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HomeMy WebLinkAbout11/05/2008 AGENDA .TV COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 1. 2. 3. 4. 5. . 6. 7. . 9. ***AMENDED*** NOVEMBER 5, 2008 CITY COUNCIL MEETING AGENDA BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 10-Minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110(1 )(i) CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation MAYOR'S REPORT ANNOUNCEMENTS & PUBLIC RECOGNITION CONSENT AGENDA A. Claims & Check Register (#AB08-226) B. Minutes of Meeting - October 15, 2008 (#AB08-227) C. Minutes of Study Session - October 22, 2008 (#AB08-228) D. Minutes of Study Session - October 29, 2008 (#AB08-229) E. Approval of Addendum to Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners (#AB08-230) F. Professional Services Agreement with the Bremerton School District for a full-time School Resource Officer (#AB08-231) G. Agreement with KITSAP BANK for Makayla Avenue Improvements (#AB08-232) H. Amendment NO.2 to Professional Services Agreement with CH2M HILL for Waste Water Treatment Plant Upgrade (#AB08-233) I. Renewal of Department of Natural Resources (DNR) Aquatic Leases (#AB08-234) J. Ordinance No. 5064 amending BMC Section 7.08.010 relating to Animal Licensing (#AB08-235) K. Ro~olution ~Jo. J071 3pproving E3stp3rk Phase I Final PI3t /\pprov31 (1tABOg 2J6) Postponed L. Purchase of one Toyota Yaris as a pool vehicle at the Public Works & Utilities Oyster Bay Facility (#AB08-237) M. Resolution No. 3072 approving the Manette Bridge Right-of-Way Acquisition Agreement & City acceptance of property and Department of Natural Resources (DNR) Lease (#AB08-238) N. Appointment of Debra J. Kilgore-Hilton to the Bremerton Housing Authority Board of Commissioners (#AB08-240) GENERAL BUSINESS - There are no General Business items this week... PUBLIC HEARINGS A. Resolution No. 3073 approving the 2009 Community Development Block Grant (CDBG) Funding Recommendations (#AB08-239) COUNCIL MEMBER REPORTS ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING . Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 11/5/2008 BILL # 01 - oZoZ~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: November 5, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR CpUNCIL PRESIDENT: CONSENT AGENDA r2J GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 327915 through 328275 and EFT's 8220 through 8270 in the amount of$2,344,091.17. 2) Regular Payroll for the pay period ending October 15, 2008 in the amount of$749,305.07. 3) Retiree Payroll for the pay period ending October 31, 2008 in the amount of$79,053.51. COUNCIL ACTION: [8] Approve D Deny 0 Table o Continue 0 No Action ,\GE~DA BILL CITY OF BREivlERTON CITY COL'NCIL I~II_L !! ___013'" _~.~']__ 5& D.\ IT SliB\II"I'ILD: ........................................................................................ Committee Meeting Date: N,'A COU\;CIL :VIEL liNG natL': rJDVPMla.e-y-. Sf 2008 Departml.:nt: City Council Presenter: \Vill Maupin, Counci I President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Oc...fr>be,-. 15", 1-00 g SlJB.JECT: City COllncil Meeting \linutes Cor meeting oC Ct1"r>ber t 5" ~ 200 g ATTACHMENTS: Meeting Minutes for Oc.-\-obe.r- t 5'", .2005 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A "N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/\ (, \ ''(J~1 , //, ../.,..' ,/..... J .;...____,.> , {( /;4'- /~ . __ ;;'J'-- / CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBUC HEARING 0 RECOI\IMENDED ;\'IOTION: Move to approve the Consent Agenda as presented. COVNCIL ACTION: 0 ApprovL' 0 Deny 0 Table o Contlllue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 15, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, October 15, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Mark Koontz; City Clerk Carol Etgen; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Reverend Ron Anderson of the Manette Community Church. President Maupin announced that a Briefing Session to discuss General Council Business was held prior to the meeting; Changes to the meeting agenda include: 1) Item 5G has been moved from Consent Agenda and will be heard as Item 6A under General Business and 2) Former Item 6A will be heard as Item 6B under General Business. MAYOR'S REPORT President Maupin read a proclamation on behalf of the Mayor supporting Bremerton High School's "2008 - 2009 Dare Not To Swear Campaign". The proclamation was accepted by Madonna Hanna, Coordinator for the "Dare Not To Swear" Campaign, who encouraged City employees and students in the Bremerton School District to participate in the yearlong campaign. Students also provided a brief rap performance of the campaign's message. PUBLIC RECOGNITION & ANNOUNCEMENTS Dianne Robinson announced the 96th Annual Celebration for Ebenezer African Methodist Episcopal Church which will be held on Sunday, October 19 beginning at 4:00 P.M. at the Comfort Inn located at 5640 Kitsap Way. Please contact (360) 373-1063 for more information. Roy Runyon announced the "Safe Trick or Treat" event on Halloween, October 31 from 5:00 to 8:00 PM in the downtown area. There will be a costume ball, harvest festival, and hayrides. For more information on the event or how to volunteer, please contact Chris at (360) 479-3844. Also, candy donations for the trick or treat event may be dropped qff at Simply Renewed on Pacific Avenue. Brad Gehrina encouraged people to attend Red Cross Safety Saturday on October 25 at Ridgetop Junior High School in Silverdale. The event is geared towards youth ages 7 -12. Interested citizens may contact (360) 478-7685 for more information. Adam Brockus announced that the Manette Bridge is not closed this week but will be closed November 17 to 20; and asked that any voters who have not received ballots or have questions, to contact the Elections Office at (360) 337-7128. Will Maupin announced the Council will be participating in a Joint Study Session with the Bremerton School District to discuss the Collaborative School Siting Study on Thursday, October 23 from 5:00 to 7:00 PM. The meeting is open to the public and will be held at the School District Office located on Marion Avenue. CONSENT AGENDA A. Check Numbers 327543 through 327914; and EFT-8181 through EFT-8219 in the amount of $2,625,219.53; Regular Payroll in the amount of $751,118.39 for the pay period ending September 30,2008 (#AB08-215) City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 2 of 8 B. Minutes of Meeting - September 17,2008 (#AB08-216) C. Minutes of Meeting - October 1, 2008 (#AB08-217) D. Minutes of Study Session - October 8,2008 (#AB08-218) E. Contract with BREMERTON HOUSING AUTHORITY for Supplemental Police Services (#AB08-219) F. Award of Goods & Services Agreement to C. CRONAUER CONSTRUCTION for Gorst Creek Debris Removal on City Property (#AB08-220) 05:46:50 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A - RESOLUTION NO. 3070, APPROVING AN INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR THE TRANSFER OF REAL PROPERTY AND AUTHORIZING THE SALE OF THE CENCOM PROPERTY (#AB08-221 ): Phil Williams, Public Works & Utilities Director, explained that the City has received an offer to purchase the property commonly known as CenCom property and adjacent parcel currently owned by Kitsap County for $505,000. Kitsap County has agreed to transfer its property to the City in order to facilitate sale in exchange for compensation in the amount of $100,000 to be paid form the proceeds of the sale. In the event the sale to the Johnson's does not close, the City will have the option to purchase the adjacent property. The proposed resolution approves the Interlocal agreement with Kitsap County for the transfer of its parcel and authorizes the sale of the entire property to the Johnson's. Mike Shepherd emphasized that the property is underutilized and is pleased that the sale is moving forward. Roy Runyon provided his support for the sale and was pleased that funds would go towards the Municipal Court. Brad Gehrina asked if the tower would remain part of the property. Mr. Williams responded yes. 05:50:35 M/S/C/U (Shepherd/Runyon) Move to pass Resolution No. 3070 approving the Interlocal Agreement with Kitsap County for the transfer of real property and approving a negotiated sale of the property commonly known as the CenCom property; and authorize the Mayor to sign the Interlocal agreement. 68 - ORDINANCE NO. 5060 AMENDING SECTION 13.04.140 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE SALE OF BEER AND WINE AT OLYMPIC SOCCER & SPORTS CENTER IN PENDERGAST PARK (#AB08-222): Wyn Birkenthal, Parks & Recreation Director, explained that the owners of the Olympic Sports & Soccer Center (OSSC), an indoor facility which operates through a concession agreement managed by the Parks & Recreation Department, has petitioned the City to allow the sale of beer and wine within the mezzanine food service area of the OSSC building. The proposed ordinance amends BMC Section 13.04.140 to allow the sale of liquor under certain conditions at the Olympic Sports & Soccer Center. On August 26, 2008, the Park Board (voting 5 in favor, 1 opposed) recommended the ordinance to City Council. On September 15th, the Public Safety & Parks Committee narrowed the language of the proposed ordinance to state "sale of beer and wine" in place of using the general term of "alcohol". Richard Nerf, Parks & Recreation Commission, informed Council that the commission spent three meetings discussing this matter and hoped that Council would follow through with the commission's recommendations; and believed that serving alcohol should be considered on a case by case basis. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 3 of 8 Bill North, Parks & Recreation Commission, did not support the commission's recommendations; believed that the lapse in business may be due to the economy or reduced interest in adult soccer leagues; emphasized that alcohol should not be served in a public park and that service does not meet the park's mission in providing recreational opportunities to the community; and suggested that the business owners provide a written business plan and cost analysis regarding serving alcohol. Tom Clavton stated that the facility is intended for recreation and socializing after the game; and believed that people would treat the drinking as part of that socializing in a responsible manner. Mark Grindrod agreed that socializing after games is quite common and players have a drink at facilities where this is allowed; and has seen business go to competitors' facilities that offer the service. Lois Strombera, OSSC Manager, reiterated that gas prices and the economy has impacted business and hoped that by providing this service, some teams may return to Pendergast Park. Mike ChaDlis emphasized that drinking in the soccer venue is minimal and does not foresee any problems with offering alcohol. Lvnn Frei asked Council to consider which way the social standard is going by authorizing the sale of alcohol at a park. Trish Jose does not believe alcohol is a necessity but thought it would be a nice amenity to offer that would improve the social atmosphere; and believed that this may not provide a lot of revenue but people may spend money there instead of leaving and going to another establishment. Del Lana emphasized that when he had played soccer at facilities where alcohol was not served, people brought their own coolers with beer and soda. Tom Calaarv has witnessed teams who self-police and drink lightly, and children are not affected. Main Motion was made at 6:20 PM and discussion by Council Members continued... Cecil McConnell asked if there is any mention of selling alcohol in the contract with Olympic Sports & Soccer Center; and in his opinion, the proposal is a major change in use and should not be approved. Wvn Birkenthal replied that the contract is silent on this issue. Adam Brockus suggested moving the alcohol service into another space, separate from the main entry to the facility; and would have less concerns if drinking were re-Iocated in a restricted area away from families in the main dining area. Dennis Michael, OSSC owner, discussed plans for ongoing renovations; and explained that there are exits on the lower level away for the current eating area so people could exit away for those eating and drinking. Nick Wofford asked if the owner will be taking precautions to monitor players for alcohol consumption; and added that during other sports events, there is no separation of drinkers from non-drinkers. Dennis Michael responded that individuals will be held responsible and accountable according the State Liquor Control Board rules; and staff would receive training to serve appropriately. Brad Gehrina expressed concerns about the City's liability. Mr. Birkenthal answered that there is a hold harmless agreement between OSSC and the City, so the City is not held I!able for any actions by people at the facility. Mr. Gehrina then asked if serving alcohol would make a positive impact on the business. Mr. Michael did not expect to make up losses in businesl? through the alcohol and serving alcohol is something that his customers have asked for and will encourage City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 4 of 8 people to stay and order food while socializing. Mr. Gehrina also asked if sales would be available to anyone in the complex. Mr. Michael stated that beer and wine would be sold after adult soccer games and people who are at the center at that time could purchase alcohol. M!:. Gehrina hoped that the City would be consistent in the setting of its policy regarding this issue. Rov Runvon stated that this issue has been through lengthy public meetings, a legal opinion has been provided clarifying that this is not a change in use, and that the owner is willing to obtain an insurance rider to indemnify the City, and the business practices will have to be reviewed by the State Liquor Control Board; hoped that there could be some division between drinking adults and children; and believed that beer or wine is an amenity but not a major draw to the facility and supported the sale and offering people an opportunity to demonstrate responsible drinking. Mike Shepherd agreed that there seems to be a conflict with serving alcohol at a public facility but believed that this arrangement should be reviewed so the business can continue its success. Carol Arends emphasized that the original plan was to have a facility with programs and events for youth; did not support serving alcohol and stated that it is not a necessity; and was concerned about liability to the City. Dianne Robinson did not support having alcohol around children and hoped for a better plan in addressing the liability. Will Maupin commented that the primary activity is soccer and socializing or drinking after the game was quite common; added that from previous experience the group would gather in a separate room; and believed that the City could support local businesses and address liability at the same time. Mr. Brockus encouraged players to support local businesses near Pendergast Park who serve alcohol. Mr. Maupin thanked members of the public for submitting letters and providing their comments tonight regarding this issue. 06:58:55 M/S/C (RunyonlWofford) Move to pass Ordinance No. 5060 amending BMC Section 13.04.140 relating to the sale of beer and wine at Olympic Soccer & Sports Center. Voted in favor of the Motion: Runyon, Shepherd, Wofford, Gehring, Maupin Voted opposed to the Motion: Brockus, Robinson, Arends, McConnell Motion carried: 5-Yes; 4-No Council Members recessed from 7:00 to 7:07 PM... PUBLIC HEARINGS 7A - ORDINANCE NO. 5061 VACATING A PORTION OF CARR BOULEVARD AND RESERVING CERTAIN EASEMENTS (#AB08-223): Michael Mecham, City Engineer, pointed out that the applicant for this right-of-way vacation is also the developer of the Lakeland Lodge Complex, an assisted senior housing complex. The project occupies portions of the existing right- of-way of Carr Boulevard. The applicant petitioned the City to vacate the right-of-way within the project and relocate the street southerly of its current position. The connection to Lyle Avenue from Carr Boulevard is currently within 150 feet of the intersection of Kitsap Way and Lyle Avenue. The relocated street will provide better sight distance for the two intersections, better overall operating characteristics and superior function to the existing Carr Boulevard. This is a Class II right-of way and as the area for the new roadway and the portion to be vacated is roughly equal, compensation will be paid in form of the new roadway dedication. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 5 of 8 Mr. Mecham made a presentation which included the following information... that law enforcement and emergency services as well as the School District believed that there would adequate access. Also, the grades range from 2 to 12 % but there is the possibility to decrease grades in some places along Carr Boulevard. An improvement will be made at the intersection between Carr Boulevard and Lyle Avenue which would allow some area for deceleration during snow or icy conditions. Notice was provided to abutting property owners and posted onsite and at city hall. Jerry Vandeariffe expressed concerns about the steep hills and believed for a short road this would pose a problem during winter conditions; this proposed project would impact his egress from his neighborhood; and emphasized that many seniors and children live in the neighborhood and believed that alternative routes for emergency vehicles would be removed by supporting this Del Lana also expressed concerns about the steep grade of the road and during winter weather, one vehicle travels at a time; commented on the lacK of notice for this meeting; and hoped that the grade could be reduced to improve access. Cathy Tong stated that the area has a lower volume of traffic but that emergency access needs to be assured to the residents; and was concerned about the delay in notifying the public and the steepness of the road. La Von Willey did not agree with the proposal and this would eliminate the direct and safe route into Bremerton; and expressed concerns about the grade of the road especially during winter. Walt Schreiber expressed concerns about emergency access. Lola Armstrona also expressed concerns about safety during winter; in its current configuration Carr Boulevard allows traffic to move smoothly and safely; any changes would not improve safety and access; and suggested the installation of a traffic signal at the intersection with Kitsap Way. Dick Mayo reiterated that the revision will isolate approximately 50 residents during snow conditions and will ultimately lead to abandoned vehicles and blocked access to emergency care. Crystal Rice believed that the change will make it harder to go uphill and stop traveling downhill. Amanda Thom believed that grade should be equal or less than the current grade on Carr Boulevard; does like the part of the proposal that reconfigures the road from a "y" to a "t". Kiar Willev was also concerned about emergency access. Crystal Rice asked for the purpose of the short sidewalk. Mr. Mecham answered that the intent of the sidewalk is to begin efforts of being more pedestrian friendly. Mr. Williams added that there is not enough funding to install complete sidewalks and that the sidewalk is being installed by the project developer to meet our codes. Eventually, the remaining portion of the sidewalk will be installed. Mr. Mecham responded that "t" intersections are preferred to "y" intersections; that the actual grade is 1 0% but with further design work the grade may be closer to 8%. The applicant will be constructing the portion of the side Main motion was made at 7:42 PM and discussion by Council Members continued... Mr. Wofford clarified that the grade is not changing along the route; and supported the proposed vacation. Mr. Runyon asked if sanding would be considered during winter and if the grade will be reduced. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 6 of 8 Mr. Mecham answered that main streets followed by roads with steep grades like Carr Boulevard. Also, he hopes to get the developer to reduce the grade to 8%. Mr. McConnell expressed concerns that the developer may ultimately cause problems for neighbors. Mr. Gehrina was disturbed that information is being provided to residents by an anonymous author and much of the information is inaccurate. Mr. Shepherd expressed confidence in the review from Public Works and Fire Departments; and would have liked that people could contact the city to discuss concerns and to review the facts; hoped that the safety of the corner be considered in the project; and believed that improvements will eventually be made along Lyle Avenue. Mr. Mecham added that there are no plans to install a light at Kitsap and Lyle since there is no additional traffic expected. Mr. Brockus believed that there can be difficulty going up Lyle but that the proposal does ultimately improve the road. Mr. Maupin emphasized that this project would promote development in an urban growth area which would benefit residents. Ms. Arends clarified that discussion about the project has been going on for some time and was concerned that the road reconfigurations were not discussed earlier in the process; and believed that there are some unanswered questions that need to be addressed. Mr. McConnell added that while misinformation was provided to the residents, their testimony was based on first hand experience. Ms. Robinson asked if residents were notified, and if not, why. Mr. Mecham answered that abutting property owners to the project were notified regarding the public hearing. Ms. Spencer pointed out if the right-of-way were approved, then Community Development would issue a notice for the public hearing before the Hearing Examiner set for November 3 to residents. Mr. Gehrina asked if the public will have an opportunity to attend the hearing. Ms. SDencer stated that if this goes forward, residents living within 300-feet of the project site will be notified. 08:02:36 M/S/C (Wofford/Shepherd) Move to pass Ordinance No. 5061 for vacating a portion of Carr Boulevard and reserving certain easements. Voted in favor of the Motion: Runyon, Shepherd, Robinson, Wofford, Gehring, Brockus, Maupin Voted opposed to the Motion: Arends, McConnell Motion carried: 7-Yes; 2-No 7B - ORDINANCE NO. 5062 ADOPTING THE 2008 COMPREHENSIVE PLAN AMENDMENT DOCKET (#AB08-224): Andrea Spencer, Community Development Director, stated that the action before the Council is to conduct a public hearing and the consideration of the 2008 Comprehensive Plan Amendment Docket. The amendment docket contains both comprehensive plan text and map changes, and is summarized as follows: 1) Cartographic updates to the Official Land Use Map 2) Land use map change for Fire Station NO.2 on Oyster Bay Avenue 3) Land use designation for the South Kitsap Industrial Area (SKIA) Urban Growth Area (UGA) 4) Establishing land use equivalencies for Bremerton-associated UGA's and 5) Establishing land use designatio~ns for City-owned parcels outside of City limits. City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 7 of 8 Richard Nerf asked for clarification on the location of the fire station. Ms. Spencer answered Arsenal Way. Main Motion was made at 8: 16 PM. Mr. Brockus asked if there would be any changes needed for the proposed Fire Station location at Oyster Bay Avenue. Ms. Spencer answered no changes are needed. Mr. McConnell disagreed with the parcel line including the golf course. 08:17:38 M/S/C/U (Robinson/Runyon) Move to pass Ordinance No. 5062 adopting amendments to the Comprehensive Plan Text and Official Land Use Map. 7C - ORDINANCE NO. 5063 AMENDING BREMERTON MUNICIPAL CODE (BMC) SECTION 20.40 "DEFINITIONS" AND 20.58.060 "RESIDENTIAL CLUSTER DEVELOPMENT" (#AB08- 225): Nicole Ward, Community Development, summarized that the action before Council is to conduct a public hearing and adopt amendments to BMC Section 20.40 "Definitions" and 20.58.060 relating to "Residential Cluster Developments". The proposed amendments are to 1) establish clearer development standard; 2) eliminate duplicate sections of the code; and to 3) reformat and reorganize the chapter for reader ease. The Planning Commission has provided its support for these proposed changes. There were no comments from the public. Main Motion was made at 8:30 PM and discussion by Council Members continued... Mr. Shepherd thanked Ms. Ward for the work she has done on this issue; and offered his support in moving housing in the right direction. Ms. Robinson also thanked Ms. Ward for her research work in preparation of this item, especially during the Planning Committee review. Mr. Runvon asked if any developers have commented on this proposal. Ms. Ward responded that she has received phone calls in support of clusters and that clusters allows for creativity in where to place parking. Ms. Spencer added that this will actually improve availability of project sites. Mr. Gehrina agreed that this is a great plan and asked if this code change would modify the definition of open space throughout the code. Ms. Ward answered that there will be limitations what can be done in open space. Mr. Gehrina pointed out various "gray" language issues regarding setbacks and lot lines. Ms. Ward provided background information in response. Mr. Wofford asked if the pervious surface will be included. Ms. Ward responded that the pervious surface is like grass and will not be included as part of the 50% coverage. Mr. Maupin also thanked Ms. Ward and Ms. Spencer as well as planning staff, and members of the Planning Commission. 08:42:35 M/S/C (Shepherd/Brockus) Move to pass Ordinance No. 5063 to amend BMC Section .20.40 "Definitions" and 20.58.060 "Residential Cluster Development". Voted in favor of the Motion: Robinson, Arends, Wofford, McConnell, Brockus, Runyon, Shepherd, Maupin Voted opposed to the Motion: Gehring Motion carried: 8-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, October 15, 2008 Page 8 of 8 COUNCIL MEMBER REPORTS Nick Wofford reminded citizens of the importance of voting in the election. Carol Arends reported on her attendance at the Kitsap Regional Coordinating Council and Health Board meetings yesterday. Dianne Robinson announced that there will be a free health screening for women ages 40 to 64 for those who are uninsured or have limited insurance on October 31 from 9:00 AM to 3:45 PM in Port Orchard. This program is offered through Kitsap County Health and is sponsored by the Susan B. Komen Foundation. Please call (360) 874-5580 or (360) 874-5581 for more information. Mike Shepherd reported on the joint District 4-5-6 Meeting held last night with Roy and Dianne; and noted there were some great and interesting ideas offered by citizens regarding the budget. Roy Runyon also provided comments on the joint District Meeting held last night. Adam Brockus announced that the next District 3 Meeting will be held on Tuesday, October 28; The Manette Bridge is open this week; and reminded people to vote. Brad Gehrina was pleased with the "Dare Not To Swear" students' performance and emphasized that how you present yourself is very important. With no further business, President Maupin adjourned the Council Meeting at 8:48 PM. Prepared and Submitted by: L~ ,q,~~ CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg :\GE~DA BILL CITY OF BREiVlERTON CIT,,' COUNCIL HILL it ____DB_=_;L~B_ 5C D:\I E Sl 'BMITTED: ........................................................................................ SLB.JECT: City COllncil :Yketing :Yfinutes for mceting or QfDber 2.2.., 2008 ;\iiA No\l~r-- 5, 2.00 8 City Coullcil Will Maupin, Coullcil President Phone: (360) 473-5280 Attached is a summary of the City Council Meeting held Oc+ober l.2.J 2..009 Committee i'vfeeting Date: ('Ol :NCII. MEETIN(i Date: Department: Prcsenter: SUMMARY: ATTACHMENTS: Meeting Minutes for 0<.:.-\-0 be.r- 22; 2008 FISCAL IMPACTS (Include Budgeted Amonnt): NI A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President NIA NIA NIA COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA W GENERAL BUSINESS D PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approvc lhe Conscnt Agenda as presented. COt [Nell, ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 22, 2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Wednesday, October 22, 2008, at 5:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Maupin announced that the Study Session was for the Council to hear presentations on upcoming agenda items. It was further announced that this Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION ITEMS 1. Approval of Addendum to Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners - Chief Craig Rogers, Police Department; and Brad Gehring, Public Safety & Parks Committee Chair Consent 2. Professional Services Agreement with the Bremerton School District for a full-time School Resource Officer - Captain Tom Wolfe, Police Department; and Brad Gehring, Public Safety & Parks Committee Chair Consent 3. Agreement with KITSAP BANK for Makayla Avenue Improvements - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent 4. Amendment NO.2 to Professional Services Agreement with CH2M HILL for Waste Water Treatment Plant Upgrade - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent 5. Renewal of Department of Natural Resources (DNR) Aquatic Leases - Michael Mecham, City Engineer & Gunnar Fridriksson, Engineering; and Cecil McConnell, Public Works Committee Chair Consent 6. Proposed Ordinance amending BMC Section 7.08.010 relating to Animal licensing - Carol Etgen, City Clerk; Mike Shepherd, Parking & Animal Control Committee Chair Consent 7. Proposed Resolution approving Eastpark Phase I Final Plat Approval - Nicole Ward, Community Development; and Dianne Robinson, Planning Committee Chair Consent B. FULL DISCUSSION ITEMS 8. Purchase of one Toyota Yaris as a pool vehicle at the Public Works & Utilities Oyster Bay Facility - Phil Williams, Public Works & Utilities Director; and Cecil McConnell, Public Works Committee Chair Consent 9. Approval of the Manette Bridge Right-of-Way Acquisition Agreement & City acceptance of property and Department of Natural Resources (DNR) Lease - Michael Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent 10. Proposed Resolution approving the 2009 Community Development Block Grant (CDBG) Funding Recommendations - Phedra Elliott & Marie Vila, Community Development; and Dianne Robinson, Planning Committee Chair Public Hearing 11. Presentation of the proposed "2009 Budget Overview" - Mayor Bozeman; and Laura Lyon, Finance Director (Approx. 45-minutes) Information only DIGITAL RECORDING C. GENERAL COUNCIL BUSINESS - No additional subjects were discussed. President Maupin announced that action on these items will occur at the next business meeting scheduled for November 5, 2008; and that next week's meeting on October 29, 2008 will be a Study Session to discuss proposed budget related ordinances. With no further business, President Maupin adjourned the Study Session at 7:45 PM. Prepared and Submitted by: ~) LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg f);\TE SUBMITTED: BILL if ___J28.'::~_?_L_ AGENDA BILL CITY OF BREMERTON 5-~_ _ crn' COUNCIL " ........................................................................................ SUB.JECT: City Council Meeting Minutes for meeting of Octo b&- 2q t 2008 Committee Meeting Date: N/A COUNCIL \-IEETING Dati:: t..lo Ve/lY\. ~.s; 2.008 Department: City Council Presenter: \VilI Maupin, Counci I President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Oc..::\-obe,y 2..~ I 2-008 A TT ACHMENTS: Meeting Minutes for Oc.."\-o ~ 2..- ~) 20" B FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNClL PRESlOENT: N/~ I') I<"'J /{!J-d?~~V~~ CONSENT AGENDA~' GENERAL BUSINESS 0 PUBLlC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o ('ont1l1uc 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 29,2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6111 Street, Bremerton, Washington, Wednesday, October 29, 2008, at 4:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Maupin announced that the 2009 Budget Session was for the Council to hear presentations on the proposed budget; as well as several related agenda items. It was further announced that this Budget Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. Laura Lvon, Financial Services Director, presented information regarding the proposed 2009 Budget for the City of Bremerton, with a focus on "Revenue Sources". Presentations were also made on the following agenda items: 1) Proposed Ordinance setting Property Tax Levies for 2009 2) Proposed Ordinance modifying PILOT on City Utilities 3) Proposed Ordinance setting Rates & Fees for 2009 A break in the meeting was held from 5:45 to 6:05... President Maupin announced that action on the three proposed ordinance items is anticipated at the Council Meeting scheduled for November 19, 2008. With no further business, President Maupin adjourned the Study Session at approximately 7:45 PM. Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg DATE SUBMITTED: September 24, 2008 BILL # 08 - ~30 AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5E ........................................................................................ SUBJECT: Kitsap County/City of Bremerton Addendum to the Contract for Incarceration of City Prisoners Committee Meeting Date: October 22, 2008 COUNCIL MEETING Date: November 5, 2008 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners outlines incarceration/detention, presentation of confinement, duration, operation standards, remittal of bail monies, transportation, medical and dental care, general provisions, billing, limitation of assignments and hold harmless terms. The proposed addendum extends the duration of the contract for one year. The City will pay $80.00 per person confined for each 24-hour period of confinement or portion thereof greater than 12 hours. A TT ACHMENTS: Kitsap County/City of Bremerton Addendum to Contract for Incarceration of City Prisoners FISCAL IMPACTS (Include Budgeted Amount): For 2009 the City has placed $900,000.00 in the Police Department budget for the care and custody of prisoners. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA J2( GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Kitsap County/City of Bremerton Addendum to the Contract for Incarceration of City Prisoners with the Kitsap County Sheriff s Office and the Board of County Commissioners to support care and custody of prisoners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as contained in the proposed addendum. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action KC-426-06-A KITSAP COUNTY/CITY OF BREMERTON ADDENDUM TO CONTRACT FOR INCARCERATION OF CITY PRISONERS WHEREAS, KITSAP COUNTY, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as County) and the CITY OF BREMERTON (hereinafter referred to as City), have entered into a contract on the 12'h day of March, 2007, for the services provided under the contract; and WHEREAS, the County and City desire to enter into an addendum reflecting the intention of both parties; now, therefore, IN CONSIDERATION of the mutual covenants contained herein, it is hereby agreed as follows: Section 5 is amended as follows: 5. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housinq. In return for the County's housing of a prisoner of the Contract Agency, the Contract Agency shall pay the County eighty ($80) dollars in calendar year for every 24-hour period, or portion thereof greater than twelve (12) hours, that said prisoner is in the custody of the County commencing upon the adoption and signatures of the Contract Agency and the County. Such time period shall be measured from the time said prisoner is transferred to the custody of the County and housed to the time when the Contract Agency resumes custody or the prisoner is released under competent authority. For purposes of this section, the Contract Agency prisoners are defined as all pre-conviction and post conviction misdemeanants. (b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies and which as gross misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to conviction as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of housing. (c) Base Rate for Bookinq and Release. In return for the County providing a service to book and release a prisoner of the Contact Agency in order to have the arrest documented on the criminal history of the prisoner, the Contact Agency shall pay the County fifty ($50) dollars in calendar, year 2009. As long as the prisoner is not in the facility over 12 hours, this rate will be used. (d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (e) Billinq. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. Page 1 of3 Section 17 is amended as follows: 17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a)The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) failure or refusal to timely release a Contract Agency prisoner as a result of the Contract Agency's actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance Requirement. The County and the Contract ,l\gency shall maintain and provide evidence of liability coverage if requested by either party. Page 2 of3 Section 23 is amended as follows: 23. DURATION The term of this Agreement shall be effective for one (1) year commencing on January 1, 2009 and ending on December 31, 2009, unless another date is substituted pursuant to Section 24 or the agreement is terminated earlier pursuant to Section 21. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. All other terms and conditions of the original Contract and any previous amendments thereto remain in full force and effect. DATED this _ day of ,2008. DATED this _ day of ,2008. CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE Cary Bozeman Mayor Ned Newlin Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON STEPHEN A. BAUER, Chair JOSH BROWN, Commissioner JAN ANGEL, Commissioner ATTEST: Opal Robertson, Clerk of the Board Dated: Page 3 of3 KC-426-06 KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation. having its principal offices at 614 Division Street, Bremerton, Washington, 98366 (the County) and the City of Bremerton, having its principal offices at 345 6th Street Bremerton, WA 98337. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perform; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriff's Office, Corrections Division, 614 Division Street Bremerton, Washington 98366. 2. DETENTION/INCARCERA TION The County shall incarcerate persons received from Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contl'act Agency to release such person held under probable cause without judicial process; or Page 1 of9 (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriff's Office Ned Newlin Chief of Corrections 614 Division Street, MS-33 Bremerton, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Bremerton Chief Craig Rogers 345 6th Street Bremerton, WA 98337 Phone: 360-473-5950 Fax: 360-473-5940 4. AVAilABILITY OF JAil FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 8 and 9 herein, the County will accept and keep prisoners at the request of the Contact Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County's jail might be reached or exceeded if the County does not begin to refuse or request removal of prisoners. 5. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housinq. In return for the County's housing of a prisoner of the Contract Agency, the Contract Agency shall pay the County sixty-five ($65) dollars in calendar year 2007 and sixty-seven dollars and fifty-three cents ($67.53) in calendar year 2008 for every 24-hour period, or portion thereof greater than twelve (12) hours, that said prisoner is in the custody of the County commencing upon the adoption and signatures of the Contract Agency and the County. Such time period shall be measured from the time said prisoner is transferred to the custody of the County and housed to the time when the Contract Agency . resumes custody or the prisoner is released under competent authority. For each year thereafter, the County shall provide to Contract Agency a base rate for the succeeding year by September 30 of each year. For purposes of this section, the Contract Agency prisoners are defined as all pre-conviction and post conviction misdemeanants. (b) Determination of Case Status. The Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies and which as gross misdemeanors/misdemeanors. The Contract Agency shall not be responsible for the base rate for housing Page 2 of9 on any cases charged as a felony by the Prosecutor Nothing in Ulis contract prevents the County from seeking reimbursement fOI. felony medical costs prior to conviction as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency fO!" filing in the appropriate court of limited jurisdiction Any case originally charged by the Prosecutor as a felony and later plea-bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not r-equire cornpensation by the Contract Agency for the base rate of housing, (c) Base Rate for Bookinq and Release, In return for the County providing a service to book and release a prisoner of the Contact Agency in order to have the arrest documented on the criminal history of the prisoner, the Contact Agency shall pay the County fifty (S50) dollars in calendar years 2007 and 2008, As long as the prisoner is not in the facility over 12 hours, this rate will be used. For each year thereafter, the County shall provide to Contract Agency a base rate for this service the succeeding year by September 30 of each year. (d) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 6. (e) Billinq. The County will bill the Contracting Agency on the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. 6. MEDICAL COSTS AND TREATMENT: a) Services Provided. Upon transfer of custody of a prisoner to the County, the County will provide or arrange for such medical, psychiatric and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the provisions of Chapter 289-20 WAC, as now in effect or hereinafter amended, and the policies and rules of the County jail. (b) Cost Responsibilitv. The Contract Agency shall be responsible for the cost of all medication prescribed for its prisoners as provided herein. For purposes of medical costs and treatment, the Contract Agency prisoners are defined as all pre-conviction and post conviction misdemeanants and all pre-conviction felons.Jhe Contract Agency shall also be responsible for all costs associated with the delivery of medical, psychiatric and dental services provided to a prisoner that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the provider or as a reimbursement to the County, as directed by the County. Upon a felony conviction of a pre- conviction felony prisoner of the Contract Agency, medical costs and treatment become that of the County, until transferred to the Department of Corrections, when applicable. (c) Notice. Except in case of situations deemed an emergency by the County, the County shall notify the Contract Agency's contact person in writing, by mail or facsimile, prior to transfer of a Contract Agency's prisoner to a medical, dental or psychiatric provider outside of the County jailor to a hospital for medical, psychiatric or dental services. (d) Pre-Confinement Consents or Refusals. If a Contract Agency prisoner has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retakiAg custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the prisoner. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to a prisoner as required by law. Page 3 uf9 (g) r~o Waiver of Riqht to Seek ReimburselTlent. The above paragraphs relating to medical costs are Intended solely to define the obligations between the parties to this agreement Nothing contained within the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the prisoner, or any other responsible third- party. 7. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Agency shall provide or arrange for transportation of its prisoners to and from the Kitsap County Jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. (b) Transport with Costs. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for transportation performed by County at the Standard Mileage Rates as set by the Internal Revenue Service and $40.00 per hour for the cost of personnel. (c) Contract Aqency Transport. The Contract Agency shall provide at least 24 hours written notice to the County prior to transporting a prisoner from the County Jail. Except as limited by Section 7(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 8. TRANSFER OF CUSTODY: (a) Commencement of Custody by County. Custody of a Contract Agency's prisoner to the County shall be deemed transferred when officers from the Kitsap County Sheriff's Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable. the Contract Agency shall advise the staff of the Kitsap County Jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to insure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 17 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. (b) Further Transfer of Custody. Except as otherwise allowed by Section 10 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction (c) Responsibilities Upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. During such confinement. the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 6 of this Agreement. Page 4 of9 (d) Resumption of Custody bv Contractinq Aqencv The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such pl'isoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner 9. RIGHT TO REFUSE/RETURN PRISONER: (a) Pendinq Medical Needs. The County shall have the right to refuse to accept any Contract Agency prisoner who appears in need of medical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County. 10. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's prisoners may be removed from the County jail for the following reason(s) (a) Request bv Contract Aqencv Upon written request of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's prisoner. [n such case, transport will be according to the terms expressed in the court order, or by the Contract Agency or the County pursuant to Section 7 above (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the prisoner(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time. of the whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). 11. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination bv County. In the event of a notice of termination from the County in accordance with Section 21 below, it shall be the County's obligation to transport the Contract Agency's prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination bv Contract Aqency. In the event of a notice of termination from the Contract Agency in accordance with Section 21 below, it shall be the Contract Agency's obligation to transport the Contract Agency's prisoners at its own expense, on or before the effective date of such termination. 12. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Earlv Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. The Contract Agency's prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to the Contract Agency's prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted, The disciplinary policies and rules of the County jail will apply equally to prisoners confined plJrsuant to this Agreement as applied to other prisoners confined to the Jail. (b) Prisoner Accounts. The County shall establish and maintain an account for each prisoner received from the Contract Agency and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. (c) Proqrams. The County shall provide the Contract Agency's prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. Page 5 of9 (d) Serve Time Outside of Facility The Contract Agency's pnsoners if deemed eligible, will be allowed to leave the jail for participation in correctional work uews, or any other program in which other- prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence, 13. ACCESS TO FACILITY AND PRISONERS: (a) Access to FaCility, Contract Agency shall have the right to inspect. at mutually agreeable times, tile County Jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The County agrees to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws. (b) Access to Prisoners, Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail Contract Agency officers shall be afforded equal priority for use of jail interview rooms, 14. ESCAPES AND DEATHS: (a) Escapes, In the event of an escape by a Contract Agency's prisoner from the County jail, the Contract Agency will be notified in writing as soon as practical The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County, The County will not be required to pursue and return the Contract Agency's escaped prisoner from outside of the County, (b) Deaths. (1) In the event of a death of a Contract Agency prisoner in the County jail, the Contract Agency shall be promptly notified in writing. Kitsap County Sheriff's Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall. subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. All expenses related to necessary preparation of the body and transport charges shall be the responsibility of the Contract Agency. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 15. POSTING OF BAil: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. Page 6 of9 16. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of eactl of the Contract Agency's prisoners consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. 17. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a)The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) any actions, claims or lawsuits for damages alleging wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) any actions, claims or lawsuits for damages alleging the Contract Agency's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of or any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. Page 7 0[9 18. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate In the performance of this Agreement because of race, color national origin, sex, age, religion, creed, marital status, disabled 01' Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 19. ADMINISTRATIONIDISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 3934.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 20. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full performance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. 21. TERM!NA TION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective ninety (90) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected prisoners, if any. 22. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 23. DURATION: This initial term of this Agreement shall be effective upon signatures of all parties and shall terminate two years from the date of execution unless another date is substituted pursuant to Section 24 or the agreement is terminated earlier pursuant to Section 21. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 24. MODIFICATION: This agreement may only be modified by \vritten instrument signed by both Parties. 25. GOVERNING LAWNENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner's confinement under this Agreement This Agreement shall be construed and interpreted in accordance with the laws of the State of \Nashington and in the event of dispute, the venue for any action brought hereunder shall be in Kitsap County Superior Court. Page 8 uf9 26. MISCELLANEOUS: In providing these services to the Contract Agency. the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right. which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation DATED this~ay ofJd....{/d>~ ,,2007. CITY~TON ________ Cary Bozeman Mayor DATED this~day of f"i6rua-j ,2007. KITSAP COUNTY SHERIFF'S OFFICE ~ \. ) BOARD OF COUNTY COMMISSIONERS ? I ( 1. / 0 7 KITSAP COUNTY, WASHING~TON " /7 /-:' I '7 //, /' ,/ P ?,> .;'.... .' '~~.~ ..:.:-;. //"1_:r~,/~ '---'" '-. ~HRIS ENDRESEN, Chair /1 /1-/; i?~ JOj;H BROWN, Commissioner r-C:::'~:_~---\'. .:.";~ ATTEST: L~)~'; C 0 ~1~~:~". ~-T' I, .,..... 'VI/ ,1." /f<) .<.'~ p,. T f:.:..... ~'i~}, t:./I'~ .' ...", 0" 111 'if-. )~,. -' _ U. III ~' , h~~:~'k' ~ .....0 f rJv ~: ~ :~. Opa Robertson, \; ;:~'~"':Z_ ,.: .:::0 Clerk of the Board \)) 7, ;.:.:7n ~ :' ~ '(/,/\:';?/fIN'r.;<'\'"O>'\ *" '-~;'\0.,. '.~ r 'Y \,.- -\ ':'(<i: rt;) (.;" ~ IJ' . . ....\ '\ '--\.\ ~,-",- ....... \...J ~~ ....~~:s:."'S~ Page 9 of9 DA TE SUBMITTED: September 24, 2008 BILL # 0 if - ~3 ( AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5' ........................................................................................ \ SUBJECT: School Resource Officer Professional Service Agreement with the Bremerton School District Committee Meeting Date: October 22,2008 COUNCIL MEETING Date: November 5, 2008 Department: Police Presenter: Captain Wolfe Phone: 473-5481 SUMMARY: The City of Bremerton Police Department is providing a full-time School Resource Officer to assist faculty, staff, students and families at Bremerton High School, Junior High School and Mountain View Middle School. The Bremerton School District is funding $39,355.69 from September 1,2008 to August 31,2009 towards the cost of the SRO. ATTACHMENTS: Professional Service Agreement APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL IMPACTS (Include Budgeted Amount): $39,355.69 in revenue will be paid to the general fund and a full-time dedicated police officer serves as the SRO. ../ /C / ft ,:ftltt1 '-, COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINl?SS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Professional Service Agreement with the Bremerton School District for funding a full-time School Resource Officer and authorize the Mayor to execute in substantially the same form the proposed agreement. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action PROFESSIONAL SERVICES AGREEMENT September 1, 2008 through August 31, 2009 The City of Bremerton ("City") and the Bremerton School District 100-C ("DistricC), referred to collectively as the "Parties," enter into the following Agreement for security services: I. Scope: City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students, and families at Bremerton High School, Bremerton Junior High School and Mountain View Middle School. Assistance at other Bremerton Schools will depend upon the availability of the SRO. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees. City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow the procedures laid out by building principals. District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis. II. Term: This Agreement shall be effective September 1,2008 through August 31, 2009. School calendar dates attached as Exhibit "A". III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay City of Bremerton Treasurer Thirty Nine Thousand Three Hundred Fifty Five Dollars and Sixty Nine Cents ($39,355.69). The City Treasurer will invoice District monthly in the amount of Three Thousand Two Hundred Seventy Nine Dollars and Sixty Four Cents ($3,279.64) from September I, 2008 through July 31, 2009 and Three Thousand Two Hundred Seventy Nine Dollars and Sixty Five Cents ($3,279.65) for August 2009. This Agreement shall not exceed Thirty Nine Thousand Three Hundred Fifty Five Dollars and Sixty Nine Cents ($39,355.69) per year. IV. Relationship of Parties: SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. VI. Nondiscrimination: City shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability. School Resource Officer Page I of 4 VII. Termination: This Agreement may be tem1inated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days follo\ving the other party's receipt of a \\Titten intent to terminate. Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the agreelpent by the other party. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the agreement; however, the School District shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them. In any action which the School District defends the City, the School District shall have the right to select counsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officers, agents and employees, or any of them, the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment. In executing this agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney's fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them. In any action which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, School Resource Officer Page 2 of 4 directors, agents and employees or any of them, the School District shall pay that p0l1ion of the judgment. IX. Venue Stipulation: This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in Kitsap County, Washington. CITY OF BREMERTON BREMERTON SCHOOL DISTRICT lOO-C Cary Bozeman, Mayor Date Dr. Elizabeth Hyde, Interim Superintendent Date Craig Rogers, Police Chief Date Board Member Date APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Date R:\Legal\Legal\Contracts\Police\Brem School Dist 2008-2009.doc School Resource Officer Page 3 of 4 MOll AI'9ust Tue Wed !hu 4 11 16 25 =cr-~--+--7--+-~j 12 ~~L~~l-" 19 20 I 21 i 22 ---J: ","_ 26 :~!7mil~ -' I -, I , r ~p Septembv (20) 1"- - Tue Wed !hu Fri i .,,_ 4 5 lit. I 11 12 16 19 25 26 October Mon Tue Wed 1 6 15 22 29 Mon 6 13 24 Dec~bv 14 Mon Tue Wed !hu ~~~~)ii: 3 4 10 11 Fri I ~IVAY 14 I JU~ I Fri All W...... vrDl be 100-1"'100' SCHOO8. CAUNDAR 1 AI: 6J1lia ~.w-. Febru8i'V Alq ::'7 AL.';j :.B l'lU>i-';h..iJf;111 [;av (,"pp~lne\toll I'-Ion- ::.Iud'~:l! Day 1~"'I'r,i!-lr(1,IJ) Fri {~;::lJ 1 S~p 2 ~.ep :~ NO'; C\-I 13 Cd lJ .j1 NlN II Nc... 27 -:.; Cite 1 C"C "!2 . ~Ian 2 Jail I ,JC1fl 10 JCl!1 '() r:d) 10 I\~dr C,. Mar 10 .:2Q tAd[ 25 -27 Mar '() -Apn!3 .!I.,pnI13 -Ma, I ,\plll13 -Ii Ac~I-'O <24 t,1ay5 Jlllle 16 ,j~f'e i7 l.8b':J[ [lay LE'arn,ng IIT"X 0v?rr~nt ['C1Y Flm Diy of Sohool L€alT1lr.(1lr1THJ\i~m?nl Day Pdrf:"qll"Jl1f.,rl'm~eS '"..~ bl~lIW) ",'.-.derar.S Oav T han~,s91\flilg cll"t:'cll\ Ne,n -SILldent Day (</JI)IIIt"'''''II''J WlnlE'r nr'~'clk Nt;.,., Y>:,ar:, Dav Mdlti) Luth~r KII14 ,Jr Day ,''-l01l -SluJe'li C'.ody (,:wplo:tlr",.\t.) PrF-Sl:-l>:mts'Day Nrln -Student Day (<<w.pl!mfI'ItlIj Wt~ek 1, 10th (j'ad€: V~'ASL F\ll'€nl ('Jnt;:trerr":ti5 i_balcw) Spnng Sreal< Grodes 3 -8 WASL Wf'e~, 2 IOIh I)-ade- W~.sL W~e~, 3, 10ti1 C?J'8d~ ~'/lSL f'o.~f~rnora: Day Last o.y of School SllOW ~\J~e - L\"J Day March (17) Mon Tue Wed !hu 2 13 4 9 12 16 Fri ~13!-~ DE,:;' J,dN fEu MAR APR Mon TI'AI Fri 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 t 27 28 29 30 May (<20) Men Tue Wtd TI'AI Fri 1 4 5 6 7 8 11 12 13 14 15 - 16 19 20 21 22 26 27 26 29 June (19) Mon Tue Wed TI'AI Fri Fri 5 12 '--------MRe~~~ffiENCes---------l : (E:~f;r:1l19 GCflf~ren>:>s Ir) t.E' d!:llo;fTiltn€,>J l'Y bllidt[)~1 I ~----------------------_____I END OF REPORTING PERlOOS Mon I 1-5- 611-- f--12- ... 13_~L14_ --~5 ri5-1 1_ 26 ... L~~M=i_-~~~-[i~-~~~g School Resource Officer Page 4 of4 Ef~;o<TI,:r.Iary < D'Jlff:'1t\(lf! 7: MiI':rl13: J Jlre1S SecCf'.cIiJ)' I (icl0t>",t-4 :: L'''~~mber 1 o d Mw,-h M~y ! )ul1,.16 i I i. 'UD ~rJ 1\.:-4 i~~ i ,.e;:.. ib H(i:'~dy'It~I' <)'h)(j LEGEND Lf'tYnL:l1::~ InT-H't'\i:'-tl)05:rt Cidl i:-',1r["11I C.xft'rfjr(J; nay (l1(n -C1Lf",r/ (YlY) I'll)n . ::iL"j~.nl UUf (~,q;,I"rn ';"flt~"i (,~(,,\I Ma~,{'- Up nil\{, I~. 1,;'U<,'irT,/ F'r<~ C,"", <i ~,;!l;'l( tm"/ F::;!1CdS':<: h, 5 r'-1Il "'~~i~,,~:~_~~~'~":' ,~" ~_~~::~ J EXHIBIT A I 1 2 3 4 5 I 8 9 10 11 12 f--g- ? snow 16 19 tf 23 24 25 26 29 30 July Mon Tut Wed TI'AI Fri I 1 2 3 I ie--;- al---g--I--'0! I--~L-~~-i-~l I 13 I 14 15 I 16 17 I i H i ~ n i n I M I ,~---~-- ---,-_L:..:......J I 27 I 28 I 29 ! 30 i 31 I 7,:~,08 DATE SUBMITTED: October] 5,2008 BILL # 08 - ~ 30\.. AGENDA BILL CITY OF BREMERTON CITY COUNCIL s~ ........................................................................................ SUBJECT: Agreement with Kitsap Bank on Makayla Avenue Improvements Committee Meeting Date: October 22,2008 COUNCIL MEETING Date: November 5, 2008 Department: Public Works and Utilities Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Kitsap Bank was a lender to Ron Burley Construction, Inc. (Burley) to construct infrastructure and single family residences in a development known as Makayla Heights located on Makayla Avenue in Bremerton. Burley defaulted on its loan to Kitsap Bank and Kitsap Bank is now the owner of certain properties in Makayla Heights. Burley had not completed some of the work items necessary to complete Makayla A venue and accompanying infrastructure. The City and Kitsap Bank desire to work in cooperation to complete the work items necessary to finish the improvements on Makayla Avenue. ATTACHMENTS: (1) Agreement Between the City of Bremerton and Kitsap Bank. (2) City Council Summary. (3) Aerial Photograph FISCAL IMP ACTS (Include Budgeted Amount): City will receive $30,000 from Kitsap Bank to support the construction of the agreed utility improvements. This payment will cover material costs and asphalt restoration expenses. Labor will be provided by the Stormwater and Water Utilities. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: :> COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Agreement between the City of Bremerton and Kitsap Bank for the completion of improvements on Makayla A venue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Council Summary Agreement Between The City of Bremel1:on and Kitsap Bank Ron Burley Construction Company purchased a block of lots adjacent to Makayla Avenue. At that time, Makayla Avenue was unimproved. Mr. Burley had an engineer design improvements and contracted to have the improvements built. Through the construction process there were several disagreements with Mr. Burley as to various construction and development issues. Because of these issues the City Engineer denied Mr. Burley's request to release a performance bond. The City was eventually ordered by the Kitsap County Superior Court to release the performance bond. Shortly thereafter City Council authorized staff to take appropriate legal action to have the storm drain on Roosevelt Avenue and the water main on Jones Road constructed by Ron Burley Construction Company. Kitsap Bank eventually foreclosed the Makayla properties and Public Works and Utilities staff has been working with Kitsap Bank to identify the critical issues and come to an agreement for resolution of outstanding issues. The attached agreement is the result of the negotiations with Kitsap Bank. The important points are as follows: A. The guard rail at the northerly portion of Makayla A venue has been installed. The City requested money from the bonding company. These funds have been received and the guard rail has been constructed. B. The City will vacate the old sewer easement that traverses lots 1,3,4,5, of the recorded subdivision. This sewer realigned to facilitate building on these lots. C. The City will construct a storm drainage system along the nOltherly side of Roosevelt Avenue to direct the storm water through a new pipe and away from the rear of lots 9-15 inclusive. D. The City will make all necessary repairs and replacements to the 8-inch diameter cast iron water main that runs under Makayla A venue. E. Kitsap Bank shall pay the City's Public Works Department $30,000 for a portion of the costs to complete the work identified in subsections B-D. F. As part of the development of Makayla Heights, Burley was required to install a street light at the intersection of Roosevelt A venue and Makayla Avenue. In lieu of this requirement, Kitsap Bank shall record a deed restriction against the southerly parcel that was intended for multiple family residences (assessor's tax lot number 282401-1-059-2003). The deed restriction shall state that as one of the yonditions of development of this lot the street light will be installed. G. Kitsap Bank shall pay the latecomers fee of$8,000.00 for sewer on the southerly portion off the development. This fee shall be due and payable to the City as lots 1-6 are developed by way ofa $1,333.00 per lot fee to be paid with the sewer permit fees for each lot. This is a sewer built by Olympic Property group to serve the West Hills Development. This shall be in addition to any other fees. H. Kitsap Bank will deed the southerly 25 feet of lot 9 to the City Water Utility to be used as access to the water facilities in the tunnel. This will provide better access to the control facilities for Reservoir 4. Reservoir 4 is a 10 million gallon reservoir that serves a large pOltion of the City. AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP BANK THIS AGREEMENT is entered into between the City of Bremerton (hereinafter "the City") and Kitsap Bank. Whereas, Kitsap Bank was a lender to Ron Burley Construction, Inc. (hereinafter "Burley") to construct the infrastTucture and single family residences in a development known as Makayla Heights located on Makayla Avenue in Bremerton, Washington; and Whereas, Burley defaulted on its loan to Kitsap Bank and Kitsap Bank is now the owner of certain properties in Makayla Heights; and Whereas, Burley had not completed some of the work items necessary to complete Makayla A venue and accompanying infrastructure; and Whereas, the parties acknowledge that there are significant costs in completing these work items; and Whereas, the City and Kitsap Bank desire to work in cooperation to complete these work items; NOWTHERFORE, for good and valuable consideration, the parties hereby agree: 1. WORK ITEMS TO BE COMPLETED. A. The guard rail at the northerly portion of Makayla A venue, as indicated on the construction drawings, needs to be installed. The City has in its possession a performance bond for the installation of the guard rail, Bond No.579214S in the amount of$7,500. The City will call the bond for construction of the guard rail. B. The City will vacate the old sewer casement that traverses lots 1,3,4, and 5 of the recorded subdivision. C. The City will construct a storm drainage system along the northerly side of Roosevelt Avenue according to the City's design, practices and methods, which will include plugging the culvert under Roosevelt A venue to direct the storm water through a new pipe and away from the rear of lots 9-15 inclusive. D. The City will make all necessary repairs and replacements to the 8-inch diameter cast iron water main that runs under Makayla A venue. E. Kitsap Bank shall pay the City's Public Works Department $30,000 for a portion of the costs to complete the work identified in subsections B-D of this section within 60 days of written notification of completion of the work. F. As part of the development of Makayla Heights, Burley was required to install a street light at the intersection of Roosevelt Avenue and Makayla A venue. In lieu of this requirement, within 60 days of the execution ofthis agreement, Kitsap Bank shall record a deed restriction against the southerly parcel that was intended for multiple family residences (assessor's tax lot number 282401-1-059-2003). The deed restriction shall state that as one of the conditions of development of this lot the street light will be installed. G. Kitsap Bank shall pay the latecomers fee of$8,000.00 for sewer service on the southerly portion of the development. This fee shall be due and payable to the City as lots 1-6 are developed by way of a $1,333.00 per lot fee to be paid with the sewer permit fees for each lot. This shall be in addition to any other fees. H. Within 60 days of the execution of this agreement, Kitsap Bank will deed the southerly 25 feet of lot 9 to the City Water Utility to be used as access to the water facilities in the tunnel. 2. TERM. Except as set out in Section 1, the parties agree that each party will fulfill its obligations herein in a reasonable time according to convenience of the parties. 3. MISCELLANEOUS. A. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Kitsap Bank under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior COUlt, Kitsap County, Washington. B. Attorney's Fees. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. C. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Kitsap Bank. D. Severability. If anyone or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. '\ E. Entire Agreement. The written provisions and terms of this agreement supersede all prior verbal statements by any representative of the parties, and those 2 statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement contains the entire agreement between the parties. IN WITNESS WHEREOF, the parties below have executed this agreement. KITSAP BANK THE CITY OF BREMERTON Print Name: Title: Print Name: Title: DATE DATE R:\Legal\Legal\Contracts\PUBLlC WORKS\2008.08.14 Kilsap Bank Agrccmcnt.doc 3 DATE SUBMITTED: October 15,2008 BILL# 08-~33 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51-1 ........................................................................................ SllBJECT: Contract Modification No.2 to Professional Services Agreement with CH2M HILL for WWTP Upgrade. Committee Meeting Date: October 22, 2008 COUNCIL MEETING Date: November 5, 2008 Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City's Wastewater Treatment Plant Upgrade project is currently under construction and CH2M Hill is providing construction support services as outlined in the original Professional Services Agreement. The scope and budget for this work was estimated prior to project design and has proven insufficient for the level of work required. In addition the scope did not include electronic submittal processing and tracking, or the management of the project website which has streamlined the submittal process. This is the second contract modification under this PSA. The first modification increased the budget $86,230.91 for additional design and was approved administratively by the Mayor. This modification increases the budget by $51,610.14 for a total contract amount of $641 ,854.28. ATTACHMENTS: 1.) Council Summary; 2.) Contract Modification Agreement 2; 3) Exhibits A & B FISCAL IMPACTS (Include Budgeted Amount): The revised amount of the Professional Services Agreement is not to exceed $641,854.28. There is sufficient budget remaining for this project to cover this additional cost. COMMITTEE CHAIR COUNCIL PRESIDENT: APPROVALS: ~~'A~ DEPARTMENT DIRECTOR: /12 ' ~ CITY ATTORNEY: " .' ~~~~~E DIRECTOR: . > ~ l'J~ CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING D J RECOMMENDED MOTION: Move to approve the Professional Services Agreement Contract Modification Number 2 with CH2M Hill for the Wastewater Treatment Plant Upgrade and authorize the Mayor to finalize and execute the necessary contract documents for the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve 0 Deny D Table D Continue D No Action COUNCIL SUMMARY BREMERTON SEWER WWTP WET WEATHER FACILITIES UPGRADE Contract Modification Number 2 Summary The City's Wastewater Treatment Plant Upgrade project is currently under construction and CH2M Hill is providing construction support services as outlined in the original Professional Services Agreement. The scope and budget for this work was estimated prior to project design and has proven insufficient for the level of work required. The design scope and budget was previously increased with the execution of Contract Modification Number 1. The original construction support services scope was underestimated and did not include electronic submittal processing, or the management of the project website which has streamlined the submittal process. The electronic submittal process has significantly reduced the staff time required to track, process, route and review project submittals and has improved project record keeping. The web site provides a single location for all stakeholders to immediately access RFI and submittal information electronically from remote locations. This is the second contract modification under this PSA. The first modification increased the budget $86,230.91 for additional design and was administratively approved by the Mayor. This contract modification increases the budget by $51,610.14 for a total contract amount of $641,854.28. Project construction will be completed in July 2009 so the term of the contract has also been extended to October 31,2009. Fiscal Summary The budgeted amount for this project identified in the adopted 2008 Budget is $5,000,000 and the total project budget is $5,946,000. Due to the unexpected low bid that was received from the construction contractor the overall project is currently overfunded by approximately $700,000. As a result of these savings there are sufficient funds to cover the cost of this contract modification. Funding is provided through a combination of grants and loans which have all been executed as shown in the table below. Loan/Grant STAG Grant- PWTF - SRF - DOE PWTF - In Hand In Hand In Hand In Hand Amount $1,746,000 $200,000 $1,000,000 $3,000,000 Loan Fee N/A N/A N/A N/A Match 71% 15% N/A 15% Required Term N/A 20-Years 20- Years 20-Years Interest Rate N/A 0.5% 2.6% 0.5% I Annual Debt N/A $10,500 $64,4000 $158,000 I Service Citl' o/Br<'lIIertoll H'W7P Upgrade- COlltraet MOlhjicatioll NUll/her :l Octoher :lOOS CONTRACT MODIFICATION AGREEMENT NO.2 BETWEEN THE CITY OF BREMERTON AND CH2M HILL W ASTEW A TER TREATMENT PLANT UPGRADE, PROJECT NO. 5020 PROJECT Wastewater Treatment Plant Upgrade, Proiect NO. 5020 CONSULTANT CH2M Hill DATE November 7, 2008 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and CH2M Hill on April 1, 2005. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. F or valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section Exhibit A. I. Scope , is modified as follows: See Amended Scope of Work attached as Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by October 31,2009. Section III. Compensation , is modified as follows: The original contract amount was Five Hundred Four Thousand Thirteen Dollars and 23 cents ($ 504.013.23). Contract Modification Number I increased the budget by Eighty Six Thousand Two Hundred Thirty Dollars and 91 cents ($ 86.230.91) for a total current contract amount of Five Hundred Ninety Thousand Two Hundred Forty Four Dollars and 14 cents ($ 590.244.14). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Fifty One Thousand Six Hundred Ten Dollars and 14 cents ($ 51.610.14) for a total amended contract amount of Six Hundred Forty One Thousand Eight Hundred Fifty Four Dollars and 28 cents ($ 641.854.28). including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this CONTRACT MODIFICATION No.2 Project Number: 5020 Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supenrision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON By Its By Its Cary Bozeman Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Brady Fuller Proiect Manager CH2M Hill 1100 11 ih Avenue NE, Suite 400 Bellevue, W A 98009-2050 Ned Lever Project Manager city of Bremerton Engineering Department 3027 Olympus Drive Bremerton, W A 98310 Phone (360) 473-2398 / Fax (360) 473-5398 CONTRACT MODI FICA TION No.2 Project Number: 5020 2 Contract Modification No.2 Exhibit A - Scope of Work October 8, 2008 Facility Planning, Design, Permitting, Bidding Assistance, and Construction Services for Bremerton WWTP Upgrade Project Introduction This contract amendment addresses the revised project scope and level of effort required for the services during construction, and project management activities for the WWTP Upgrade Project (Project). This amendment identifies tasks that supersede the applicable tasks in the original scope of work. The engineering services fees associated with this amendment supplements the original contract amount and other amendments and address the increased level of effort required. Task 6.0 Construction Services Task 6.01 Construction Support Activities The City Project Manager has requested that construction management documentation be organized using Microsoft Sharepoint software. Consultant has proceeded with preparing the Sharepoint interface and it is being used on the project, but will require additional scope and level of effort to fully-fund and complete this work for the duration of the construction period. Consultant will do the following: 1) Designate Sharepoint Administrator (Car a Lockrem) as point of contact for all Sharepoint related issues for Contractor and City. 2) Purchase software and required licenses for City, Contractor and Consultant to access the Sharepoint Site. 3) Customize site (based on existing template from another similar project) for Bremerton WWTP project. 4) Post materials (including requests for information with attachments, photos, contract documents, project correspondence, notice of intent, prevailing wage rates, and other documents as requested). 5) At conclusion of project, provide City with all project materials on Sharepoint site on a DVD disc for archiving purposes. 6) Maintain site during duration of cons'truction contract. 7) Answer questions from Contractor and City regarding Sharepoint site use. 8) Troubleshoot Sharepoint site operational issues with City and Contractor as needed. 9) Provide Project Management services for the activities listed above. EXHIBIT.ASDC_20081008 CONTRACT MOD 2 CONTRACT MODIFICATION #1 EXHIBIT A - SCOPE OF WORK ENGINEERING SERVICES FOR BREMERTON WWTP UPGRADE PROJECT Assumptions: All project correspondence to be posted to SJuzrepoint site shall be sent from City to Consultant Sharepoint Administrator 1pith instructions for posting. As needed, RF['s will be posted to tlze si te. City Responsibilities: ProZ'ide materials through normal course of construction contract to designated Consultant Sharepoint Administrator. Work Product: Maintain SJIi1repoint site a/Ui prouide arcJliI'e 0 VD within 30 days of Final Completion of project. Task 6.01 Construction Support Activities The office engineering services required of the project have been more than forecast. This amendment adds an allowance to fund additional project engineer time to provide the level of service requested and required by the City. The Consultant will continue to perform office engineering services including RFI review and response, submittal and resubmittal review, coordination with City Project Manager. Time of Performance No changes to existing Scope of Work. EXHIBIT _A_SDC_20081 008 CONTRACT MOD 2 2 Contract Modification #2 Exhibit B - Compensation September 10,2008 Facility Planning, Design, Permitting, Bidding Assistance, and Construction Services for Bremerton WWTP Upgrade Project Compensation for professional engineering services for the Facility Plmming, Design, Permitting, Bidding Assistance, and Construction Services for Bremerton WWTP Upgrade Project was estimated in the Original Contract based on anticipated level of effort for engineering activities. Based on the description in Amendment #2 Exhibit A, the estimated level of effort was increased as shown in the following table. WORK TASK COST BREAKDOWN Task NO./Task Original Contract Contract Contract Total Description Amendment #1 Amendment #2 Compensation Task 1 - Facility Planning $105,634.19 ($5,427.54) $0 $100,206.65 Task 2 - Permitting I $16,155.32 ($16,155.32) $0 $0.00 Environ. Documentation Task 3 - STAG Grant $7,311.37 $967.09 $0 $8,278.46 Preparation Task 4 - Design Services $221,329.60 $92,635.00 $0 $313,964.60 Task 5 - Bidding Support $10,583.67 $0 $0 $10,583.67 Services Task 6 - Construction $74,308.29 $0 $ 51,610.14 $125,918.43 Services Task 7 - Project $55,255.99 $22,646.48 $0 $77,902.47 Management Task 8 - General $13,434.80 ($8,434.80) $0 $5,000.00 Contingency Total $504,013.23 $86,230.91 $51,610.14 $641,854.28 Contract/Amendment A. For the additional services described in Exhibit A of this Amendment #2, City will pay the Consultant compensation amounting to the labor billing rate for the employee multiplied by the time charged to this project, plus direct expenses. The labor billing rate is calculated by the employee's raw labor rate multiplied by a factor of 3.20, which is designated as the labor multiplier. The fee so determined shall be payable based on monthly statements submitted in a form acceptable to the City. The estimated not-to- exceed fees for the Project are set forth above. B. The following direct cost expenses are reimbursable. 1. Travet subsistence, and incidental costs, at cost. EXHIBIT _B_SDC_20081008 CONTRACT MOD 2 CONTRACT MODIFICATION #1 EXHIBIT B - COMPENSATION ENGINEERING SERVICES FOR BREMERTON WWTP UPGRADE PROJECT 2. Use of motor vehicles on a mileage basis (Consultant's current standard rate) or rental cost basis, except as otherwise set forth herein. 3. Repl'oduction of reports, drawings, specifications, and other Project-related documents, at cost. 4. Postage and shipping charges for Project-related materials, at cost. 5. Charges of special consultants requested or authorized by the City. 6. Local taxes or fees applicable to the engineering work or payments thereof. 7. Charges for review of drawings and specifications by government agencies, if any. 8. Cost of acquiring any other materials or services specifically for and applicable to this Project, if approved by the City. 9. Rental charges for use of equipment, if approved by the City. C. Payments shall be made to the Consultant by the City based on the Consultant's invoice. Invoices shall be prepared no more frequently than once a month and shall be itemized to indicate the amount of work performed and the associated reimbursable expenses. Each statement shall indicate the name of the person for whose services compensation is being sought, the number of man-hours charged and the cost, in dollars, per man-hour. D. The entire amount of each statement shall be due and payable upon receipt by the City. E. It is understood and agreed that a delay, for any reason or cause, in the start of services by the Consultant shall not entitle the Consultant to additional compensation. F. It is understood and agreed: 1. That the Consultant shall start the performance of Services within 10 days of receipt of Notice to Proceed. 2. That the Consultant shall keep records on the basis of generally accepted accounting practice of costs and expenses which records shall be available for inspection at all reasonable times. G. The budget and rates for Tasks 1-4 were original based on calendar year 2005. Billing rates for activities that extend beyond the end of 2005 will be subject to an annual increase by 4 % to account for 2006 through 2008 salary increases. H. The Consultant understands that the City shall hold the Consultant to the "not-to- exceed" project budget versus holding the Consultant to each individual task and subtask level budget. The Consultant shall be allowed to move budget from one task to another if it is deemed (with concurrence from the City) that the budget allocated to a task may be in excess of that required to complete the task. The excess budget from one task shall only be moved to another task that is projected to require more funding than originally estimated. The Consultant will provide monthly updates of the budget status of all task~ to the City. EXHIBIT B SDC20081008 CONTRACT MOD 2 2 DATE SUBMITTED: October 15.2008 BILL # o d ~ ;).3 'f AGENDA BILL CITY OF BREMERTON CITY COUNCIL S1 ........................................................................................ SUBJECT: Approve Renew"al of the Department of Natural Resources (DNR) Aquatic Leases. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 22, 2008 November 5, 2008 Enoineering t:> Michael Mecham 473-5288 SUMMARY: Three outfalls have expired leases and need to be renewed. The outfalls are for the West Bremerton Treatment Plant, the East Bremerton Storm Water Facility and a storm outfall for the Warren Avenue Basin. If the leases are not renewed, the City will be required to remove the improvements from the state property. The current expectation is that DNR will offer 30-year lease terms at these locations. ATTACHMENTS: 1. Council Summary; 2. Outfall Map; 3. Example DNR Lease Form. FISCAL IMPACTS (Include Budgeted Amount): Administrative costs from DNR are a one time fee for the lease and generally run between $500 to $1000 depending on the complexity of the authorization. APPROV ALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: ! RECOMMENDED MOTION: Move to approve the renewal of the Department of Natural Resources Aquatic Leases and authorize the Mayor to finalize and execute the necessary documents to complete the leases with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue 0 No Action COUNCIL SUMMARY DNR AQUATIC LEASES Summary Typically, property below the line of extreme low tide, including the beds of navigable waters, is owned by the State of Washington. This property is managed by the state by the Department of Natural Resources (DNR). Any man-made improvement or facility located in this area is required to obtain a lease through DNR for use of the property. Some of the leases take the form of a right of way lease, which is held by the leasee until the improvement is no longer needed and is removed, and some are set with specific time limits. Three of the latter leases have expired and need to be renewed. These leases are for: . Primary outfall at the West Bremerton Treatment Plant . Primary outfall at the East Bremerton Storm Facility . Storm outfall for Warren Avenue basin at Evergreen Park (North of boat ramp) If the leases are not renewed, the City will be required to remove the improvements from the state property. The current expectation is that DNR will offer 3D-year lease terms at these locations. Fiscal Summary With a typical lease, DNR requires a recorded survey for each lease. The surveys can be quite costly as some of the requirements are to show all adjacent leases and the physical , improvement on the state property. We have discussed with DNR and are requesting the survey requirement for the leases be waived as the City is the uplands property owner for two of the leases and United States of America for the Navy railroad on the third. The administrative fees for each lease usually ranges between $500 to $1000 depending on the complexity of the authorization. There is no longer an annual rent for'the use of the property. DNR Aquatic Leases Council Summary October 2008 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands I. APPLICATION FOR AUTHORIZATION TO USE STATE-OWNED AQUATIC LANDS ~~l?Y SU BM ISSION OF APPLICATION NO WORK CAN BE STARTED ON THE PROJECT AREA UNTIL A USE AUTHORIZA nON HAS BEEN GRANTED BY THE DEPARTMENT OF NATURAL RESOURCES Enclose a $25.00 non-refundable application processing fee with the application (this fee is not required for local, state, and other government agencies). This application form will be reviewed by the Department of Natural Resources upon receipt at the address given below. Applicants will be notified in writing if the application will be accepted for further review. However, this application may be rejected at any time before signed execution of a use authorization. APPLICATION MUST BE SIGNED IN BLUE OR BLACK PEN Please send the completed application fOlm to your region land manager at: Department of Natural Resources [Region/District Address) South Puget Sound Region 950 Farman Avenue N. Enumclaw, W A 98022 II. APPLICANT INFORMA nON Date of Application:_ Authorization to be Issued To (how name is to appear in the lease document: City of Bremerton Address: 345 6th Street - Suite 600 City: Bremerton State: Wa Zip Code: 98337 Telephone Number: 360473.5290 FAX Number: 360473.5278 Applicant's Representative: Gunnar Fridriksson P.L.S., P.E. Relationship to Applicant: Employee Address: 100 Oyster Bay A venue City: Bremerton State: Wa Telephone Number: 360473.5270 FAX Number: 360 473.5398 Zip Code: 98312 If Property will be used for business purposes, Applicants' Washington Department of Revenue Tax *Registration Number (Unitied Business Identifier) is Required: 91-600 121L FOR OFFICIAL USE ONLY Land Manager: Type: (20, 21, 22, 23, 31, 51) Land Manager: CI New Application 0 Renewal Application Land Manager: Initials Aquatic Program Manager Initials Support: Application Fee Received Date Land Records: New Application Number Land Records: Trust County______ AQR Plate No. Form Date: June. 2005 10f7 Applicatilln for Aulhorilation to Use SOAL Which of the following applies to Applicant (Check One and Attach written authority to sign - bylaws, power of attorney, etc): [8J Corporation (State of Registration): Wa Government Agency Yes D General Partnership Limited Partnership _ (State of Registration): __ D Sole Proprietorship Marital Community __ (Spouse):_ D Other (Please Explain): _ Has the site use been authorized before or is it currently under lease: [8J Yes(#)20-009689 D No D Don't Know III. LOCA TION The Body of Water on which the state property is located: Port Washington Narrows County in which the state property is located: Kitsap Government Lot 1, Section 11, Township 24, Range .ill E/W A LEGAL PROPERTY SURVEY INCLUDING THE LEGAL DESCRIPTION AND OTHER INFORMATION ABOUT THE PROPERTY IS REQUIRED TO OBTAIN A USE AUTHORIZATION. THE SURVEY REQUIREMENTS ARE DESCRIBED IN SECTION VII, PROPERTY SURVEY OF THIS FORM. THE SURVEY PLAT WILL BE ATTACHED TO THE LEASE AS EXHIBIT A. (DO NOT HAVE THIS SURVEY CONDUCTED UNTIL YOU HAVE BEEN NOTIFIED IN WRITING THAT THE APPLICATION HAS BEEN ACCEPTED FOR PROCESSING.) Physical description of Project Area (For example, Marsh, Tideflat adjacent to the Chehalis River, etc.): Portion of the bed of Port Washington Narrows Name of Owner(s) of Uplands, Shorelands, and/or Tidelands shoreward and adjacent to the Property: Name: City of Bremerton Address: See above City: _ State: _ Zip Code: _ Phone Number: EXCEPT FOR PROPERTY LOCATED WITHIN ESTABLISHED HARBOR AREAS, PROOF OF OWNERSHIP, OR AUTHORIZATION TO USE THE ADJACENT TIDELAND, SHORELAND, OR UPLAND PROPERTY MAYBE REQUIRED. IF THE APPLICANT IS THE OWNER OF THE ADJACENT LAND, A TT ACH A COPY OF THE DEED OR CONTRACT OF SALE. County Parcel No(s). for adjacent propeliies, upland, and/or adjacent tideland properties: IV. USE OF PROPERTY I. Describe, in detail, the proposed use of the Property: De~water ~utfa.LLJor -'l~_ill~QY~lQrm w~~IlIeatmentQlant{SWTPl 2. Is or will the Property be subleased to another party? DYes [8J No (If yes, submit a copy of the sublease agreement.) 3. What are the current and past uses of the site? As the discharge point for the Manet~_WWTP ~ince the p)ant"!ya~...f.9nstructed in 1947. then cOl1velied to CSO overflow plant in 200 I. Form Date: J Ulle. 2005 2 of 7 Application for Authorization to Use SOAL ~(Q)~W 4. Do YOll have any knowledge of contamination of the site by toxic or hazardous substances, or of past uses or practices that might have lead to contamination by such substances? Ifso, please explain: J~.9l1~ 5. Do you know ifany fill material has been placed on the property in question? [fyes, please explain: N~ PHYSICAL IMPROVEMENTS ARE STRUCTURES PLACED ON THE LAND THAT CANNOT BE REMOVED WITHOUT DAMAGE TO THE LAND. EXAMPLES OF SUCH STRUCTURES INCLUDE PILINGS, DOLPHINS, PIERS, WHARVES, PILING-SUPPORTED BUILDINGS, STRUCTURES BUILT ON FILL OR CONCRETE FOUNDATIONS, BURIED PIPELINES AND CABLES, AND SUPPORT STRUCTURES FOR BRIDGES. V. IMPROVEMENTS I. What physical improvements currently exist on the site? (Photos may be required.) 36-inch concrete outfall line with diffuser at terminal end. 2. If there are physical improvements currently on the site, who owns them? City of Bremerton 3. If there are physical improvements currently on the site, describe their condition: Existing line has been in place since 1972, and is in good repair. Interior of the line is clear and in good shape.. 4. Which, if any, of the existing physical improvements will be removed, remodeled, or reconstructed? None. Line is inspected every five years and cleaned as necessary. 5. Describe any physical improvements that the applicant is proposing to construct on the site: None. 6. Has any fill material been placed on the site? If Yes, please describe: None. Outfall was placed on the bottom. VI. LOCAL. STATE. AND FEDERAL REGULATORY PERMITS COPIES OF ALL GOVERNMENT REGULA TORY PERMITS ARE REQUIRED BEFORE ISSUANCE OF A DNR USE AUTHORIZATION. YOUR PROJECT MA Y REQUIRE SOME OR ALL OF THESE PERMITS. Please include the following permit applications, permits, or waivers with the application: JARPA (Joint AQuatic Resource Permit Application) This one fonn is used to apply for all of the following individual pemlits, please check appropriate boxes): 1. D SectioJ.L!JLPermj! (Required by the US Army Corps 0{ Engineers for any work in or affecting navigable waters, e.g., floats, docks, piers, dredging, pilings, bridges, overhead power lines.) 2. D Shoreline SUQ,2t.anti'!!J2~_y.~lQJllilent. (:onditional Use. Variance Permit oJ:_I~:~emption (Issued by Local Government, and is required for work or activity in the 100 year floodplain, or within 200 feet of the Ordinary I-Iigh Water mark of certain waters: and which included anyone of the following: dumping, drilling, dredging, filing, Form Date: June, 2005 3 of 7 Application I'llI' Authorization to Use SOAL ~(Q)(P)W placement or alteration of structures or any activity which substantially interferes with normal public use of the waters. ) 3. 0 l:!.Ypra!!lic P!:9.L~ft-,~Pl?roYJtl (Required by the Department of Fish and Wildlife if the project includes work that will use, divert, obstruct, or change the natural flow 01' bed of any fresh or salt water of the state.) 4. 0 Seft!!-2!L:!Jl4 Eermit (Required by the US Army Corps of Engineers if your project will discharge or excavate any dredged 01' tillmatcrial waterward of the Ordinary High Water mark 01' the Mean Higher High Tide Line in tidal areas. ) 5. 0 Sestion 40 I W.~l~lality Certjtic!lt.!!-l!l (Required by the Department of Ecology if a Section 404 permit is required.) NPDES (National Pollutant Discharee Elimination System Permit Required by the Department of Ecology under delegated authority from the Federal Environmental Protection Agency for projects that include the discharge of tluid on or into surface water. SEPA (State Environmental Policv Act) Checklist and Environmental Assessments When you submit a permit application to any agency, if the project is not exempt, the lead agency will ask you to fill out an environmental checklist. Based on checklist answers and the reviewers knowledge ofthe project site, agency personnel will determine the types of impacts the project may have on the environment. The agency assessments may be the following forms: Determination of Non significance, Detennination of Significance, scoping documents, draft or final Environmental Impact Statements (EIS) or others prepared for the purpose of compliance. Describe any habitat mitigation required by any of the permitting agencies identitied above and identify where such mitigation is proposed to occur: None VII. PROPERTY SURVEY STATE OF WASilINGTON DEPARTMENT OF NATURAL RESOURCES . REQUIREMENTS FOR RECORDS OF SURVEY F.OR LEASES AND EASEMENTS' "." ...' . .. ." ..' . . ...... .. ..,.'.... ',' ,'.'.. ", . . .. Records of Survey are required for easements and leases granted by the department for: . County roads . Highways . Easements across high value lands . Easements across transition lands . Utilities . Upland leases . Communication sites . Other grants as determined by the department based upon site specific considerations · Drainage or irrigation easements . Railroads . Aquatic land uses: exemptions are provided for recreational docks and mooring buoys per RCW 79.105.430 and for those permits issued as a Right of Entry The applicant is responsible for: · All coSts and work associated with creating, submitting, revising and recording the Record of Survey · Submitting a preliminary Record of Survey for review and approval by the department prior to approval of the agreement. · Recording the final Record of Survey with the county auditor's office. · Submitting a digital copy in AutoCAD.DWG or DXF (drawing exchange format) of the final survey. · Submitting two full size copies and one 8 ~S X II" copy and of the recorded survey including the auditor's recording information to the depmtment. A Record of Survey must: Form Dal.;: June, 2005 40f7 Application Cor Authorizatitll1 to !Joe SOAL (C(Q)(P)'V I. Be produced by a licensed surveyor. 2. Meet the requirements of Title 58 RCW and Chapter 332-130 WAC. 3. Include the name of the applicant, the purpose of the easement or lease and the DNR easement or lease number. 4. Clearly show easement or lease boundaries with distances and directions of all boundary lines. S. Show the casement or lease area to an acc;uracy of (i) 0.5% of the total area or (1:) 10 square feet, whichever is greater. 6. (Not required for aquatic lands lease across the bed of Puget Sound or the Pacific Ocean) Indicate the acreage encompassed by the lease or easement within each quatier-quarter section or government lot. 7. Show distances and directions from two or more controlling corners of a recorded subdivision, recorded surveyor government survey (GLO) corners. 8. Be related by meridian and coordinate to the Washington Coordinate System NAD'83( 1991) by closed ties to NGS Control monuments, or the extension thereof. The designation of the control stations used shall appear on the plat. 9. Include a narrative legal description describing the servient estate (grantor's parcel) on the Record of Survey. 10. Show a detailed plan of improvements to be constructed or already existing on the easement or lease area. All improvements must be shown in sufficient detail to determine what they are used for and to ensure they are entirely within the easement area. II. Show the location of any proposed utility. 12. (linear lease or easement) Show the lineal footage along the centerline. 13. (linear lease or easement) Show the complete alignment information and width including any necessary curve data. 14. (Easements or leases crossing a section line or state ownership boundary, not required for aquatic lands lease across the bed of Puget Sound or the Pacific Ocean) Provide ties to the centerline of an easement along the section or subdivision line from the nearest appropriate Public Land Survey System (PLSS) section corner, quarter section or subdivision comer, where the easement enters and leaves the section or state ownership. 15. (Easements or leases falling entirely within one section and not crossing a section line or state ownership boundary) Provide ties from both end points of the linear easement to PLSS comers or other subdivision comers shall be provided. 16. (A lease which encroaches on a previously leased site) Show the boundary'for the senior lease in the vicinity ofthe proposed lease shall also be shown, together with ties between the two leases sufficient to determine the full extent of the encroachments. Additional Requirements for Communication Site Leases 17. Show ties to the comers of previously monumented communication sites adjacent to, or in the immediate vicinity of the proposed communication site. 18. Show access to the site. 19. Mark the corners of the communication site, as described and granted, with substantial permanent magnetically locatable monuments. The monuments shall be in place and obviously marked on the ground after the construction of installations and improvements. 20. Show the center of any communication site tower by Washington Plane Coordinates, NAD83 (1991), or latitude and longitude having an accuracy of and showing 3 decimals of a second. 21. On all communication sites where towers or beam paths are shown, an elevation is required at the base of the tower. I'llI'm Dat<:: June. 2005 50f7 Application for Authorization to Use SOAL (C(f))[P)'t' 22. Show the tower height, and the height of the antenna or microwave dish and any beam path used shall have the diameter and tilt thereof shown. ')~ "--) . The elevation shall be derived fi'om an established benchmark in the vicinity of the site, or an elevation designated by the Department of Natural Resources. Additional Requirements for Aquatic Land Uses 24. The lease of aquatic lands is often subject to preference rights. Applicants and surveyors should carefully determine the direction, and show details of the proration of coves and irregular shoreline. 25. (lease sites which contain existing or proposed structures and improvements that are classified as a non water-dependent or a water oriented use as described within RCW 79.105.060 and WAC 332-30-106) Provide the square footage of each structure and improvement. Additional Requirements for Aquatic Land Uses (cont.): 26. Where applicable, the survey of aquatic lands must show the location of the following lines for: a. Tidal areas -Government meander line, the original and current locations ofline of mean high tide, line of mean low tide, and line of extreme low tide. The survey must include the name of tidal bench mark(s) used or describe the alternate method employed for determining a Tidal Datum. Lease areas which contain tidelands and bedlands at a minimum must show the location of the line of extreme low tide crossing the lease area. Lease areas containing bed lands exclusively may be required to show the relationship to the line of extreme low tide and the -18 foot contour line only. b. Lakes --Government meander line, line of ordinary high water (original ordinary high water if the lake has experienced artificial raising or lowering of the water level), and line of ordinary low water (include source of data) and line of navigability if established. c. Rivers - Line of ordinary high water and line of ordinary low water (include source of data) and line of navigability if established. d. Lots and blocks of platted tide lands or shore lands, inner and outer harbor lines, waterway lines, street boundaries, any local construction limit lines, any dredge or fill areas, and easements of record within the lease site. e. All lines must be shown in sufficient detail to compute and show the area of each area of State-owned bedlands, tidelands, shore lands, harbor area, or waterways included within the proposed lease site. Include any other data necessary for the complete understanding of the information shown on the survey. If, in the opinion of the department, such information is lacking, the survey may be rejected. Record of Survey Revisions: 27. Any differences between the as-built road and the regulation plat must be reflected in a revised Record of Survey and recorded with the county by the applicant. 28. When any pOliion of the completed improvements are located outside of the granted lease site, the as-built locations must be reflected in a revised Record of Survey and legal description. In this instance, a new application for an amended lease site may be required if the as-built location creates adverse impacts. In the case of linear leases across the bed lands of the sound orthe ocean, an as-built Record of Survey and a revised legal description oftlle linear lease must be provided. Survey Requirements updated July 2002, All answers and statements are true and correct to the best of my knowledge. Applicant (Please Print) For111 Dale: .I une, 2005 601'7 Application (IJ!' Authorization to Use SOAL (C(Q){P)'W Signed Title Company Date (Applicant or Authorized Signature) For additional information contact one of the following region offices: Southeast Region 713 Bowers Rd Ellensburg, W A 98926-9341 509-925-8510 TTY: 509-925-8527 Northeast Region P.O. Box 190 225 S Silke Rd Colville, W A 99114-0190 360-684-7474 TTY: 509-684-7474 Form Date: June. 200) Olympic Region 411 Tillicum Ln Forks, W A 98331-9797 360-374-6131 TTY: 360-374-2819 Pacific Cascade Region P.O. Box 280 601 Bond Rd Castle Rock, W A 98611-0280 360-577-2025 TTY: 360-577-2025 7of7 Northwest Region 919 N Township St Sedro-Woolley, W A 98284-9333 360-856-3500 TTY: 360-856-1371 South Puget Sound Region 950 Farman Ave N Enumclaw, W A 98022 360-825-1631 TTY: 360-825-6381 Application for Authorization to Use SOAL ~(Q)fj2)V IlUtillJ!l -NTS SITUATE IN T.23N.,R.1 E.,W.M. ~ -NT~ DurF ALL) , ~ " ~~-~t'k.p35 .ll4l'Oflm.!tQ(i'J(.II/I.I".. .SJ"""",sm 111M ...-q:.-2L!T$I,W""n~1'G.1J37 ~1T1l~SY.cIBl.~L -_I ,hH 'STReIT ii / " . A R/'J 3-4142 NO SURVEY LEGAL DOES NOT CLOSE 'WARREN AVENUE BRIDGE AR/'J 2332 ISSUED 7-16-58 LEASE *51~045730 PARCEL I Co] UNRECORDED SURVEY #484 DATED 8/3/B3 BY DODGE IlEIAlbH -NTS 51-D45730-PARCEL B ROS 21/031 51-045730 PARCEL A ROS 21/032 LEASE #51-046342 (STORM} VOL. 21 OF SURVEYS. PG, 033 DATED 8/83 BY McGINNIS ~ -LEASES 20-009690, 20-009689 8. 22-Q02273 HAVE BEEN SUBMITTED TO DNR FOR RENE'w'AL 10/08. -COORDINATES ARE TO 'WASHINGTON STATE PLANE AND ARE APPROXIMATE fOR THE DUTF ALLS AS THEY ARE IN DEEP IJATER. COORDINATES FOR FEATURES ABOVE THE LD""" 'WATER LINE 'WERE GENERATED BY GPS TAKEN DIRECTLY AT THE FEA lURE. #51-046083 RDS 21/034 DATED 2/84 BY CH2M HILL ~ " )1 , ]!~rli "';::&:;;? , CO''' ~)" MANETTE BRIDGE - BREMERTON BRIDGE CO, CONDEMNATION 177. 10-8-29, STATE ROAD PLAT . +1585, DOH 5-23-41 'WSDm CURRENTLY SUBMITING FOR NEW' LEASE ON BEHALF OF CITY 51-036177 NO LEGAL-BASED ON CONSTRUCTED It. OF PIPELINE ......,.:~., ~ ~ :-~ " -~'.I, (:ri>~~_ ~:;i;C ~, ~T"~ ~<j;"~. : ; i:;:c ?, '~::.. ; , c,_'''''....",'_'V/''........, ~ ,/ ~~'1.1' ;Ih' "..~.! ~ ~, I ~,' ;:~::L v,~, ~y ...}~~~t~~ 23 24 PROPOSED NE'W LEASE FOR BREMERTON BOARDW'ALK -'WILL SUPERCEDE PORTION OF A R/'w' 36177 'WITH COMPLETION OF NEW' SANIT ARY BEACH MAIN FOR 'WEST SIDE i ~ -NTS ~'.' J JI JI I ~~SCr:!iM~rr:Ii~rl9B8 ) I /,;;f-"Rlii.,~ .m';1iO"~$\ '. ....... ~.'?i\ \ '. - , \\',;'=p}j,lj \~Uiof/'/ -':!f~~i. ~:' H~~':~:i':.' ~Jt~f ' "",_" jl'f' ~A-\ ;ln17.\,1 .....,\~_t'-lJec:::0l:'.::: "'l): SCALE=1'1200' lCU87013.'333127 y2045'36.B9'38 LEASE #20-009690 ('WEST T.P. OUTFALl) NEED NE'W LEASE ~> AQUATIC LEASES SUMMARY CITY OF BREMERTON SHEET L Dr DATE SUBMITTED: October J 5, 2()O~ BILL 1# _____Q~_=~..~~ AGENDA BILL CITY OF BREMERTON S .- CITY COUNCIL. . ~- ...............................................D..........................................., NO' 5o~4 SlJBJECT: Ordinance Amending Section 7.08.0 I 0 of the BMC Relating to Animal Licensing Committee Meeting Date: __ O~g_~~~_?~'__~OO'~_______ COUNCIL MEETING Date: November 5, 2008 ._------_._----~- Department: _!in~!!.cial Seryic~~__ Presenter ._ Car(~.L~t~~'__~ity CI~iL. Phone: 360-473-5323 SUMMARY: In order to encourage Bremerton's pet owners to re-license their animals, one of the methods the Kitsap Humane Society has recommended is to allow for a temporary amnesty for late fees. The BMC does not currently allow for such a process. The revision before Council would authorize the City Clerk to grant amnesty of the late fee for no more than a 90-day period. A TT ACHMENTS: Draft Ordinance tV o. 5004 FISCAL IMPACTS (Include Budgeted Amount): There is no cost to implement and may increase future revenues. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: -.. -------~ CONSENT AGEN~~. ~I I GENERAL BUSINESS D I l_Pl!~LI~Lrg~Rl~G__DJ COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. 5<'~ 4 __amending Section 7.08.010 of the Bremerton Municipal Code relating to animal licensing. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. ~ O(,t.{ AN ORDINANCE of th~ City Council of the City of Bremerton, \Vashillgton, amending Section 7.08.0 LO of the Bremerton rvlunicipal Code relating to animal licensing. WHEREAS, the current provisions of Section 7.08.010 of the Bremerton Municipal Code relating to licensing of cats and dogs provides for an addilionallicense fee when licenses are not renewed by the designated renewal date; and \VRFREAS, the City Council desires to authorize the City Clerk to suspend the additional license fee in order to grant amnesty during short periods in order to increase animal licensing; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMER TON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 7.08.010 of the Bremerton Municipal Code entitled "Cat and Dog Licenses" is hereby mnended to read as follows: 7.08.010 CAT AND DOG LICENSES. (a) Annual License. All dogs and cats shall be licensed annually or within thirty (30) calendar days from the date the owner acquires the animal or takes up residence in the City of Bremerton. (b) License Expiration. Cat and dog licenses shall expire one (l) calendar year from the date of issuance. (c) Cat and Dog License Fee. License fees are set pursuant to BMC 3.01.050. (d) Additional License Fee. Licenses not renewed by the designated renewal date shall be assessed an additional license fee of ten dollars ($10.00); provided, there shall be no additional license fee where: (1) The applicant has owned the cat or dog for less than thirty (30) calendar clays; or (2) The applicant has resided in the City for less than thirty (30) calendar days.,.; or (3) At the discretion of the City Clerk, amnesty may be granted Lo all residents for an announced period of time not to exceed 90 davs in duration, and no more frequently than once per calendar year. (e) Exemptions from License Fees. The following are exempt from license fees: ( 1) Cats and dogs in the temporary custody of a veterinarian or animal welfare organization whose owners are unknown; (1) Cats and dogs O\vned, and available for retail sale, by the owner or operator of a licensed commercial pet f.'lciliry; or (3) Service dogs. BMC 7.08.0]0 Cat a11d Dog Lice118es (0 Maximum Number of Household Pets. Not more than the accumulative total of four (4) of the following animals may be kept in conjunction with each permitted dwelling: (1) Dogs, cats and ferrets over the age of six (6) months. (2) Rabbits and similar animals over the age of three (3) months. (3) Pigeons over the age of three (3) months. SECTION 2. Sel'erabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not atfect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Lt:gal\LegaI\Ordinances\Financc\BMC 7.08 Cat and Dog Licenses.doc 2 BMC 7.08.010 Cat and Dog Licenses DATE SUBMITTED: October 15. 2008 BILL # 08 ... ~3~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SK ........................................................................................ No. 3177! SUBJECT: Resolution approving Phase I of the East Park Final Plat. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 22, 2008 November 5,2008 DCD Nicole Ward 473-5279 SUMMARY: The action before City Council is to approve Phase I of the East Park Final Plat. The Council previously took action on this project by approving the East Park Sub Area Plan through Ordinance 4962 in January of2006. Preliminary Plat approval was granted by the Administrative Hearings Examiner in June of2006 for the subdivision of 48 acres into 454 housing units. This proposal will grant final approval for 86 lots, associated open space tracts and Right of Way. The applicant has met all of the conditions of the Preliminary Plat approval for this phase and therefore the City Engineer and Community Development Director are recommending Final Plat approval. ATTACHMENTS: (1 ) Proposed Resolution granting Final Plat approval for Phase I (2) Staff Memorandum with map FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: tf-;A- CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT. RECOMMENDED MOTION: Move to pass Resolution NO.Jo'" t approving Phase I of the East Park Final Plat and authorizing the City Council President to sign the mylar. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 301l A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase I of the East Park Final Plat (File No. BP08-00095). WHEREAS, on January 18, 2006 the City Council passed Ordinance No. 4962 granting approval ofthe East Park Sub-Area Plan, and WHEREAS, On June 2, 2006 the Administrative Hearings Examiner granted Preliminary Plat approval after holding an open record public hearing to divide 48 acres into 454 housing units, and WHEREAS, Phase I of the East Park Final Plat includes 86 lots with associated open space tracts, and Rights of Way, and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met and Final Plat approval is requested; WHEREAS, the City Engineer and DCD Director recommend approval of Phase I of the East Park Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Phase I of East Park Final Plat as represented by the schematic drawing in Exhibit A is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this _ ,2008. WILL MAUPIN, Council President 1 Phase I of East Park Final Plat APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Resolutions\Community Development\Eastpark Phase I Final Plat.doc 2 Phase I of East Park Fillal Plat Exhibit A c ml -I ~I ,- I {/)I m ifl .:s:. I- m (L North 1 I',,",,'}',,: .~ ...... (/) m w \~ r~~\ !II~ / 1 i ! i ! i ! i ! i ! i j i j j) ! ~i i ~ i i ~ j ; 3? i i i i i i i i i i : , I i j ,/ / ./ ;' / " .// // ~;:~l Phase I Boundary .---.-----.-.......... --",/ ./ DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM From: City Council Nicole Ward, City Planner October 15, 2008 To: Date: Subject: Final Plat Approval for Phase I of East Park SUMMARY: The action before Council is the Final Plat Approval for a portion of the East Park Plat as shown in Exhibit A of the Resolution. This phase includes 86 lots with associated open space tracts and Rights of Way. City Council approval will allow the separation of lots, which will enable the developer to apply for building permits to construct homes as outlined in the East Park Sub Area Plan. The proceeds from this portion of the project will help to fund the other phases of the East Park. BACKGROUND INFORMATION: The East Park Sub-Area Plan was approved by City Council with Ordinance 4962 on January 18, 2006. Attachment I is a concept sketch from the Sub-Area Plan showing the intended design of the project. Following the Sub-Area Plan the project received Preliminary Plat approval on June 2, 2006. This approval stipulated that final approval would be granted only when specific conditions were met these conditions primarily related to infrastructure improvements. The Engineering and Planning Departments have reviewed this phase of the plat and agree that the conditions applicable to the phase have been met. Staff finds this portion of the plat ready for recording and therefore recommends that this phase of the Final Plat be approved. PROCESS: Final Plat Approval is a quasi-judicial process that is primarily to ensure the project has met the conditions established by the Preliminary Plat Approval prior to allowing the development to move forward into the building permit stage. It is important to note that as a quasi-judicial action it is necessary to ensure that the "Appearance of Fairness Doctrine" is met. Council members should refrain from having personal interactions with the project developer. ATTACHMENTS: . Attachment I - Sub-Area Plan Concept Plan Attachment " East Park Sub Area Plan Adopted By City Council 112006 Ordinance No. 4962 DATE SUBMITTED: BIl.L If ___~8-~~_37___ AGENIlA BILL CITY OF BREMERTON 5' L CITY COUNCIL ........................................................................................ SUB.JECT Purchase of one (1) Toyota Yaris from fteof+-lG\.~ Toyota as a pool vehicle at the PW & U Oyster Bay facility Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 2211d 2008 November .sm2O()8 PW&U Phil Williams/Jim Orton 473-5359 SUMMARY: To reduce overall fleet fuel consumption staff requests purchase of a small vehicle from a local dealer to start a pilot program at the PW Oyster bay facility similar to the "Scoot" program offered by Kitsap Transit. Bids were requested from local dealers and staff is recommending purchase of a 2008 Toyota Yaris 3-door lift back from f/eA.rtlo.JJ Toyota. The EPA mileage estimate for this vehicle is 36mpg highway and 29 mpg City. The price is $15,684 including sales tax. Funding will be provided by budget adjustment from unallocated reserves for the Water and Storm Water Utilities in the 510 fund. The 2009 budget (as presented) will remove three (3) 2002 Chevy Blazers from the fleet that have averaged approx.13 mpg during their seven years of service with the City. Two of these vehicles are assets of the Water Utility and one is "owned" by General Fund Engineering. The two Blazers in the Water Utility will be replaced by this Toyota Yaris purchased in 2008. The General Fund Blazer will be replaced in 2009, also by a more fuel efficient vehicle TBD in 2009. ATTACHMENTS: Proposal from Mel.lr+lttt\.clioyota for purchase of a 2008 Toyota Yaris 3-door Liftback FISCAL IMPACTS (Include Budgeted Amount): Purchase of this vehicle requires a budget adjustment to the adopted 2008 budget to access unallocated reserves contributed by the Water Utility and Stormwater Utility within the 510 fund of 15,684'Uhe ve2' -would be an asset of the ERR Fund. APPROVALS: /I " /1;< / DEPARTMENT DIRECTO' - <~ ~ < ,/ /t/Ut'"----- CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: I CONSENT AGENDA ~ I I GENERA,L BUSINE, SS OJ I_PUBLI~HEARING _0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENIlEIl MOTION: Move to authorize the purchase of a 2008 Toyota Yaris 3-door liftback from ~ eo.r~ IQw:hoyota in the amount of $15,684 including sales tax and amend the 2008 budget for the ER&R Fund by $15,684 and authorize the use of unallocated reserves of the water utility and stormwater utility for this purchase. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action S8~ lOt 2008 F&I - DEF~ WORKSHtET Store 01 fANDIOl PORT 5021 4770 1 DEiili # 11 'l'RADE #1 19 DOC FEE 50.00 2 DSAL DNCE 09/10/2008 12 PAYOFF #1 20 \'IARR PREI-1 3 S']'OCK It TYl482 12 13 DEPO:.JT1' 21 VJ\IN'I' PREM 14 CASH DOi"iN 22 GAP PREM 4 PRICE 14264.00 15 REBATE 0.00 5 J\N'J'T 'f H~",'r TOTAL DOWN 0.00 23 MCiRP 14731.00 TOTAL AFTMKT 0.00 24 BALLOON 0.00 16 REGISTERED STATE I-Jp.. Jl..DJ BALLOON 0.00 6 TE:R."<1 1 17 COUNTY CODE ,,//"'-- ----- --- ---.,. 7 RATE 18 COONTY' RATE 1I..M T FINJ\.NCED ( 15684.00/: 8 DAYS 0 GOV'l' FEES 10C.50 ''''--~::''~_:C:' -...----- 9 PAY)YF_n.R 12 TAXE8 1269,50 10 PYMT DATE 09/10/2008 RO!PO H 258389 INS: RO/PO #2 L-1EMO#l MSRl? 14734.00 DTATOG RO!l?O #3 Ml::MOffL ~ ~ ~ \ '.l\, <i'- '- '0 \........ ........ ~\'-~ "<'\ ~ ~ .'J- ~ ~ '-- 'J ~ ~~ \'<'\ .~ ~ '""'l ~ ~ ( ~ J \ '::) ~ ~ ~ r,(\~ 11- ~ ~ 1 \-- ~ ----- 80 -0 "-- ro 5: 1..- o 4- b..O c:: > o E ... / DATI': SUBMITtED: October 15,2008 BILL 1/ _~-8-::-.._d:3_B_ AGENDA BILL CITY OF BREMERTON 5 ~~ CITY COUNCIL ~ .ae.....aa......m..m....a....a....aa.....aaa....ma.........aaam........a.D.....aa......, R..esol~--koV" Mo. 2>O/d- SUB,mCT: Manette Bridge Right-of-Way Acquisition Agreement. Committee Meeting Date: O~t()J)9E 22, 20()8______~ COUNCIL MEETING Date: November 5, 2008 ----- - Department: _.!~!1gi nceri l2.g_____ Presenter: Michael Mecham - -~-.--._.. --~---- Phone: 473-5288 SUMMARY: The Washington Department of Transportation (WSDOT) is asking for the City of Bremerton's assistance in the acquisition of right of way necessary to construct the replacement Manette Bridge. The proposed agreement specifically requests the City's assistance in the acquisition and acceptance of right-of-way and a Department of Natural Resources (DNR) lease for the project. ATTACHMENTS: 1.) Council Summary 2.) Proposed Resolution 3.) GCA-5845 Manette Bridge right-of-way acquisition agreement FISCAL IMPACTS (Include Budgeted Amount): No monetary expenditures are required. Modest staff time is anticipated. APPRO_~ALS: ~~--)\ )\ 1. / / DEPARI MENT DIRECTOR{::/ l-,'---___ ,"r !({41."~---___ ".~- -~ ' ~- -, -- CITY ATTORNEY: \ r__ - s:::;::=_-::-~.:: ='.- --_="'" FINANCE DIRECTOR: .. '\ --- MA YOR: _=::::=:~ COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution No.3Ql,J..approving the right-of-way acquisition agreement with WSDOT. COliNClL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY AGREEMENT WITH WSDOT FOR MANETTE BRIDGE RIGHT-OF-WAY ACQUISITION Summary To complete the replacement of the Manette Bridge, the Washington State Department of Transportation (WSDOT) requests City of Bremerton's assistance. This assistance will be in the acquiring and accepting of right of way and lease agreements for the bridge replacement. One upland parcel on the west side, south of the current bridge is needed along with a Department of Natural Resources (DNR) lease for the state property in the Port Washington Narrows that the new bridge will be crossing. While WSDOT is responsible for the bridge structure in accordance with RCW 47.17.960 (1991). the underlying right-of-way is vested in the City of Bremerton in accordance with RCW 47.24.020(15) (1947). An Agreement has been drafted between the City and WSDOT for this purpose (GCA- 5845, Manette Bridge RNV Acquisition). Fiscal Summary The agreement has WSDOT responsible for all state costs for property appraisals, negotiation, purchase, relocation and management of the properties until delivery to the City. The City will be responsible for costs in coordinating with WSDOT. Anticipated time for this coordination is 40 hours of staff time. Assistance with WSDOTfor Manetfe Bridge Replacement Council Summary October 2008 RCW 47.17.960: Local bridges - Department responsibility. Inside the Legislature I I , * Find Your Legislator I "" Visiting the Legislature i , * Agendas, Schedules and i Calendars I I I l r ! I I I ! I i * E-mail Notifications ! (Listserv) '* Students' Page II '* History of the State Legislature Outside the Legislatu;! I ! "* Bill Information *- Laws and Agency Rules 1\; Legislative Committees * Legislative Agencies '" Legislative Information Center "* Congress - the Other Washington "* TV Washington "* Washington Courts "* OFM Fiscal Note Website .<J:l.:"1Access .-';a.Washington'~ (>;l'~t... >>t,,\~ t\t.........4..,,!-~..t..;;H: Page 1 of2 How To Use This Site I About Us I Contact Us I Search Legislature Home I Senate I House of Representatives E'.!i[\tY.~_r:?.i2.n I No esta djsponible en espano! RCWs> nUe 47:> Chapter 47_17 > Section 47.17_960 4?,11.9t~ << 47.17.960>> 4!~E,$.$.Q RCW 47.17.960 Local bridges - Department responsibility. Although not part of the state highway system, the bridges designated in this section shall remain the continuing responsibility of the Washington state department of transportation. Continuing responsibility includes all structural maintenance, repair, and replacement of the substructure, superstructure, and roadway deck. Local agencies are responSible for snow and ice control, sweeping, stliping, lane marking, and channelization. Facility S. Fork Skykomish River Bridge Manette Bridge Grays River Bridge (Rosburg) Elochoman Bridge [1991 c 342 !l 55.] State of Washington Inventory of Bridges and Structures (SWEBS) Number VVN-0020D0487032 VVN-30325D032700 VVN-4030D0064300 VVN-407000023300 Notes: Effective dates -1991 c 342: See note following RCW 4?_~~_1~Z_ http://apps.leg.wa.gov/rcw/default.aspx?cite=47.17.960 9/24/2008 RCW 79.110.100: United States of America, state agency, county, or city right-of-way for roads and We... Page 1 of 1 RCW 79.110.100 United States of America, state agency, county, or city rlght-of.way for roads and streets over, and wharves over and upon aquatic lands. Any county or city or the United States of America or any state agency desiring to locate, establish, and construct a road or street over and across any aquatic lands, or wharf ov~r any state-owned tid~lands or shore lands, shall by resolution of the legislative body of the county, or city council or other governing body of the city, or proper agency of the United States of America or state agency, file a petition with the department for a right-ot-way for the road or street or wharf in accordance with the provisions of RCW 79.36.440. The department may grant the petition if it deems it in the best interest of the state and upon payment for the right-of-way and any damages to the affected aquatic lands. [2005 c 155 !l 208; 2003 c 334 !l612; 1982 1st ex.s. C 21 !l 55. Formerly RCW 79.91.060.] Notes: Intent "" 2003 c 334: See note following RCW 79.02.010. http://apps.leg.wa.gov/RCW/defalllLaspx'?cik''"7{).11 0.1 00 10/3/200:--: Page 1 of 1 RCW 79.36.440 Right~of-way for public roads. Any cOlmty or city or the United States of America or stale agency desiring to locate, establish, and construct a road 01' stTcet over and across any state lands of the state of Washington shall by resolution of the board of county commissioners of such county, or city councilor other gove1'l1ing body of such city, or proper agency oftlle United States of America, or state agency, canse to be .filed in the office of the department a petition for a right-of-way for slIch road or street, setting forth the reasons for the establishment thereof, accompanied by a duly attested copy of a plat made by the county or city engineer or proper agency o1'tl1e United States of America, or state agency, showing the location ofthe proposed road or street with reference to the legal subdivisions, or lots und blocks of the official plat, or the lands, over and across which such right-of-way is desired, the amount of land to be taken and the amount of land remaining in each portion of each legal subdivision or lot or block bisected by such proposed road or street. Upon the filing of such petition and plat the department, if deemed for the best interest of the state to grant the petition, shall cause the land proposed to be taken to be inspected and shall appraise the value of the land and valuable materials thereon and notify the petitioner of such appraised value. Ifthere are no valuable materials on the proposed right-of-way, or upon the payment of the appraised value of the land and valuable materials thereon, to the department in cash, or by certified check drawn upon any bank in this state, or money order, except for all rights-of-way granted to the department on which the valuable matetials, if any, shall be sold at public auction or by sealed bid, the department may approve the plat filed with the petition and file and enter the same in the records uf its office, and sLlch approval and record shall constitute a grant of such right-of-way from the state. [2003 c 334 S 385; 2001 c 250 ~ 12; 1982 1st ex.s. c 21 ~ 171; 1961 c 73 * 5; t945 c 145 * 1; 1927 c 255 * 85; Rem. Supp. 1945 * 7797-85. Prior: 1917 c 148 S 9; 1903 c 20 S 1; 1897 c 89 S 35; 1895 c t 78 S 46. FOl1nerly RCW 79.01.3.:10, 79.;3.Q.P~Q.] NOTES: Intent -- 2003 c 334: See note foHowing RCW 79,Q2,QLQ. Savings -~ Captions ~~ Severability -- Effective dates -- 1982 1st ex.s. c 21: See RCW 79.13~.9.oQ tlu'ough 79 .1.3_~..9.Q4. 1111p://searcl1.lcg. wa.gov/pub/lc:\lsCnl"ch/ViewHtml.asp'!.\ctiol1'"'I'lll11l&llcm""-7 &x= I 0030S% 15&p=j &X.., I lJiJ/2008 RESOLUTION NO. 301-:r A RESOLUTION of the City Council of the City of Bremerton, Washington, approving an agreement between the Washington State Depmtment of Transportation (WSDOT) and the City of Bremerton regarding the acquisition of right-of-way for the Manette Bridge. WHEREAS, pursuant to RCW 47.] 7.960, WSDOT is responsible for maintenance, repair and replacement of the Manette Bridge; and WHEREAS, WSDOT is currently planning the replacement ofthe structure; and WHEREAS, the underlying right-of-way is vested with the City of BremClton; and WHEREAS, the City needs to assist with the acquisition and accept title for the purchase of private property for right-of-way and to petition the DNR for a grant of right-of-way across state lands for the replacement bridge; and WHEREAS, all costs associated with the both the property purchase and DNR lease are the responsibility ofWSDOT, City costs are limited to time spent by personnel assisting with the coordination of said work; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council hereby approves an agreement with WSDOT for the acquisition and acceptance ofright-of-way and a Department of Natural Resources (DNR) lease for the Manette Bridge. SECTION 2. The Mayor is authorized to finalize and execute the proposed agreement with substantially the same terms and conditions as presented. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. 1 Manette Bridge Replacement day of PASSED by the City Council of the City of Bremerton, Washington this_ ,2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LlJBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Lcgal\Lcgal\Filcs\Current Active Filcs\Manctte Bridgc\Resolution for DNR lease acceptance. doc 2 Manette Bridge Replacement GCA-5845 Manette Bridge R/W Acquisition This Agreement is made and entered into between the State of Washington Department of Transportation, hereinafter the "STATE;' and the City of Bremerton, 3027 01ympus Drive, Bremelion, Washington, hereinafter the "CITY." WHEREAS, the legislature deleted SR 303 from the state highway system pursuant to RCW 47.17.555 in 1992; however, the legislature made the STATE responsible for the structural maintenance, repair, and replacement ofthe Manette Bridge's substructure, superstructure, and roadway deck pursuant to RCW 47.17.960, and WHEREAS, the STATE plans to replace the Manette Bridge with a new structure, hereinafter the "Project," and WHEREAS, the CITY has ownership of and jurisdictional authority over the Manette Bridge as part of its city sh'eet system, and WHEREAS, real estate appraisal, acquisition, and relocation services are required for the acquisition and relocation of at least one privately owned Emd occupied residential property as well as obtaining right of way from the Department of Natural Resources (DNR)~ and WHEREAS, the ST ATE agrees to provide all Project associated real estate services, and WHEREAS, it is agreed by the STATE and the CITY that the STATE will acquire all property rights necessary for the Project in the name of the CITY, NOW, THEREFORE, pursuant to RCW 47.17.960 and RCW 47.28.140 and in consideration of the terms, conditions, covenants, and perfonnances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. CITY RESPONSIBILITIES 1.1 The CITY agrees, at the sole cost of the CITY, to: 1.1.1 Pertaining to acquisition of publicly held real property: a. Provide a resolution by the CITY Council authorizing a petition to the Department of Natural Resources (DNR) for a grant of right of way across state lands in accordance with RCW 79.110.100 and RCW 79.36.440; b. Provide reasonable assistance necessary for the STATE to acquire the DNR right of way for the Manette Bridge Project, said assistance includes actions and processes the STATE is unable to reasonably accomplish independently or is prevented from accomplishing due to operation oflaw; and c. Accept all DNR property and/or propelty rights in the name oftile City of Bremerton. 1.1.2 Pertaining to acquisition of privately held real property: a. Provide approval as to acceptance of certain special exceptions appealing 011 propelty title reports; GCA-5845 Page 1 01'4 b. Accept all private property and/or property rights administratively acquired in the name of the City of Brcmerton, or in the alternative, should the STATE acquire the property and/or property rights under its eminent domain authority, thereafter, accept a transfer of the property and/or property rights; and c. The CITY shall review and execute leases, if any, with occupants of property acquired in the name of the CITY, within 15 days of the STATE's presentation to the CITY of a lease executed by a tenant. The CITY shall review and execute notices, if any, to occupants within 15 days of their presentation to the CITY by the STATE. Where title to the property is in the name of the CITY, the CITY shall initiate legal action for removal of a specified tenant from the property within 15 days of receiving a written request from the STATE to initiate such proceedings. 2. STATE RESPONSIBILITIES 2.1 The 8T A TE shall provide, at its sole cost: 2.1.1 Pertaining to acquisition of publicly held real property: a. All work necessary to acquire sufficient property rights from DNR in the name of the City of Bremerton for the Manette Bridge Project. 2.1.2 All work pertaining to acquisition of privately held real property, pursuant to chapter 8.26 RCW and chapter 47.12 RCW, that may include: a. Title reports and updates; b. Right of Way Plans and necessary Engineering Plans; c. Appraisal and Appraisal Review Services; d. Acquisition Services, including condemnation if necessary; e. Relocation Services; and f. Administrative acquisition of the property and/or property rights acquired in the name of the City of Bremerton. Should the property and/or property rights be acquired under the STATE's eminent domain authority, the STATE shall transfer title to the property and/or property rights to the CITY within sixty (60) days ofthe entry of the final judgment and decree of appropriation. g. If the propelty is acquired in the name of the CITY, the STATE shall provide Property Management services on behalf of the CITY according to the CITY's ordinances that the STATE detennines to be in compliance with Title 23 U .S.C. or, altematively where such ordinances may lack in such compliance, in accordance with the regulations for propelty management by the STATE. Such services shall be provided by the STATE until the residential improvements have been removed from the property. If the property is acquired in the name of the ST ATE under its eminent domain authority for later transfer to the CITY, the STATE shall provide Property Management services under the STATE's regulations until such time as the property is conveyed to the CITY. Property Management Services includes inspecting the property for the presence of hazardous materials or conditions, secming unoccupied rental units, presenting rental GCA.5845 Page 2 of 4 agreements to tenant occupants for signature, monitoling tenant occupancies, responding to tenant or neighbor complaints, making repairs, maintaining landscaping, making all utility payments not paid directly by a tenant, policing the property for illegal dumping and trespass, presenting notices to tenants, and making final inspections for vacation of rental units. 3. PROJECT COST 3.1 The STATE shall be solely liable for all costs of property acquisition and management for the Project; except, the CITY shall be responsible for its own costs for the work that it must provide under this Agreement. 4. RIGHT OF ENTRY 4.1 The CITY hereby grants to the STATE a right of ently upon all land in which the CITY has an interest for the purpose of Project design, acquisition of right of way, and demolition of residential improvements. Upon completion of the work outlined herein, all future ownership, operation and maintenance of the CITY's property and/or propeliy rights acquired and/or transferred under this Agreement shall be at the sole cost of the CITY and without expense to the STATE. 5. INDEMNIFICATION/HOLD HARMLESS 5.1 Each Party to this Af:,rreement shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's negligent acts or omissions. No Party will be required to indemnify, defend, or save harmless the other Party ifthe claims, suits, or actions for injuries, death, or damages (both to persons and/or property) is caused by the sale negligence of the other Party. Where such claims, suits, or actions result from conCUlTent negligence of the Parties, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. This indemnification shall survive the tel111ination of this Agreement. 6. VENUE 6.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Pmiies hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. 7. RECORDS 7.1 Upon completion of all work outlined in this Agreement, the 81' A TE will turn over to the CITY all records, including appraisal and appraisal review reports, acquisition documents, relocation assistance materials, and property management records. The CITY agrees to retain all such documents, materials, and records until January I, 2021, The CITY further agrees to GCA-5845 Page 3 of 4 make all such documents, materials, and records reasonably available for inspection by representati ves of the state of Washington or federal government. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last hereto below. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Cary Bozeman, Mayor By Kevin Dayton, Region Administrator Date Date APPROVED AS TO FORM APPROVED AS TO FORM By City A ttomey By ~~~'-\ .__ Assistant Attorney General ~ Date Date 9-(~-cJ\(' GCA-5845 Page 4 of 4 DATE SUBMITTED: October 29,2008 BILL # 08- d. Llo AGENDA BILL CITY OF BREMERTON CITY COUNCIL S~ ........................................................................................ SUBJECT: Appointment to the Bremerton Housing Authority Board of Commissioners Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: - November 5, 2008 Executive Mayor Bozeman 473-5266 SUMMARY: There is a vacancy on the Bremerton Housing Authority Board of Commissioners for the Resident Commissioner due to the term expiration of Tanya Stansberry. It is recommended Debra J. Kilgor-Hilton be appointed to the vacancy. A TT ACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPRO V ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~~ -.., COMMITTEE CHAIR COUNCIL PRESIDENT: A<)~ /' CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to confirm the appointment of Debra J. Kilgore-Hilton to the Bremerton Housing Authority Board of Commissioners as the Resident Commissioner. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DA.rE SUBMI.rTED: BILL # ___Q_~_~_~3_1___ AGENDA BILL CITY OF BREMERTON 'A CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and adoption of Resolution No.J_~7 ~ approving the 2009 Community Development Block Grant (CDBG) funding recommendations. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 10/22/2008 1115/2008 DCD - Block Grant M. Vila / P. Elliott 360-473-5375 SUMMARY: On May t,\ 2008, City Council approved the 2009 CDBG / HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the program's Citizens Advisory Committees have developed funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the 2009 Annual Action Plan. ATTACHMENTS: 1. Proposed Resolution 2. Staff Memo FISCAL IMP ACTS (Include Budgeted Amount): Pass through HUD funding of an estimated $565,385.00 (CDBG) and HOME ($400,000) -APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR //. COUNCIL PRESIDE& CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOJ\;IMENDED MOTION: Move to pass Resolution No.J~lJ approving the 2009 funding recommendations and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action RESOLUTION NO. 3013 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2009 CDBG/HOME Funding Recommendations. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an interlocal agreement with Kitsap County; and WHEREAS, the City of Bremerton conducts a competitive annual process to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton is required by HUD to establish a Consolidated Plan setting out the community's needs and funding priorities; and a Policy Plan to direct the City's management of its HUD entitlement, including eligibility requirements, application and review processes, and a citizen participation plan; and WHEREAS, the City of Bremerton's 2009 Policy Plan's Citizen Participation Plan establishes a review Citizen Advisory Committee to assist the Department of Community Development by formulating the funding recommendations for City Council consideration; and WHEREAS, all applications undergo a rigorous technical review process consisting of an initial eligibility and application review performed by Block Grant staff, followed by financial review performed by the City Auditor, at which point applications may be disqualified on technical grounds; and WHEREAS, the Citizen Advisory Committee makes a final assessment of all eligible applications through application review, applicant interviews and Committee deliberation and develops funding recommendations based on Consolidated Plan goals, project readiness, and project and agency need; and WHEREAS, the City of Bremerton received thirty-one (31) CDBG grant applications and two HOME applications by the application deadline of July 18, 2008, and the CDBG I HOME Citizen Advisory Committee has reviewed, interviewed and discussed each of the twenty-eight (28) eligible funding requests received and developed a set of funding recommendations; and 1 2009 CDBG/HOME Funding Recommendation WHEREAS, the Citizen Advisory Committee's funding recommendations were posted to the City's website and announced via a legal notice in the Kitsap Sun on September 25, :2008, commencing a 30-day public comment period and inviting the public to participate at the City Council Public hearing on November 5, 2008; and WHEREAS, the Department of Community Development CDBO/HOME staff presents the Citizen Advisory Committee's recommendations to the City Council for adoption, and, if approved will be forwarded to the Department of Housing and Urban Develop.ment in the City's 2009 Action Plan; and WHEREAS, on November 5, 2008 the City Council conducted a public hearing and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2009 CDBG/HOME Funding Recommendation attached in Exhibits A and B is hereby adopted, and will be incorporated into the 2009 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City of Bremerton, Washington this_ , 2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: - ROGER A. l.UBOVrCH, City Attorney CAROL ETGEN, City Clerk 2 2009 CDBG/HOME Funding Recommendation Funding ActivityType AmtRequested Recommended COSG Admin $113,07700 $113,07700 HOME Admin $40,000.00 $40,000.00 $153,07700 $153.07700 Funding ActivityType AmtRequested Recommended COSG C~'pital $42,9~~~____~-9.0~ COSG Capital $60,00000 $000 .----- COSG Ca.pital $75,0~000 $O.~~ COSG Capital $100,00000 $0.00 COSG Capital $7~,61 0~_______~00-2.. COSG Econ Oev $50, 000. Op_________._ $0.00 COSG Capital ~~5,OQ2.00 $18,00000 COSG Capital $27,000.00 $24,500.00 ~-,--_.~--- COSG Econ Oev $7Q,000:.QO $25.000.00 COSG Capital $80,000.00 ___~~OO.OO COSG Ca~__. $100,00000 $60,09.0.00 COSG Capital $250,000.00__. .$100,000.00 COSG Capital $200,000.00 $1 QQ.~~q.9.:QO_ COBG Capital $100,00000 .__ Disqu~fie<!. COSG Capital $100.00000 Retracted $1,368,541.00 $367,50000 2009 Block Grant Funding Requests and Citizen Advisory Committee Funding Recommendations COSG Capital Agency City of Bremerton Oept of Comm Oev City of Bremerton Oept of Comm Dev ProjectTitle Administration Administration (50% to Kitsap County for Admin services) COSG Capital Agency ProjectTitle Archdiocesan Housing Authority.. Max Hale New Carpeting for low income residents _~itY_~J?!.e_n.:!~_~n PW&U Eng--.----.-AOA Sidewalk Access Pro.2!"am City of Bremerton PW&U Eng New Sidewalk Construction KitsapcommuniiyResources.---.---- Weatherization and Related Minor Home Repair ..':l!lited Wa'i of Kitsap C.,5?unty __~==--==-UWKC Non-P!ofit Communi!lf~~e;' .. KCCHA .__________ New Markets Tax Credits Mar~_____..__ .f.!!.~~emerton Parks & Rec Blueberry Park Community Garden P-Patch Improvements Communitas Garland Lane Kitchen Renovation _Kits~p County Community Oev Corp. Small Business Loan Program ~f Sr:.emecton Parks & _Re~_.___~!~anis Park Improvements _Kits8.,E Mental Health Services Resider:'tial and Stabilization Facility Bremerton Boys and Girls Club Bremerton Teen Center ~~t Vincent de. Paul Emergency Shelter for Homeless Women .. ..ISCCti.~.___. Noilwood Public Housing Health and Safety Improvements Kitsap Community Resources Naval Ave Early Learning and Neighborhood Center COSG Public Services Agency ProjectTitle Bremerton Boys and Girls C!':l.~ Program Expenses for After School and Summer Programs City of Sremerton Parks & Rec Summer Playground Program Kitsap Family YMCA Childcare Scholarships RMH Services Untreated Mentally 11/ United W~1.!3.. Kitsap County EI Centro de la Familia WSU Extension Blueberry Park Community Garden P-Patch Coordination J5.i~~p S~xual.As~ault Center Child Abuse Intervent~on _ Holly Ridge Center ~u!ism and Mental Health Behavioral Services Project Literacy Coul}cil of Kitsap Literac}', for Hisp~lc Families YWCA of Kitsap County ALIVE Legal Advocacy _ Washin.~on ~AS~-- City of Bremerton Microcredit Initiative Bremerton Foodhne Agency Salaries 2008 Cathol~ C~mmun~iceS---'''''-- Benedict House Operations Bremerton._Servi~__..__.______ Chuck~~on Meals o_n Wheels Kitsap Community Resources Emergency and Transitional Housing Services Funding COBG COSG COBG COBG COBG COSG COBG COBG COBG COBG COBG COBG COBG COBG COBG HOME Agency Ki!~e Community Resources KCCHA ProjectTitle ._...__~~!tt Tr.!:!,nsitional HousinQ Acquisition and Rehab The Poplars Apartments Loan Paydown ActivityType Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Public Service Funding ActivityType HOME HOME HOME---H'OME Capital Public Service HOME EXHIBIT A AmtRequested Recommended $20,000~g $000 $12,00000 ._.._.~O~ $12,000.00 $0.00 $18,00000 $0.00 $J 5,00000 ._-----.!O.OO.. $101000Q Disqu~!!!:i~ $15, 7~?OO $5,000.00 ~10,0000g $5,50000 $_1 0!.Q90.0Q..____$_~ ,50000 $12,000.00 $7,308.00 ---17."50O:-qO----~6.oo $18,000.00 $11,00000 $20,000.qg '~1"3,"0(i(fQO $22,50_0J>..O _$14,c?'QQ~QQ. $25.000.00 $16,000.00 $227,832.00 $84,80800 AmtRequested $790.518.00 $200,00000 $990,51800 Requested $1,368,541.00 $227,83200 $990,51800 $2,586,89100 Recommended $790,518;QQ. Disqualified $790,518.00 Recommended $367,50000 $84,80800 $790,518.00 $875,326.00 EXI-lIBIT 8 2009 CDBG PROJECT DESCRIPTIONS Administration: Total Requested: $148,800; APPROVED Funding: $148,800 City of Bremerton Department of Community Development - CDBG Program Administration Requested: $113,077 CDBG funds will provide operating costs for overall program administration, including salaries for the Block Grant Program Administrator and the Block Grant Program Coordinator and reimbursement to the City for other costs such as information technology, public information, telecommunications, and any required training and travel. Recommended: $108,800 APPROVED via adoption of 2009 Policy Plan (5/7/2008) City of Bremerton Department of Community Development - HOME Program Administration Requested: $40,000 HOME funds will provide operating costs for overall program administration, including salaries for the Block Grant Program Administrator and the Block Grant Program Coordinator and reimbursement to the City for other costs such as information technology, public information, telecommunications, and any required training and travel. Half of this amount is paid to Kitsap County Block Grant for administrative services provided in relation to its role as HOME Consortium Lead Agency. Recommended: $40,000 APPROVED via adoption of 2009 Policy Plan (5/7/2008) Public Services Proiects: Total Requested: $227,832; Projected Funding: $84,807 Bremerton Foodline - Agency Salaries 2008 Requested: $18,000 CDBG funds will be used to support the funding of 2009 Bremerton Foodline agency salaries necessary to operate the Agency providing an estimated 16,495 food boxes to Bremerton are households in 2009. Recommended: $11,000 Bremerton Services Association - Chuckwagon Meals on Wheels Requested: $22,500 CDBG funds will be used toward the cost of 15,000 nutritious meals which volunteers will deliver to 140 homebound, low-income elderly persons residing in Bremerton. CDBG funds will be used only toward the meal cost. Recommended: $14,000 Catholic Community Services - Benedict House Homeless Men's Shelter Operations Requested: $20,000 CDBG funds will be applied to daily operating costs (salaries, benefits, facility upkeep, and other allowable costs) to provide housing and support services for homeless men, including men with children Recommended: $13,000 Holly Ridge Center - Autism and Mental Health Behavioral Services Project Requested: $10,000 CDBG funds will be used to support 16% of our Community Early Childhood Mental Health Specialist Position and community travel expenses.. Recommended: $5,500 2009 CDBG HOME Pf~O,JECT OI::SCRiPT!ONS Page 1 of 5 EXHIBIT B Kitsap Community Resources - Emergency and Transitional Housing Services Requested: $25,000 COBG funds will be used to provide staff support to Housing Services Programs that serve over 200 Bremerton residents who are homeless, formerly homeless, or at risk of homelessness. Recommended: $16,000 Kitsap Sexual Assault Center - Child Abuse Intervention Requested: $15,732 COBG funds will be used to fund a portion of Child and Family Advocate's salary to provide advocacy and crisis intervention services for 31 children who have been sexually abused and their non-offending family members. Recommended: $5,000 Literacy Council of Kitsap - Literacy for Hispanic Families Requested: $10,000 COBG funds will be used to support our literacy programs for 150 Hispanic students, which include family literacy, English as a Second Language, civics education, and computer literacy. Recommended: $5,500 Washington CASH - Bremerton Microcredit Initiative Requested: $7,500 COBG funds will be used to provide up to 60 low-income individuals with comprehensive micro- business development activities designed to establish, expand or stabilize a micro or small business. Recommended: $7,500 YWCA of Kitsap County - YWCA ALIVE Legal Advocacy Requested: $12,000 COBG funds will be used to partially support the cost of a full-time legal advocate to provide no- cost legal advocacy for up to 250 victims of domestic violence and their children. Recommended: $7,308 Bremerton Boys & Girls Club - After School and Summer Programs Requested: $20,000 COBG funds will be used to support the salaries and program expenses of the Bremerton Boys & Girls Club to provide 300 youth with quality after school and summer programs. Recommended: $0.00 City of Bremerton Parks Department - Family Playgrounds at Evergreen Park Requested: $12,000 COBG funds will be used to provide a free summer playground program for children ages 6-12 and free lunch service for children ages 0-18 at Evergreen and Matan Park neighborhoods. Recommended: $0.00 Kitsap Family YMCA - Childcare Scholarships Requested: $12,000 COBG funds will be used to enable 41 new low-income and very low-income children to participate in Latchkey childcare and summer camp. Recommended: $0.00 RMH Services - Untreated Mentally III Requested: $18,000 COBG funds will be used to cover operating and personnel costs for a volunteer case manager I psychiatric nurse and a part-time janitor, for agency that treats severely mentally ill clients. Recommended: $0.00 2009 CDBG HOME PROJECT DESCRIPTIONS Page 2 of 5 EXHIBIT B United Way of Kitsap County - EI Centro de la Familia Requested: $15,000 COBG funds will be used to pay compensation and benefits for a bilingual public health nurse, two bilingual family health workers, and modest operating expenses for this de-funded public service as it enacts its plan to transition its activities to other agencies, Recommended: 0.00 WSU Extension - Blueberry Park P-Patch Program Coordination Requested: $10,100 COBG funds will be used to employ a half-time community garden coordinator for Blueberry Park P-Patch. Position would manage subscription garden use, and coordinate education programs for youth and families, Recommended: N/A-Disqualified (application incomplete) Capital Proiects: Total Requested: $1,368,541; Projected Funding: $367,500 Bremerton Boys & Girls Club - New Teen Center Requested: $250,000 COBG funds will be used to support the construction of a 7,000 square foot teen center on Mountain View Middle School property to provide youth with a safe and positive place to go during non-school hours, Recommended: $100,000 City of Bremerton Parks & Rec - Blueberry Community Garden P-Patch Improvements Requested: $35,000 COBG funds will be used to enhance the community gardens at Blueberry Park by installing a community notice board, a demonstration garden and p-patch entry arbor, a lending tool shed, raised beds for accessible gardening, perimeter wood fencing, picnic tables, compost bins, mulch paths, soil amendments and signage, Recommended: $18,000 City of Bremerton Parks & Rec - Kiwanis Park Improvements Requested: $80,000 COBG funds will be used to improve the Kiwanis neighborhood park facility by removing and replacing fencing, installing irrigation and plantings to enhance park and streetscapes, and replacing soccer field turf Recommended: $40,000 Communitas - Garland Lane Kitchen Renovation Requested: $27,000 COBG funds will be used to remodel and modernize the kitchen at Garland Land-a group home for developmentally disabled adults. Recommended: $24,500 Kitsap County Community Development Corporation - Small Business Program Requested: $70,000 ' COBG funds will be used to fund personnel expenses and administrative costs and a revolving loan fund to help establish small business in Bremerton. Recommended: $25,000 ':D09 CD8G HOME fJROJE:CT DESCF~IPTIONS Page 3 of 5 fXHIBIT B Kitsap Mental Health Services - Residential and Stabilization Facility Requested: $100,000 CDBG funds will be u.sed to construct a 16-bed facility with office and program space on the KMHS campus to provide residential and short-term (14 day) stabilization services for acutely mentally ill adults. Recommended: $60,000 St Vincent de Paul - Emergency She.lter for Homeless Women Requested: $200,000 CDBG funds will be used toward construction of a new emergency shelter for homeless women, replacing the current, inadequate shelter built in the 1930's Recommended: $100,000 Archdiocesan Housing Authority - New Carpet for Max Hale Center Requested: $42,931 CDBG funds will be used to purchase and install new carpeting for the stairways and common areas at Max Hale Center. Max Hale provides very affordable housing for the formerly homeless as well as low income residents. Recommended: $0.00 City of Bremerton PW&E - ADA Sidewalk Access Program Requested: $60,000 CDBG funds will be used to construct the 24 highest priority sidewalk (wheelchair) ramps as ranked in the City's "ADA Sidewalk Access Prioritization" developed by they City's Disability Action Committee. Recommended: $0.00 City of Bremerton PW&E - New Sidewalk Construction Requested: $75,000 CDBG funds will be used to respond to community needs for safe pedestrian access by constructing high-priority sidewalks in low-income areas. Approximately 500 feet of sidewalk (depending on site) will be built. The project will emphasize improving safely on a school walking route and will be selected in consultation with Bremerton School District. Recommended: $0.00 Kitsap Community Resources - Weatherization and Minor Home Repair Requested: $100,000 COBG funds will be used for 10 low-income Bremerton households which will receive weatherization, minor home repair, and accessibility services to save energy and improve the health and safety of their homes. Recommended: $0.00 KCCHA I Kitsap County NMTC Facilitators I LLC - New Markets Tax Credits Marketing Requested: $50,000 CDBG funds will be used to attract new and existing businesses to downtown Bremerton, including Anderson Cove. The project will meet strategy need E-4.1 of the Consolidated Plan. Recommended: $0.00 United Way of Kitsap County - New Non-Profit Center Requested: $78,610 CDBG funds will be used for renovations to both the inside and outside of the United Way Non- Profit Community Center. Recommended: $0.00 2009 CDBG HONlE PHOJECT DESCRIPTIONS Page 4 of 5 EXHIBIT 8 Kitsap Community Resources - Naval Avenue Early Learning Center Requested: $100,000 CDBG funds will be used for the architectural design and engineering on KCR's Naval Avenue Early Learning and Community Center, to be built on Naval Elementary School property. Recommended: N/A-Agency pulled application prior to interviews KCCHA - Nollwood Public Housing Health and Safety Repairs Requested: $100,000 CDBG funds will be used to make health and safety repairs at the Nollwood Apartments, a 48-unit public housing development. Recommended: N/A - Disqualified (incomplete application) HOME Proiects: Total Requested: $990,518; Projected Funding: $790,518 Kitsap Community Resources - Hewitt Transitional Housing Acquisition and Rehab Requested: $790,518 HOME funds will be used to acquire a six unit apartment complex at ih and Hewitt. Funds will also pay related relocation costs under the Uniform Relocation Act. Any remaining award funds will be used for property rehabilitation. Recommended: $790,518 KCCHA - The Poplars Apartments Loan Pay~Down Requested: $200,000 HOME funds will be used to pay down the principal balance of the existing short term tax exempt bridge loan (residential loan) so that long-term, permanent financing can be obtained. Recommended: N/A - Disqualified (out of area: Silverdale) 2009 CDBG HOME PROJECT Df:SCRIPTiONS Pag," ') of 5 DEPARTMENT OF COMMUNITY DEVELOPMENT f " 1 :,"~~~~~?~r;;~~~~~E~IF:i);1i?i~~;~~~~ I MEMORANDUM To: Bremerton City Council From: Marie Vila, CDBG/HOME Administrator November 5, 2008 2009 CDBG / HOME Action Plan Funding Recommendations Date: Re: The 2009 COBG/HOME funding cycle opened in May, 2008 with Council's adoption of the 2009 Policy Plan, Since that date, Block Grant staff have advertised funding availability, held mandatory technical assistance for potential applicants, held one-on-one technical assistance sessions for numerous interested agencies, and finally, in July, accepted an unprecedented number of applications requesting COBG or HOME funding through the City of Bremerton: for COBG funds alone, the City received nearly $2.6 million in requests for an estimated $452,000 of available funding, This has been the City's most competitive year yet. With economic hardship looming, we anticipate this is the beginning of a trend. Staff has made a concerted effort over the years to establish a documented, transparent, citizen-based process to arrive at funding recommendations, This year we see our efforts pay off: the increased pressure on funds demonstrate that this solid process is indispensible for making solid funding recommendations. Since Block Grant funding has become increasingly competitive, we thought it would be worthwhile illustrating how we arrive at the funding recommendation we present to City Council in preparation for the annual Action Plan for HUO, After applications are accepted, Block Grant staff performs a thorough technical review to make sure all applicants have attended technical assistance, and all applications are 1) complete-incomplete applications are not accepted, and 2) eligible-all proposed projects must comply with HUO regulations, Guide forms are used to ensure the same review steps are followed for each application, Based on this review, applications may be eliminated from competition for funding, For 2009, staff disqualified three applications, They are: WSU Extension, Blueberry Park P-Patch Garden Coordination: incomplete COBG application KCCHA, Nollwood Public Housing Health and Safety Repairs: incomplete COSG application KCCHA, The Poplars Apartments Loan Paydown: Ineligible HOME application (Silverdale) Block Grant staff also conducts an Organizational Capacity review to assess the applicant's ability to carry out their proposed project successfully. Next, the City Auditor performs a Financial Review to assess the applicant's financial capacity to carry out its proposed project and ability to manage Federal funds effectively. The City Auditor also points out concerns and assists Block Grant staff in the understanding of complex financial information. The Auditor can recommend eliminating an application from competition based on his review, but to date, that has not happened. Guide forms are used to ensure the same review steps are followed for each application Finally, the eligible applications are passed to the Citizen Advisory Committees for review, assessment, and formulation of funding recommendations. The Committee also uses guide forms and a variety of tools to ensure each application is considered fairly and equally and assessed on its merits of 1) alignment with community needs as defined in the Consolidated plan, 2) project readiness, 3) agency'capacity (based on staff and Auditor reviews), and 4) agency need. The Committee's assessment includes review of Block Grant staff and Auditor ratings, staff comments regarding Eligibility, Experience, and Compliance, review of Consolidated Plan priorities. The Citizen Advisory Committee then meets with each applicant for an interview. After all interviews are complete, the Committee deliberates and formulates funding recommendations using its best judgment and considering all factors. These recommendations are now being presented to Council for adoption, and will become part of the 2009 Action Plan to HUD. The CDBG/HOME annual Action Plan is the way the City's notifies HUD of how it intends to spend its entitlement funding. HUD expects the City to draw up its Action Plan based on its annual COBG/HOME Policy Plan, which must include a citizen participation component. City Council adopted the 2009 Policy Plan on May 7, 2008 by resolution No. 3057. The City anticipates receiving a 2009 CDBG award of approximately $545,385, plus an estimated $20,000 of program income, for a total of $565,385. A portion of this (20%, or $113,077) was already allocated to program administration through the Policy Plan process. Of the award, 15% ($84,808) is available for Public Service projects. The remainder, $367,500, will be allocated to Capital and Economic Development projects. The City also receives HOME funds-dedicated to addressing affordable housing priorities-through Kitsap County HOME Consortium. The City anticipates receiving a 2009 HOME award of approximately $400,000, plus program income. Staff expects Congress to earmark about $3,500 for the "American Dream Downpayment Initiative". Of the remaining award 10%, or $39,650 (to be shared equally with Kitsap . County) was already allocated to program administration through the Policy Plan process, 15% ($60,000) must be awarded to a Community Housing Development Organization for a qualifying housing related project, and the remainder, about $296,850, will be allocated to other housing related projects. The City will also accept application for prior year unallocated HOME project funds totaling approximately $867,490. The funding recommendation for the unallocated portion of the City's COBG and HOME entitlement is attached here as Exhibit A. A 30-day public comment period, commencing September 25, 2008, was advertised in the Kitsap Sun. Recommendations were also posted to the City's website at that time. Additionally, a public comment meeting was held October 7, 2008, and a public announcement was made at the October 1,2008 council meeting, to inform the public of their opportunity to comment. All comments received from the public will be provided to City Council for consideration. The Draft 2009 CDBG / HOME Action Plan will be presented to City Council for adoption in a public hearing scheduled for November 5, 2008. If adopted, it will be forwarded to HUD for approvaL The 2009 COBG I HOME year commences January 1, 2009. If you have any questions about the program or recommended funding, please do not hesitate to contact me at 473-5375. Staff Memo Funding Recs 20081105; page 2 November 5, 2008 Catholic COMMUNITY servIces OF WESTERN WASHINGTON Kitsap Family Center Phone: (360) 405-9486 1-866-246-3642 Fax: (360) 377-5088 I'RECEIVED. CITY COUNCIL OFflCEn DATE -1..1/ c;-,I oR pj'f)V/de~< t<-f 111s/oo Col-1"c...'1 Hee-li~ 250 South Cambrian Avenue Bremerton, W A 98312 Serving Kitsap County and surrounding areas Marie Vila City of Bremerton Community D~velopment Programs Administrator 345 6th Street, Suite 600 Bremerton, W A 98337 Dear Marie, The purpose ofthis letter is to express our concerns regarding CDBG funding recommendations - the recommendation for Benedict House and how it impact the lives of homeless men and homeless men with children who recognize Benedict house as their primary resource for housing and supportive services. 1. We recognize the requests for funding far exceeded the estimated available Public Service funds and that funding decisions were difficult to make. However, Benedict House is the only emergency and transitional housing for single homeless men in the city and homeless men with children. Without Benedict House III men - 6 men with children would be living on the streets, in campgrounds or abandoned buildings this current year. 2. Benedict House addresses the issue ofhomelessness in Kitsap County and effectively responds to priorities and or objectives identified in the Consolidated Plan for Kitsap County and the City of Bremerton identifies homelessness as a countywide issue in Kitsap County. 3. While we appreciate the recommended funding, it's not enough to support this service right here in Bremerton. CCS will have to make some difficult decisions in order to continue the program. Decisions that will impact staffing - cut in staff hours, cut in staff salaries. Decisions that will impact residents - no respite care, no consideration for residents working grave yard shift. ?:1.J'-cLc{ /,(,/~ (l k;; Change in weekend hours - residents will be required to leave the building at 8 am. 'They can J~~ return at 4 pm. Consideration will be made for severe weather conditions. We ask that you, Mayor Bozeman, the Bremerton City Council and the Citizen Advisory Board explore other options to provide funding for our program so that we can continue to provide housing and support services for Bremerton's homeless men and homeless men with children. At the same time, we would be happy to meet with you to further discuss our concerns. Please feel free to contact me at (360) 405-9486, ext 1 if you should have questions or comments regarding our request.. ~~(;.., "?.L-.,J~~ ~ .hi /., ,{o. ~\Vll r \\0" V . CV l ~,'. ILl ifl.. \8'1lJ . eJ;?' ~ \ ,) /}- /10 {V 1\,....(:;; JlVPI i1J~ . \N \)0\ rJY- VJ \ (\" . a-r. S -'(v . ~ Pat Millen, OSF \'l'\Q., 1 G J-- ^'f;tr? ,/ \e.,' \' D Program Director \J" QJY J)V p; \') ~ . Copy: Denny Hunthausen, Executive Director ?tJ.. "V'v ~~/. vi' Rosemary Owens, Grants Manager ij \.y ~ CP . V Agency of Catholic Community Services of Western Washington, Archdiocese of Seattle f:;~ cf-' << Sincerely, w VlL II~ D ::::.F- United Way Of'" ~l . Kltsap County . <. Visit our web site at: WWW.CCSWW.org CDBG/HOME Public Comments Regarding 2009 Citizen Advisory Committee Funding Recommendations for 2009 Action Plan to HUD BUILDI1'\G COMMUNITY Fc- COlTIlTIUnltas ONE PERSON /\1' t\ TIME September 30, 2008 Marie Vila Department of Community Development CDBG/HOME Programs 345 6th Street, Suite 600 Bremerton WA 98337 Dear Marie, We are excited to hear the Citizen Advisory Committee is recommending our project, Garland Lane Kitchen Renovation. This renovation will increase the quality of services we provide to the six individuals with developmentally disabilities living at Garland Lane. The kitchen renovation will provide better access for the individuals living at the house that utilize wheelchairs. Our employees will have a bright new kitchen to help prepare nutritious meals. The kitchen renovation will also help remain in compliance with Boarding Home standards for food preparations. We appreciate the difficult decisions the Citizen Advisory Committee have had to make and feel quite fortunate to be included in the projects that have received a recommendation. Thank you for considering our project. Sincerely, "1 A~~~~ Executive Director Communitas ~ tel; 360.377.723] 888.844.7231 lfl..'; 360.377.')996 It t tp:/ Iv,.""'''v. com nl u n i tas. org 920 park avenue, bremerton, washington 98337 KITSAP MENTAL HEALTH SERVICES October 1, 2008 Marie Villa, CDBG/HOME Administrator CDBG Citizen Advisory Committee Bremerton City Council c/o Community Development City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Re: Comment Regarding 2009 Community Development Block Grant Recommendations Thank you for the opportunity to comment on the recent recommendations for the 2008 City of Bremerton Community Block Grant awards. ( \ Kitsap Mental Health Services is delighted and honored to be recommended to receive a City of Bremerton Community Block Grant award. Kitsap Mental Health-Services serves the most severely and acutely mentally ill individuals in our county. Our services range from inpatient treatment facilities and outpatient services to case management and temporary and permanent housing. The 16 bed facility outlined in our CDBG proposal for "The Keller . House" will afford 130 seriously mentally ill adults age 18 and over the opportunity to stabilize their mental health before returning to the local community. Additionally, with the number of clients served nearly triple that of 1993 when our services facility was built, The Keller House will also provide much needed program and office space for 30 staff who together serve more than 2,500 of our clients. The recommendation of a $60,000 award is important in two ways, first and foremost to support facility construction, but also because this funding is critical to leveraging additional funding as it demonstrates our own community stands firmly with us in this endeavor. Without the CDBG funds awarded to The Keller House in 2007, we would have been unable to launch this project. It was your local commitment that encouraged Washington state funding and private foundation dollars be awarded to The Keller House. We wish to express our appreciation to the Bremerton City Council and to the Citizens Advisory Committee for your commitment to meeting the needs of people in our community who remain among the most vulnerable of our populations. Sincerely, ~ Joe Roszak Executive Director Page 1 of l Marie Vila From: Phedra Elliott Sent: Tuesday, November 04, 2008 1 :46 PM To: Marie Vila Subject: FW: Comments from the Literacy Council are you keeping the officallist of comments? From: Olga Fedorovski [mailto:ofedorovski@krl.org] Sent: Tuesday, November 04,2008 11:12 AM To: Phedra Elliott Subject: Comments from the Literacy Council Hi Phedra, Thank you again for all of your support for our programs and the entire community! Here is what I would like to say to the City Council: The City CDBG funding is critical for the Literacy Council's services in the community. It enables us to provide educational services to adult residents so they can improve their basic skills and become better parents, employees and community members. 90% of our students are very low income and cannot pay for their education. On behalf of our students, thank you so much for the continued support. Phedra - please let me know ifit sounds OK. Do I need to say more than that? Thank you for your time, Olga Olga Fedorovski Executive Director Literacy Council of Kitsap (360) 373-1539 oftdorovski@krl.org www. kitsapliteracy.org "Read to Open Doors" 11/4/?OOR Comments received at Public Comment Meeting October 7, 2008 ........ " " (..~....~........ 0 KITSAP COUNTY COMMUNITY DEVELOPMENT CORPORATION ",;,.:..,-, .-;.;.' ,',.)<;'''-~ '...Y~1't;,!'''~~'~'' ~;::;~,-,">~<'ti..,~~';',." o~ r."- ''''.(1: -"~~.J<';"/ -;, '!;. ~-:~.~ '. "'~~,, ~-, ~.' c ',. ,->. <-... ,.'-.- October 7, 2008 Marie Vila CDBG Program Coordinator City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337-1873 Marie, On behalf of The Kitsap County Community Development Corporation, I would like to thank the City of Bremerton and the Citizen Advisory Board for showing faith in our program by recommending a $25,000 award. We intend to utilize it to grow the loan fund to serve even more entrepreneurs and create more jobs in Bremerton and Kitsap County. Thank you again. 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