPROVED by the City Council of the City of Bremerton this day of 1999, and PASSED by the Council of the City of Bremerton this day of ,1999. The full text of this ordinance is available in the office of the City Clerk, 239 Fourth Street, Bremerton, Washington 98337. SUMMARY OF VACATION OF PUBLIC RIGHT-OF-WAYS Page 1 ':/-8 ~n~o~r 11.20 STREET ~ ALLEY VACATION PROCEDURE Section-~: 11.20.010 11.20.020 11.20.030 11.20.040 11.20.050 11.20.060 11.20.070 PETITION - DESIGNATED. PETITION - EXAMINATION, FEE AND REFERRAL. HEARING BY PLANNING COMMISSION RECOMM~NDATIONS- I~IARING BY COUNCIL - RESOLUTION AND NOTICE. PROCESSING COSTS AND FII,ING FEE. AUTItORI?akTION BY ORDINANCE. DENIAL - RE'rU'RN OF FILING FEE. 11.20.010 PETITION - DESIGNATED. Any. owners having an interest in any. rml estate abutting upon an7 street, or alley, who may desire to vacate the sueet or ally, or any part thereof, shall petition the c/fy council to mnke vac~ion in the manner prc~ded m this chnpter. (Ord. 2334 §1, 1959). 11.20.020 PETITION - EXAM:h'h'ATION, FEE AN'D REFERR.~ The petition gl-mil I:~ presented to ~ ~W enter for exnmi~fion prior to ~ D~nt of ~ 5ling f~. ~e ~fifione~ s~ ~ p~nt ~ ~fion to ~e d~ ~r, ~d ~' ~e ~r a fi~g f~ ~ p~ for ~ ~lufion ~ipt of ~h filing f~ s~ll e~o~ ~n ~ w~n ~ipt ~g ~e ~n[ ~ ~fion ~II ~n ~ p~n~ ~ ~ cl~ w~ ~ ~ ~ ~er~ ~fifion to ~ planning ~mmi~on for exnmi~fion ~ ~~fiom (~ 36~ ~9, 1982; ~& 3597 ~7, 19~; ~& 2334 ~2, 1959). 11.20.0~0 IIEARING BY PLANNING C OM:M:ISSION RECOM:M:ENDATIONS. The planning commi-q~ion may., if it fit, hold a preliminary public hearing thereon at such time, plato, mad upon such nodm a~ the commission ~ determine. The petitioners and all other persons interested in the vacation shall have an oppommity to be heard at the hear~g. The planmng commi~ion after such he:m_ag ~h~ll return the petition to the city council with its written recommendations. (Ord. 2334 §3, 1959). 11.20.040 I:I~ARING BY COU-NCIL - RESOLUTION AND NOTIC~ Upon receipt of the petition and recommendation, thc council will then set a data when the petition shall be heard and shxll instruct, the ~ry attorney to draft a re.solution, in wkich the time the petition shall be heard $b221 be dote,whine& which shall be not more than six-fy d~ys nor less than twenty days after the date of adoption of the resolution, and the ci~' clerk sh~ll giYe twenty days' neti~ of the pen&nc/ of uhe petition by. written noti~ posted in three of the m(~ public places in the city. and a like noti~ m a conspicuous pia~ on the street or alley, sou~t to be vacate. ~'Fhe notice shall contain a statement that a petition has been filed to vamte the su-eet or alley described i.n the nod~, together with a statement of the time and pia~ fixed for the hearing the:~£ (Ord. 2334 §4, 1959). 11.20.050 PROCESSING COSTS FILING FEE. :f the cas',: of processing the petition for vacation is ~m'eater th~n the fee, then the city shall demand and re~ive from the pet/t/one,s, bafom vacating the su'eet, the difference berw~n :he ccsts involved and the filing fee. (Ord. 2334 45, 1959). 11.20.060 AUTHORIZATION BY ORDINANCE. At the time appointed for the hearing of thc petition, the petition shall be heard and if the council determines to grant the petition or any I1-12 utilities a~i service. (Ord. 2:3:34 ~5, 1959). 11.20.070 DENIAL - RKTURN OF FTT,TNG FKK. In the event t~ the city. coun~ at the hearing on the pe6tion ~i-mn d~ny thc vacation of ~ street or alley, the city may if it ~ it to the be~/nterest of the c/ty, return th~ filing f~ to th~ pefition~. (Ord. ~34 ~7, ~59). 11-13 Document ~- _ Page 1 of 8 Revised Code of Washin ,qton TITLE 35 RCW CITIES AND TOWNS CHAPTER 35.79 RCW STREETS--VACATION Sections 35.79.010 35,79.020 35.79.030 35.79.035 35.79.040 35.79.050 ~CItAPTER~ ~35.79~ ~RCW~ STREETS--VACATION Petition by owners--Fixing time for hearing. Notice of hearing--Objections prior to hearing. Hearing--Ordinance of vacation. Limitations on vacations of streets abutting bodies of water--Procedure. Title to vacated street or alley. Vested rights not affected. RCW 35.79.010 Petition by owners--Fixing time for hearing. 4 Applicable Cases The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property, to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof,, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 c 7 § 35.79.010. Prior: 1957 c 156 §,., ~' 1901 c 84 § 1, part; RRS § 9297, part.] RCW 35.79.020 Notice of hearing--Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twent',~ davs' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all. cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as~hovcn-on-the-rolLs-of~the coun~__trea_sure_r, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting~r__o_p_egy__owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part; RRS § 9297, part.] http ://www.mrsc.org/cgi-bin/om_cgi.exe?clientlD=20963016&infobase--rcw.nfog6/4/99=35.79 Document Page 2 of 8 RCW 35.79.030 Hearing--Ordinance of vacation. 6 Applicable Cases The hearing on such petition may be held before the legislative authority,, or before a committee thereof upon the date. fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated, except in the event the subject property, or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation: PROVIDED, That such ordinance may provide that the city retain an easement or the fight to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. [1987 c 228 § 1; 1985 c 254§ 1' 1969c28§4. Prior: 1967ex. s. c129§ 1;1967c 123 § 1' 1965c7§ 35.79.030; prior: 1957 c 156 § 4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water--Procedure. 1 Applicable Cases (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sou~-&t to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites. park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, http ://www.mrsc.org/cgi-bin/om_cgi.exe ?clientlD=20963016&infobase=rcw.nfo86/4/99=35.79 Document Page 3 of 8 launching sites, beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public heating or send a letter to a particular official indicating his or her objection; and (d) Make a finding that the street or alley soug_ht to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest. (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 § 2.] RCW 35.79.040 Title to vacated street or alley. 7 Applicable Cases If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. [1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS 3 9299.] RCW 35.79.050 Vested rights not affected. 2 Applicable Cases No vested rights shall be affected by the provisions of this chapter. [1965 c 7 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.] CHAPTER 35.80 RCW UNFIT DWELLINGS, BUILDINGS, ANT} STRUCTURES Sections 35.80.010 Declaration of purpose. 35.80.020 Definitions. 35.80.030 Permissible ordinances--Appeal. 35.80.040 Discrimination prohibited. RCW 35.80.010 Declaration of purpose. It is hereby found that there exist, in the various municipalities and counties of the state, dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of such municipalities and counties. It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended, and that the necessity of the public interest for the enactment of this law is hereby declared to be a matter of local legislative determination. [1989 c 133 § 1; 1969 ex.s. c 127 § 1; 1967c111 § 1;1965c7§35.80.010. Prior: 1959c82§ 1.] http ://www.mrsc.org/cgi-bin/om_cgi.exe ?clientlD=20963016&infobase--rcw.nfo86/4/99=35.79 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance No. Setting fees for Vacation of Public Rights-of-Way. FOR AGENDA OF: ORIGINATEWG DEPT: ORIGINATOR: DATE SUBMITTED: August 11, 1999 PW&U En~oineedn~ Div. Randy Wirt. City En=mnee~ Au~m~st 2. 1999 Director, Public Works/Utilities Ci~' Attorney -~-'------J~~ C iw Treasurer Cit~ Clerk ' _ He~d at the City Council smdv sessiorF0~%ui~-11, 1999. / MAYOR~ ¢~. COUNCIL PRESDENT · 't/ //.'. ' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COuNCIi~ AcTIoN: EXHIBITS 1. OrdNance No. , Setting Fees ibr Vacation of Public Rigd~ts-of-Way. Ciw staff presented to the City, Council a new ordinance on the vacation of public rights-of-way. This companion ordinance establishes a fee structure for processing the applications for vacation under the new ordinance. It sets an application fee of $517.00. which is the existing fee. It allows for automatic annual adjustments based upon the Seattle Area Consumer Price Index. Staffrecommends passage of the ordinance. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance setting fees for vacation of public r4ghts-oAway, upon rSrst reading. B. Motion to pass Ordinance reading. setting fees for the vacation of public rights-of-way, upon second 9. RESPONSIBLE OFFICLAL: ENTORCEMENT OFFICL&L: EXPIK-XTION DATE: REVIEW DATE: Ciw Treasurer Ciw Enmneer PULLED TABLED COUNCIL DERECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGEbFDA BILL NO: 6~ ~ .. [¢ 0 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Application fees for Vacation of Public Rights-of-Way will not be able to be collected in accordance with the ne~v Vacation Ordinance. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIP~IENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES 99241 ORDINANCE NO. AN ORDINANCE setting fees and charges for application and processing requests to vacate the public right-of-way, and establishment of annual adjustments. Whereas, Bremerton Municipal Code, Chapter 11.20, requires that a fee schedule be adopted by the City Council for fees and changes associated with the vacation of public right-of-way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Establishment. PURPOSE. This ordinance establishes fees and charges for the vacation of the public right-of-way. This ordinance further establishes automatic annual adjustments of the fees and charges for public right-of-way vacations. I. RIGHT-OF-WAY VACATION. Each application submitted for a Public Right-of-Way Vacation shall be charged a non- refundable fee of $ 517.00. II. ANNUAL ADJUSTMENT. The fees set forth in the ordinance shall be adjusted on February 1st of each year based upon the Seattle Area Consumer Price Index, for all permits for the year ended December of the preceding year unless otherwise adjusted by the City Council. The fee shall be rounded down to the nearest dollar. FEES AND CHARGES TO VACATE THE PUBLIC RiGHT-OF-WAY Page 1 Section 2. Effective Date. This ordinance shall become effective ten 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. days after MIKE SHEPHERD, Council President APPROVED this day of ,1999. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk FEES AND CHARGES TO VACATE THE PUBLIC RIGHT-OF-WAY Page 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ~'~ 1 ~ REQUIRING 2318 9TM STREET PROPERTY OWNER TO REPAIR SIDEWALK 2. CLEARANtZES: (Comment on back /Dire~f o f t~ub lic/0qt}r~4~ Utilities City AttOrney Council F~sf.41. &,/,~Budg_e~Commit[~ Council Operations Committee FOR AGENDA OF: Aug 11. 1999 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Engineer. DATE SUBMITTED: July 19, 1999 3. EXItIBITS: 1. Proposed Resolution ,2 71 ~ 2. Letters (2) to Property Owner 3. Photos of Damage ENDORSEMENT~ INFORMATION [ ] APPROVED BY COUNCIL PRESIDEN~T~FOR'SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The sidewalk in front of 2318 9'h Street has tailed and is severely cracked and in an unsafe condition for use b~ the general public. The property owner. Ms Tvkie Pickler. has been notified of abutting proper2,.' owner's responsibilit.x for sidewalk condition and to date has refused to accomplish the repairs to the sidewalk. The request before the City Council is to adopt the proposed resolution requiring the property owner to get permits within 10 days and make needed repairs to the sidewalk within 30 days of passage of this resolution. 8. RECOMMENDATION: ye. ~.~, ~ Cit.,,,' Council adopt the proposed resolution'and require the property owner at 2318 9"~ Street to repair thc sidewalk abutting the property, and if the repairs are not completed as required in the proposed Resolution. the Citx' shall make the repairs and lien the property, for costs. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICLa~L: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] COUNCIL DIRECTIVE: APPROVED [] DISAPPROVED Il AMENDED [] 11A (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Without being repaired the sidewalk abutting 2318 9~' Street will remain damaged and unsafe for usage by the general public IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT AND OTI-IER RESOURCES: Staffing: No impact Budget: No impact Facilities/Equipment: No impact. 7. RESEARCH SOURCES: RESOLUTION A resolution requiring the property.- owner of 2318 9~ Street, Bremerton. Washin~on to repair sidewalk. WHEREAS, the City Council finds that sidewalk to the south side of 2318 9th Street is an unsafe condition for the general public's use; and WHEREAS, Bremerton City Ordinance #2968, Bremerton Municipal Code 11.08 and the Revised Code of Washin~on 35.69 states it is the responsibility of the abutting property.' owner to keep the sidewalk area safe; and WHEREAS, City staff determined the sidewalk failure resulting in the unsafe condition is caused by the property, owner's use of the sidewalk for driveway access; and WHEREAS, City staff has made multiple attempts to cause the property owner, Ms. Tyke Pickler, to make necessary repairs to relieve the unsafe condition; and WHEREAS, Ms. Tykie Pickler has vet to make the necessary, corrections to the sidewalk abutting the property; and ~WI-IEREAS, the property, owner will be required to construct the improvement at her own cost/expense, now therefore BE IT RESOLVED BY THE BREMERTON CITY COUNCIL Ms. Tykie Pickler. property owner of 2318 9a' Street. has ten (10) business days after the passage of this resolution to have all necessary permits and thim~ (30) business days in which to correct the hazardous condition of the sidewalk abutting the property. If said sidewalk is not corrected to meet the Citw of Bremerton Standards within fortv-five (45) business days after passage of this resolution, the City of Bremerton will make the repairs, then bill and lien the property. BE IT FIN.aLLY RESOLVED that if Ms. Tvkie Pickler does not complete the necessa~' work described above, bv the timetines stated, the City of Bremerton will complete. bill and lien the property. PASSED by Ciw Council of the CiD' of Bremerton this __day of .1999. MIKE SHEPHERD Council President PUBLIC WORKS ANI) UTILITIES 3027 Olympus Drive · Br=mer~on, WA 98310-4799 - (360) a78-53 I8 · FAX (360) a78-50I S ENGINEERING DIVISION Iuly 20, 1998 Tykie Pickler P.O. Box 664 Kelso, WA. 98626 Dear Tykie Pickler, A complaint has be~n received in fids o~ce about the condition cf~e sidewalk on the Seurln side of your prope, ~--zy at 2318 9~ St. :-k check of the condition of the sidewalk reveals tha~: k does net meet nh_e City of Bremenon Sram'cma-ds and is unsafe for the general use of the public. According To Ckv OrdNance g2968 and the Laws of the State cfWa~kin~om, ir is the responsibiiiv/of the abumug prcperzyC owner to k~p the sidewalk ares in a safe condiricn fcr general use by the public. Therefore, it is requested that you krfform the City of Breme:-rcn Enmneefin~ Deor. v~irJnin: days ~ ~o; ' ~ 'dais le~er on. _ _ ~ - . c. re~.vm_ vcuz :lams ~o carre~ the hazardcus concikion. P~cr to mai~ing the repairs, you must obtain a pe:-mk from this or'c=. naming tke City of Bremenon as am additional ironed and a $21.00 insoec-dcn re: are required for -~he pennk. If you have amy questions regar~-g the requirements or ine ~ts of reoairs ne=ded, ccnta~ Ice Scb_noebe!en a= S mc ~. Semor EngSneer tS/bk vegemtion'ssidewlk Equal Opportunity. Employer ~ 24? 821 US Posta~ Service Receipt for Certified Mail No Insurance Coverage Provicted. D_o not U_se for International Mail (See Au~st 13, 1998 )RI4~ A_N'D L~LITIES five · Brcmc.-xon. WA 98310~799 · (360) 478-5318 · FAX (360) -~78-5018 ENGEN3EERENG D1WISION Cemfied Mail #P 387 247 822 Tykle Pickler P.O. Box 664 Kelso, WA_ 98626 Dear Tykie Pickier, A recent review of your property, reveals that you have disregarded our previous letter requesting that you repair the damaged sidewalk in front of your prapercy at 2318 9th St. It is therefore requested dnat you contact -doe City. ofBremerron En_mneer/ng Division or, ce w4thin 10 days from the date offffis letter on your plans to corre~ the hazardous condition. Should vou fail to rest~ond to this request, a Resolution will be presented to .'.he Ci~' Ccuncii :o provide for the repair oft:ne sidewalk and the cost of such repair vv47Ll become a charge ag~_L, nsr you and a Lien against the prcpe.,-ry. If vou have any questions, please conrac: Joe Schnoebelen in the En_mnee?mg Div/sion at -'.78- 5343. Sincerely, ~~ W. Shea Se~rr En~neer JS/bk vegtamc'qok Equal Opportunity Employer AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUT. ION# MAKING 14TM STREET NO PAR_K_TNG ALONG THE NORTH SIDE FROM SHELDON BLVD TO PARK AVE 2. CLEARAN~ (Comment on back Utilities Ciw Agomev City,Clerk ~ /-'-3 , C~uncil F~sg. al~ Bud[et Corn~tt~/ Council Operations Committee FOR AGENDA OF' August 11. 1999 ORIGINATING DEPT: Public Works & h3tils,r ORIGINATOR: R. Witt, City.- Engineer. DATE SUBMITTED: July 1, 1999 3. EXHIBITS: 1. Proposed Resolution 2. Map of Location ENDORSEMENT~ INFORMATION [ ] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAY( ?/--']. (~ COL~CIL PRESIDENT ..j ;~/~ .~'~.:...-/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Parks and Recreation Department has requested that 14th Street between Sheldon Blvd. and Park Ave. be marked "No Parking" along the north side of the street. Currently 14~h Street is configured as 30 feet wide. single lanes of traffic in both directions, and parking permitted on both sides of the street. This being one of the main access routes to Evergreen Park there is concern that parking on both sides of the street will restrict the flow of traffic into the park and pose a hazard due to the closeness of vehicles to each other. Engineering staff supports this request. City Council action is required since the Model Traffic Ordinance. BMC 10.04. retr/cts the Traffic Engineer's authority for parking on streets over 28 feet wide. The request before Council is to approve marked "No Parking" along the north side of 14~h Street between Sheldon Blvd and Park Ave. 8. RECOMMENDATION: City Council adopt proposed Resolution No..~,,~ ~''~'' ~( Sheldon Blvd and Park Ave. PULLED [1 TABLED Il COUNCIL DIRECTIVE: to restrict parking on the north side of 14th Street between 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED [ ] DISAPPROVED [1 AMENDED [1 11B (OVER) 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Access along 14~ Street would be restricted and possibly unsafe due to parked cars along both sides of 14~ Street. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: No impact Budget: No impact Facilities/Equipment: No impact. 7. RESEARCH SOURCES: RESOLUTION a~,~ I e'l A resolution prohibiting parking along the north side of t 4th Street from Park Avenue to Sheldon Boulevard. WHEREAS, 14TM Street is 30 feet wide and is currently configured to allow 2 lanes of traffic and parking on both sides of the street; and WHEREAS, 14t~ Street serves as a main access route to Evergreen Park: and WHEREAS. the City Council finds that 14t~ Street is too narrow to provide parking on both sides of the street and facilitate free flowing traffic; and WHEREAS, the Revised Code of W~shington 35A. 11.020 states that the city legislative body shall have powers over the use of public ways, now therefore BE IT RESOLVED BY THE BREMERTON CITY COUNCIL Parking along the north side of 14th Street from Park Avenue to Sheldon Boulevard shall be prohibited. This shall be effective at which time the "No Parking" signs are installed alon~ 14m Street. - PASSED by City Council of the Ciw of Bremerton this __ day of . 1999. MIKE SHEPHERD Council President 1. SUBJECT: Public Hearing Resolution # ~ oQ~ , regarding recovery, of fees for removal of vegetation on the listed properties. AGENDA BH~I~ BREMERTON CITY COUNCIL FOR AGENDA OF: Aumist 11, 1999 ORIGINATING DEPT.: Economic and Community Development Dept. ORIGINATOR: Jon Holan DATE SUBMrrTED: 2. CLEARANCES: (Comment an back if Comm. Dev. Di/.~.' ,,~ _/~- City Clerk: ~ Ci~ A~o~ey:~ --~ ~.~ EXHIBITS: 1. Resolution # 2. Property Identification List 3. Photos ENDORSEMENT/¥ INFORMATION / APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRES[DENT~v~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ordinance g4584 declares that it is unlawful and a nuisance to allow, continue, or maintain grass and weeds exceeding twelve (12) inches in height, shrubs, brush, vines or trees which constitute a fire hazard or provide a harborage for rats, rodents or horticultural pests, or noxious and poisonous plants. The listed properties are currently in violation of the ordinance and pursuant to Section 9.14 of the Bremerton Municipal Code, Council is asked to approve the removal of the nuisance vegetation on the property, and collection of the costs incurred by personal judgment against the owner and a lien against the properD'. RECOMMENDATION: It is recommended that Council, by Resolution # ~.?oQ~, order that the nuisance vegetation on the properties identified by the attached listing be removed by the City. with fees incurred collected as reasonable abatement costs, which shall become a personal judgment against the owner and a lien against the propert?. 9. RESPONSIBLE OFFICL-kL: Jon Holan ENFORCEMENT OFFICIAL: Jon Holan EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED COUNCIL DIRECTIVE: APPROVED DISAPPROVED .4~MENDED DATE: 12A 11. AGENDA BILL NO.: qC~_ /f_.~_~ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Ordinance g4584 would not be enforced and nuisance vegetation would continue to thrive in the City of Bremerton. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. e RESEARCH SOURCES: N/A RESOLUTION # A RESOLUTION approving nuisance vegetation abatement on the listed properties and determining means of collection of costs incurred for its removal. WItEREAS, the City of Bremerton passed ordinance ~4584 in February of 1997, which declares certain vegetation a public nuisance, a fire hazard and a menace to public health, safety and welfare and requiring its abatement; and WltEREAS, Section 9.14 of the Bremerton Municipal Code allows the City to remove nuisance vegetation and recoup the costs by personal judgment against the propert~ owner and as a lien against the property; and WHEREAS, the City Council is charged with determining whether the vegetation is a nuisance and whether it shall be removed and has considered the report filed by the Building Official and any protests or objections filed; now therefore BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the vegetation shown to exist on the listed properties is a nuisance. 2. That the City of Bremerton will exercise its right to remove said nuisance vegetation and recapture abatement fees by pursuing a personal judgment against the properD/owner and filing a lien against the property... 19 PASSED, bv the City Council of the City of Bremerton this day of MIKE SHEPHERD Council President WEED ORDINANCE VIOLATION LISTING AUGUST 11, 1999 /. ADDRESS 1519 N. Callow Ave. OWNER Daniel Cole 17096 Lemolo Shore Drive Poulsbo, WA 98370 1341 N. Cambrian Ave. 2500 Cherry Pl. James and Jan .Anderson 1341 N. Cambrian Bremerton. WA 98312 Bremerton Medical Leasing 900 Sheridan Road Unit 109 Bremerton, WA 98310-2701 4. 1337 Dora 2434 N. Lafayette Ave. Allan Cunningham 415 Robinwood Dr. NE Bainbridge Island, WA 98110 ,adex J. Roos 2434 N. Lafavene Bremerton. WA 98312-2754 5. 1102 Pleasant Ave. Norman Jack Lee. Jr. 2115 Bum-ell PI. Bremerton. WA 98312 7. _~30_ Preble St. Randy Boag 3404 Porter. Bremerton. WA 98~I_ 716 S. Summit Ave. Roger E. Silken 4439 NE Forest Drive Bremerton. WA 98310 9. 720 S. Summit Ave. . 1216 - 6th St. Roger E. Silken 4439 NE Forest Drive Bremerton, WA 98310 Caroline A. House 702 Hewitt Bremerton, WA 98337-1067 11. 13. 15. 16. 17. 18. 1226 - 6th St. 1528 - 7m St. 839- t0th St. 615 - 11m St. 1931 - 11m St. 1914- 13m St. 2908-13m St. E. 16th St. and Nipsic Ave. Ocwen Federal Bank 1675 Palm Beach Lakes Blvd. ~11 West Palm Beach, FL 33401 Diana Peusa P.O. Box 4173 Bremerton, WA 98312-0173 Gary and Dawn Carter (Foreclosure) Miami Valley Bank 24315 Northwestern Hwy Suite 200 Southfield, M1 48075 Walter D. Scamehom Maynard J. Anderson 2401 Crystal Springs Road W. Tacoma, WA 98466 KerryleaRanger 3816 - 41~ Avenue SW Seaale, WA 98116 Donnel and Pamela Cribbins P.O. Box 131 Cormell. WA 99326 Investors' Mortgage Co. 1000 - 124th Avenue NT Suite 101 Bellevue, WA 98005-2545 Michael W. Norman 9500 Willamette Meridian Rd. NW Silverdate, WA 98383 10g. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~'7o~- ! , regarding recovery of fees for the abatement of garbage and debris on the property located at 1216 Park Avenue. FOR AGENDA OF: August 11. 1999 ORIGINATING DEPT.: Economic and Community Development Dept. ORIGINATOR: Jon Holan DATE SUBMITTED: 2. CI,EARANCES: (Comment 9j~back if necessary.) ~ /./,/~j//~ Comm. Dev. Di~/~'/~ / ~ City Clerk: ~~ City Attorney: ~ ~ ~ 3. EXHIBITS: 1. Resolution # ~'7 ~ I 2. Clerk Report 3. Photos 4. S~RY STA~MENT AND ~Q~MENT FOR CO~C~ ACTION- On M~h ~, 1~, an Or~r to Remove R~ ~t~n 72 ~m w~ ~ on the pm~ l~a~ at 1216 Pa~ Avenue, due to the pl~ement of fumim~ garble ~d debd~ in ~e y~d of t~ ~ ~e o~er w~ m~ m the o~er. ~elen ~gen by both ~lar ~d ce~fied m~l: I~ ce~ified m~l copy w~ ~i~ed for by ~elen ~g~n on Aphi 8. 19~. No action wa~ ~en by ~en ~d ~blic Wo~ w~ ~h~nled to ~move the debd~ when a fi~ ~cn~ ~hold ~lon~gs we~ thm~ out of the hou~ imo the yard du~ng the fi~ ~hfing ~o~ On June 16, 19~, ~other O~er to Remove Re~ wi~n 72 H~ w~ po~ed on the p~pe~, de, rig the ad~on~ items which we~ now in the var~ A copy w~ h~d~efive~d ~d explained to Helen ~ggen at her home ~d ~other copy m~ied by ce~fied m~L ~e ce~fled marl copy w~ ~ived by ~ggen on June 17, 1~9. On June 29, 19~ the debris w~ ~moved bv ~b~c Wo~ The f~s cha~ed by ~blic Wo~s ~ounted to $1,153.07 ~d a~ ~t~led on the a~hed ~te~d tr~er. WRh the addition of the a~ini~rafive f~s for g~b~e abatements, the tot~ ~nt for which lien app~v~ is ~qu~ted is S1,737.07. RECOMMENDATION: It is recommended that Council, by Resolution # o~,'~ ~, I , order that the fees incurred for the abatement of garbage and debris located at 1216 Park Avenue be collected as reasonable abatement costs and become a lien against the property,. 9. RESPONSIBLE OFFICIAL: Jori Holan ENFORCEMENT OFFICIAL: ~lon Holan EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED ~ DISAPPROVED AMENDED DATE: 11. AGENDABILL NO.: ~q- /6'~ CLEARANCE COMMENTS: e J IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT 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 # ~-7 ,:~ / A RESOLUTION reviewing charges for the abatement of garbage and debris on the property at 1216 Park Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 1216 Park Avenue; and WHEREAS, 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 thev should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Planning Manager of the Citv of Bremerton recommends the fees be collected as a lien against the property located at 12 t 6 Park Avenue, now, therefore. BE IT RESOLVED, by the City Council of the Citw of Bremerron: 1. That the abatement charges included in the report of the Building Official in the amount of $1.737.$7 for the property located at 1216 Park Avenue, Bremerton. attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees bv filinv, a lien a_oainst the property. PASSED, by the City Council of the City of Bremerton this day of 19 MIKE SHEPHERD Council President CITY OF BREMERTON · 239 4th Street · Brernerton. x, VA 98337 Memorandum DATE: TO: FROM: RE: CC: July 26, 1999 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS II Public Hearing; 1216 Park Jon Holan Paula--Public Works removed garbage and debris from the property located at 1216 Park Avenue after the owner, Helen Higgen, failed to do so as ordered bv the Building Official. The cost of the work per the attached interfund transfer, was $1,153.07. With the addition of the administrative fee for garbage abatements, the total charges amounted to $1,737.07. I have scheduled a public hearing for Au~m~st 11 for Council to decide if the fees are just and reasonable and how rhev should be collected. Equal Opportunity Employer CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DA.YE 'T2,'99 t'i'-K.. -XNSFER~ ':302:/ TO COMPLETE THIS FORM IN' DL'PLICATE AND RET-LTLN' TO ACCOL~'TS PAY.43BLE Econormc,'CommumLy Development PWO-STREET DIVISION FROM Abatements (REVENUE DEPARTMENT) (EXPENDITUR.E DEPART3,. iENT'; DESCRIPTION TOTAL Charges per attached summary, for: June !999 LABOR EQLTPN~NT NL~TERIALS SALEST.(X TOTAL B LAS 53:9.55 57-.00 5.z56.-2 50.C0 AC,...,OUN i ,x'.MC U N- -'CC, CUNT 12-3z9.5900 5:.:f_z.5- (Sign Here)~ EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 7/i2/99 5:48:46 PM CITY OF BREMERTON PWO-STR_EET Customer: BLAB Date ID Numbers 6/29/99 s~m,-~ ~0~ 0909 3093 0524 2013 0583 3009 2087 DUMPOU Econormc/Communi .ty Development - Abatements Descripti~,n BLAB Clean debris at 1216 Park Avenue alter burn. Brian Brewer 1988 [nt'l i2 yard Dump Track Coien Corey '92 GMC 1-TON P/U Mark A. Thompson '92 JOHN DEERE 54-rE LO.-UDER Amdrew Randolph Dump Fees - Oly. View samrar7 Landf'~ll Regular 4.00 hr 4.00 hr 1.00 hr 1.00 hr Z.00 ~'x z.00 ~ Z.00 ~ 22.00 ,vd Over~iIne C'. o~t~ 59.,~0 539.30 5z56.-2