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HomeMy WebLinkAbout05/08/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MAY 8, 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~~ A. Minutes - April 24, 1996 #AB96-091 CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. AGAPE Administration Fees ORDINANCES A. Ordinance 94551 (Second Reading) Amending The Selection Process, Benefits, And Starting Compensation For Department Heads, Management And Professional Staff; And Amending Chapters 2.49 And 2.50 Of the Bremerton Municipal Code #AB96-080 ~ PUBLIC HEARING - 6:00 P.M. OR LATER A. Almira/Riddell Road Apartment Site Plan Review #AB96-093 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: MINUTES - APRIL 24, 1996 FOR AGENDA OF: MAY 8, 1996 ORIGINATING DEPT: Oitv Council ORIGINATOR: $ohn Law, Prm.~dmnt DATE SUBMITTED: . 4-30-95 2. ~ARANCES: (com/~ent on back if necessary) 3. EXHIBITS: ENDORSEMENT __ INFOR14ATION __ APPROVED BY COUNCIL P~DE_~NT FOR SUBMITT~L: MAYOR COUNCIL PRESIDENT' 4. SUMY~Y STATEMENT AND REQUIREMENT FOR'COUNCII~ ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE:' REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: TAPE #1374 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES APRIL 24t 1996 #0031 #0051 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, April 24, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, and Richard Neville. Councilman Lon Overson was absent. Also present were City Attorney Ian Sievers and City Clerk Kathy McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Pastor Scott Shaw of Bremerton Church of the Nazarene. CONSENT AGENDA ae Resolution No. 2543, Setting Hearing Date for Street Vacation; Applicant: Star of the Sea Street #AB96-081 M/S/C/U(Neville/Farr) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on April 24, 1996, the Council does approve for payment those vouchers included and further described as follows: 197059 through 197338 in the amount of $682,999.82; and Regular Payroll in the amount of $693,729.28 for the period ending April 15, 1996. COUNCIL MEMBER REPORTS Mr. Winters reported today he attended a luncheon celebrating National Secretaries' Day and a joint meeting of the Silverdale and Bremerton Chamber Of Commerces, at the Kitsap Golf & Country Club. Mr. Colvin pointed out the good work of the City's street sweeper and he extended a special "thank you" to Mayor Horton for helping get rid of the Scotch broom at the north end of the Warren Avenue bridge. He also believed Sun reported Jim Rothgeb brought about some influence toward the removal of the Scotch broom. He recalled TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 2 of 12 several Council members volunteered to donate a rhododendron plant to replace the Scotch broom. (Note: When he asked his fellow Council members who had offered to make such a donation, all Council members present raised their hand.) He was given the following suggestion and asked to pass it along: There are a lot of citizens unable to purchase computers for their children, and there are a lot of businesses upgrading their computer programs that are willing to donate those computers for a good cause. The next step would be to find a building to house the computers, enlist assistance from the 500 senior computing members in this community to teach our youth how to use computers during the summer. Mr. Colvin sees this as a great way to keep kids off the street and provide an opportunity of learning, which would pay dividends for the citizens of Bremerton. Mr. M¢Connell reported this afternoon he had the honor of interviewing three Bremerton High School students, who were being considered for a Citizenship Award. He was of the opinion if the majority of the High School students in Bremerton are like the three he met today, the future doesn't have anything to worry about. Mr. Farr stated all the things he was going to report on had been thwarted. He was going to report on the nice new sidewalk and removal of trees along Ivy Green Cemetery, but as he turned right to go north on Naval Avenue, he nearly drove into the ditch that is still open along the sidewalk. He was going to mention the Christmas In April program taking place this Saturday, but Emily Moshay is in the audience to make such a report. He was going to report on the progress of some concerns by constituents about the increasing number of people running red lights at intersections, but he failed to make contact with the Police Chief to provide that update. Mr. Neville reminded everyone of the Harrison District meeting on April 29, 7:30 P.M., at the Canterbury Manor. Mr. Law extended condolences to the Lawrence Stein family in the passing of Larry Stein. The Council will hold a Study Session immediately following the Council meeting to discuss Zone Map and Text Amendments. MAYOR'S REPORT Mayor Lynn Horton reported the City is going to have a thorough investigation following the assault of a young man at a local tavern over the weekend. This establishment has had a number of complaints due to noise in the past, and the City's goal is to pursue any business establishment to make sure they follow the TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 3 of 12 rules, and do not become detrimental to a neighborhood. The FBI is also involved to determine if this case should be prosecuted as a "hate crime". The Mayor thanked all of the people involved for their efforts during "Clean Up Week". Mayor Horton read the following Proclamations: 1) April 21-27, 1996 as STUDENT LEADERSHIP WEEK. 2) May 5-9, 1996 as NATIONAL SAFE DRINKING WATER WEEK. Kathleen Cahall, Water Resources Manager accepted the Proclamation, and announced the City will hold an OPEN HOUSE of City services on May 16. Citizens can call 478-5920 for more information. PUBLIC RECOGNITION Donald Larson, Washington Scuba Alliance, reported on the Sinclair Inlet Clean-Up event, and discussed the possibility of an underwater park in Bremerton. Jo¥ce Whitehead, Washington Scuba Alliance, publicly thanked all of the volunteers and businesses involved in the Sinclair Inlet Clean- Up event, which was held on April 20. H. Emily Mosha¥, 1206 Park Avenue, announced Christmas in April will take place on Saturday, April 27, with approximately 250 volunteers working on nine homes. Also, on Saturday, May 4, 1996, the Community Wellness Festival will be held at the Westpark Community Center from 11:00 A.M. to 5:00 P.M. The focus of this event is health care needs in Kitsap County, especially for people of color. Call Valerie White at 871-2583, or Sherry May at 377- 7667 for additional information. John Thomas reported, at the Mayor's suggestion, he drove across the Warren Avenue Bridge today and viewed the improvements resulting from removal of the Scotch broom. 7A - BID AWARD -- GOLD MOUNTAIN GOLF COURSE GROUNDS MAINTENANCE FACILITY, TRUSS INDUSTRIES, INC. ~AB96-082 Bids were opened on Thursday, April 11, 1996 for the new Gold Mountain Golf Course Maintenance Facility. Nine (9) bids were received for this project. (See attached Bid Opening List.) The iow bidder is Truss Industries, Inc., from Seattle, Washington for the base bid amount of $420,425.00. The recommendation before Council is approval of Truss Industries, Inc.'s base bid of $420,425.00. Dan Miller, Project Manager, reported the Grounds Maintenance TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 4 of 12 #0951 Facility will be constructed on a shared site in cooperation with the Forestry Division. The site is west of the existing golf course. The existing grounds maintenance building will be demolished, and the area will then be used for additional parking. Public comment - none. Mr. Winters asked if the recommended company was the lowest bidder? Mr. Miller stated yes, and the second lowest bidder was $50,000 higher. Mr. Winters asked what was the total amount allotted for this project? Mr. Miller responded between $450,000 and $475,000. The City has not used Truss Industries before, but their references were checked with numerous other agencies. Mr. Winters noted in a past project for the Department of Wildlife the following comment was made: "yes, they would work with Truss Industries, Inc., again; and there were no change orders or requests for additional time." He asked Mr. Miller the top end of change order costs? Mr. Miller stated the top end currently is Change Order #3, which is an estimate of $50,090, which he views as the final change order for the initial contract to build the new golf course. Mr. Colvin asked if golf carts would be housed in this facility? Mr. Miller stated no. The proposed facility will only house staff and maintenance equipment required to maintain a 36-hole golf course. M/S/C(Huff-Menees/McConnell) to approve the award of this contract to Truss Industries, Inc. in the amount of $420,425.00, and if approved, to authorize the Mayor to execute the same, subject to City administrative policies and procedures. Vote on motion: Motion carried. In Favor: Opposed: Overson, Neville, Farr, Huff-Menees, Law, McConnell, Montgomery, Colvin Winters 7B - AGREEMENT FOR CONSULTANT SERVICES, DYES INLET IMPLEMENTATION GRANT, #AB96-083 The City of Bremerton concurred with the Dyes Inlet Watershed Action Plan in 1992. That plan identified actions that the City and other local and state agencies should take to prevent water pollution in Dyes Inlet from non-point pollution sources. Many of the actions the City agreed were important concerned stormwater. Kitsap County has received a Centennial Clean Water Grant for $250,000 from Department of Ecology to implement some of the actions. The City has been asked to participate, along with about 10 other local organizations, and would receive 75% funding for a proposed stormwater monitoring project. The City would receive 5 TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 5 of 12 #1125 reimbursement in accordance with the attached agreement. K&thleen Cahall Water Resources Manager, stated in this case the City of Bremerton is the consultant and will be paid 75% for our project. The City's participation in this grant with Kitsap County helped pay for the water quality stormwater project. The project will involve looking at inappropriate connections to the stormwater system. Separated stormwater is not treated, so anything that gets into the stormwater system will end up in Puget Sound untreated. This grant is a good example as to what can happen when local agencies come together and work toward a common goal and Kitsap County is to be credited with bringing the various entities together. Public comment - none. Mr. Fart stated by spending money on this project now, it will help determine what the quality of the water in the stormwater system. As long as he has served on the Council, the big question involving stormwater is whether or not the Department of Ecology or some other agencies will require treating that water before discharging into the Sound, some time in the future. He believes spending money at this point will give the City a better chance of getting the quality of that water up to a quality that allows the City the best chance of not getting stuck with a huge expense of treating stormwater. Ms. Cahall stated Mr. Farr is correct, it will give the City a feel for what is in the stormwater and if they find things that shouldn't be in there, they will do further investigation to find the source of pollution. She pointed out some sections of the City's sewer system is 100 years old and on occasion they have found a connection that should have gone into the sanitary sewer, but is actually discharging through the stormwater system. Mr. Neville thanked Ms. Cahall for the hard work she and her department have put forth on this proposal and to take the lead, County-wide, on this project. M/S/C/U(Neville/Montgomery) to approve the Agreement for Consultant Services and authorize the Mayor to sign, subject to City Administrative policies and procedures. 7C - KITSAP REGIONAL COUNCIL INTERLOCAL AGREEMENT, #AB96-084 On April 10, 1996 the Kitsap Regional Planning Council voted to amend its Bylaws and Interlocal Agreement to broaden its scope beyond planning issues. Additionally, the Board voted to sunset the Kitsap Regional Planning Council and adopt the name Kitsap Regional Council. The membership will remain the same. TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 6 of 12 The primary mission of Kitsap Regional Council will be to provide a "forum from intergovernmental coordination, cooperation and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery." Over the next three months, the council will evaluate its staffing and budgetary needs. Mayor Lynn ~orton stated Kitsap Regional Planning Council has forwarded this issue to Council for ratification. Earlier this year, the Regional Planning Council held two study sessions where they reviewed their mission and affirmed that it is a good forum to come together cooperatively to address issues that are beyond the individual jurisdictional scope. They recognized this is in fact more than a planning function, i.e., block grant funding, HOME funding and many other things that have nothing to do with planning. By consensus, the group felt the need to move beyond the Regional Planning Council name, thus the new title of Kitsap Regional Council was recommended and passed by the existing Kitsap Regional Planning Council. If the City of Bremerton and the other jurisdictions ratify this proposal, as of May 1 the Kitsap Regional Planning Council name will sunset and the Kitsap Regional Council will be formed. On an interim basis, they will use. the County's Block Grant Coordinator to provide staffing for the Council and during the next 90 days they will assess their needs for staffing levels and budgetary needs. She urged Council to ratify the agreement as presented. Public comment - none. Mr. Neville asked if Council did not approve this item would it mean the City wanted to withdraw from the Regional Council? Mayor Morton stated a reason for non-passage might be something that could be taken back to the Regional Council, i.e., amendments or adjustments, but if Council just simply did not like it and did not want to participate, it would indicate withdrawal from the Regional Council. Mr. Neville stated he firmly believed this was a good idea and good working order for all the agencies involved. Mr. Colvin asked if this proposal will cost the City more money? Mayor Horton stated potentially it could depending on what is determined over the next 90 days as to staffing and budgetary need. She believes it would be a minimal impact if there is an impact. Mr. Colvin asked if the Mayor had a feel for what a "minimum impact" might be? Mayor Horton stated if we were to continue on the course using the County's Block Grant staff, it would mean the City's contribution of about $13,000 annually. When staffing levels were discussed, it was acknowledged that most jurisdictions do not have excess money to just hand out; therefore, there was a TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 7 of 12 need to be frugal in staffing limits for this function. Mrs. ~uff-Menees re-emphasized the deliberation went into presenting a budget that is a reduced budget from the past couple of years and that was why they set a 3-m0nth time period to evaluate what they could function with in terms of staffing in the hopes of reducing the existing staffing level. The By-Laws and the Interlocal Agreement in general have a broad concern of allowing that forum to be the place where governments of Kitsap County can come together to address the issues of how to work cooperatively in a variety of ways. Mr. Fart pointed out he recently completed approximately 1-1/2 years on the Kitsap Regional Planning Council, which he enjoyed and learned a lot. He believed this was the only forum where the County and other governmental entities come together on a regular basis to work together. He views this as absolutely necessary and all citizens of the area benefit when these agencies work together. #1496 Mr. Colvln asked how many members of the City Council serve on the Regional Council? Mayor Horton pointed out she, the City Council President and one other Council member serve on the Planning Council. Her view of the study sessions held to address this issue was outstanding and displayed a real willingness on everyone's part to put some of the past issues behind and try to deal with issues that had been "thorns" in all of their sides. Mr. M¢Connell asked where does the direction for the individual members on Regional Council come from...their local Council Districts? Mayor Horton stated it should come from the City Council. Generally, when large ticket items like this issue are being addressed by the Planning Council, it would come before the various City Councils. Mr. Winters asked the basis of choosing members from the various jurisdictions and could it be a citizens at large? Mayor ~orton stated it could not be a citizen at large and representation is designed as Mayor, Council President and a City Council members. Mr. Winters asked if the number of participants from one jurisdiction is based on population? Mayor ~orton stated yes. Mr. Winters asked the number of representatives from the County? Mayor ~orton stated three. M/S/C/U(Montgomery/McConnell) to ratify the Interlocal Agreement for the Kitsap Regional Council and authorize the Mayor to sign said agreement. TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 8 of 12 7D - ADMIRAL THEATER SECTION 108 LOAN SECURITYw ~AB96-085 The Admiral Theater has applied for and has been approved for a Section 108 Loan. The original loan was applied for last year under the umbrella of the Kitsap County CDBG Program. Per the attached letter from Congressman Dicks, one step in the loan finalization process is to provide security for the loan. HUD regulations are outlined in a letter to Kitsap County dated December 12, 1995. "The third condition specifies that the County furnish such additional security for the repayment of the guaranteed loan as HUD deems appropriate , i.e., security in addition to the pledge of CDBG funds." Per Congressman Dicks letter, the additional security required is the theater building itself. Approval is requested to offer the building as additional security with regard to the Section 108 loan guarantee. Mayor Lynn Horton stated just prior to her trip to Washington, D.C., she received a call from the Admiral Foundation that HUD was requesting additional loan security. When she visited Washington D.C., she did meet with several HUD staff members and learned that over the last couple of years this Administration has required additional security on all of their HUD guarantee loans. Therefore, what is being asked is that the security be placed upon the building itself. The City does own the building and she urged Council' approval of the request as outlined. She feels strongly that the Admiral Theater Foundation will move forward and secure the residual funding necessary, thus it would not be necessary to use either the Community Development Block Grant money or the security on the building. She noted several members of the Admiral Theater Foundation board were present in the audience as well as Kurt Beckett of Congressman Norm Dicks' office. Pubic comment - none. Mr. Neville asked to have a letter, dated December 12, 1995, read into the record Mayor Horton highlighted several paragraphs as follows: paragraph 1 - "Please be informed that Kitsap County, Washington's request for loan guarantee assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, has been approved. Such assistance is to consist of the guarantee of notes or other obligations in the principal amount of $1,500,000, plus interest thereon, to finance activities described in application B-95-UC-53-0005. Paragraph 3 - The First condition provides that in the event the County fails to submit notes or other obligations for inspection and guarantee by the U.S. Department of Housing and Urban TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 9 of 12 Development (HUD) before December 1, 1996, the offer will expire as of such date. Paragraph 4 - The second condition provides that the repayment schedule for the guaranteed loan must be acceptable to HUD. Paragraph 5 - The third condition specifies that the County furnish such additional security for the repayment of the guaranteed loan as HUD deems appropriate, i.e., security addition to the pledge of Community Development Block Grant (CDBG) funds. This security will be specified in the contract for Loan Guarantee Assistance, which will be executed at the time the guaranteed obligations are issued. Paragraph 7 - In Addition to the special conditions cited above, the release of funds for the project to be carried out with loan guarantee assistance is conditioned upon compliance by the County with all applicable provisions of the HUD Environmental Review Procedures (24 CFT Part 58). In this regard a request for release of funds must be approved by HUD prior to the obligation or utilization of funds for the project." Mayor ~orton noted attached to that letter was the agreement, which was signed by Commissioner Granlund for the County. The last page of the application listed "Special Conditions", which included providing additional security for the guaranteed loan as the Secretary deems appropriate. She noted at this point the appraisal of the Admiral Theater building is much less than the loan and the appraisal for the loan guarantee will be conducted after the project is completed. Mr. Colvln asked who is responsible to pay back the note? Mayor ~orton stated first the Admiral Theater Foundation will be expected to finish their fund raising to repay the loan; however, if they are unsuccessful then the Kitsap County Block Grant money will be used on a one-year increment schedule. If for some reason the Block Grant money disappears or was insufficient to cover the loan payment, then it would revert to the collateral on the building. The City is being asked to sign the building as collateral. Mr. Colvin questioned if there was a default and the building sold for less than needed to repay the loan, who would be responsible? Mayor ~orton stated if the fund raising isn't sufficient and the Block Grant funds are not sufficient and the building goes on the auction block, and whatever proceeds are derived from the sale would be what HUD would receive. Mr. ~olvin wanted the public to be assured the City of Bremerton would not be responsible for any of the repayment requirement. Mr. Winters referenced the letter dated 12-12-95 and questioned TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 10 of 12 #2085 who was responsible for getting it before the City? Mayor Horton stated the City has been corresponding with the HUD office for several months and she was unaware of the issuance of that letter until Monday, April 22. Mr. Mceonnell asked how does this shake out with Section 8 in the State Constitution? Ian Slevers, City Attorney, stated this issue has been reviewed with the Mayor and Planning Department and determined the City is lending credit to the Admiral Theater Foundation. The building is owned by the City, but the City still needs to maintain some controls on how the money is spent. The City has appropriated money to the Foundation over the past couple of years and there is a funding agreement with them so the City can be assured those expenditures go toward improvements of the building. It will be necessary to do an amendment to that funding, but since this is credit and collateral of the City, we'll want to make sure the loan proceeds are spent under the same kind of controls. The second thing the City needs to do is to have an agreement that the operating agreement with the foundation would cease if they were in default of the loan in the City's option. Mayor Horton emphasized the amount of oversight given to this project is extensive and will be watched closely to make sure the money is spent in accordance with the loan application. Mr. Colvin asked how soon must this item be ratified? Mayor Horton stated the urgency is until this item is approved, the Admiral's loan funds will not be released. It was her understanding that a contractor has been secured by the Foundation and they are in need of having the funds released to begin the project. Mr. Winters stated he was glad that the December 12 letter was finally made available to Council and sees this as a plus to complete the project and urged his fellow Council members to lend their support. Mrs. Huff-Menees stated she would abstain from voting on this issue because she serves on the Admiral Foundation Board and she did not want that to be construed as a lack of support for this proposal. She also believes there is ample oversight and a great deal of work has already taken place and the Foundation is ready to move forward on the project. M/S/C(Farr/Montgomery) to approve using the Admiral Theater building as additional collateral with regard to the Section 108 loan guarantee. Vote on motion: In Favor: .Overson, Neville, Farr, Law, Montgomery, Colvin, Winters TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 11 of 12 Opposed: Abstain: McConnell Huff-Menees Motion carried. 8A - RESOLUTION NO. 2544, AUTHORIZING IAC APPLICATION: EVERGREEN P~RK REDEVELOPMENT PHASE I, ~AB96-076 Evergreen Park Redevelopment is being resubmitted to Interagency Committee for Outdoor Recreation (IAC) for funding in 1997. The project addresses approximately 6 acres of the park and includes three picnic shelters, trails, parking, reconfiguration of the play area and playground equipment, hard surface basketball area, sand volleyball court, horseshoe pit upgrades, removal of deteriorated structures and asphalt, and landscaping and plantings. Jim Spencer, Parks and Recreation Director, stated this Resolution provides an opportunity to identify matching funding for the Master Plan development of Evergreen Park. The focus of the Master Plan development before Council, at this time, is the existing park, which is the northern portion, and is basically a "face lift" of the existing park with a few additional amenities, with the most significant being additional parking, additional shelters, basketball courts, and volleyball court. The only part that is not within the existing park is the parking area, which will be relocated in an area created through the reconfiguration of 14th Street. The resolution funding is broken into two components: (1) $100,000 will come from the Roosevelt Field Replacement Funds, per the agreement approved in November 1995; (2) $200,000 will come from Fund 109, Real Estate Excise Tax. Public comment - none. Mr. Neville asked who is responsible for writing the grant, and what was the deadline? Mr. Spencer stated this was a fairly elaborate grant process and his department is writing the grant. The deadline is May 1, 1996. The results will not be known until around September. Mr. Neville asked if it was possible to not get the full amount requested, and if priorities had been set?. Mr. Spencer responded priorities could certainly be targeted. Mr. McConne11 questioned if the $100,000 coming from the Roosevelt Field Replacement Fund was in agreement with the ordinance passed several years ago protecting Roosevelt asset funds? Mr. Slevers stated in depends on your individual approach to replacing the recreational needs that Roosevelt Field served. Mr. McConnell stated he approved of this action, but wanted to make sure there were no violations of the previous ordinance. Mayor Horton stated that Council was presented with the Roosevelt TAPE #1374 City Council Reg. Mtg. Minutes April 24, 1996 Page 12 of 12 #2349 Field Replacement Plan, which they approved, and Evergreen Parks was the top priority on that plan. M/S/C/U(Colvin/Winters) to adopt Resolution No. 2544 authorizing the Mayor to submit an application to IAC for funding assistance for the development of Evergreen Park. Presi4ent Law announced Council would hold a Study Session immediately following the Council meeting to discuss "Zoning Maps and Text Amendments". Also, the City Council has scheduled a "Council Retreat" in the City Council Chambers, Room 212, on April 27, 1996, 10:00 A.M. to 2:00 P.M., and the public is invited. John Ryan, Scout Troop 1512, announced members of his troop were attending the City Council meeting to earn their merit badge for "Citizenship in the Community". With no further business meeting adjourned at 6:45 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Agape Admin. Fees FOR AGENDA OF: May 8, 1996 ORIGINATING DEPT: Neighborhood Development ORIGINATOR: Marylyn Waibel%/~.~ DATE SUBMITTED: April 29, 1996 2. CLEARANCES: Development Director City Attorney__ Fiscal & Sudg~et. Committee~,~ Operations :~'~ MAYoRENDORSEMENT ~____~ J I~TION 3. EXHIBITS: Proposed Admin. Fee, Exhibit 1 City/Agape Agreement, Exhibit 2 City/HUD Agreement, Exhibit 3 APPROVED BY COUNCIL PRES~ENS~~BMiTTAL: COUNCIL PRESIDENT ~-~ ~ -- -- 4.SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: When Agape first received Shelter Plus Care funds it was decided not to use any dollars for administrative costs, until it was determined how far the rental assistance dollars would go. The program has been in operation since July of 1995, many of the clients are able to contribute toward the rents, thus allowing Agape to recoup some administrative fees. 8. RECOMMENDATION: Approval is recommended to amend the contract with Agape to allow administrative fees -- 6% for Agape and 2% for the City of Bremerton, based on the "Shelter Plus Care Program-Administrative Fee", Exhibit 1. e RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 7A 11. 2. CLEARANCE COHNENTS.~ - 5. IMPACT OF NON-PASSAGE: No Administrative dollars for Agape and the City of Bremerton. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCEg: No impact on staff. Staff is already processing the reimbursements. If passed, it would mean additional administrative dollars for Neighborhood Development. 7. RESEARCH SOURCES: SHELTER PLUS CARE PROGRAM Administrative Fee The HUD Shelter Plus Care program authorizes an eight percent (8%) administrative fee for the following activities: providing rental payments to landlords; examining family income; providing housing information and assistance; inspecting units for HQS; and receiving new participants into the program. An analysis indicates the City of Bremerton provides approximately 25% of these services and AGAPE provides 75%. Therefore, 6% of the administrative fee will be available to AGAPE and 2% to the City of Bremerton. To assure that administrative funds are available through the life of the Shelter Plus Care Program, the funds will be disbursed based on the amount of the monthly draw (for example, if the monthly draw is $2,500 AGAPE will receive $150.00 and the City of Bremerton will receive $50.00 in administrative fees). Documentation of the time spent on the activities must be maintained by the City of Bremerton and AGAPE. The administrative fees will be retroactive to July 1995 when the program was initiated. AGA~E Shelter Plus Care Grant THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "city") and Agape Unlimited, (hereinafter referred to as "Agape"). W I T N E S SETH: 1. SCOPE: Agape shall provide alcohol and drug free housing for homeless men and women with children under funding provided to the City under the Department of Housing and Urban Development's Shelter Plus Care Program, and as described and provided for in the attached program application (Exhibit "A" which is attached hereto and incorporated herein by reference). Agape shall comply with the requirements set forth herein as well as those contained in the following attached exhibits which are incorporated herein by reference: Program Application Attached hereto as Exhibit A Federal Program Requirements Attached hereto as Exhibit B Program Delivery Requirements Attached hereto as Exhibit C Rental Assistance Management Procedures Attached hereto as Exhibit D 2. TERM: Contract shall commence' on the date of executi~and 3. COMPENSATION: City shall pay Agape a total not to exceed Five Hundred Ninety-six Thousand Four Hundred Dollars ($596,400.00), in.monthly installments, for the services provided hereunder. Agape shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The city upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Agape is an organization skilled in matters pertaining to providing housing and treatment for the homeless and low-income people in recovery from drug and alcohol addiction and will perform independent functions and responsibilities in the area of its particular field of expertise. Agape and its personnel shall act as independent contractors and not employees of the City. As such PROFESSIONAL SERVICES AGREEMENT --1-- AGAPE.PSA - Disk 11 - 9/28/94 C-1 they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Agape shall work under the direction of the Director of Community Development. 5. INDUSTRIAL INsURANcE: Agape agrees to provide for State industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: Agape shall possess a current Bremerton Business License and any regulatory license required to fulfill Agape obligations under this Agreement. B & O taxes shall be paid when due and Agape, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSITRANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, Agape shall provide the Risk Manager for the city of Bremerton with evidence that it has obtained and maintain~ in full force and effect.during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability or errors and omissions in connection with the work to be performed by Agape' under this Agreement. Risk Man~ger shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Agape agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or .indirectly out of or in consequence of. or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agape, its subcontractors,' agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - Agape, at such times and in such forms as the City may require, shall furnish the city such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.' Agape will maintain accounting records in accordance PROFESSIONAL SERVICES AGREEMENT -2- AGAPE.PSA - Disk 11 - 9/28/94 with generally accepted accounting principals and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement provided however, that there are attached hereto and incorporated by reference as part of this Agreement as Exhibits "A" - "D". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Agape or by Agape to the city shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Agape Unlimited 5464 Kitsap Way Bremerton, WA.. 98312 e. Waiver - Failure to insist upon strict compliance with any termS, covenants or conditions.'.of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. .' f. Compliance with State, Local and Federal Laws - Agape agrees to comply with all applicable local, state and federal laws .in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled' to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Agape shall not discriminate in employment or services to the public on the basis of race, color, natfonal origin, sex, religion, age, marital status or physical, mental or sensory disability unless an employment action based on a bone fide occupational qualification 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence PROFESSIONAL SERVICES AGREEMENT -3- AGAPE.PSA - O~sk 11 - 9/28/94 correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Agape is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated.. AGAPE UNLIMITED CITY OF BREMERTON Date: LYNN HORTON, Mayor DONALD__~R~TT, Director of Community Development o~,.~ o. ~,ca,u-u~a, k-~'i-~tai~t City Attorney PROFESSIONAL SERVICES AGREEMENT -4- AGAPE.PSA - Disk 11 - 9/28/94 Grant No. WA19C93-1129 Official Contact Person Donald L. Pratt Telephone & FAX No.(206) 478-5245 Tax ID No. 91-6001231 Project Location Bremerton, Washington 1993 SHELTER PLUS CARE AGREEMENT This Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the City of Bremerton, Washington. This Agreement will be governed by Subtitle F of Title IV of the Stewart B. McKinney Homeless Assistance Act 42 U.S.C. 11301 et seq. (the Act), and the HUD Shelter Plus Care Program final rule published March 15, 1993 at 58 FR 13884 (the"Rule") The terms "Grant" or "Grant Funds" mean the funds for rental assistance which, except for funds for section 8 mod rehab for single room occupancy dwellings for homeless individuals ("SRO"), are provided under this Agreement. The term "Application" means the application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of any conflict between the Application and any provision contained herein, this Shelter Plus Care Agreement shall control. The following are attached hereto and made a part hereof: X Exhibit 1 - The Shelter Plus Care Program Final Rule X Attachment A for Tenant-based Rental Assistance Attachment B for Project Based Rental Assistance X Attachment C for Sponsor-based Rental Assistance Attachment D for Section 8 Mod Rehab for Single Room Occupancy Dwellings for Homeless Individuals Exhibit 2 (If Recipient is a state, unit of general local government or Indian tribe, only) SRO Subcontract to PHA HUD notifications to the.Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive services required by the participants in the program; to assure the adequate provision of supportive services to the participants in the program; to be responsible for overall administration of this grant, including overseeing any subrecipients, contractors and subcontractors; and to comply with such other terms and conditions, including record keeping and reports (which must include racial and ethnic data on participants for program monitoring and evaluation purposes), as the Secretary may establish for purposes of carrying out the program in an effective and efficient manner. A default shall consist of any use of Grant Funds for a purpose other than as authorized by this Agreement, noncompliance with the Act, Rule, any material breach of the Agreement, failure to expend Grant Funds in a timely manner, or misrepresentations in the Application submissions which, if known by HUD, would have resulted in a grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; (c) direct Recipient to establish and maintain a management plan that assigns responsibility for carrying out remedial actions; (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; (e) reduce or recapture the grant; (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; (g) continue the Grant with a substitute Recipient selected by HUD; (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. This Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, Recipient shall not change sponsor or population to be served, or make any other change inconsistent with the Application, without the prior approval of HUD. No change may be made to the project(s) nor any right, benefit, or advantage of the Recipient or Sponsor hereunder be assigned without prior written approval of HUD. The effective date of the Agreement shall be the date of execution by HUD. This Agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Department of Housing and Urban Development ( Signature ) Acting Director Office of Community Planning Development ( Title ) JAN 4 1995 ( Date ) rector' ' ' ' ' (~ignature of Authorized Official) Lynn S. Horton~ Mayor~ City of Bremerton (Title) ( Date ) At~te-s t HcCluskey, City Cl.ff~ ATTACHMENT A TENANT-BASED RENTAL ASSISTANCE HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds in the amount specified below for the approved project(s) described in the Application. HUD's total funding obligation is $235,200 for tenant-based rental assistance and is allocated as follows: Grant for rental assistance $235,200 Amount which may be used for administration $-0- The term of this Grant Agreement shall be five (5) years. Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec. 8(c)(1) of the United States Housing Act of 1937 in effect at the time the Application was approved. At the option of the Recipient and subject to the availability of such amounts, the Recipient may receive in any year (a) up to 25 percent of such amounts or (2) such higher percentage as HUD may approve upon a demonstration satisfactory to HUD that the Recipient has entered into firm financial commitments to ensure that the housing assistance described in the application will be provided for the full term of the contract. Any amounts not needed for a year may be used to increase the amount available in subsequent years. ATTACHMENT B PROJECT BASED RENTAL ASSISTANCE HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds in the amount specified below for the approved project(s) described in the Application. HUD's total funding obligation is $222,960 for project-based rental assistance and is allocated as follows: Grant for rental assistance $222,960 Amount which may be used for administration $-0- Recipient may not change a project site for a rehabilitation project without the prior written approval of HUD. Recipient shall enter into a contract with the owner of an existing structure, which contract shall provide (a) that rental assistance payments shall be made to the owner and (2) that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec. 8(c)(1) of the United States Housing Act of 1937 in effect at the time the Application was approved. Any amounts not needed for a year may be used to increase the amount available in subsequent years. ATTACHMENT C Sponsor Based Rental Assistance (S+C/SRA) HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds in the amount specified below for the approved project(s) described in the Application. HUD's total funding obligation is $138,240 for sponsor-based rental assistance and is allocated as follows: Grant for rental assistance $138,240 Amount which may be used for administration $-0- The term of this Grant Agreement shall be five (5) years, commencing on the date HUD executes this Grant Agreement. Recipient shall administer the overall S+C/SRA component, ensure the provision of supportive services described in the Application and enter into contract(s) with the sponsor(s) listed in the Application, which either own or lease dwelling units. The contract shall provide that rental assistance payments shall be made to the sponsor and that the assisted units shall be occupied by eligible persons. Recipient agrees to comply with all requirements of this Agreement and to accept responsibility for such compliance by any entities to which it makes Grant Funds available. Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate existing housing fair market rental value under Sec. 8(c)(1) of the United States Housing Act of 1937 in effect at the time the Application was approved. Any amounts not needed for a year may be used to increase the amount available in subsequent years. THE SHELTER PLUS CARE PROGRAM (S+C) FINAL RULE 24 CFR Part 582 U.S. Department of Housing and Urban Development Office of Special Needs Assistance Programs March 1993 AGENCY: office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Final rule. SUMMARY: This document is the final rule for the shelter Plus Care program, which is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act by the National Affordable Housing Act. The program provides rental housing assistance, in connection with supportive services funded from sources other than this program, to homeless persons with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome and related diseases) and their families. Initial guidelines for the program were published for public comment on February 4, 1991 (56 FR 4494). Revised guidelines and a notice of funding availability were published for public comment on December 5, 1991 (56 FR 63828 and 63842). The final rule includes amendments made to the program by the Housing and community Development Act of 1992 (Pub.L. 102-550, approved october 28, 1992) as well as changes made in response to public comments. DATES: Effective 30 days from publication. FOR FURTHER INFORMATION CONTACT~ James N. Forsberg, Director, Special Needs Assistance Programs; Department of Housing and Urban Development, 451 Seventh street sW, washington, DC 20410; (202) 708-4300; (TDD for the hearing- or speech-impaired (202) 708-2565). (Telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION~ The ioformation collection requirements contained in this rule have been approved by the office of Management and Budget (OMB) under the Paperwork Reduction Act of 1980 and were assigned OMB control number 2506-0118. The Shelter Plus Care (S+c) program is authorized under an amendment to the stewart B. McKinney Homeless Assistance Act (McKinney Act) by the National Affordable Housing Act (Pub. L. 101-625, approved November 28, 1990) (NAHA) to provide rental housing assistance, in connection with supportive services funded from sources other than the S+c program, to homeless persons with disabilities (primarily persons who are seriously mentally ill, have chronic problems with alcohol, drugs, or both, or have AIDS and related diseases) and their families, on February 4, 1991, HUD published a Notice of Program Guidelines for the program (56 FR 4494), and invited the public to comment on the guidelines for consideration in drafting a final rule. A second Notice was published on December 5, 1991 (56 FR 63828) announcing revised guidelines for the program. (A Notice of Funding Availability was also published on that date.) Although the revised guidelines contained some changes suggested by public comments to the February 4 guidelines, the Notice did not formally respond to the majority of the comments. The public was again invited to comment. This final rule responds to public comments received on both Notices. The Housing and community Development Act of 1992 (1992 Act) amended the McKinney Act, making changes to the program that have been incorporated into the final rule. The changes are as follows: 1. The former Homeless Rental Housing Assistance (HRHA) component was renamed Tenant-based Rental Assistance (TRA), and the section 202 Rental Assistance component was renamed sponsor-based Rental Assistance (SRA). (HUD had previously renamed those components in the revised guidelines, and the 1992 Act reflected those HUD-sponsored changes.) The reference to Sections 202 and 811 were removed, eliminating any connection between the HUD programs under those sections. 2. A new component--Project-based Rental Assistance (PRA)--was established, under PRA, the recipient provides rental assistance to an owner of an existing structure for units occupied by eligible persons. The agreement must be for five years of assistance, or ten years if the units are rehabilitated at an expenditure from other than S+C funds of at least $3,000 for each unit to bring the unit into compliance with local codes. 3. specific funding levels for each component were eliminated, allowing s+c funds to be used for any component as long as a minimum of ten percent is made available for each component. 4. Public housing agencies (PHAs) are now eligible applicants for all four components. In addition, the requirement for a joint application between a PHA and governmental entity for assistance under the SRO component was eliminated, and any eligible applicant may apply for assistance under the SRO component. 5. Community mental health centers established as public nonprofit organizations are included in the definition of a nonprofit organization under S+C. 6. Each recipient must have at least one homeless or formerly homeless person on the board of directors, or otherwise involved in consideration of policies and decisions. 7. To the maximum extent possible, recipients must involve homeless persons in employment, volunteer services, constructing, or rehabilitating property, and in providing supportive services. 8. vacancy payments for all components are permitted for the month after the month in which the unit is vacated. As a result of the Department's experience with the first S+C competition and with competitions for other McKinney Act programs, and in response to comments received, the Department has decided to modify the grant award process for these programs, including the s+c program. A two-stage application process has been adopted. At the first stage, applicants will provide information addressing the selection criteria, the proposals will be rated and the highest rated applications will be conditionally selected. Applicants that submitted the conditionally selected applications will then be requested to submit additional project information, if necessary. For example, under the SRO component, the additional information would address such requirements as site control and financial feasibility. The applicants will be notified of the deadline for receipt of the additional information (e.g., three months from the notification date). Grant award will follow receipt of the additional information in acceptable form. This change is reflected in the final rule. PART 582--~HELTER PLUS CARE 1. Part 582 is added to read as follows: Subpart &--General Sec. 582.1 Purpose and scope. 582.5 Definitions. 582.10 Waivers. Subpart B--Assistance Provided 582.100 Program component descriptions. 582.105 Rental assistance amounts and payments. 582.110 Matching requirements. 582.115 Limitations on assistance. 582.120 Comprehensive housing affordability strategy (CHAS). Su~part C--Application and Grant Award 582.200 Notice of fund availability. 582.205 Grant award process. 582.210 Application requirements. 582.215 Ranking criteria for applications. 582.220 Selecting applications. 582.225 Obtaining additional information and awarding grants. 582.230 Environmental review requirements. Subpart D--Program Requirements 582.300 582.305 582.310 582.315 582.320 582.325 582.330 582.335 582.340 General operation. Housing quality standards; rent reasonableness. Resident rent. Occupancy agreements. Termination of assistance to participants. outreach activities. Nondiscrimination and equal opportunity requirements. Displacement, relocation and real property acquisition. other Federal requirements. Subpart E--A~ministration 582.400 Grant agreement. 582.405 Program changes. 582.410 obligation and deobligation of funds. Authori2y~ 42 U.S.C. 11403 note; 42 U.S.C. 3535(d). Subpart A--General 582.1 Purpose and scope. (a) General. The Shelter Plus Care program (S+C) is authorized by title IV of the Stewart B. McKinney ~omeless Assistance Act. S+C is designed to link rental assistance to supportive services for hard-to-serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases) and their families. The program provides grants to be used for rental assistance for permanent housing for homeless persons with disabilities. Rental assistance grants must be matched in the aggregate by supportive services that are equal in value to the amount of rental assistance and appropriate to the needs of the population to be served. Recipients are chosen on a competitive basis nationwide. (b) components. Rental assistance is provided through four components described in S582.100: (i) Tenant-based Rental Assistance (TRA); (ii) Project-based Rental Assistance (PRA); (iii) Sponsor-based Rental Assistance (SRA); and (iv) Moderate Rehabilitation for Single Room Occupancy Dwellings (SRO). Applicants may apply for assistance under any one of the four components, or a combination. 3 582.5 Definitions. As used in this part: Acquired immunodeficiency syndrome (AIDS} and related diseases means the disease of AIDS or any conditions arising from the etiologic agent for AIDS. ADplicant means a State, unit of general local government, Indian tribo, or public housing agency (PHA). Eliqible person means a homeless person with disabilities (primarily persons who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have AIDS and related diseases) and, if also homeless, the family of such a person. To be eligible for assistance, persons must be very low income, except that low-income individuals may be assisted under the SRO component in accordance with 24 CFR 813.105(b). Fair market rent, or FMR, means the rent established by HUD in accordance with 24 CFR part 888, including utilities (except telephone), ranges and refrigerators, and all maintenance, management, and other services, that would be required to be paid in order to rent privately owned decent, safe, and sanitary rental housing of a modest (non-luxury) nature with suitable amenities in the market area. FMRs for existing housing are published annually in the Federal Register. Homeless or homeless individual includes (1) A family or individual who lacks a fixed, regular, and adequate nighttime residence; and (2) A family or individual who has a primary nighttime residence that is-- (i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); (ii) An institution that provides a temporary residence for persons intended to be institutionalized; or (iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. The term "homeless" or "homeless individual" does not include any individual imprisoned or otherwise detained pursuant to an Aot of the Congress or a State law. HUD means the Department of Housing and Urban Development. Indian tribe means any Indian tribe, band, group, and nation, including Alaska Indians, Aleuts, and Eskimos and any Alaskan Native Village, of the united states, which is considered an eligible recipient under the Indian Self-Determination and Education Assistance Act (Pub. L. 93-638) or under the state and Local Fiscal Assistance Act of 1972 (Pub. L. 92-512). Low income means an annual income not in excess of 80 percent of the median income for the area, as determined by HUD. HUD may establish income limits higher or lower than 80 percent of the median income for the area on the basis of its finding that such variations are necessary because of the prevailing levels of construction costs or unusually high or low family incomes. ~onprofit orqanization means any private nonprofit organization (including a state or locally chartered nonprofit organization) that-- (1) Is organized under state or local laws; (2) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; (3) complies with standards of financial accountability acceptable to the secretary; and (4) Has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate- income persons. The term nonprofit organization also includes a community mental health center established as a public nonprofit organization. 4 Person with disabilities means a household composed of one or more persons at least one of whom is an adult who has a disability. A person shall be considered to have a disability if such person has a physical, mental, or emotional impairment which is expected to be of long-continued and indefinite duration; substantially impedes his or her ability to live independently; and is of such a nature that such ability could be improved by more suitable housing conditions. A person will also be considered to have a disability if he or she has a developmental disability, which is a severe, chronic disability that-- (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (2) Is manifested before the person attains age 22; (3) Is likely to continue indefinitely; (4) Results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living, and (vii) economic self-sufficiency; and (5) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated. Notwithstanding the preceding provisions of this paragraph, the term "person with disabilities" includes, except in the case of the SRO component, two or more persons with disabilities living together, one or more such persons living with another person who is determined to be important to their care or well-being, and the surviving member or members of any household described in the first sentence of this definition who were living, in a unit assisted under this part, with the deceased member of the household at the time of his or her death. (In any event, with respect to the surviving member or members of a household, the right to rental assistance under this part will terminate at the end of the grant period under which the deceased member was a participant.) Participant means an eligible person who has been selected to participate in s+c. Public housinq aqency~ or PHA, means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof), including any Indian Housing Authority, which is authorized to engage in or assist in the development or operation of iow income housing. Recipient means an applicant approved to receive a S+C grant. Secretary means the Secretary of HUD. ~inqle room oocupancy.(~RO) housinq means a unit for occupancy by one person, which need not but may contain food preparation or sanitary facilities, or both. ~ponsor means a nonprofit organization which owns or leases dwelling units and has contracts with a recipient to make such units available to eligible homeless persons and receives rental assistance payments under the SRA component. seriously mentally ill means having a severe and persistent mental or emotional impairment that seriously limits a person's ability to live independently. State means each of the several states, the District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands, Guam, American samoa, the Northern Mariana Islands, Palau, and any other territory or possession of the United States. Supportive services means assistance that-- (1) Addresses the special needs of eligible persons; and (2) Provides appropriate services or assists such persons in obtaining appropriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management services, counseling, supervision, education, job training, and other services essential for achieving and maintaining independent living. Inpatient acute hospital care does not qualify as a supportive service. supportive service provider, or service provider, means a person or organization licensed or otherwise qualified to provide supportive services, either for profit or not for profit. unit of qeneral local qovernment means any city, county, town, township, parish, village, or other general purpose political subdivision of a state; Guam, the Northern Mariana Islands, the virgin Islands, and American samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions recognized by the secretary; the District of Columbia; and Palau. V~ry low income means an annual income not in excess of 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD may establish income limits higher or lower than 50 percent of the median income for the area on the basis of its finding that such variations are necessary because of unusually high or low family incomes. 582.10 waivers. upon completion of a determination and finding of good cause, the Assistant Secretary of community Planning and Development may waive any provision of this part in any particular case subject only to statutory limitations. Each waiver must be in writing, and must be supported by documentation of the facts and reasons that formed the basis for the waiver. HUD will publish a notice in the Federal Register informing the public of all waivers granted under this section and containing all relevant information concerning the waiver. Subpart B--Assistance Provided 582.100 Program component descriptions. (a) Tenant-based rental assistance (TRA). Tenant-based rental assistance provides grants for rental assistance which permit participants to choose housing of an appropriate size in which to reside. Participants retain the rental assistance if they move. Where necessary to facilitate the coordination of supportive services, grant recipients may require participants to live in a specific area for their entire period of participation or in a specific structure for the first year and in a specific area for the remainder of their period of participation. Recipients may not define the area in a way that violates the Fair Housing Act or the Rehabilitation Act of 1973. The term of the grant between HUD and the grant recipient for TRA is five years. (b) Project-based rental assistance (PRA). Project-based rental assistance provides grants for rental assistance to the owner of an existing structure, where the owner agrees to lease the subsidized units to participants. Participants do not retain rental assistance if they move. Rental subsidies are provided to the owner for a period of either five or ten years. To qualify for ten years of rental subsidies, the owner must complete at least $3,000 of eligible rehabilitation for each unit (including the unit's prorated share of work to be accomplished on common areas or systems), to make the structure decent, safe and sanitary. This rehabilitation must be completed within 12 months of the grant award. 6 (c) sponsor-base~rental assistance (SBA}. SponL -based rental assistance provides grants for rental assistance throug~contracts between the grant recipient and sponsor organizations. A sponsor may be a private, nonprofit organization or a community mental health agency established as a public nonprofit organization. Participants reside in housing owned or leased by the sponsor. The term of the grant between HUD and the grant recipient for SRA is five years. (d) Moderate rehabilitation for sinqle room occupancy dwel!inqs (~RO). (1) The SRO component provides grants for rental assistance in connection with the moderate rehabilitation of single room occupancy housing units. Resources to initially fund the cost of rehabilitating the dwellings must be obtained from other sources. However, the rental assistance covers operating expenses of the rehabilitated SRO units occupied by homeless persons, including debt service to retire the cost of the moderate rehabilitation over a ten-year period. (2) SRO housing must be in need of moderate rehabilitation and must meet the requirements of 24 CFR 882.803(a). Costs associated with rehabilitation of common areas may be included in the calculation of the cost for assisted units based on the proportion of the number of units to be assisted under this part to the total number of units. (3) SRO assistance may also be used for efficiency units selected for rehabilitation under this program, but the gross rent (contract rent plus any utility allowance) for those units will be no higher than for SRO units (i.e., 75 percent of the O-bedroom Moderate Rehabilitation Fair Market Rent). (4) The requirements regarding maintenance, operation, and inspections described in 24 CFR 882.806(b)(4) and 882.808(n) must be met. (5) Governinq .requlations. Except where there is a conflict with any requirement under this part or where specifically provided, the SRO component will be governed by the regulations set forth in 24 CFR part 882, subpart H. 582.105 Rental assistance amounts and payments. (a) EliqSble activity. S+C grants may be used for providing rental assistance for housing occupied by participants in the program and administrative costs as provided for in paragraph (f) of this section, except that the housing may not be currently receiving Federal funding for rental assistance or operating costs under other HUD programs. Recipients may design a housing program that includes a range of housing types with differing levels of supportive services. Rental assistance may include security deposits on units in an amount up to one month's rent. (b) Amount of the qrant. The amount of the grant is based on the number and size of units proposed by the applicant to be assisted over the grant period. The grant amount is calculated by multiplying the n~mber of units proposed times the applicable Fair Market Rent (FMR) of each unit times the term of the grant. (c) Payment of qrant? (1) The grant amount will be reserved for rental assistance over the grant period. An applicant,s grant request is an estimate of the amount needed for rental assistance. Recipients will make draws from the reserved amount to pay the actual costs of rental assistance for program participants. For TRA, on demonstration of need, up to 25 percent of the total rental assistance awarded may be spent in any one of the five years, or a higher percentage if approved by HUD, where the applicant provides evidence satisfactory to HUD that it is financially committed to providing the housing assistance described in the application for the full five-year period. (2) A recipient must serve at least as many participants as shown in its application, where the grant amount reserved for rental assistance over the grant period exceeds the amount that will be needed to pay the actual costs of rental assistance, due to such factor as contract rents being lower than FMRs and participants being are able to pay a portion of the rent, recipients may use the remaining funds for the costs of administering the'housing assistance, as described in paragraph (e) of this section, for damage to property, as described in paragraph (f) of this section, for covering the costs of rent increases, or for serving a greater number of participants. 7 (d) vacancies, v~) If a unit assisted under this~art is vacated before the expiration of the occupancy agreement described in S 582.315 of this part, the assistance for the unit may continue for a maximum of 30 days from the end of the month in which the unit was vacated, unless occupied by another eligible person. No additional assistance will be paid until the unit is occupied by another eligible person. (2) As used in this paragraph, the term "vacate" does not include brief periods of inpatient care, not to exceed 90 days for each occurrence. (e) Administrative costs. (1) Up to eight percent of the grant amount may be used to pay the costs of administering the housing assistance. Recipients may contract with another entity approved by HUD to administer the housing assistance. (2) Eligible administrative activities include processing rental payments to landlords, examining participant income and family composition, providing housing information and assistance, inspecting units for compliance with housing quality standards, and receiving into the program new participants. This administrative allowance does not include the cost of administering the supportive services or the grant (e.q., costs of preparing the application, reports or audits required by HUD), which are not eligible activities under a s+c grant. (f) Property damaqe. Recipients may use grant funds in an amount up to one month,s rent to pay for any damage to housing due to the action of a participant. 582.110 Matching requirement. (a) Matchinq rental assistance with supportive services. To qualify for rental assistance grants, an applicant must certify that it will provide or ensure the provision of supportive services, including funding the services itself if the planned resources do not become available for any reason, appropriate to the needs of the population being served and at least equal in value to the aggregate amount of rental assistance funded by HUD. The supportive services may be newly created for the program or already in operation, and may be provided or funded by other Federal, State, local, or private programs, only services that are provided after the execution of the grant agreement may count toward the match. (b) Availability to participants. Recipients must give reasonable assurances that supportive services will be available to participants for the entire term of the rental assistance. The value of the services provided to a participant, however, does not have to equal the amount of rental assistance provided that participant, nor does the value have to be equal to the amount of rental assistance on a year-to-year basis. (c) calculatinq the value of supportive services. In calculating the amount of the matching supportive services, applicants may count: (1) salaries paid to staff of the recipient to provide supportive services to S+c participants; (2) The value of supportive services provided by other persons or organizations to s+c participants; (3) The value of time and services contributed by volunteers at the rate -of $10.00 an hour, except for donated professional services which may be counted at the customary charge for the service provided (professional services are services ordinarily performed by donors for payment, such as the services of health professionals, that are equivalent to the services they provide in their occupations); (4) The value of any lease on a building used for the provision of supportive services, provided the value included in the match is no more than the prorated share used for the program; and (5) The cost of outreach activities, as described in S 582.325(a) of this part. 8 ' S 582.115 Limitations on assistance. (a) Current occupants. Current occupants of the real property are not eligible for assistance under this part. However, as described in section 582.335, persons displaced as a direct result of acquisition, rehabilitation, or demolition for a project under the s+C program are eligible for and must be provided relocation assistance at Uniform Relocation Act levels. (b) Amount of assistance provided within a jurisdiction. HUD will limit the amount of assistance provided within the jurisdiction of any one unit of local government to no more than 10 percent of the amount available. (c) Primarily reliqious orflanizations. HUD will provide assistance to a recipient that contracts with a primarily religious organization, or a wholly secular organization established by a primarily religious organization, to provide, manage, or operate housing and supportive services if the organization agrees to provide the housing and services in a manner that is free from religious influences and in accordance with the following principles: (1) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) It will not discriminate against any person applying for housing or supportive services on the basis of religion and will not limit such housing or services or give preference to persons on the basis of religion; (3) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing and supportive services. (d) Maintenance of effort. No assistance received under this part (or any State or local government funds used to supplement this assistance) may be used to replace funds provided under any State or local government assistance programs previously used, or designated for use, to assist persons with disabilities, homeless persons, or homeless persons with disabilities. S 582.120 Comprehensive housing affordability strategy (CHAS). (a) Applicants that are states or units of qeneral local qovernment. The applicant must have a HUD-approved complete or abbreviated CHAS pursuant to the requirements of the CHAS regulations (24 CFR part 91), and must submit a certification that it is following, and the application for funding is consistent with, the HUD-approved CHAS. If the applicant is a State, and the project will be located in a unit of general local government that is required to have, or has, a complete CHAS, or that is applying for shelter Plus care assistance under the same Notice of Fund Availability (NOFA) and will have an abbreviated CHAS with respect to that application, the State must also submit a certification by the unit of general local government that the State's application is consistent with the unit of general local government's HUD- approved CHAS. (b) Applicants that are PHAs. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the jurisdiction is following, and the applicant's application for funding.is consistent with, the jurisdiction's HUD-approved CHAS. The certification must be made by the unit of general local government or the state, pursuant to the CHAS regulations at 24 CFR 91.1(b)(1)(ii), and as may be further described in the NOFA. (c) Indian tribes and the Insular Areas of Guam~ the U.S. virqin Islands, American Samoa and the Northern Mariana Islands. These entities are not required to have a CHAS or to make CHAS certifications. An application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project which will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apply. (d) Timinq of CHAS certification submissions. Unless otherwise set forth in the NOFA, the required certification must be submitted by the funding application submission deadline announced in the NOFA. The jurisdiction required to make the certification must therefore get its CHAS approved by HUD in time for the certification to be submitted by the applicable deadline, i.e., the funding application deadline announced in the NOFA or, if the NOFA permits a later submission date for the certification, the later date. (HUD has 60 days to approve a CHAS.) However, in no event will an application be considered for funding if the required CHAS has not been submitted for HUD approval by the funding application deadline. All certifications must be signed by the' public official responsible for submitting the CHAS to HUD, and must meet the requirements of the CHAS regulations at 24 CFR 91.80(a) and (b), "Consistency certification." Subpart C--Application and Grant Award 582.200 Notice of fund availability. When funds are made available for assistance under s+c, HUD will publish a Notice of Fund Availability (NOFA) in the Federal Register in accordance with the requirements of 24 CFR part 12. The NOFA will: (a) Give the location for obtaining application packages, which will provide specific application requirements and guidance; (b) Specify the date, time and the place for submitting completed applications; (c) State the amount and status of funding available under the NOFA. (d) Describe the factors relative to each ranking criterion contained in ~ 582.215 of this part, and indicate the weight or relative importance of the criteria as they will be applied to the funding round announced in the NOFA; (e) Specify the timing and conditions for curing technical deficiencies in an application; and (f) Provide other appropriate program information and guidance, including purpose, authority, and eligibility. 582.205 Grant award process. (a) Process. The grant award process for assistance under this part consists of reviewing applications for eligibility for assistance; ranking applications; conditionally selecting applications; and obtaining additional information and awarding grants. (b) Prohibition of disclosure of selection information. The selection process for assistance under this part is subject to the prohibition of disclosure of covered information regarding the selection process, as described in 24 CFR part 4. Applicants for or recipients of assistance who have received covered selection information may be subject to sanctions, as determined to be appropriate. 582.210 Application requirements. Applications for grants must be submitted in the form prescribed by HUD in the application package, must meet the requirements of this part, and must be submitted within the time period established by HUD in the notice of fund availability under ~ 582.200 of this part. HUD reserves the right to reject applications from any applicant with an outstanding obligation to HUD that is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (Approved by the office of Management and Budget under control number 2506- 0118.) 582.215 Rating criteria for applications. (a) General. Applications will be assigned a rating score and placed in ranked order, based upon the criteria listed in paragraph (b) of this section. The factors to be considered under each criterion and the number of points possible under each criterion will be described in more detail in the notice of fund availability published in the Federal Register for each funding round. Where an applicant requests assistance under more than one component, the components will not be separately rated, but rather the application will be rated as a whole. (b) Criteria. HUD will award points for the following criteria: (1) Ability of the applicant to develop and operate a project; (2) Need for the type of project proposed by the applicant in the area to be served; (3) Extent to which the proposed funding for supportive services will be available; (4) Extent to which the applicant has demonstrated coordination with other Federal, State, local, private and other entities serving homeless persons in the planning and operation of the project, to the extent practicable; (5) Extent to which the project targets homeless persons living in emergency shelters or in places not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; (6) Quality of the project, including the extent to which it will serve the needs of homeless persons proposed to be served and will integrate participants into the community; and (7) Extent to which the program will serve homeless persons who are seriously mentally ill, have chronic alcohol and/or drug abuse problems, or have AIDS and related diseases. 582.220 Selecting applications (a) General. The highest-ranked applications will be conditionally selected in accordance with their ranked order, as determined under S 582.215 of this part, to the extent funds are available, and consistent with the funding minimums described in paragraph (b) of this section. As necessary, applicants will be requested to provide additional information, as described in S 582.225 of this part, as a prerequisite to a grant offer from HUD. (b) Fundinq minimums. HUD will award not less than 10 percent of the available funds for each component. HUD will skip higher-ranked applications in a component for which the minimum percentage has already been achieved, if necessary, to achieve the minimum percentage for another component. If there is an insufficient number of approvable applications in a component to achieve its minimum percentage, the unused balance will be used for the next highest- ranked approvable application(s) in the competition. In order to achieve geographic diversity, HUD will determine, after applications are rated and ranked under the criteria, whether each of the four census Regions contains at least three fundable application. If not, HUD will substitute the highest ranked application in the necessary census Region for applications at the bottom of the list of tentatively selected projects. (c) Ties between applicants. In the event of a tie between applicants, HUD will use need for the project to determine which application should be selected for potential funding. (d) Procedural error. If HUD makes a procedural error in a funding competition that, when corrected, would warrant funding of an otherwise eligible application, HUD will select that application for potential funding when sufficient funds become available. 582.225 Obtaining additional information and awarding grants. (a) Additional information. Applicants with the highest-ranked applications will be requested, where necessary, by HUD to submit additional project information. For the SRO component such information may include: (1) Documentation showing site control; (2) Description of the rehabilitation work to be done and a cost estimate for the work; (3) where applicable, information necessary for HUD to perfor~ an environmental review, as described in ~ 582.230 of this part; (4) A listing of the sources of funding for the project and financing commitments; (5) Calculations showing the proposed rents for the project are feasible and within the fair market rent limitation established by HUD; and (6) such other information, as specified by HUD in writing to the applicant, that confirms or clarifies information provided in the application. 11 (b) Receipt of additional information. The required additional information must be received in acceptable form by the deadline established by HUD in a notice of fund availability published in the Federal Register. HUD reserves the right to remove any proposed project from further consideration for grant assistance if the required additional project information is not received in acceptable form by the established deadline. (c) Grant award. Following receipt of the additional information in acceptable form (and, where HUD must perform the environmental review described in S 582.230 of this part, provided that the environmental review indicates that the proposed project is environmentally acceptable to HUD), HUD will approve the application and send a grant agreement for execution to the applicant. (Approved by the Office of Management and Budget under control number 2506- 0118.) $ 582.230 Environmental review requirements. (a) Responsibility for review. (1) HUD will perform the environmental review, in accordance with part 50 of this title, for conditionally selected applications received from PHA applicants. HUD is not permitted to approve such applications prior to its completion of this review, nor is the PHA permitted to enter into a contract for, or otherwise commit HUD or local funds for, acquisiton, rehabilitation, conversion, lease, repair, or construction of property to provide housing under the program, prior to HUD,s completion of this review and approval of the application. (2) Applicants that are States, units of general local government, or Indian tribes must assume responsibility for environmental review, decisionmaking, and action for each application for assistance in accordance with part 58 of this title. HUD is permitted to approve such applications subject to the completion of reviews by the applicant in accordance with part 58 of this title. Applicants performing these reviews may adopt relevant and adequate prior reviews conducted by HUD or another governmental entity if the reviews meet the particular requirements of the Federal environmental law or authority under which they would be adopted, and only under certain conditions (e.q., a determination that no environmentally significant changes have occurred since the review was done). Applicants who adopt such relevant and adequate prior reviews may include the environmental certification and Request for Release of Funds with their applications. (b) Environmental review by HUD. With regard to the environmental effects of applications for which HUD performs the review, HUD will undertake its review in accordance with the provisions of NEPA and the related authorities listed in 24 CFR 50.4. HUD may eliminate an application from consideration where the application would require an Environmental Impact Statement (EIS) (generally, an application that HUD determines would have a significant impact on the human environment, in accordance with the environmental assessment procedures at 24 CFR part 50, subpart E). PHA applicants must include in their application an assurance that the applicant will: (1) Not enter into a contract for, or otherwise commit HUD or local funds for, acquisition, rehabilitation, conversion, lease, repair, or construction of property to provide housing under the program, prior to HUD's completion of the review and approval of the application; (2) Supply HUD with information necessary for HUD to perform any applicable environmental review when requested under S 582.225(a); and (3) Carry out mitigating measures required by HUD or ensure that alternate sites are utilized. (c) Environmental review by applicants. (1) An applicant that is required under paragraph (a)(2) of this section to assume environmental review responsibility must include in its application an assurance that the applicant will assume all the environmental review responsibility that would otherwise be performed by HUD as the responsible Federal official under NEPA and related authorities listed in 24 CFR 58.5. (2) For applicants required to assume environmental review responsibility, the award of funding is subject to completion of the environmental responsibilities set out in 24 CFR part 58 within a reasonable .time period after notification of the award. (This provision does not preclude the applicant from enclosing its environmental certification and Request for Release of Funds with its application.) (i) upon completion of the requirements in 24 CFR part 58, applicants must certify the completion and submit a Request for Release of Funds. This submission is not required in cases in which the applicant determines, in accordance with part 58 that its program components are totally exempt. (ii) HUD will not release grant funds if the recipient or any other party commits grant funds (i.e., incurs any costs or expenditures to be paid or reimbursed with such funds) before the grantee submits and HUD approves its Request for Release of Funds (when such submission is required). Subpart D--Program Requirements 582.300 General operation. (a) ParticipatiOn of homeless individuals. (1) Each recipient must provide for the consultation and participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent policy-making entity of the recipient, to the extent that the entity considers and makes policies and decisions regarding any housing assisted under this part or services for the participants. This requirement is waived if the applicant is unable to meet the requirement and presents a plan, which HUD approves,, to otherwise consult with homeless or formerly homeless individuals in considering and making such policies and decisions. Participation by such an individual who also is a participant under the program does not constitute a conflict of interest under section 582.340(e) of this part. (2) To the maximum extent practicable, each recipient must involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing or rehabilitating housing assisted under this part and in providing supportive services required under S 582.215 of this part. (b) Onqoinq assessment of housinq and supportive services. Each recipient of assistance must conduct an ongoing assessment of the housing assistance and supportive services required by the participants, and make adjustments as appropriate. (c) Adequate supportive sprvices. Each recipient must assure that adequate supportive services are available to participants in the program. (d) Records and reports. (1) Each recipient must keep any records and, within the timeframe required, make any reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require. (2) Each recipient must keep on file, and make available to the public on request, a description of the procedures used to select sponsors under the eRA component and buildings under the SRO, SRA, and PRA components. (3) Each recipient must develop, and make available to the public upon request, its procedures for managing the rental housing assistance funds provided by HUD. At a minimum, such procedures must describe how units will be identified and selected; how the responsibility for inspections will be handled; the process for deciding which unit a participant will occupy; how participants will be placed in, or assisted in finding appropriate housing; how rent calculations will be made and the amount of rental assistance payments determined; and what safeguards will be used to prevent the misuse of funds. (Approved by the Office of Management and Budget under control number 2506- 0118.) 582.305 Housing quality s~andards; rent reasonableness. (a) HousiDq quality standards. Housing assisted under this part must meet the applicable housing quality standards (HQS) under 24 CFR 882.109 and, for SRO, under 24 CFR 882.803(b). Before any assistance will be provided on behalf of a participant, the recipient, or another entity acting on behalf of the recipient (other than the owner of the housing), must physically inspect each unit to assure that the unit meets the HQS. Assistance will not be provided for units that fail to meet the HQS, unless the owner corrects any deficiencies within 30 days from the date of the lease agreement and the recipient verifies that all deficiencies have been corr~ted. Recipients must also inspect all units at least annually during the grant period to ensure that the units continue to meet the HQS. (b) Rent reasonableness. HUD will only provide assistance for a unit for which the rent is reasonable. For TRA, PRA, and eRA, it is the responsibility of the recipient to determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taking into account the location, size, type, quality, amenities, facilities, and management and maintenance of each unit, as well as not in excess of rents currently being charged by the same owner for comparable unassisted units. For SRO, rents are calculated in accordance with 24 CFR 882.805(g). 582.310 Resident rent. (a) Amount of rent. Each participant must pay rent in accordance with section 3(a)(1) of the U.S. Housing Act of 1937, which is the highest of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses); (2) 10 percent of the family's monthly income; or (3) If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payments that is so designated; except that the gross income of a person occupying an intermediate care facility assisted under title XIX of the Social Security Act is the same as if the person were being assisted under title XVI of the Social Security Act. (b) Calculatinq income. (1) Income of participants must be calculated in accordance with 24 CFR 813.106. (2) Recipients must examine a participant's income initially, and at least annually thereafter, to determine the amount of rent payable by the participant. Adjustments to a participant's rental payment must be made as necessary. (3) As a condition of participation in the program, each participant must agree to supply the information or documentation necessary to verify the participant's income. Participants must provide the recipient information at any time regarding changes in income or other circumstances that may result in changes to a participant's rental payment. 582.315 Occupancy agreements. (a) Initial occupancy aqreement. Participants must enter into an occupancy agreement for a term of at least one month. The occupancy agreement must be automatically renewable upon expiration, except on prior notice by either party. (b) Terms of aqreement. In addition to standard lease provisions, the occupancy agreement may also include a provision requiring the participant to take part in the supportive services provided through the program as a condition of continued occupancy. 582.320 Termination of assistance to participants. (a) Termination of assistance. The recipient may terminate assistance to a participant who violates program requirements or conditions of occupancy. Recipients must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant termination, so that a participant,s assistance is terminated only in the most severe cases. Recipients are not prohibited from resuming assistance to a participant whose assistance has been terminated. (b) pus process. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (1) written notice to the participant containing a--clear statement of the reasons for termination~ (2) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (3) Prompt written notice of the final decision to the participant. S 582.325 Outreach activities. Recipients must use their best efforts to ensure that eligible hard-to- reach persons are served by s+c. Recipients are expected to make sustained efforts to engage eligible persons so that they may be brought into the program, outreach should be primarily directed toward eligible persons who have a nighttime residence that is an emergency shelter or a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.q., persons living in cars, streets, and parks), outreach activities are considered to be a supportive service, and the value of such activities that occur after the execution of the grant agreement may be included in meeting the matching requirement. S 582.330 Nondiscrimination and equal opportunity requirements. (a) General. Recipients may establish a preference as part of their admissions procedures for one or more of the statutorily targeted populations (i~e., seriously mentally ill, alcohol or substance abusers, or persons with AIDS and related diseases). However, other eligible disabled homeless persons must be considered for housing designed for the target population unless the recipient can demonstrate that there is sufficient demand by the target population for the units, and other eligible disabled homeless persons would not benefit from the primary supportive services provided. (b) COmpliance with requirements. Recipients serving a designated population of homeless persons must, within the designated population, comply with the following requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status, and handicap: (1) Except as provided in paragraph (ii) of this section, the requirements of the Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 1007 Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1958-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing) and implementing regulations at 24 CFR part 107; and title VI of the civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR part 1. (ii) The Indian civil Rights Act (25 U.S.C. 1301 et seq.) applies to tribes when they exercise their powers of self-government, and to IHAs when established by exercise of such powers. When an IHA is established under State law, the applicability of the Indian civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian civil Rights Act must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title vi and the Fair Housing Act and their implementing regulations. (2) The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.$.C. 794) and implementing regulations at 24 CFR part 8. (3) The requirements of section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Economic Opportunities for Low- and Very Low- Income Persons.) (4) The requirements of Executive Order 11246, as amended by Executive Orders 11375 and 12086 (3 CFR 1964-65, Comp., p. 339, 3 CFR 1966-1970 Comp., p. 684, and 3 CFR 1978 Comp., p. 230) (Equal Employment Opportunity) and the regulations issued under the Order at 41 CFR chapter 60; and the prohibitions against discrimination against handicapped individuals under section 503 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 41 CFR chapter 60-741. 15 (5) The requirements of Executive Order 11625, as amended by Executive order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 39) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive order 12138 (3 CFR, 1977 Comp., p. 393) (Women's Business Enterprise). Consistent with HUD's responsibilities under these orders, recipients must make efforts to encourage the use of minority and women's business enterprises in connection with funded activities. (6) The accessibility requirements, reasonable modification, and accon~nodation requirements of the Fair Housing Act and of section 504 of the Rehabilitation Act of 1973, as amended. (c) Affirmative outreach. (1) If the procedures that the recipient intends to use to make known the availability of the program are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for assistance, the recipient must establish additional procedures that will ensure that interested persons can obtain information concerning the assistance. (2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) The accessibility requirements, reasonable modification, and accormmodation requirements of the Fair Housing Act and of section 504 of the Rehabilitation Act of 1973, as amended. 582.335 Displacement, relocation, and real property acquisition. (a) Minimizinq displacement. Consistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (nRA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements. The acquisition of real property for supportive housing is subject to the nRA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1} The recipient must certify (i.e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2) The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. (3) The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. (e) Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a "displaced person," or the amount of relocation assistance for which the person is eligible, may file a written appeal of that determination with the recipient. A low-income person who is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of displaced person. (1) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves · personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing project assisted under this part. The term "displaced person" includes, but may not be limited to: (i) A person that moves permanently from the real property after the property owner (or person in control of the site) issues a vacate notice or refuses to renew an expiring lease, if the move occurs on or after: (A) The date that the recipient submits to HUD an application for assistance that is later approved and funded, if the recipient has control of the project site; or (B) The date that the recipient obtains control of the project site, if such control is obtained after the submission of the application to HUD. (ii) Any person, including a person who moves before the date described in paragraph (f)(1)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (iii) A tenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (g) of this section) if the move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/complex, under reasonable terms and conditions, upon completion of the project, such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, but does not return to the building/complex, if either: (A) A tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, or (B) other conditions of the temporary relocation are not reasonable. (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required to move to another unit in the same building/complex, if either: (A) The tenant is not offered reimbursement for all reasonable out-of- pocket expenses incurred in con~ection with the move; or (B) other conditions of the move are not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, a person does not qualify as a "displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (ii) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project is approved; (iii) The person is ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of neqotiation-. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD, or selection of the project site, if later. 582.340 Other Federal requirements. (a) OMB circulars,t (1) The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Governments) and 24 CFR part 85 apply to the acceptance and use of assistance under the program by governmental entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with provisions of the McKinney Act, other Federal statutes, or this part. (2) The financial management systems used by recipients under this program must provide for audits in accordance with the provisions of 24 CFR part 44. Private nonprofit organizations who are subrecipients are subject to the audit requirements of 24 CFR part 45. HUD may perform or require additional audits as it finds necessary or appropriate. (b) Druq-free workplace and facilities. Recipients are required to administer, in good faith, a policy designed to ensure that homeless facilities are free from the illegal use, possession, or distribution of drugs or alcohol by participants. Recipients must also certify that they will provide a drug-free workplace, in accordance with the Drug-free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR part 24, subpart F. (c) Anti-lobb¥inq certification. Recipients of Federal contracts, grants, and loans are prohibited from using appropriated funds for lobbying the Executive or Legislative Branches of the Federal Government, in accordance with 24 CFR part 87. Applicants, recipients, and subrecipients of assistance exceeding $100,000 are required to certify that no Federal funds have been or will be spent on lobbying activities in connection with the assistance. Applicants, recipients, and subrecipients are also required to disclose whether nonappropriated funds have been spent or committed for lobbying activities if those activities would be prohibited if paid with appropriated funds, substantial monetary penalties may be imposed for failure to file the required certification or disclosure. (d) Debarred or suspended contractors. The provisions of 24 CFR part 24 apply to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status. (e) conflict of interest. (1) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decisionmaking under § 582.300 of this part does not constitute a conflict of interest. (2) Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)(1) of this section on a case-by- case basis when it determines that the exception will serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the following: t Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive office Building, Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-free number.) There is a limit of two free copies. 5' 18 (i) For States, units of general local governments, and PHAs, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) For all recipients, an opinion of the recipient,s attorney that the interest for which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e)(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (ii) whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iii) whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (e)(1) of this section; (v) whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and (vi) Any other relevant considerations. Subpart E--Administration 582.400 Grant agreement. (a) General. The grant agreement will be between HUD and the recipient. HUD will hold the recipient responsible for the overall administration of the program, including overseeing any subrecipients or co~tractors, under the grant agreement, the recipient must agree to operate the program in accordance with the provisions of this part and other applicable HUD regulations. (b) Enforcement. HUD will enforce the obligations in the grant agreement through such action as may be necessary, including recapturing assistance awarded under the program. 582.405 Program changes. (a) Chanqes. HUD must approve, in writing, any significant changes to an approved program. Significant changes that require approval include, but are not limited to, a change in sponsor, a change in the project site for SRo or PRA with rehabilitation projects, and a change in the type of persons with disabilities to be served. Depending on the nature of the change, HUD may require a new certification of consistency with the CHAS (see section 582.120). (b) Approval. Approval for such changes is contingent upon the application ranking remaining high enough to have been competitively selected for funding in the year the application was selected. 582.410 Obligation and deobligation of funds. (a) Obliq~tion of funds? When HUD and the applicant execute a grant agreement, HUD will obligate funds to cover the amount of the approved grant. The recipient will be expected to carry out the activities as proposed in the application. After the initial obligation of funds, ~UD is under no obligation to make any upward revisions to the grant amount for any approved assistance. 1. SUBJECT: An ordinance amending the selection process, benefits, and starting compensation for department heads, management and professional staff; and amending Chapters 2.49 and 2.50 of the Bremerton Municipal Code. AQENDA BILL ~ BREMERTON CITY COUNCIL FOR AGENDA OF: May 1, 1996 ORIGINATING DEPT: Human Resources ORIGINATOR: Jim Meith DATE SUBMITTED: April 17, 1996 : (Comment on back Ckty A~corne~f Fisc~ Budget Committee Operations Committee if necessary) EXHIBITS: Proposed Ordinance ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESTIDENT FOR SUBMITTAL: 4. SUMMARY STAT_~M~NT AND REQUIREMENT FOR COUNCIL ~TION: A review of the Management and Professional Staff Compensation Program has been completed. The proposed ordinance will change the plan in three areas: 1. Recruitment flexibility; 2. Rate increases based on satisfactory performance; and 3. Equalize basic benefits with those received by represented employees. Council Action is required to amend the Bremerton Municipal Code to implement these changes. 8. RECOMMENDATION: Motion to a~~~rut rczding un~passam3~ on second reading, Ordinance No. ~/5-~/ amending the selection process, benefits, and starting compensation for department heads, management and professional staff; amending Chapters 2.49 and 2.50 of the Bremerton Municipal Code. 9. RESPONSIBLE OFFICIAL: Mayor Horton ENFORCEMENT OFFICIAL: Human Resources Manager EXPIRATION DATE: Ongoing REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 11. AQENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: - -- 5. IMPACT OF NON-PASSAGE: If this is not passed, the ability of the City to recruit the best qualified management and professional staff would be hampered. Also, the City would not be treating employees in a completely equitable manner. 6. IMPACT ON STB.FFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: There should be minimal impact on budgets and no budget adjustment is required. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending the confirmation standards, salary and compensation plans, work schedules and leave benefits for department heads, management and professional staff, and amending Chapter 2.49 and 2.50 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.49.020 of the Bremerton Municipal Code is amended to read as follows: 2.49.020 CONFIRMATION STANDARDS. Prior to Council confirmation, the Human Resources Manager shall have sought applications from non-employee as well as employee applicants. Provided, however, That this requirement may be waived by the Section 2. Amendment. Section 2.50.032(b) of the Bremerton Municipal Code is amended to read as follows: 2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have his or her salary rate set as follows: (b) In-Range Rate Adjustment. Each person hired on or at, er January 1, 1993 shall be eligible for a salary rate advancement" _ . ................. j ...... j .....to the ................. a sa!a~' .... upon corn etion of twelve full months at each rate in the salary band. Each person ..a._..~ ...... ....o employed ~'-'..j +~...~ r~:+...~..j in a position ~ in the plan on January 1, 1993, shall ~' .... be eligible for a salary rate advancement on kis ~- t. .... 1~. an In-R. ange Rate Adjustment, the employee must be evaluated as "Meets Expectations" (or equivalent) on his or her work performance evaluation. Those employees who receive a rating that exceeds the rating "Meets Expectations" (or equivalent) may be eligible to receive an additional adjustment. The adjustment, if in excess of one rate, shall be determined by recommendation of the Department Head and Mayor, with the approval of the City Council. A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee's performance. Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. Section 3. New Section. A new section 2.50.034, INITIAL BENEFITS FOR DEPARTMENT HEADS, is hereby added to Chapter 2.50 to read as follows: 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head's employment contract approved by the City Council. Section 4. Amendment. Section 2.50.040 of' the Bremerton Municipal Code is amended to read as follows: 2.50.040050 WORK SCHEDULES AND LEAVE BENEFITS. (b) Holiday Time. Managers and professional staff shall receive a full day of time offwithout loss of compensation for each holiday observed by the City on the day the City Holidays observed by the City observes the holiday and one additional floating holiday. are: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe. (d) Sick Leave Accrual. (1) Rate. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period._ (9) Sick Leave Retirement Payment. An employee who retires from City service on a PERS or LEOFF service or disability retirement, shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employees accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly wage rate in effect at the time of retirement. (10) Payment of Sick Leave Upon Death. In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee's regular hourly wage rate in effect at the time of death. Section 5. Effective Bate. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,1996. PASSED by the City Council of the City of Bremerton this day of ,1996. APPROVED this JOHN E. LAW, Council President day of ,1996. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY City Clerk AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Public Hearing: Almira/Riddell Road Apart- ments Site Plan Review FOR AGENDA OF: May 8, 1996 ORIGINATING DEPT: Dept. of Comm. Dev. .i~ ORIGINATOR: Jack Allingham, Sr. Planne DATE SUBMITTED: May 2, 1996 , CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Director of Comm. Dev.: ~~ 1 - Site plan City Attorney: ~~.~~ ' ' 2 - AnalysiSDecision Operations Comm. ... _ and 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In March of 1991, the City Council approved a request to rezone the subject 20 acre site from "Single-Family (SF-3)" to "Multi-Family (MF)". Because of the size and location of the site, and the high level of interest shown by surrounding residents, the City Council conditioned the rezone approval to require the preliminary site plan to be reviewed by the Council at a public hearing. The site plan is now returning to the City Council for a public hearing. The attached "Analysis and Decision" describes the proposal and the seven specific factors the Council asked to be addressed in the design. 8. RECOMMENDATION: The Planning Division has reviewed the Preliminary site plan, finds it to meet' the minimum requirements of the City's zoning Ordinance, and recommends approval. Requested motion: I move that the City Council approves the analysis and decision of the Bremerton City Council approving the preliminary site plan review for the Riddell Road and Almira /Drive apartments subject to the conditions for final site plan approval as proposed. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: Director of Comm. Dev _ Building Official PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. DATE: AGENDA BILL NO.: BREMERTON CITY COUNCIL AGENDA BILL (CONT.) 2 · CLEARANCE COMMENTS ~ 5. IMPACT OF NON-P~SSAGE: The site plan will need to be brought before council hearing. at another public 6. IMPACT ON STAFFING~ BUDGETS, FACILITIESt EQUIPMENT OR OTHER RESOUltOE~= Additional staff resources will be required to review the final site plan prior to building permit approval. 7. RESEARCH SOURCES= Bremerton Zoning Ordinance Planning Department File #RZ-08-90 CITY OF BREMERTON ANALYSIS AND DECISION OF THE CITY COUNCIL REGARDING: BEAUMONT EEC/RiCHARD MANNING RIDDELL ROAD/ALMIRA DRIVE APARTMENTS SITE PLAN REVII W (FILE# SPR-03-96) SUMMARY 1. APPLICANT= Beaumont LLC/ Richard Manning - Manager 1800 Sidney Avenue Port Orchard, WA 98366 PROPOSAL: Preliminary site plan review to construct a two phased, 360- units multi-family apartment complex with accessory parking for 625 vehicles. Attachments: - Site plan review application - Preliminary site plan - Preliminary Grading and drainage plan - Preliminary composite utilities plan LOCATION/PARCEL SIZE: The project is on a vacant 20 acre parcel located immediately south of Riddell Road and west of Almira Drive. REQUIREMENT: Zoning Ordinance Chapter X, Section 6 [Site Plan Review] requires a Site Plan Review for all land use and development proposals involving residential structures of three or more dwelling units and all non-residential uses and structures. In March of 1991, the City Council approved a request by American Redicorp, Inc. to rezone the subject 20 acre site from "Single-Family (SF-3)" to "Multi-Family (MF)". Because of the size and location of the site, and the high level of interest shown by surrounding residents, the City Council conditioned the rezone approval to require the preliminary site plan to be reviewed by the Council at a public hearing. The site plan was to address the following issues: - Transit access and turnouts. - Access onto neighborhood streets. - streets and sidewalks - Open space. - Setbacks and types of vegetation within them - Basic lighting - Trash facilities Because only a preliminary site plan approval is required by the City Council, planning staff recommends that a Final Site Plan approval be issued by the Director of Community Development. The process for the Final approval is contained in the conditions of this analysis, and will require additional public notice with possible appeal. FINDINGS PROJECT DESCRIPTION: The project includes 27 buildings containing a total of 360 dwelling units to be developed in two phases from south to north. Phase I --- 180 dwelling units 312 off street parking spaces Recreation building w/pool sports court Tot lot Phase II -- 180 dwelling units 313 off street parking spaces 2nd phase recreation building sports court Tot lot This is the second site plan which has been submitted for review for this site. An earlier site plan was approved by the City Council on August 7, 1991 for 388 dwelling units. That site plan has been deemed to have expired. COMPREHENSIVE PLAN: RESIDENTIAL 8-18 Units/Acre (medium density). 3. ZONING/DENSITY: "MF"-- Multi-Family The MF zoning allows one dwelling unit per 2,053 square feet of gross land area. A 20 acre site in the MF zone can normally accommodate 424 dwelling units. However, as many as 600 units could be approved through the PUD process with approval of a density bonus for additional open space. This proposal calls for a total of 360 dwelling units, 64 dwelling unit less than permitted by a strictly zoning application for a non-PUD. LOT DEVELOPMENT REQUIREMENTS: The following table compares the development requirements of the MF zone to that the development shown on the site plan. Required Front Yard Setback: Rear Yard Setback: Side Yard Setback: 20 ft. 25 ft. 5 & 15 ft. Height: Lot Coverage: Landscape Plan: 40 ft. 50% Allowed YES 5 ft. Proposedt 20 ft. 25 ft. 15 ft . (south) (west) 2 7 % (approx.) conceptual Parking: Off street parking requirements are based on the size (number of bedrooms) of multi-family dwellings. They range from 1.5 spaces for a one bedroom unit to 2 spaces for a three bedroom unit. The combination of dwelling unit in this project generate a need for parking spaces which meets the minimum requirement. Parking lots and driveways must be developed in accordance with the provisions of Zoning Ordinance Chapter VII Off Street Parkinq Requirements, which requires paving and landscaping. Transit access and bus stops: Transit routes currently follow Riddell Road and Almira Drive, providing direct access to the site. Routing busses onto and through the site itself is not being proposed. The curb to curb width of Almira Drive is sufficient to accommodate two travel lanes and two parking lanes. Almira is a collector street and not intended to provide four travel lanes. It is proposed that a buss stop be located adjacent to the site along the west side of Almira Drive just south of the project's access driveway. The stop would include a transit shelter and be designed to the satisfaction of the City Engineer. A second buss pullout is proposed along the south side of Riddell Road located just west of the project's access on to Riddell Road. e Access onto neighborhood streets: Three vehicular access points are shown on the site plan. One entrance to the site is located along the west side of Almira Drive and is designed to provide a 4-way intersection with Clemens Street. A second access is proposed to connect to Hollis Street via the undeveloped right-of-way of Maple Avenue located at the south west corner of the site. A third access proposed for Phase II will be provided along Riddell Road. All Street improvements will be designed to city right-of way standards and must be approved by the City Engineer. Streets and sidewalks: Two public streets abut the site -- Almira Drive and Riddell Road. Almira is a collector and is paved to standard width with curbs and gutters. Riddell is also paved, but is not developed to minimum standards for an arterial. Both streets do not have sidewalks. However, Almira has curbs and gutters. This proposal will require widening the south portion of Riddell Road to city standards and to include a center turn lane and acceleration/deceleration lane. Curbs, gutters and sidewalk will be included. Almira street needs sidewalks. The proposal calls for the construction of a sidewalk along the west side of Almira. It includes a 5 feet wide planting strip with street trees. However, the previous 1991 site plan approved the construction of the sidewalk along the east side of Almira. This was considered primarily due to constraints of sloping topography adjacent to the site and the anticipated benefit of greater public use if it was located along the east side of Almira. Internally to the site, the plan provides for pedestrian walkways adjoining the buildings and parking lots. Open space: The city requires a minimum of fifteen percent of the total site be retained as open space for a combination of active and passive recreation, and for the preservation of natural site amenities. Areas required for building setbacks or used for parking lots and driveways are not included in the open space calculation. Section 7-F of the zoning ordinance chapter VIII (Landscaping Provisions) includes the criteria to be used in determining the suitability of the proposed spaces. The city will base its approval of the proposed active or recreational open space on the dimensions, useability, location, slope, and physical improvements. Up to one-third of the property intended to satisfy the open space requirement can be unsuitable for recreational purposes if consisting of natural site amenities. Several open space areas are provided between building and along internal driveways. Several recreational opportunities are also being provided with tot-lots, sorts courts and clubhouses with swimming pool. A natural site amenity, the"fossil rock" is being retained and is located on the south side of the site. The plan shows that 26 percent of the site is provided in open space not including the street frontage setbacks. Setbacks and types of vegetation within them: The city's required setbacks in the MF zone are: Front --- 20 Ft. Side --- 5 Ft. with 15 Ft. on one side Rear --- 15 Ft. A 20 Ft. perimeter front yard setback is provided along Almira and Riddell. However, due to the building orientation, most of the structures will have greater setbacks. Because this is a corner lot, the zoning ordinance defines the other property lines (south and west) as side yards. The zoning ordinance requires a minimum of 15 ft. on one of those setbacks. The plan shows a 15 ft setback along the south property line which abuts the closest single family uses which front on Hollis street. The landscaping chapter requires the street frontage setbacks to be landscaped as well as providing a sight obscuring landscape buffer when adjacent to single family zoning as is the case along the south property line. The plan conforms to the MF zoning setbacks and provides for adequate landscape setbacks. 10. Lighting= Details of the lighting system have not been designed, but such system should be adequate to provide safety and security without producing glare onto surrounding properties. Exterior parking lot lights should consist of concealed sources and illuminate only the parking areas on the site. Pedestrian pathway lighting usually consists of semi concealed light sources and have a warmer appearance. Ail lighting will comply with the Zoning Ordinance's chapter IV Section 10 Lighting Regulations which requires light source to be selected and placed so that glare produced by any light source does not extend to adjacent properties nor onto the right of way (except for Sidewalks). 11. lZ. 13. 14. Trash facilities: Trash dumpsters are shown on the site plan throughout the complex. They are located within interior parking areas and away from surrounding residential uses. The zoning ordinance requires that they meet the minimum setbacks and be screened from with fencing or landscaping. These areas will also include receptacles for recycling. Storm Water: A preliminary stormwater plan has been provided. Stormwater will be collected via an on-site collection system and detained on site. The water will then pass through bio- filtration swales to achieve water quality. Discharge at the pre-development rate will be into the City's stormwater system which drains the Wheaton Way corridor. Schools: The Bremerton School District has had an opportunity to review the proposal and does not anticipate any significant impacts to there level of service (see attached letter from Walt Draper to Gregg Steiger dated March 18, 1996). Potential students housed in the development would attend View Ridge Elementary, Olympic View Middle School and Bremerton High School. Development meetings: Two informal development meetings were conducted on February 21 and April 17, 1996. City staff, the applicant and surrounding residents attended to review the project and discuss the approval process. 6 CONCLUSIONS ® The use is consistent with the Comprehensive Plan. The proposed use is allowed by zoning and is with the allowable density. The development conforms to the Lot Development Requirements of the MF zone. Adequate provisions for required parking have been provided on site. Adequate provisions for required landscaping and open space have been provided on site. DECISION Based upon the above Findings and Conclusions, The Bremerton City Council, hereby APPROVES the Site Plan Review, above-referenced proposal identified as Pile #SPR-05-96, subject to the following conditions: An application for approval of a Final Site Plan must be filed with the Planning Division. The Director shall review the Final Site Plan and shall verify that it is in substantial compliance with the approved Preliminary Plan, and that any problems and all details have been worked out. If an affirmative finding of substantial conformance is made, the Director must approve the Final Site Plan application. The Final Site Plan shall be in substantial compliance with the approved Preliminary Plan. Minor administrative adjustments to the Final Plan may be approved by the Director and the Plan shall be deemed in substantial compliance if the following are true: 1. The general use or character of the development is not changed. 2. There are no new or increased traffic or circulation problems. 7 3. The total number of residential dwelling units has not increased by more than five percent (5%) over the number shown on the Preliminary Plan. 4. The amount of approved open space has not decreased by more than three percent (3%). 5. The final site plan is in conformance with Zoning Ordinance Chapter X, Section 6 ((B) Criteria For Site Plan Review. C. After the Director's Final Site Plan decision has been made, a letter shall be sent to the persons of record explaining the decision and the appeal process. Any appeal shall follow the procedure of Bremerton Zoning Ordinance Chapter VI Section 12: APPEAL OF DIRECTOR'S DETERMINATION. PASSED by City Council of the City of Bremerton this day of , 1996. John Law, President Bremerton City Council APPROVED this day of , 1996 ATTEST: LYNN HORTON, Mayor KATHLEEN L. McCLUSKEY, Clerk DRIVE R~DDELL PRELIMINARY SITE PLAN ROAD APARTMENTS BREMERTON, WASHINGTON FOR: 81TE DEVELOPMENT STATISTIC8 BEAULiOflr L.L.C./RICK UANNING - 1800 SYDNEY AVENUE - PORT ORCHARD, WA 98336 (360) 895-5800 tole-Ave. ~LII.III_III / / \ PRELIMINARY COMPOSITE LmLmE$ PLAN 8CALE, '1'-~0' E~::~IdEF~ON, WASHeX3TON LEGIEND i i PACIFIC ENGI~,IEERING DESIGN INC. i ,! CIVIL ENCaNEERING AND PLANNING CONSULTANT8 ! I I I ?/ FEE: ** Provide 5 copies of Application/Checklist and Site Plan'* APPLICATION & CHECKLIST FOI SITE PIAN REVIEW (FILE #: SPR- -95) ~)~'/, REQUIREMENT: INSTRUCTIONS: Zoning Ordinance Chapter X, Section 6 (Site Plan Review) requires a Site Plan Review for all land use and development proposals involving residential structures of three or more dwellinq units and all non-residential uses and structures. Please complete the following application according to the requirements of the zoning district in which your project is located, and as it appears on the Site Plan. The application must be complete or processinq will be delayed. APPLICANT & ADDRESS: BEAUMONT L.L.C. / Richard Manning - Manager 1800 Sidney Avenue POrt Orchard, WA 98366 CONTACT PERSON & PHONE #: Richard D. Mannin9 (360) 895 - 5800 BUILDING PERMIT NUMBER: N/A' PROPOSAL (describe nature of the development): Applicant proposes to develop this approx. 20 acre site With 360 multi-f~mily apartment units, The oroiect will consist of {27) 2-story over basement buildinas with a 9-n½m<m rmrrmmt(nn h,41dino and oarkino fgr ~2~ yQhicles. LOCATION (include street address, if any): Site is located directly south of Riddell Rd. and west of Almira Dr. TAX ASSESSOR'S PARCEL#: n~tn3 _ ~ . ~z~ _ ~nnA PROPOSED Sm~N~._~_.=- (state number, all hypes and sizt._.-in sq. fL) Fr~e Standinq: (2) monument signs, one at each as allowed b.v zoning code. Buiidinq: -0- entry drive - size 12. PROPOSED LANDSCAPING: (dimensions of areas/strfps & square footage) Front'. 27,900 IS.F. (2027' x 20') Rear:. 34,875 S.F. (1395' x 25') Sides: 9,480 S.F. (632' x 15') Island(s) under free-$tandinq $~qn$: Parkinq Lot lnterior Area$ (10 sQ. ft. per space): required: 6,250 S.F. provided: 8,500 S.F. i3. 14. OPEN SPACE (required for projects of one acre or more). Please include plan for reasonable care and maintenance of open space areas: Amount Required (acres & percentaoe): (15%;0f total site: 130,680 S.F. (3 acres) Total Amount Proposed: 225~305 S.F~Active: .104,600 S.FPas$ive.: 120,705 S.F. Open Space/Landscape Area will be irrigated and the Owner will obtain the services of a orofessional maintenance contractor for lono tom care. CRITERIA FOR SITE PLAN REVIEW: PI_EASE INCLUDE ANY NECESSARY INFORMA T/ON ON THE SITE PI_AN THAT I~LLUSTRA TES COMPLIANCE WITH THE FOLLOWING CRITERIA. STAFF MUST SEE THIS INFORMATION iN ORDER TO MAKE ADEQUATE F//VDINGS FOR APPROVAl_.' REVIEW THESE CRITERIA CAREFULLY. ' Bremerfon Zoninq Ordinance Chapter X, Section 6-B includes the Criteria'for Site Plan Review. The Director of Community Development shall approve a Site Plan unless the Director finds that one or more of the following conditions occur with respect to the proposed development: (Do not write in "Findinq" space, it is for staff analysis). The bulk, height, location, or placement of structures or the intensity of uses of the proposal would: a. Be detrimental to other development in the neighborhood; or 'b. Result in loss or damage to unique natural or topographic features of the site that are important to the qua/Ny of life in the City. 2. The prov~ic~ t~r vehicular and pedestrian circul,....,n and parlo'ng on the site and on adjacent streets would: a. Create hazards to public safety; or b. Result in serious loss of natural or topographic features. The landscaping provfsions do not adequately protect neighboring propertfes from the development. The Site Plan fails to provide for soil and drainage problems that will be caused by the development. The provisions of extedor lighting are inadequate or will adversely impact adjacent properties. The applicant has not set forth a .reasonable plan for the care and maintenance of open spaces on the site. The proposed development will impose an undue burden upon public services such as sewer, water, and streets. 15. APPLICANTS STATEMENT: i hereby certify that the statements contained herein are correct. I understand that conditions of approval may be required to adequately protect the zone and neighborhood within which the subject use/structure is located, and 1 agree to abide by those conditions. I undem'tand that the decision on this application may be appealed and possibly overturned. I also understand that an approved Site Plan is subject to Planning Commission and City Council review and could be terminated for violation of. terms or limitations. I undem-tand,~l~t APPROVAL of this Site Plan may be appealed and possibly overturned Planning,C/efnrnission or City Council, by the ,~'/ ~! hav~v~ad, understand, and agree with all o1' the above statements. r' *RECTOR'S DECISION I, the duly appointed official responsible for review and decision on Site Plan proposals do hereby this Site Plan, referenced as File # SPR- and located at This decision is based on conclusions drawn from the information supplied on the Site Plan and this application/checklist. This APPROVAL is subject to the development standards shown on the Approved Site Plan, and to the following conditions: o DONALD L. PRATT Director of Community Development DATE NOTE: ~-This decision may be appealed to the Bremerton Planning Commission within 14 days of the posting of this decision. March 18, 1996 SC'" _(') .... ) Mr. Greg Steiger Bradley Scott Commercial Real Estate 400 Warren Avenue, Suite 450 Bremerton, Washington 9833%1408 Dear Greg, I have enclosed a copy of the Bremerton School Districi's submission for the Capital Facilities Section of both the Kitsap County and City of Bremerton comprehensive plans. A comparison of enrollment projections and capacity for the year 2000 shows excess capacity at the elementary .~vel and only minor deficiencies at the secondary levels. ~ The geograPhic area in question is served by View Ridge Elementary School. All students in the District attend the same Middle, Junior High and Senior High depending on thek age. School Grades Permanent Enrollment Capacity 3/1/96 Elementary (View Ridge) K - 5 528 Middle/Junior High 6 - 9 1925 High School 10 -12 1275 534 1745 915 We project no overcrowding at any level through the year 2000, although the addition of or relocation of portable classrooms may be required. As a matter of interest, a District Boundary Committee is reviewing possible elementary boundary changes at this time. Changes under- consideration will likely reduce the student population at View Ridge Elementary. View Ridge has four portable classrooms at present to provide additional capacity. I hope this information meets your needs. Please call me at 478-5113 with any additional questions. Sincerely, e?S. Drape/$~r WSD/dx WALTER S DRAPER IV, Director of Finance jnd Ofl~Jtlons, (206) 478-8113 Bremerton School District I00-C, 300 North Montgomery, Bremerton, WA 98312