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Home My WebLink About05/05/2010 AGENDA _-_�, i i i i!� r i �.•+, f �� i �j � t �,e ''03r1 C�3 it ��r °{�� CITY COUNCIL 345 6�^ Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 AAAY 5, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Ailegiance B. Invocation 3. MAYOR'S REPORT 4. BRIEFING — Bill Stewart, Executive Director of the Kitsap Economic Development Alliance 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims 8� Check Register B. Minutes of Meeting —April 21, 2010 C. Minutes of Study Session — April 28, 2010 D. Resolution No. 3114 approving Phase I of the Bay Vista Final Plat (known as Bay Vista South) in the area formerly known as "West Park" E. Interlocal Agreement with the City of Shelton for Interim Traffic Signal Repair and Maintenance Services F. Authorize expenditures for Legal Services Agreement with Gordon Thomas Honeywell G. Approval of the SR303/Manette Bridge-Bridge Replacement City Construction Support Cooperative Agreement H. Resolution No. 3116 authorizing the Local Agency Agreement for Pacific Avenue Improvements (6�'to 11�' Streets) 7. GENERAL BUSINESS — There are no General Business items tonight... 8. PUBLIC HEARINGIS) A. Public Hearing and Release of Water Easement for Harrison Hospital B. Public Hearing and Ordinance No. 5111 amending Bremerton Municipal Code (BMC) Title 20 of the Zoning Code relating to Comprehensive Plan/Zoning Code Consistency and Community Facilities C. Public Hearing and Resolution No. 3115 adopting the 2011 CDBG/HOME Policy Plan 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act (ADA) accommodations pr�vided upon request. Those �quiring specia/ accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday pneceding the Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE � INCLUDED IN THE RECORD � v� 1��. � �vz� v ; REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU � ��_�.�....�._. ._��__�.�' ___ .�.... __. _____'._` ,,�y �a`' - 'n �' � ' �'�� j `••_ y� `,� ��nu.ers_E»� a tl � � � �� 'i� I � �V �!, ; -= 't' � ! 1' ' � , ' ,�', � I � f � ' �/ ��\ � � � � /� �' ��. � !f� r �'±� '.i ,� � 'I �`..--� � .. i � �n � �, � � � i� \�"'��->._e w " �.N y� 'i 's - - - - -�= - � - e (� �� J� �I •.�3 _ _ _ " _- _ _ _ _: -.�._. _._ 9"_'_.._...,. �=Y �_...._.e.�.. _1 Moyor Patty Lent � ;��u it .� � �U� : •� eB c y i � PROCLAMATION WHEREAS, water is our most valuable natural resource; and WHEREAS, only tap water delivers public health protection, fire protection, support for our economy and the c{uality of life we enjoy; and WHEREAS, any measure of a successful society - health, economic growth and diversity, productivity, and public safety - are in some way related to access to safe water; and WHEREAS, we are all stewards of the water infrastructure upon which future generations depend; and WHEREAS, each citizen of our community is called upon to help protect our source waters from pollution, to practice water conservation, and to get involved in local water issues; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim May 2-8, 2010 as Drinking Water Week.� SIGNED this 5` day of May 2010. Patty Lent, or , � , Proposal for Bremerton Farmers Market Structure at Evergreen Park Tom Baker 1137 Hewitt Ave Brernerton WA 360-377-7143 ��1 T�A2�' !�J'!I`�Y '3 Zv�o Park �aster Plan o I approached Wyn Birkenthal, Parks Director about the possibility of a permanent shelter at Evergreen Park for the Bremerton Farmers Market. He stated the master pfan would have to be reopened, and was supportive of the concept. 1 L Many Cities Have Permanent Shelters _ . � ; � ; -�� :� Q °� .� • T�e Pasco Farmers p�,sco F.��s� �i�r Market is a simple structure where ' ' vendors sell from _ � '�� ,'� - '� their trucks -, ,. ,r :,�. e-� , �, . _ _ .� ' , Many Possibilities � �'� � e Ct�/ Of Pll�/a��Up�S Pioneer Park Pavilion � E ' � is a multi-use ., - strudure induding the farmers market. • It has roll up doors ` far acce.ss. ,�-. 2 Nash Farms of Sequ�m � �' o Nash Farms of Sequim If "l� '�'�%'�'" - r ` `� does $1.6 mitlion in �.�, ` } � . �'�� `_ . � / � . business yearly and �l' ~ farms 600 acres. �l � �`� � � �' �� s �, u �� Nash Huber, owner, . , , a i • ; �� .�' � �� cr�its his succ�ss over 40 years to farmers markets • Nis business has grown 20% a year since 1968. Some Backgraund Information �� • There are 12 «<,h�� b-� . Farmers Markets � �„�,,,,, ; Farmers Markets in � �� , . � - � ,�;,,,� � Kitsap County �� - � '.��=,`� • In Ki�tsap County �.� ; - � � `_ � �, �� $470 miilion was `�:"�` � spent in 2006 on � 4 � �� food and beverages , �� : � ��= � • Onfy $1.5 miflion �= - � ' was spent on local ��-r� : �:�,:� � � - food 3 Where does your food come from? _ �� • Food travels on the � �.,�{ ' average of 1500 �._�" =--� _- r� mifes to be served. , -�.? � • Why not buy local, - ��g :.=�. ¢� sup�rt local �-�:�-� � "'�� .- .�. .� business and en'o -� l Y ,�,�r• -��, .� - �- �, , � farm fresh foai? �3remerton Faamerq l�iarket --��---- ��,-� x �-----� � `' • Have you vis�ted �he ��' - � Bremerton Farmers ;- ,� P,� �� -, � � Market? _� "` F �� ' ;,; K ,� ' '�` `' _ �'� I� Thursdays, 4- �^ . � -�.� • '� � - _ � �� 7pm , ,� 4�- ` �t • Waming- �metimes , par[cing is limit�l 4 The BFM is Vibrant and � Sustainable �.� ��- -� � �`{ � , � .; � �� _ b �� .�p _ —4 y � M ,� � ' i . � �� a ` ��11 �q r ��a " _ �� ,� � �:. - &,�� , �` �"` , ; '=�� ,�� '� ,�� / �,�' � l � _ i -��f � J� j��. � c � / / , �! . _ �__—! ,.r �i�merton Farmer9l�iarket � • Nearly 4,000 eus�omer visits in 2009 � Gross sales increased 25% from 2008 to 2009 • Vendors —10 farmers —12 craf�ers — 6 o�er foal vendors — 3 non-profits s Bremerton �'armerq 3�iarket ��._ �� `� � � � The current la:ation ` -�=: = � °��Y�; t�kes up valuable . 1.... � � � - �'� parking � � � >,: - �" • Vendors have to set � up and take down ' � tent� weekly � No permanent power CouEd t�e Park Expansion Provide a Lacation far a Permanent Structure? - - _ ------� -� �„��_:;�,.� _ �, ' • The park will be `� 3 •� expanded to the east ��-��` � � � when restoration is �'' r� . �—�-��`°'. .� �.�'-� , � " compieted. � °� ..--�,�..- ��; ._ ; . f_"''" _ -'°'^^^^� "-_ ''"�.�� i: ��, ~� �� • Coufd a permanerrt �.:.� , A s' �`� �� strudure be located ° ��- � here for the farmers .` � market? • Or is there another location 6 Other Considerations • If the Boardwa{k extension is completed, the propos�d structure wouid al[ow events at the north end of the boardwalk • Other uses could be for a band shelter, receptions and similar SUt'Ylt�lat�/ • A permanent s�ructure for the Bremerton Farmers Market would improve the market and business s It could be a muiti use facility . � What's Next? • This presenta�ion is to promote the idea. o The next step is up to the City Council s I)t1'i'C; SU�3tV1tY[°�['��,I3. 5/:i12C31f) 11�1i�l��.� �9�.�. C;I`I'Y t�l-� 13(��;M�;l�'�'�N C�1T�' C',C)t +I�C;IL. s�mumaaonw�ar�r�waaae�mc�namanmgtawoa�amarsmeanara�nnac+oaonaaneonnnuns�ts��mrsu�csmwa�wnanarenmoaaavoaems �[ig�<��+:�:`i"a C;u��nitte� 1��Teeti�is� C��tc,: -__--- C`{JL�i'�dC;ilt;'✓l�,t.?"C'[?�I(.i 1`�,�ic: ��y 5,?O1Q ''` _____� �, C;laixr�s a�, C3�c�ck �c��ist�r C��p�r�,mc.��: I�ia7a�icial ..��rvice �'res�;nte�� t�athy J��hnsa�� _. ___- --.--- ['ht>nc: 473-5? � �) i�li��,Id�': C;��lsent Agerxrla itern. �pprnval c�f cl7ecl:s and �Icctrcyr7ic 1i�tid trar�sfers. ,�"�"�',��;�-tl��i+:�'�'�; Cl�eck Re�iste�•. ��4:'�I, ��l':��"�'� (Inclucic iiudgetec� Aniount): ��'�'�ZQ�`�r��.,�o [�l-�.P��C�TiVf��,N'T' I�Il2�:C;TC)R• C:`1TY f1'I'7'£3��NL:�•: `` d�tN1�N{'F; [)I�Z�:(;`1'(3}2: 1��Yf.31t• - �:{3MNl�TTF?�; C'H�iF� __ o� �� ,.___ , f ::'- — -��_______. - --- C:4�[!N(;tl f't2I�;�C[)F.,I`I'I': ��;� t" -%�:�°,`,��.,� C;C9NSC�,�'+;"C' !�C��.�ND�i : / .. y . c�....�ti____� r �., _ �'`�� 1' � �x�:��:�f��, �� ❑ %� �'� ' t�ti��,tt; s-�rn��N� ❑ ��1��[��',�b �{3'�'tC��l: 1) �:;l�eck �'s 3_;73�ta tl�rou�;h 337785 �nd Li�'I�'s �)7�5 ti�ruu�;h �1�24 in the �rr7caunt c�f `�1,357,612.4�. 2.) RE:�;ul�ir l'��yroll 1�c ��.y �eriod �;z�diti� �4pri} 30, 2U1{? in tlic amount c�t'$759,"733.3G. >) Rctirc�; 1'�yrc�ll [br the pay perit�t� endit��; A�z'il 30, 2()(f) in thc arno�rrrt o1��2,0��.(iS. . ��'Q�tll�i4�'9i, ��t�"�"d��t�: � A��prove ❑ DeY�S� �� `]'abl�; [�} C:o��ti��ac �_.� �I�� lctic�u I�:� i I•. til li\lfl� I I�.I): :�(:F.VD:1 RI1.1. ('I�rl' t)(= [3RE:1�1[:R1'ON c�rrti' c�c�t_.;�c'it_ ......................................................................................., til'RJF:C"T: C'it�� ('��mcil Wcctin� :�linut�s ('��n�mittr� �-1��tin� !)atc: v :� . li�r ntcctin3 ut� t'c �U\l'll. �II:I:'I�IV( i I �:�t�: � a - � -- _ - . - � - �_ � I � ��'� � 2.1 � 2p (Q I)��u•tm�nt: ('itv '( u►iiicil Prescn��r: virk �Vut�furd, , ('uuncil Presi�lcnt I'h�,nc: �3t�U) �73-�250 �U�-I�tiI.aRY: ��ttanc��l is the summary of thc City Council titcctin� hcta f}� (�.I, �� o ��TTACHMENTS: Meeting Minutes for �}P� �� ,�.o l o F ISC�L (MPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C' [TY ATTORNEY: N/A F[NANCE DIRECTOR: N/A i�1 A YOR: N/A ('ON1h11TTEE CHnIR N/A l'OliN('IL PRESIDENT: i C'ONSl:NT AGENDA i ( �ENER;�L E3[,�SINESS ❑ I_P['fiLf(' IfE:1RING (�� iti�:c��,tii��F.�nF� ��io�rio�v: \ I�►� r tc� a��r�� muctin� minutes as ��r�s�ntc�l. ('Ot'�('II.:�("1'1O�': ❑;�E��ruv� ❑ I)�ny I] �fahl� ❑ ('untiiiu� ❑N��.^ctiun DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 21, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 21, 2010, at 5:00 PM in Counci) Conference Room 603 of the NORM DICKS GOVERNMENT CENTER 345 6�' Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members present we�e Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attomey Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A CouNCi� BRiEFiNG was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Ros�er Hennis�an of Apostolic Life Tabemacle. MAYOR'S REPORT Mayor Patty Lent... • Proclaimed Saturday, Apri124, 2010 as the Nationa/ Day of Puppetry, and presented the proclamation to Stanlev W. Hess, Museum Curator from the Evergreen Children's Theater & Aurora Valentinetti Puppet Museum. Mr. Hess thanked the City and explained this in part is in recognition of the 10"' anniversary of the opening of the museum, and also recognizes that puppetry is an intemational art form. He invited members of the public and Council to visit the museum located at 257 4"' Street, downtown Bremerton and open Wednesday through Saturday from 11:00 AM to 4:00 PM; and also the first Friday of each month during the Art Walk event from 5:00 to 8:00 PM. • Welcomed approximately 400 members of the Washington State Council of Firefighters (WSCFF) and Intemational Association of Fi�efighters (IAFF) who were in Bremerton attending a joint educational Seminar at the Kitsap Conference Center this week; • Attended the 2010 Commute Smart Awards ceremony held at the Govemor's Mansion in Olympia where out of the 38 awards, several were in recognition of local programs including the "Employee Transportation Coordinator Champion Award-Voluntary Site° to Leslie Hopkins of the Kitsap County Health District; the "Employee Transpo�tation Coordinator Champion Award- Affected Site" to Charlotte Sampson of Kitsap Transit; and "Employee Leadership" to the Kitsap County Health District, Puget Sound Naval Shipyard, and Propel Insurance; � Presented a proclamation to proclaim May 3 to 7, 2010 as Public Service Recognition Week, on behalf of the employees of the City of Bremerton and Kitsap County Health District; • Introduced Senator Derek Kilmer, who provided a Legislative Briefing. PUBLIC RECOGNITION 8 ANNOUNCEMENTS ` Kurt Weist, Executive Director of the Bremerton Housing Authority (BHA) provided an update on the Bay Vista Development, particularly noting that The Summit apartment building is expected to open for occupancy in late spring of 2011. He also mentioned that the BHA offices once located on Russell Road are closed permanently, and an Open House is planned on Tuesday, June 8 for the new location on Wheaton Way. , Vern LaPrath encouraged the City Council to reconsider minimizing the Council from 9 to 7 members and to prioritize funds for street repairs; and asked the City to consider changing the tra�c signals at several intersections in Bremerton to use a similar signal that was recently installed at Tracyton Blvd. & Bucklin Hill Road that allows a left tum after yielding to oncoming traffic, which would increase the flow of traffic and reduce the amount of time a left turner must wait with their cars idling before. Don Larson attended a Kitsap Trails meeting where they discussed a plan with WSDOT and the Navy to create a walking trail from Gorst to Bremerton; and reported on the annual Sinclair Clean-Up that was held Saturday in Bremerton and Po�t Orchard, noting that this was the 20"' year of the event. City Council Reg. Mtg. Minutes Wednesday, April 21, 2010 Page 2 of 5 CONSENT AGENDA A. Check Numbers 337165 th�ough 337388; and EFT-9750 through EFT-9784 in the amount of $1,982,452.78; and Regular Payroll in the amount of $875,175.06 for the pay period ending April 15, 2010. B. Minutes of Meeting — April 7, 2010 C. Minutes of Study Session — April 14, 2010 D. Reappointment of John Lyall to the Bremerton Housing Authority Board of Commissioners E. 2010 Renewal of Shelter Plus Care G�ant Agreement with Agape Unlimited F. Creation of °CDBG Programs Specialist" position at Pay Band 7 of the City's Professional, Confidential, and Fiduciary Pay Plan to replace at a lower rate the vacant "CDBG Programs Coordinato�' position that is at Pay Band 10 G. Approval of Interlocal Agreement with Kitsap County for City of Bremerton LEOFF I Member Medical Payments H. Grant Easement to Puget Sound Energy (PSE) at Sewage Pump Station S63-Site I. Basic Life Support Services Agreement with Handlers Racing Association J. Authorization to execute and accept quit claim deeds to implement the Boundary Line Adjustment in conjunction with the development of 1 and Pacific Avenue The►�e wer�e no questions or comments from the public... 06:08:35 M/S/C (Arends/Brockus) Move to approve the CoNSENT AGEN�A as presented. Voted in favor of Motion: McDonald, McConnell, Brockus, Runyon, Wheeler, Arends, Wofford Abstained: Robinson, Maupin Motion carried: 7-Yes; 2-Abstentions John Lvall thanked the City and the Council for approving his reappointment and thereby providing him with this opportunity to serve his community. GENERAL BUSINESS 7A — ORDINANCE NO. 5108 IMPOSING LOCAL SALES AND USE TAX FOR UTILIZING LOCAL REVITALIZING FINANCING FOR THE PARK AVENUE PLAZA PROJECT: Barbara Steahenson, Financial Services Director, explained that Revised Code of Washington (RCW) Chapters 39.104, 82.14.505, and 82.14.510 authorize the imposition of local sales and use tax for the purpose of financing improvements within a designated Revitalization Area. The local sales and use tax is credited against the sales and use tax otherwise due to the State, �esulting in no net change in tax to the taxpayer. The City has satisfied all prerequisites to imposing the tax and therefore prior to July 1, 2010, the City intends to incur general indebtedness and to issue bonds to finance the public improvements. The City will retire such indebtedness in whole or in part form the Local Revitalization Financing it receives. There were no comments from the public... 06:14:45 The Main Motion was made and seconded...Council Members then began their discussion... Mr. McConnell thought that the Administration was going to place this project on hold, and was confused that it was brought back to the Council only three weeks later. He still believes the project should be put on hold and therefore would not support this action tonight. Mrs. Arends agreed, even though she thought it was a good project. City Council Reg. Mtg. Minutes Wednesday, April 21, 2010 Page 3 of 5 Mr. Mauuin agreed that this was a good project, but disagreed that the project should be put on hold because he actually thought this was a good time to proceed. Mr. Brockus agreed. Mr. Runvon asked if the project could be delayed. Ms. Ste�henson stated that if the action is delayed, the Council can only act again at this same time next year when the financial climate will be unknown. Mr. Wheeler stated that using conservative numbers and last year's property tax as a baseline, he came to the conclusion that this was a good deal. 06:21:25 M/S/C (WheeleNRunyon) Move to pass Ordinance No. 5108 imposing the local sales and use tax to be credited against the State sales tax for purposes of utilizing Local Revitalization Financing. Voted in favor of Motion: Brockus, Runyon, Wheeler, Maupin, McDonald, Wofford Voted opposed to Motion: McConnell, Arends Abstention: Robinson Motion carried: 6-Yes; 2-No; 1-Abstention 76 — ORDINANCE NO. 5109 AUTHORIZING THE ISSUANCE AND SALE OF LIMITED TAX GENERAL OBLIGATION BONDS ILTG01 FOR THE PARK AVENUE PLAZA PROJECT: Barbara Steahenson, Financial Services Director, summarized that Revised Code of Washington (RCW) Chapters 39.104, 82.14.505, and 82.14.510 authorize the imposition of local sales and use tax for the purpose of financing improvements within a designated Revitalization Area. The local sales and use tax is credited against the sales and use tax othervvise due to the State, resulting in no net change in tax to the taxpayer. The City adopted an ordinance imposing the Local Revitalization Fund Tax to be collected beginning July 1, 2010, and expects to receive not to exceed $330,000 annually. The.City Council deemed it to be in the best interest of the City to borrow money by the issuance of limited tax general obligation bonds in a principal amount not to exceed $9,600,000, and to pledge to the repayment of the proceeds of the tax in order to provide funds to finance the Park Plaza Project; Lions Park renovations; and to purchase and renovate a building to be used as a municipal courthouse and to pay costs of issuing and selling the bonds. Thene wer�e no comments from the public... 06:27:05 The Main Motion was made and seconded...Council Members then began their discussion... Mr. McConnell asked what the annual payment would be for the new amount of $9,600,000. Mr. Brockus stated that at the Finance Committee meeting earlier today, they leamed that the amount would be $632,000 per year, and that is only if the City does not get the $2.2 million grant from the Federal Govemment. Mr. McDonald expressed his excitement over these projects, thought the timing was perFect to take advantage of the lower interest rate, and also had the added bonus of creating of new jobs. Mr. Mauain invited the Bond Counsel to provide further details. 06:42:40 M/S/C/U (Runyon/McDonald) Move to pass Ordinance No. 5109 providing for the issuance and sale of not to exceed $9,600,000 limited tax general obligation bonds of the City to provide funds with which to pay a portion of the costs of constructing a parking facility and Lions Park renovation; providing for the additional pledge of the sale of certain sales and use taxes; and providing for the terms of sale of the bonds. Voted in favor of Motion: Brockus, Runyon, Wheeler, Robinson, Maupin, McDonald, Wofford Voted opposed to Motion: Arends, McConnell Motion carried: 7-Yes; 2-No City Council Reg. Mtg. Minutes Wednesday, April 21, 2010 Page 4 of 5 7C — ORDINANCE NO. 5110 RELATING THE DEPARTMENT OF ECONOMIC DEVELOPMENT: Roge� Lubovich, City Attomey, stated that because the cuRent budget eliminated funding for the Economic Development Department, does the City Council desire this amendment to remove the depa�tment firom the code. There were no comments from the public... 06:44:25 The Main Motion was made and seconded...Council Members then began their discussion... Mrs. Arends was not in favor of deleting this department from the City code; and Mr. Runvon agreed. Mr. McConnell explained that the current position description is not accurate for the type of person the � City would eventually need therefore he thought it would be better to go ahead and approve this action, and then bring the issue back later with an accurate description. Mr. Brockus agreed with this. Mr. Lubovich clarified however that if the position was brought back, it would not be a Department as it is now listed now in the code. Mr. Maupin stated that the Department should be eliminated from the Code now, and the Council could then update the language to match the newly created position when the time comes. 06:50:45 M/S/C (McConnelUBrockus) Move to approve Ordinance No. 5110 relating to the Department of Economic Development. Voted in favor of Motion: Wheeler, Maupin, McDonald, McConnell, Brockus, Wofford Voted opposed to Motion: Runyon, Robinson, Arends, Motion carried; 6-Yes; 3-No COUNCIL MEMBER REPORTS Will Mauoin reported on a recent meeting of the newly formed Parking Committee that will focus on the downtown parking situation; attended a Kitsap Transit Board meeting yesterday where it was determined that paper transfers would still be allowed and the fast passenger ferry; and had the pleasure of attending a luncheon to meet members of the Pumas, Bremerton's professional soccer team earlier today and encouraged the public to attend their opening game of the season at the Bremerton Memorial Stadium on Saturday, May 15. Carol Arends mentioned that she will be attending the PRSC TransPol meeting this week by teleconference. Dianne Robinson was glad to be back after missing a few Council Meetings due to a family emergency. Gres� Wheeler attended the Bremerton Chamber of Commerce Thunder Awards, and participated in the Sinclair Inlet Clean-Up event this past weekend. This Saturday he plans to commemorate the 40"' Anniversary of "Earth Day° by volunteering with the Union Hill neighborhood to complete 40 community projects. Rov Runvon spent the day with the City's Forester Bill McKinney and encouraged other Council Members to meet with Bill and take a similar tour of the City's forest and watershed. Adam Brockus acknowledged the Council's two staff members Lori Smith and Christine Grenier in recognition of Administrative Professionals Day. Cecil McConnell announced the Tacoma Rainiers "Salute to Armed Forces Day" event on Saturday, May 8 at 7:00 PM at Cheney Stadium in Tacoma when the Rainiers will play the Las Vegas 51's. Advanced tickets are $5 and include a reserved seat, hot dog, chips, and soda. Please contact Ryan Latham, Tacoma Rainiers Group Event Coordinator at (253) 722-1041 or rlatham(c�rainers.com. Tickets will also be available on the day of the game for $5, without the meal, and based on availability. City Council Reg. Mtg. Minutes Wednesday, April 21, 2010 � Page 5 of 5 Jim McDonald thanked Senator Kilmer for taking time to meet with him ea�lier today to discuss ideas for imp�oving Bremerton. He also mentioned his attendance at the Annual Arbor Day celebration held last week at Blueberry Park; and reported on the Kitsap County Department of Emergency Management Council Meeting that he attended with fellow Council Member Greg Wheeler yesterday. Nick Wofford explained that he created a Parking Committee with representatives of the downtown area and from the Navy to discuss possible solutions to the parking issues in the downtown area, and once resolved, a new Parking Committee will be organized to handle the residential parking issues. At 7:05, the Council recessed for a 10-Minufe Executive Session to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b); and 20-Minutes to discuss °Pending Litigation" per RCW 42.30.110 (1)(i). There was no action taken... With no further business, President Wofford adjoumed the Council Meeting at 7:35 PM. Prepared and Submitted by: •. , L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg I ):11�1: til iRMI'I"I'l�L): AGEND�� [31L1_ CfTY OF [�REMERTON C'ITY C'OLINCIL .......................................................................................� SUBJF.CT: C'ity Council Meetin� Minutes Committe� \�cetin� Date: N/A ior mcctin� of ('c)UNC'II., MI:E"I"1NG Date: 5, � p �}�Yi ( 2g �� l � Dep �ll'1i17C111: C 'ity �'ouncil �— � Presentcr: Nick Wofford, Council President Phone: (3G0)473-5280 SUMMARY: Attached is the summary of the City Council Meetin� held � P � ZQ � 2 � b ATTACHMENTS: Meeting Minutes for �}-�Y i, 2$ � 2� i b FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C ITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A ('OUNC[L PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PIIBLIC HEARING ❑ RECOIYIMENDED MOTION: �-luvc to appro��e meetin� minutes as presented. C'Ol;\'('II.:�('TION: ❑ Approve ❑ Deny ❑ "fable ❑ ('untinu� ❑ No Act�on DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES April 28, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603 Of th@ NORM DICKS GOVERNMENT CENTER 345 6"' Street Bremerton, Washington, Wednesday, April 28, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne � Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Legislative Assistant Lori Smith was present to provide staff support. President Wofford emphasized that the Study Session was open to the public, however 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 PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the May 5 Council Meeting Agenda for action: 1. Proposed resolution approving Phase I of the Bay Vista Final Plat (known as Bay Vista South) in the area formerly known as "West Park" — Allison Daniels, Community Development; and Greg Wheeler, Planning Committee Chair Consent Agenda 2. Interlocal Agreement with the City of Shelton for Interim Traffic Signal Repair and Maintenance Services — Michael Mecham, Interim Public Works & Utilities Director; and Dianne Robinson, Public Works Committee Chair Consent Agenda 3. Proposed public hearing and Release of Water Easement for HaRison Hospital — Michael Mecham, Interim Public Works & Utilities Director; and Dianne Robinson, Public Works Committee Chair Public Hearing B. BRIEF/FULL DISCUSSION PLANNED 4. Authorize expenditures for Legal Services Agreement with GoROOtv THOnnAS HoNEYVVE�� — Roger Lubovich, City Attomey; and Adam Brockus, Finance Committee Chair Consent Agenda 5. Proposed public hearing and ordinance amending Bremerton Municipal Code (BMC) Title 20 of the Zoning Code relating to the Comprehensive Plan2oning Code Consistency and Community Facilities — Nicole Ward, Community Development; and Greg Wheeler, Planning Committee Chair Public Hearing 6. Proposed public hearing and resolution adopting the 2011 CDBG/HOME Policy Plan — Marie Vila, CDBG Program Administrator; and Greg Wheeler, Planning Committee Chair Public Hearing 7. Approval of the SR303/Manette Bridge — Bridge Replacement City Constnaction Support Cooperative Agreement — Michael Mecham, Interim Public Works & Utilities Director; and Dianne Robinson, Public Works Committee Chair Consent Agenda 8. Proposed resolution authorizing the Local Agency Agreement for Pacific Avenue Improvements (6�'to 11�' Streets) — Michael Mecham, Interim Public Works & Utilities Director; and Dianne Robinson, Public Works Committee Chair Consent Agenda C. GENERAL COUNCIL BUSINESS 1. Briefings were provided by Council Committees Chairs. City Council Study Session Minutes Wednesday, April 28, 2010 Page 2 of 2 With no further business, President Wofford adjoumed the Study Session at 6:10 PM. Pre ared and Submitted by: i LO I SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg � DATE SUBMITTED: Apri121, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� IVo� 3i� 4 SUBJECT: Resolution approving Phase I of Committee Meeting Date: Apri128, 2010 the Bay Vista Final Plat (known as Bay Vista COUNCIL MEETING Date: May 5, 2010 South) in the area formally known as"West Department: DCD P�'k"• Presenter: Allison Daniels Phone: 473-5289 SUMMARY: The action before City Council is to approve Phase I of the Bay Vista Final Plat. The Council previously took action on this project by approving the Bay Vista Sub-Area Plan through Ordinance 5077 in February 25, 2009. Preliminary Plat approval was granted by the Administrative Hearings Examiner in July 9, 2009 for the subdivision of 82 acres. This proposal is for only a portion of the subdivision and will grant final approval for 8 acres which include �ib lots, 5 associated open � space tracts and Right-of-Ways. 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) Staff Memorandum with Sub-Area Plan Conceptual map (2) Proposed Resolution granting Final Plat approval for Phase I with Exhibit A(Site Plan Layout) j�, 311 � -� FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: � MAYOR: COMMITTEE CHAIIZ COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to adopt Resolution No.3 �� pproving Phase I of the Bay Vista Final Plat and authorizing the City Council President to sign the�nylar. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action r��awn x.s�^wn.r.•,.e �a�a„ , m- ;e° �z�«s•,�1,h�>a°�'"/�y; 9 ,,, :,, -, �."t,A,.,,.";;�..�m,»,�,�'.+�"°��..�w.�s�.w'....�,.�, .o�" , �".. `, � � '� � ` �°'� ` ��°�`��`�� DEPARTMENT OF �` '� `:u>, s. ' �, � a,� � "�� 'P"; �°` _ '� `� � ' �s' �.�,� �° � :;� COMMUNITY DEVELOPMENT � _ �` � � `',, ��s. - ,� F. �,.�� PS �� ::�� $ �':; M E M O RA N D U M . . . ...� ..� .:� ..,�:��mµ :,� � , y , y To: Cit�r Council From: Ailison Daniels, City Planner� Date: April 20, 2010 Subject: Final Plat Approval for Phase I of Bay Vista (known as Bay Vista South) SUMMARY: The action before Council is the Final Plat Approval for a portion of the Bay Vista Plat. This phase, known as Bay Vista South, includes 46 lots with 5 associated open space tracts and Right-of-Ways. 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 Bay Vista Sub Area Plan. BACKGROUND INFORMATION: The Bay Vista Sub-Area Plan was approved by City Council with Ordinance 5077 on February 25, 2009. Attachment I is a concept sketch from the Sub-Area Plan showing the intended location and design of the project. Following the Sub-Area Plan the project received Preliminary Plat approval on July 9, 2009 from the Administrative Hearing Examiner. This approval stipulated that final approval would be granted only when specific conditions were met; such as infrastructure improvements (roads, sidewalks, street lighting, utilities, and landscaping). 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 required 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. ATTACHMENTS: • Attachment I— Phase 1 Site Plan Layout Figure A•2 — Land Use Plan f � � 4 I ' �'o W � �, � , 1 � 1 r � - ( `` di � �. � I ! \ Y �' � ' \ �+ ;. � °� 1 - � , � �I � a, ' j �@� / � �� \. ��. �. � _ .� � , < � � � \ � � � �� o en .� a,o. ;�� i 1 � �i � LEGEND '�.,� � Q Low Density � Residential C � Q Med. Density ` D Residential \ �i f tr � High Density ' � Residential �, � t � • - Village Commercial !+ f f � Commercial • E , • � ; ! i- t y 0 Mixed-Use l ,� h � � �,f Q Mixed-Use2 � ��" � �^• - Open Space , Q Existing Building Attachment I - Sub-Area Plan Concept Plan � ' February 11, 2009 . Planning Commission Recommended Draft '�" -'' - Phase I(Bay Vista South) RESOLUTION NO. � ( � - ` A RESOLUTION of the City Council of the City of Bremerton, Washington, approving Phase I of Bay Vista (known as Bay Vista South) Final Plat (File No. BP10-00008). WHEREAS, On February 25, 2009 the City Council passed Ordinance No. 5077 granting approval of the Bay Vista Sub-Area Plan; and WHEREAS, On July 9, 2009 the Administrative Hearings Examiner granted Bay Vista Preliminary Plat approval after holding an open record public hearing to subdivide 82 acres, with associated open space tracts, and Rights-of-Ways; and WHEREAS, Applicant is requesting Final Plat approval of a portion of the Bay Vista preliminary plat known as the Bay Vista South Final Plat consisting of approximately 8 acres that includes 461ots with 5 associated open space tracts and Rights-of-Ways; and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met; and WHEREAS, the City Engineer and DCD Director recommend approval of the Bay Vista South Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Bay Vista South Final Plat as represented by the schematic drawing in Exhibit A(Site Plan Layout) is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severabilitv. If any one 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. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:�I.egal�I.egal�Resolutions\Community Development\14 Final Plat Resolurion.doc i � � . na�• � i g� LOi1Q 'p� 1 � � ; � , ��. �� __ �� _________ � �•—•J ' � g � { .se,ss�,� � � i :saad" wr.r.o��. n.w• ^> 1 ---------- 8 �i $ g� I � � '� �i � 1p7 N s Attachment I- Phase I Site Plan Layout °� � � V I �� r �.� � � M � y�► �ozse��_ �s. • � �o.u• � � t �. _ . _ . �. ---'T I ' I �I * I g �or u i� o� ; I �1 �� I' F ( �_.�E..J�iY __ �rcl 1 <�I _ i � _ tor� y �� N89V7tB'w 225.19' ! s � a �, m '4 's'.ao Y' ila 4'Tdb �'x — w �<+ �� w�sm I j LOT J6 � I I 1 L � ^ �eeasiet iaee' � U � � i i i i i �b W . a�s�vw- � �� $� �� 81 �� I � / q � �� r� �� ; �; i �� g� �� LpT �r . �� ° ,ti i� i i i � S 6 is` I i / J �� , ` `+ `�i'� 6 � '� � � � � f WTJD� s �'�� I � � / � y � ,y � � LOT I I I � ( ��i ` �Or � sno��+'1 "'�"� � I � I 1 LoT.IE I I I �~ � �� p �y snnr� "�o-n.��io � � n 1 I � � � ro � ( b—� nsr x'i Yb. �ma � '� .�--� – 6 I / 9"� ��$ 5 �-}�rar� �` amwavt +nm' AMtA! s1I1BT � � � R\ � � `A 0 .n aro sesorze - � wsr _ � . � � � . s�oII �— — — ]tass' _ iis.BY \�� Ms � � � (�� Lof p9 �� t ri.� � S I I � � I V" a.axaoo _1 I _�� .� � � 34� �� i w�'s° N � ��I�"' � ° 1 I � I � — — �.a�rsrw I ��y �Qw p j wn�im��3 �� q� I I tvXl R 1 \�C a�r �� d� �$ � wr ss i�o� rsi S s� �� gffii g� i +'�' �\ � i� � i s T t � L i ` � / '°f^ r, �� r �1 � �I ^I ^I �I @ t0i K 1 ?'�,�� t0ia7��' �� ' �' �� P �..� �\ � � ` � � �u.�a°o i i � � � � � I � amxx��m� . � � �.'� �$ �a ��;y ��+��+b+� .L - �-- - �'1� -- � -,• 'l��,�+ � YE � 18�' : _ � I < � '� � �^" �� cor ra 3 .q � - - sa�^—Y' - �rsr- Y �s � � � 1 • q � � ar � �� a �� i i .bum i i Y �u a �� s wuTM �" i� �' Fj �w' � 1_mra»et m,s-- g I ��- ��.� �� r �� JJ� ��. ��.� � ?� o �� e.��nrao- �� j� wr r� �i tor �a ' ior re �� i � wr n a� � '1 � � O I ♦ �1 � � �an � u � � � � I °'ev.si' �q � ig o � I 'Gy ..o�'m' ti ,+ i i S rt + �.¢.�. _ �N' ZP+S �i .` � � `` .� � M �° 01 �„�,,,. 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N899YYB'W 119A5'� _��_�__ I , \ � � \ �° .+1 � I `� 9 � \ S'p �d� � j � rrmm I � I • � `$ � j �. y ��; o e � i� � � g a��nr I p �or a \ `'_ ` �. 6 �'si� ¢ w.a �• � �'s+t_ffi.r___ I �,, 3tlm � i ` \ � ��ro,.,rssi��: '� � �u ��----- wrs \ � � � a.�s $ ( � I � /� ��uit R ' I '° � ♦ sxn�+s � _.b _�3�3_ffiLs -- � � 1 \ � � � �iOT � � � I � �/ �'' 1^�e.� R.3200 \ sffinffi 1r11.02 LOT � � � �� ` s b s, i \ � 0 .. . ► • �' axaM \ �(wrCq `��' x7 TnrnSfii—ua'__ I � � A f/ �\ � 4 � Mffiw \ ` � � : � � �B7 7RAG7 A sxtear � � \� w,Y � `� m� ��•I DATE SUBMITTED: Apri121, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Approval of Interlocal Committee Meeting Date: _ Apri128, 2010 Agreement with the City of Shelton for COLINCIL MEETING Date: May 5, 2010 Interim Tr�c Signal Repair and Department: PW&U Maintenance Services. Presenter: Michael Mecham Phone: 473-5315 SUMMARY: The City of Shelton currently has an existing Traffic Signal Maintenance Agreement with the City of Bremerton and has determined that cancellation of the agreement is in the best interest of the City. Shelton currently has the necessary ability to perform routine and on-going maintenance of its traffic signals. Since Shelton will require assistance occasionally, the City is asked to provide interim support on an on-call basis. Bremerton has performed maintenance on Shelton's tr�c signals for many yeazs and has an excellent working relationship with Shelton staff. Shelton's infrastructure is known and understood by Bremerton staff, and any work done would be fully paid for by Shelton. ATTACHMENTS: 1. Intergovernmental Agreement. � FISCAL IMPACTS (Include Budgeted Amount): Fiscal impacts are unknown at this time as this is an on-call agreement without scheduled maintenance or repairs. Proceeds from work performed under this agreement will be deposited in the "miscellaneous revenue" of the 102 fund. APPROVALS: DEPARTMENT DIRECTOR: . CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: . c t COMMITTEE CHAIR , ' 4b�' COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Interim Traffic Signal Repair and Maintenance Services between the City of Shelton and the City of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COiJNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action After recording, return to: Citv of Shelton—Public Works Department 525 W. Cota Street Shelton, WA 98584 INTERGOVERNMENTAL AGREEMENT FOR INTERIM TRAFFIC SIGNAL REPAIR AND MAINTENANCE SERVICES This is an Interlocal Agreement (Agreement), dated this day of , 2010, by and between the City of Bremerton, a Washington City (Bremerton), and the City of Shelton, a Washington City (Shelton) and collectively referred to as the "Parties." In consideration of the mutual covenants and conditions hereinafter provided, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, it is agreed as follows: RECITALS WHEREAS: Shelton has recently acquired the ability to perform routine and on-going maintenance of its traffic signals, and determined that cancellation of the existing Traffic Signal Maintenance Agreement with Bremerton was in the best interest of the City; and, WHEREAS: Shelton will still need assistance when work-load issues reyuire or when reyuired repairs are outside of the current certifications of City staff; and, WHEREAS: Bremerton previously provided all traffic signal maintenance for Shelton and is willing to provide interim support on an on-call basis; and, WHEREAS: Shelton is evaluating its long-term needs for support services and the most cost effective way to acquire those services. Now, THEREFORE it is agreed between the Parties as follows: 1. Bremerton shall provide equipment, personnel, and service to repair or maintain Shelton's traffic control signals and their components on an on-call basis as requested by the Shelton City Engineer. 2. After receiving an invoice from Bremerton setting out the cost of equipment, personnel, and supplies or parts, Shelton shall remit payment to Bremerton within thirty (30) days.. 3. Bremerton shall charge "outside rates" in the amount of $80.00 (eighty dollars) per hour, per dispatched representative, commencing at the time equipment is first loaded into Bremerton vehicles, and ending at the point where the Bremerton representative arrives back in Bremerton. 4. Bremerton shall charge established equipment rates and will invoice Shelton for procured repair parts, plus a 10% (ten percent) restocking fee. 5. Bremerton shall provide on-call maintenance and/or repair services to Shelton 24 hours per day, 7 days per week. Response to service requests shall be handled in a timely manner, with consideration given to the urgency of a request and the potential for unsafe conditions. 6. Bremerton has the right to refuse to repair any signal or component based on unsafe conditions, but shall immediately notify the Shelton City Engineer of such refusals, so that the unsafe condition can be promptly addressed. Traffic Control System Interlocal Agreement Page 1 of 2 7. Shelton may terminate this agreement at any time, for any reason, but following termination shall compensate Bremerton for any unpaid work performed prior to termination. Bremerton may terminate this agreement with thirty (30) days advance written notice to Shelton. 8. None of the parties shall be liable nor deemed to be in default for delay or failure in performance under the agreement or other interruption of service or employment resulting, directly or indirectly, from acts of God, civil or military authority, acts of the public enemy, terrorism, bomb threats, computer virus, epidemic, power outage, acts of war, accidents, fires, explosions, earthquakes, floods, failure of transportation, machinery, or supplies, vandalism, strikes ar other work interruptions by the employees of any party, or any other cause beyond the reasonable control of the party affected thereby. However, each party shall utilize its best good faith efforts to perform under this agreement in the event of any such occurrence or circumstance. 9. Shelton shall defend, indemnify, and hold Bremerton harmless for all claims for damages arising out of alleged fault, misconduct, or negligence by Shelton. Bremerton shall defend, indemnify, , and hold Shelton harmless for all claims for damages arising out of alleged fault, misconduct, or negligence by Bremerton. Both parties waive industrial insurance defenses under RCW Title 51 for purposes of this indemnity clause. 10. This agreement shall be governed for all purposes by the law of the State of Washington. The venue for any action arising under this agreement shall be in Mason County, Washington, unless otherwise mutually agreement in writing by the parties. 11. No amendments or variations of the terms and conditions of this agreement shall be valid unless they are in writing and signed by all of the parties thereto. 12. This agreement shall be enforced to the fullest extent permitted by applicable law. If any term or provision of this agreement is held to be invalid, illegal, or unenforceable by a court or other governmental authority of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this agreement, which shall remain in full force and affect. 13. This agreement shall become effective immediately upon execution and shall expire on June 30, 2010. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement the date first above written; City of Shelton: City of Bremerton: Steve Goins, Shelton Public Works Director City of Bremerton Approved Authority, Signature and Title Vicki Look, Shelton City Clerk Bremerton City Attorney Bremerton City Clerk Traffic Control System Interlocal Agreement Page 2 of 2 DATE SUBMITTED: Apri119, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Authorization to retain legal Committee Meeting Date: April 28, 2010 services. COLTNCIL MEETING Date: May 5, 2010 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SI;fPvIMARY: The City Attomey's Office employs outside legal counsel to assist in the representation of the City of Bremerton in specialized areas. Gordon Thomas Honeywell assists in representing the City with issues related to a contingent loan agreement entered into with the Kitsap County Consolidated Housing Authority. On August 21, 2009 the City Attomey's Office entered into a legal Services Agreement with Gordon Thomas Honeywell. Staff anticipates that expenditures may exceed $25,000 and therefore is asking for council approval to continue retaining their services. ATTACHMENTS: Legal Services Agreement with Gordon Thomas Honeywell executed on August 21, 2009. FISCAL IMPACTS (Include Budgeted Amount): Professional Services are currently budgeted in the City Attomey's budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ' � MAYOR: , COMMITTEE CHAIR � COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to authorize expenditures exceeding $25,000 to Gordon Thomas Honeywell for legal representation relating to a contingent loan agreement entered into with the Kitsap County Consolidated Housing Authority pursuant to the Legal Services Agreement executed on August 21. COIJNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action .. � GORDON THOMAS HONEYWELL `� Donald S. Cohen ° Direct: (206) 676-7531 E-mail: dcohen@gth-law.com August 20, 2009 Roger A. Lubovich City Attorney City of Bremerton 345 - 6th Street, Suite 600 Bremerton, WA 98337 R E: Lega/ Services qgreement Dear Roger: As I mentioned on our call, this will serve as our legal services agreement. Let me say once again how much 1 appreciate working with the City of Bremerton. We want to express our enthusiasm about the opportunity to serve you and emphasize our desire to provide you with the highest quality and most efficient legal service. The general character of the services you have asked us to pertorm is to provide legal advice and representation in the Kitsap County Housing Authority condominium project matter. I will serve as your primary contact at our firm. We may use other personnel as needed, but I assure you that we do not unnecessarily assign personnel to a case. Our policy regarding work assignments is described further on the enclosed "Billing and Fee Arrangements" attachment. Our fees will be based on the time spent on your behalf, plus reimbursement of out- � of-pocket expenses. My hourly billing rate on this matter during 2009 will be $335. Paralegal assistance will also be utilized as appropriate. Paralegal hourly rates range from $75 to $130. All hourly billing rates are reviewed and subject to adjustment at year end. My hourly rate will increase to $350 effective January 1, 2010. Further details on our fee and cost arrangements are set out in the enclosed Billing and Fee Arrangements Reply to: Seattfe Office Tacoma Office 600 University, Suite 2100 (206) 676-7500 1201 Pacific Ave., Suite 2100 (253) 620-6500 Seattle, WA 98101 (206) 676-7575 (fax) Tacoma, WA 98402 (253) 620-6565 (fax) Law Offices � www.gth-law.com [203635 vl.docJ _� �� QPY Gordon Thomas Honeywell �� August 20, 2009 � Page 2 memorandum. While we cannot "guarantee" any particular result on any given matter, we do commit to use our best professional efforts on your behalf. If the information in this letter is acceptable to you, please sign below and return the original to me. A copy is enclosed for your files. A full and candid communication about all aspects of our work for you is essential. If at any time you have questions, please contact me immediately. Thank you again for selecting our firm. We look forward to working with you. Sinc , - " °��` Donald S. Cohen � � �~- DSC%kha Attachment Approved and Accepted: CITY OF BREMERTON By Ro r A. Lubovich City Attorney Date: T �l''�tF c� T"' Z!. 'LOU � �203635 vl.doc� Gordon Thomas Honeyweil «o August 20, 2009 Page 3 GORDON, THOMAS, HONEYWELL, MALANCA, PETERSON & DAHEIM Billing and Fee Arrangements Understandin�. We are pleased to have the opportunity to serve you. Our aim is to provide the highest quality and most efficient legal services possible. Experience has shown that our relationship will be stronger if we start it with a mutual understanding about fees and their payment. Unless our engagement letter alters these arrangements, we will assume that these terms are acceptable to you and that they will also apply to future matters on which we can be of service to you. Fees. Our fees will be based primarily on the amount of time spent by lawyers and paralegals, and in some instances by law and document clerks, subject to certain adjustments. Each lawyer and paralegal in our firm has an hourly billing rate, and the rate times the number of hours spent on a project is the initial basis for determining our fees. Current hourly billing rates for lawyers in the firm range from $110 to $400 per hour. Legal assistant rates are $75 to $130. Our general schedule of rates is usually revised annually. Work Assignments. The lawyer you deal with primarily may assign parts of your work to other lawyers or other personnel in the office under his or her supervision, and may use other firm lawyers where specialized help is needed. The supervising lawyer will continue to be responsible to you for the entire assignment, however, and will be available to discuss the use of other personnel with you. It is our practice to assign tasks among lawyers, paralegals, law clerks and document clerks in such a way as to produce the highest quality of work at reasonable expense to you. Disbursements On Your Account. Statements will normally be rendered monthly for work done in the previous month, covering and identifying time spent and services rendered, as well as disbursements and other charges. These disbursements and charges include items incurred and paid for by us on your behalf such as long distance telephone charges, special postage, delivery charges, telex or telecopy charges, travel, photocopying, and use of other service providers such as printers or experts, if needed. In litigated matters, we include payments we must make for process servers, court reporters, witness fees and so on. We also make separate charges for the use of "Westlaw" or "Lexis," which are computerized legal research systems that in our experience significantly reduce lawyer research time. Except for specialized word processing services, we normally do not make a separate charge for stenographic or word [203635 vl.doc] Gordon Thomas Honeywell August 20, 2009 � Page 4 processing work unless there is an unusuai situation arising out of your needs that requires overtime staff work. We may request that large disbursement items (in excess of $500) be billed directly to you for payment. Pa�ment. Payment will be due 30 days after the date of our statement. If we do not receive comment about the statement within 30 days of the statement date, we will assume you have seen the bill and find it acceptable. Statements unpaid within 30 days will be subject to a late charge of 1% per month (12% per year) on the unpaid balance commencing from the date of the statement and continuing until paid. Payment should be made in U.S. dollars, in checks or drafts payable to Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim. uestions. If you have questions about any aspect of our arrangement or our statements from time to time, feel entirely free to raise those questions. It is important that we proceed on a mutually clear and satisfactory basis in our work for you. We are open to discussion of all of these matters, including the amount of our statements, and we encourage you to be frank about them. (203635 vl.doc] DATE SUBMITTED: Apri121, 2010 - AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■��o�� SUBJECT: Committee Meeting Date: April 28, 2010 Approval of the SR 303/Manette Bridge – COLINCIL MEETING Date: May 5, 2010 Bridge Replacement City Construction Department: PW&U Engineering Support Cooperative Agreement Presenter: Michael Mecham Phone: 473-5288 SUMMARY: As part of the Manette Bridge Replacement project the Washington Department of Transportation (WSDOT) seeks City assistance for construction oversight and inspection support on a request basis, and waterline replacement connection assistance. The WSDOT seeks to formalize this in the attached agreement. ATTACHMENTS: 1. GCA-6463 - SR 303/Manette Bridge – Bridge Replacement City Construction Support Agreement. ' FISCAL IMPACTS (Include Budgeted Amount): Reimbursement from the Washington State Department of Transportation totaling approximately $65,500. APPROVALS: DEPARTMENT DIRECTOR: G�'i�°–� CITY ATTORNEY: FINANCE DIRECTOR: � --��- MAYOR: c � ` COMMITTEE CHAIR ', �' COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the SR303/Manette Bridge – Bridge Replacement City Construction Support Agreement and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action GCA 6463 SR 303/Manette Bridge — Bridge Replacement , City Construction Support This Agreement is made and entered into between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 3027 Olympus Drive, Bremerton, WA 98310, hereinafter the "CITY." WHEREAS, RCW 47.17.960 requires that the STATE retain continuing responsibility for structural maintenance, repair, and replacement of the substructure, superstructure, and roadway deck over certain bridges within the state of Washington that are not a part of the state highway system, with the Manette Bridge being one of those bridges, and WHEREAS, the STATE has designed a project to replace the Manette Bridge within the CTi'Y corporate limits enritled "SR 303lManette Bridge Bremerton Vicinity — Bridge Replacement," hereinafter the "Project," and , WHEREAS, the STATE will be the lead agency for the construction of the Project, but CITY staff will be involved in the construction process, at STATE expense, as further provided herein, NOW, THEREFORE, pursuant to RCW 47.28.140 and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits A, B, and C, which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. CITY BRIDGE APPROACH iNSPECTION 1.1 The CITY has reviewed and concurs with the STATE's Project plans and specificarions. 1.2 The STATE has and retains primary Project inspection and contract administration authority over the canstruction of the Project. The STATE authorizes the CITY and further agrees to pay the CTTY for the CITY's additional construction inspection of the bridge approach areas to verify that the construction is in conformance with the Project's plans and specifications. The CITY will identify in writing to the STATE items that are not constructed in conformance with the Project's plans and specifications. The CITY and the STATE agree to work together to resolve non-conforrning items to bring them into compliance with the Project's plans and specifications. The STATE shall pay the CITY a maximum amount of Four Thousand Dollars ($4,000.00) for said CITY bridge approach inspection services. Payment for this Section 1.2 shall be pursuant to Section 7. GCA 6463 Page 1 of 6 1.3 The CITY agrees that all CITY performed inspection work over the maximum payable amount of Four'Thousand Dollars ($4,000.00), as described in Secrion 1.2, shall be at the expense of the CITY. 2. CITY CONSTRUCTION SUPPORT SERVICES 2.1 The STATE may reyuest, and the CITY may provide, CI1'Y construction engineering support services for the Project, such as: providing ongoing Project review, coordination with CITY services, and expert advice regarding design and/or construction details. STATE requests may be either written or verbal, and the STATE agrees to reimburse the CITY for one hundred (100%) percent of its actual direct labor and direct non-labor costs for said construction support services. The STATE shall follow up verbal requests with written requests within 24 hours. The Parties agree that any services provided by the CITY without a STATE written or verbal request shall be at the CITY's expense. The estimated amount payable for construction support services is identified in Exhibit A. Payment for construction engineering support services shall be pursuant to Section 7 of this Agreement. 3. CITY WATERLINE CONNECTION 3.1 The STATE agrees to pay the CITY for required waterline connection work caused by the Project. A cost estimate of t}ie CITY waterline work for labor and equipment is shown in Exhibit B. A Project plan showing the locarions of CITY waterline connections is shown in yellow on Exhibit C. Payment for waterline connection labor and equipment shall be pursuant to Section 7. 3.2 The STATE's Project shall excavate around the waterline connection points, install shoring, clean the exterior of the waterline where the CITY connections are to be made, backfill, remove the shoring, and complete pavement restoration in its ulrimate configuration. 4. CITY PROVIDED MATERIALS 4.1 The CITY shall provide the STATE certain Project materials to be installed by the STATE during the Project's waterline construction. T'he CITY shall provide to the STATE a Certification of Materials of Origin, a Bill of Lading, and a Paid Lnvoice for the waterline materials to be provided. The STATE shall reimburse the CITY for its costs associated wit� the procurement of the waterline materials pursuant to Section 7. An itemized cost estimate associated with the procurement of the waterline materials is identified in Exhibit B, City Provided Iviaterials. 5. STATE's CONTRACTOR COMUNICATION 5.1 The CITY agrees that all contact between the CITY and the STAT'E's contractor shall be through the STATE's representative. The STATE's representative shall have final authority for any and all decisions affecting the STATE's Project contract. GCA 6463 Page 2 of 6 6. REPRESENTATIVES 6.1 The STATE's Project manager for the STATE's contract is: Brenden Clarke Port Orchard Project Engineer 8293 Spring Creek Road SE Port Orchard, WA 98367-8192 360-874-3000 Fax — 360.874-3003 6.2 The CITY's representative for CITY work to be performed as described in this Agreement is: Larry Matel Managing Engineer 3027 Olympus Drive Bremerton, WA 98310 (360) 473-5342 7. PAYMENT 7.1 The STATE, in consideration of the faithful performance of the CITY's Project inspection services as described in Section l, agrees to reimburse the CITY for its actual direct labor and direct non-labor costs up to the maximum amount as described in Section 1.2. 7.2 The STATE, in consideration of the faithful performance of the CIT'Y's construction engineering support services as described in Section 2, agrees to reimburse the CITY for its actual direct labor and direct tton-labor costs. 7.3 The STATE, in consideration of the faithful performance of the C1TY's waterline connection work described in Section 3 and as shown in Exhibit C, including Project materials provided for the waterline construcrion as described in Section 4 and estimated in Exhibit B, agrees to reimburse the CITY for its actual direct labor and direct non-labor costs. 7.4 The C1TY shall provide detailed progress invoices to the STATE to cover the costs incuned pursuant to Sections 7.1, 7.2, and 73. The STATE agrees to make payrnent within thirty (30) calendar days from receipt of an approved invoice. Invoices shall not to be more frequent than one (1) per month. 7.5 The Parties agree that a STATE payment will not constitute agreement as to the appropriateness of any item and that at the time of the final invoice, all required adjustments will be made and reflected in the final payment. 7.6 No administrarive overhead rate shall be charged, pursuant to the STATE aud CITY existing Agreement OH-OO166. - GCA 6463 Page 3 of 6 7.7 In the event unforeseen conditions require an increase in costs of twenty-five (25) percent or more for CITY construction engineering services, waterline connections and/or Project materials for the waterline construction, as described in this Agreement, the Parties agree to amend this Agreement to address the increase in costs. 8. TERM OF AGREEMENT 8.1 This Agreement shall become effective upon the execution date of the Party last signed below and shall remain in effect until the completion of the STATE's Project and payment of all invoices. 9. MODIFICATION 9.1 No modification of this Agreement is valid unless evidenced in writing by amendment to this Agreement and signed by both Parties. No verbal agreement may supersede, replace or amend this Agreement. 10. ASSIGNMENT ] 0.1 Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without the prior written cansent of the other Party. 11. SEVERABILITY 11.1 Should any section, term or provision of this Agreement be deternuned to be invalid, the remainder of this Agreement shall not be affected and the same shall continue in full force and effect. 12. INDEMNIFICATION 12.1 T'he Parties shall �rotect, defend, indemnify, and hold harrriless each other and their employees, authorized agents, and/or contractors, while acting within,the scope of their employment as such, from any and all costs, claims, judgments, andJor awards of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's obligations to be performed pursuant to the provisions of this Agreement. The Parties shall not be required to indemnify, defend, or hold harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the negligence of the other Party; provided that, if such claims, suits, or actions result from the concunent negligence of (a) the STATE, its employees, authorized agents, or contractors and (b) the LOCAL AGENCY, its employees, authorized agents, or contractors 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 the negligence of each Party, its employees, authorized agents, and/or contractors. GCA 6463 Page 4 of 6 12.2 This indemnification shall survive the termination or expiration of this Agreement. 13. DISPUTES 13.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy. To this end, followiag the dispute resolution process in Sections 13.1A through 13.1 D shall be a prerequisite to the filing of litigation concerning any dispute between the Parties: A. The Representatives designated in this Ageement shall use their best efforts to resolve disputes and issues arising out of, or related to this Agreement. The Representatives shall communicate regularly to discuss the status of the work to be performed hereunder and as described in this Agreement and to resolve any disputes or issues related to the successful performance of this Agreement. The Representatives shall cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any disputes or issues arising during the term of this Agreement. B. A Party's Representative shall norify the other Party in writing of any dispute or issue that the Representative believes may require formal resolution according to Section 13.1 D. The Representatives shall meet within five {5) working days of receiving the written notice and attempt to resolve the dispute. C. In the event the Representatives cannot resolve the dispute or issue, the Mayor of the CITY, and the STATE Region Administrator, or their respective designees, shall meet and engage in good faith negotiations to resolve the dispute. D. In the event the Mayor of the CITY and STATE Region Administrator, or their respective designees, cannot resolve the dispute or issue, the CITl' and the STATE shall each appoint a member to a disputes board. These two members shall then select a third member not affiliated with either Party. The three member board shall conduct a dispute resolution hearing that shall be informal and unrecorded. All expenses for the third member of the Dispute Resolution board shall be shared equally by both Parties; however, each Party shall be responsible for its own costs and fees. 14. VENUE 14.1 In the event that either Party deeins it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties hereto agree that any such action or proceedings shall be brought in Thurston County Superior- Court. Further, the Parties agree that each will be solely responsible for payment of its own attorneys fees, witness fees, and costs. 15. AUDITSlRECORDS 15. ] All Project records for the costs incurred by the CITY for the �roject, as deseribed in this Agreernent, shall be maintained by the CITY for a period of three (3) years. The STATE shall have full access to and right to examine said records, during nonnal business hours and as often GCA 6463 Page 5 of 6 as it deems necessary. Should the STATE require copies of any records, it agrees to pay the costs thereof. The Parties agree that the work performed herein is subject to audit by either or both Parties and/or their designated representatives, and/or state of Washington andlor the federal government. l6. WORKING DAYS 16. l Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date signed last below. � CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Patty Lent, Mayor Steve Roark, Assistant Region Administrator for Construction Date: Date: � APPROVED AS TO FORM APPROVED AS TO FORM By: By: �,Q CITY Attorney Assistant Attorney General � Date: Date: � � - �� ` � CJ GCA 6463 Page 6 of 6 GCA-6463 EXHIBIT A City Construction Support City coordination and technical expertise at WSDOT request $14,000.00 0.5 Full Time Equivalent X 4 months X$7,000 / mo. Administrative Overt�ead (1) $0.00 Total City Services $14,000.00 Note: (1) Per Overhead Agreement OH-00166 GCA-6463 Exhibit A Page 1 of 1 tity A�reernent Items for Weter Une Tep and Seismic Valve February 16, ZO10 Manetde Bridga (iep�acement Hours Rate DoltarTota) Np� Canneetlon (wost encQ lab°r • ' (2} peisvn crew for 4 houro each 8 5 50 $ 400 Installabion of wet ta and S�t1t provtded A9sleNals p B�e va►ve Tappfng sleeve G3te valve S 2 � �Y P�ded end installed $ 700 Gty pravlded snd irmtalled Actuat�oor end power SoPPty . $ 16,3U0 Ctty provided. Contractor iqstalled Actuator m�nting plate, ezberoion shaft, enc(osure $ 3,200 Gty provlded, Contractor insmlled ActueROr oontrol panel S $5� Gty provided, Corttredar insta0ed Outdoa endosure S 7,50o Gty provided. �mactor insra0ed 12" butterHy valve , $ 1,500 City provtded, Corttractor ir�atled Cormecrion (east �d at Wh�ton) �_� . (Z) person crew inr 4 hours eaeh 8 $ 50 $ 400 Irntallatton oi w�et tap and gate valve Gkv Provided Meteriais Tapping sleeve $ 2,400 Cfty provided and fnstalled Gate vahte $ 700 Cary provided and instalied Conneetion (�st end at ilth 5t) or (2� petson crew fot4 hours each 8 $ 50 $ 400 InstalietFan af wettap artd gate valve Citv Pravided MaterFels Tapping sleeve S 2,4d0 Cfty proovtded and installed Gate valve S 700 Clty provided and instafled S a7,soo a�me„croea� GCA-6463 Exhibit B Sheet 1 of 1 BEGIN eR•osos oos T.24N. R.1 E. W.M. � z __� BEGIN PROJECT C��?L.:';:�;;�=:`�'�j �; END CONSTRUCTION STA C 20+00.00 P.O.T. = WA 34*98.30 � STA WA 31+5q.89 P.O.T. c i � ,U �� rcn rurur co,�: BEGIN CONSTRUCTION \ x,:� � � ,,,_�,.: _ ` . 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"... • u�u u'. - • '`w••`•�� ='�+ UTTLJTY RELOCATtON PLAN ..... DATE SUBMITTED: Apri121, 2010 AGENDA BILL CITY OF BREMERTON CITY COLTNCIL ■��r�� SUBJECT: Acceptance of Loca1 Agency Committee Meeting Date: Apri128, 2010 Agreement for Pacific Avenue (6�' to 11�' COiJNCIL MEETING Date: May 5, 2010 Streets) Improvements and Adopt Resolution Department: PW&U No.3t1 Authorizing the Execution of the Presenter: Michael Mecham Agreement. Phone: 473-5315 SUMMARY: The Public Works and Utilities Department applied for and was awarded a$3,000,000 grant for engineering and construction of pedestrian, bicycle and tr�c safety improvements for Pacific Avenue (6�' to 11 �' Streets). The attached agreement obligates Federal grant dollars, administered through the Washington Department of Transportation, to conduct preliminary engineering at a cost of $452,400. Upon completion and approval of engineering plans another Local Agency Agreement will be entered into for approximately $3,016,100. ATTACHMENTS: 1.) Council Summary; 2.) Resolution No. 3 �< <Q; 3.)Loca1 Agency Agreement 4.) Project Prospectus. FISCAL IMPACTS (Include Budgeted Amount): The agreement is for $391,100 in Federal funds of revenue which has been budgeted for in 2010. A local match of $61,100 is required and has been budgeted. Cfrow� A+��a� S�rtR.�� APPROVALS: DEPARTMENT DIRECTOR: � CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: r COMMITTEE CHAIR � COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Motion to approve Resolution No. 3�(� authorizing the Loca1 Agency Agreement and Prospectus, and required match and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. COLTNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. � 1 � A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the City to execute the Local Agency Agreement for Pacific Avenue (from 6�' to 11�' Streets) Improvement. WHEREAS, the City applied for and was awazded a$3,000,000 grant for engineering and construction of pedestrian, bicycle and street improvements on Pacific Avenue (from 6�' to 11�' Streets) in Bremerton; and WHEREAS, the Local Agency Agreement obligates Federal Grant dollazs, administered through the Washington Department of Transporta.tion, to conduct preliminary engineering at a cost of $452,400; and WHEREAS, as a condition to payment of the federal funds obligated, the Department of Transportation requires that the City adopt a resolution stipulating that it accepts, will provide a local match of $61,000 and will comply with the applicable provisions set forth in the Local Agency Agreement, and WHEREAS, upon completion and approval of engineering plans another Local Agency Agreement will be entered into for approximately $3,016,000; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton desires to comply with a requirement by the Department of Transportation to adopt a resolution stipulating that the City accepts and will comply with the applicable provisions set forth in the Local Agency Agreement. � SECTION 2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton accept the Local Agency Agreement for Pacific Avenue (6�' to 11�' Streets) and agrees to the $61,000 match. SECTION 3. The Mayor is authorized to finalize and execute the Local Agency Agreement for Pacific Avenue (6�'to 11�' Streets). SECTION 4. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution aze held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same sha11 remain in full force and effect. SECTION S. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. Local Agency Agreement — Pacific Avenue (6 to ll `" Streets) Improvements PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk ' Local Agency Agreement — Pacific Avenue (6 to 11 ` Streets) Improvements � � � �� o „ y -� e Local Agency Federal Aid Depar�nent of Twansportation Project Prospectus Prefix Route Federal Aid Pro'ect Number Date 3/29/2010 Local Agency ! WSDOTI Federal Employer Pro'ect Number �Use OnyJ Tax ID Number 91-6001231 Agency Federal Program Title ' City of Bremerton � 20.205 ❑ Other Project Title Start Latitude N47D 34" 2" Start Longitude W 122D 37'37" Pacific Avenue Improvements End Latitude N47D 34" 16" End Longitude W122D37"37" Project Termini From To 6th Street 11 th Street From: To: Length of Project Award Type . 6 miles � Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region � FHWA ❑ Others 115 18 Kitsa Ol ic Re ion Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO 6 26 7 PSRC ;�..� .7„"•N ° 4C� F ':�„)s%�.��ti;��rg. - .w;z� 'za,5:5:t>'x�.;5 �''3;'d - - .�`g}.'rkx:5`;:i�d�"� �a.� -- -i`r`.`. . ,'F. �3: - F.":"@' � Y � 's ': d: ^` ,�`,; � � `�'u.�K �".a�/.r..c i� _ ' „, ' , :, : j,";"•>::,iS , . . .e �.w;..5'J�...'�'.. � a �.:.w' h . �:T :.��.� T �� Y . t,�,<.' ,; :: .;;-, �� : ota �,�, Local°A enc` x� ��x.Pliase<Start . � ;,�` �� :,-�,:,� ri,�`;�,:.��. x, _ �^� <,�: �{r6°.�.. ,;�y .'y��.�=�:5;,'�°�%,z��3;,k^e� . f..�, - 'ts�-�x�:s�E'r�, . .y - �< .�' � ft � �� ;:Federal�,Funds�,�.::� :.��R.:�,.�� ;:: �.�_� �; :�, � � >.• t, � r...,�..,,� xPhase'' ..��..� �:��,,� ..:s:.<: °�$�=�,.u��xri :., ,.�,.�,� �:.`_.�.". 4,�;x>.> .�� ,.> Estimated:Cos#'��,�� A�,��,�,�n:��.. Funding;� .;��,.,,,:�. _> '��,:>,��..,.�r.,.. _ f.Date: ��,, � , ��. �xF #�-'- �. ��..� . :�;��- ,Y�.:: H f;� °�;_� ��R��^�r y°x�'�:'IVear'e'st�Fiund�ed;Dollar x�,�F. NearesfHundred Dollar Nearest•IiuridreclMDolla'r ��s� y�'��Montti P.E. $452 400 $61 100 $391 300 6/2410 � $0 $0 $0 Const. $3 016 100 $407 200 $2 608 900 2/2011 Total $3 468 500 468 300 3 000 200 �:,. ,�,-;=sr � - �.,c ,.,, ,��... �s.�,;�> _ �k, r - ;,.,Z�r:'" S��'s - <;�'s`; ,�,�.' ,�r=r;� :;�':;;'�:' �-'ki,��"y°�;,,v�.-`,.n,",..�,� �De'scn� tion�; ofr Existin = ;FeC�li Ex�stin `'.Desi n''and.Present Condition °'`:��A��'�t�` �°ry"�=rx;��' "�� .�,x. Roadway Width Number of Lanes 70' 2 travel lanes + 2 arkin lanes The current roadway and sidewalks were originally constructed in the 1940's +- and are in need of restoration. The 48 foot roadway consists of 2 driving lanes and 2 parking lanes with sidewalks on both sides. All pavement is Portland Cement Concrete. r:ti;� ° - : M• , - �%r�;»'.� - ��;n?�d.v,�k-�w. - ;�✓;:. y :M ; 's� M _ - - _ - zx,.�w �.sp,,cV - _ _ � -- T':x'z;;,'�^°z �-�;.e -`v.�� .-k. �`y.`� � 52+:^�"'k�t,�% < ..i..;, - •,,''�,:�� n," ,C�' �'� �.>x*":*",vir��. ^.Xi��' �:�`;'..;,'.`��2".vr.,�.=,-, ,'v�.:�'"�Y' �,> .l . r; ..- '*?�> `' S�. , �. �,=;;2" �'s''y�"s� � . ;�Descri� tion Yofa.Pro osedf�Work� ;�:. ;;:;.w . � _ �-� � �� ,.-..�.:,., :x;� �s��kx<<-�`�`r =:'xu Y:��,n,z,:;�:��4�� «�,.�._.k--...��.k,�,� Description of Proposed Work (Attach additional sheet(s) if necessary) Streetscape improvements including new curb, gutter, sidewalk, low impact development provisions, and pavement restoration to create "complete streeY' in Bremerton's redevelopment of its downtown urban center. Local Agency Contact Person Title Phone L Matel P.E. Mana in En ' eer 360-473-5342 Mailing Address City State Zip Code 3027 Ol us Drive Bremerton WA 98310 By \ Project Prospectus Approval Approving Authority Title Date DOT Form �aa�o� EF Page 1 of 3 Revised 7/2008 Agency Project Title Date City of Bremerton Pacific Avenue Improvements 3/29/2010 :%�,�✓," F:; "��z'k � .�, ru� " . . . _ . , Xri^'?- _,`. , x��.., �',tS , - ' A 4:�Z'"'."' - *Yo , - c��, ,. - .� - . � x,. ' -- �+t.c,': '"F�, w.. <.�..` r f . ��"' ."" ; s� S' � �:x`,r�;r ,�rr-;." '�,.. - 'iT , a � �"�� .,,�?'x`•;', .�'.�s. ?„�. , . �,�;.. - _ : �r, s. , �.�z::k.�` ;:� ;'T ` A :tof P�o � osed�Work'° c,.� .`�.;`.;�: : :.;_�. _ .� �N=� Project Type (Check ali that Apply) Roadway Width Number of Lanes ❑ New Construction ❑ Path / Trail ❑ 3-R 70 ROW, 44' 2+shared bike � Reconstruction � Pedestrian / Facilities ❑ 2-R ❑ Railroad ❑ Parking ❑ Other ❑ Bridge ;�..,ss. �.��.u✓, _ , ns>.a:v.�.;': ; `�r;b�. - 'm�;"�.<,'i,� .,F> :rrn,�,` - - ":��,.�'�`i<.; - - `l%�',?"r. .��.�.r, �,,�%` ,M��i:r _ .yY.W�. - _ ^�'%�,::�.t "`v .,v:ja:S: _ _.".ri:asS:t: :u`};lr;. .�� '�t<,. ' _ �'" i��7" ° k"`Y�""�< , ;�t:t«„< •`-�'.v �r:s � _ >. ,'�,x� � w �. ...�+=.:�"�"' �, ,� .m? a. �tFr:' v-.:' ..�., ,.k ,' v,� , ,, :,�u r'a � '>', �;� , �z .-� . x xw.�r r �:x„x .T%">.'� i:E .,r�`:. �6�'� - e;:�'tv .. �'^• a - eometflct�:Desin� ��.��.;� .�:��. ��.��Y y�,;. � :,�:N�;:�:�< "G 9. ��:s�.� ..�. �, _ .�;.�;_... x Descri tion Throu h Route Crossroad ❑ Principal Arterial � Principal Arterial Federal � Urban � Minor Arterial � Urban � Minor Arterial Functional ❑ Collector ❑ Collector ❑ Major Collector ❑ Major Collector ClassifiCation ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector ❑ Access StreeURoad ❑ Access StreeURoad Terrain � Flat ❑ Roll ❑ Mountain � Flat ❑ Roll ❑ Mountain Posted S eed 25 Desi n S eed 30 Existin ADT � 2500 Desi n Year ADT 3000 Desi n Year 2020 Design Hourl Volume (DH� 300 ~�:�:Nt,�:: z .,x;:;s�� '#v*�'�"x;N`.. ; ",.:x', .=`x:,� ""_ . 4 ` ., ` 'r ` ` s�." �""�_ �:;� ;��` : �.�,;: �"m;'.`.: -K�- , <�Y:"i`.:�=t3 ,�4 :;*w`:�n' ,i , `.: - -° ., ri ��m�s`�`�i�'�' ":��k:^ r, *„S3e` _ > .5.. , r:a'?.. �"'::�;,`;";:. - ��'-,'r:;f��y.,.r_ ' x .��'�,, �",... :a„ `��:��"*;*, ,wrx, ��; ^:%;,;%s2 �.:,z,�x,�;:�,�:�.�;:w,.k :�.-., .�.va�� <:Performance;of-Wo'k�t ��:�. ,.�.w,�;��.,,.�ti,:>:�,: ��F: �.., ��,�� .,�;�:M ;�� .�v:. .�._ .,�. .� �v�.> �,��:; �. r.x.��.��..�,�;��;.��:.�- �f. Preliminary Engineering Will Be Performed By Others Agency City/Consultant 50 % 50 % Construction Will Be Performed By Contract Agency Contractor 80 % 20 % �<,r ;�:. ..,.,�, � . :,a,�,. , ,.;:�,�:r�:�:�� <��.�> r� ,>.y. :��:;�.;�.�, .,.5. „�.;�:..� -f .w��.�,x�.�r ;;�,; ,�. �, �; ,�.:�,�_,:'.;- ' <: <°�;�,.,,.,��< � s>,'"x+'` ' s . �„ ^��. �":n.,', r"2,• n`:v .��.r, � � . � . tEnvironmental:�Classifcation=�� ;�"�„ . � �;z�:v .�. � .�„��k�� „ �; s, <<`�.� �;�;�;.s,�..��t�a��t�rz��r.:.�'��.°;:,;;' ❑ Final ❑ Prellminary ❑ Class I- Environmental Impact Statement (EIS) ❑ Class II - Categorically Excluded (CE) ❑ Project Involves NEPA/SEPA Section 404 � Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III - Environmental Assessment (EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations DOT Form 140-101 EF Page 2 of 3 Revised 7/2008 Agency Project Title Date City of Bremerton Pacific Avenue Improvements 3/29/2010 � x ,,;..:-, ;� �. . r ,.. . %'h k". r �'i � � ��l � F� - t;?' " .� `.�f. ..�� '.' .�� 3 i�`•` .V•r ��^ '`��;::�7.e .'.Yt., , �ry�� w,'�%Ar`�� :�.r . - �'5��:.w ;� ..n.,,,r-. - „ '!e• . .. [ '�..�w,.�''��h,,y,.�,�.� .", r:Gai.+." .��.e � .�,�,�y q'Yti.".: � ., W . . 'N�t:`^::" - .S\" .��At• - - :u. !`.i'i: , w, �, v��' _ "�.f � „t � �'�' :'�; : . 5c1•^�" ''�.��?-;: u -Right�of.�.. .ay�r��; �,� <<M: � No Right of Way Required ❑ Right of Way Required * All construction required by the ❑ No Relocation ❑ Relocation Required contract can be accomplished within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Adjushnents to water and sewer valves and manhole elevations will be required. Storm drain inlet modifications and piping will be required. Adjustment of electrical power, telephone, and cable facilities will be required. FAA Involvement Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes � No Remarks This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency Date By MayodChairperson DOT Form 140-101 EF Page 3 of 3 Revised 7/2008 � � � �� Local Agency Agreement qgency City of Bremerton CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address Department of Public Works and Utilities project No. 3027 Olympus Drive /►g�ment No. Bremerton, WashinQton 98310 For OSC WSDOT Use On The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Govemment shall be the responsibility of the Local Agency. Project Description Name Pacific Avenue Improvements Length .6 miles Termini 6th to l lth Street Description of Work Streetscape improvements including new curb, gutter and sidewalk, low impact development provisions, and pavement restoration to create "complete street" in Bremerton's redevelopment of its downtown urban center. Estimate of Funding Type of Work (�) (2) (3� Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. A enc 442 400.00 59 700.00 382 700.00 86.5 % b.Other c. Other Federal Aid d. State 10,000.00 1,400.00 8,600.00 Participation Ratio for PE e. Total PE Cost Estimate a+b+c+d 452 400.00 61100.00 391 00.00 Right of Way f. A en % .Other h. Other Federal Aid i. State Participation Ratio for RW '. Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other % o. A enc Federal Aid , State Participation Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ r. Total Pro ect Cost Estimate e+ + 452 400.00 61 100.00 391 00.00 Agency Officlal Washington State Deparbnent of Transportation By g Title �nr,�y nf Rremerton Director of Highways and Local Programs Date Executed DOT Form 140-039 EF � � Revised 05/09 L' Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A- Advance Payment - Agency Share of total consVuction cost (based on contract award) ❑ Method B- Withhoid from gas tax the Aqency's share of total consVuction cost (line 4, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award ❑ Method C- Aaencv cost incurred with �artial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. SCOp@ Of WOr1C 1. Preliminary engineering. The Agency shall provide all the work, labor, materials, and services 2. Right of way acquisition. necessary to perform the project which is described and set forth in detail in the 3. Project construction. "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be ��e event that right of way acquisition, or acmal construction of the road, for which preliminary engineering is undertaken is not started by the closing of deemed an agent of the Agency and shall perform the services described and �e tenth Sscal year following the fiscal year in which the agreement is indicated in "Type of Work" on the face of this agreement, in accordance with executed, the Agency will repay to the State the sum or sums of federal funds plans and specifications as pmposed by the Agency and approved by the State paid to the Agency under the terms of this ageement (see Section I7�. and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the by the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform ordinary procedures of the State and Federal Highway AdminisVation. to at least the minimum values set by approved statewide design standards 11 Delegation of Authority applicable to this class of highways, even though such additional work is financed without federal aid participadon. The State is willing to fulfill the responsibilities to the Federal Government 'I'he Agency agrees that on federal aid highway construction projects, the by the administrarion of this project. The Agency agrees that the State shall current federal aid regularions which apply to liquidated damages relative to have the full suthority to carry out this administration. The State shall review, the basis of federal participation in the project cost shall be applicable in the process, and appmve documents required for federal aid reimbursement in event the contractor fails to complete the contract within the contract time. accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters conceming the y�, payment and Partial Reimbursement project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the �e total cost of the project, including all review and engineering costs and approved plans and specifications. other expenses of the State, is to be paid by the Agency and by the Federal Govemment. Federal funding shall be in accordance with the Federal III Project Administration Transportation Act, as amended, and �ce of Management and Budget Certain types of work and services shall be provided by the State on this circulars A-102, A-87 and A-133. The State shall not be ultimately responsible project as requested by the Agency and described in the Type of Work above. for any of the costs of the project. The Agency shall be ultimately responsible In addition, t6e State will fumish qualified personnel for the supervision and for all costs associated with the project which are not reimbursed by the inspection of the work in progress. On Local Agency advertised and awarded Federal Govemment. Nothing in this agreement shall be construed as a projects, the supervision and inspecrion shall be limited to enswing all work is Promise by the State as to the amount or nature of federal participation in this in confoanance with approved plans, specifications, and federal aid project. requirements. The salary of such engineer or other supervisor and all other The Agency shall bill the state for federal aid project costs incurred in salaries and costs incurred by State forces upon the project will be considered a conformity with applicable federal and state laws. The agency shall minimize cost thereof. All costs related to this project incurred by employees of the State the time elapsed between receipt of federal sid funds and subsequent payment in the customary manner on highway payrolls and vouchers shall be charged as of incurred costs. Expenditures by the Local Agency for maintenance, general costs of the project. administradon, supervision, and other overhead shall not be eligible for federal IV Availability of Records participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in the federal Office of Management All project records in support of all costs incurred and actual expendimres & Budget (OMB) circulaz A-87, and retained for sudit. kept by the Agency are to be maintained in accordance with local govemment � State will pay for State incurred costs on the project. Following accounting procedures prescribed by the Washington State Auditor's Office, the payment, the State shall bill the Federal Government for reimbursement of U.S. Department of Transportation, and the Washington State Department of �ose costs eligible for federal participation to the extent that such costs are Transportation. The records shall be open to inspection by the State and Federal a�butable and properly allocable to this project. The State shall bill the Govemment at all reasonable times and shall be retained and made available for qgency for t6at portion of State costs which were not reimbursed by the such inspection for a period of not less than three years &om the final payment Fedeial Govemment (see Section I7�. of any federal sid funds to the Agency. Copies of said records shall be fumished to the State and/or Federal Government upon request. 1. Project Conetraction Costs V. Compliance with Provisions Project construction financing will be accomplished by one of the three methods as indicated in this ageement. The Agency shall not incur any federal sid participation costs on any classification of work on this project until suthorized in writing by the State for each classiScation. The classifications of work for projects are: DOT Fortn 140-039 EF 2 Revised 05/09 Method A— The Agency will place with the State, within (20) days after the X. Traffic Control, Signing, Marking, and Roadway execution of the construchon contract, an advance in the amount of the Maintenance Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited wit6 the State. T'he Agency will not permit any changes to be made in the provisions for The State will pay all costs incurred under the contract upon presentation of pazking regulations and traffic control on this project without prior approval of progress billings &om the contractor. Following such payments, the State will the State and Federal Highway Administration. The Agency will not install or submit a billing to the Federal Govemment for the federal aid participation permit to be installed any signs, signals, or markings not in conformance with share of the cost. When the project is substantially completed and final actual the standards approved by the Federal Highway Administration and MiJTCD. costs of the project can be determined, the State will present the Agency with a The Agency wi11, at its own expense, maintain the improvement covered by final billing showing the amount due the State or the amount due the Agency. this agreement. This billing will be cleared by either a payment from the Agency to the State or �_ �ndemnity by a refund from the State to the Agency. The Agency shall hold the Federal Govemment and the State harmless from MetLod B— The Agency's share of the total coastruction cost as shown on �d shall process and defend at its own expense all claimt, demands, or suits, the face of this agreement shall be withheld from its monthly fuel tax �'hether at law or equity brought against the Agency, State, or Federal allotments. The face of this agreement establishes the months in which the Government, arising &om the Agency's execution, performance, or failure to withholding shall take place and the exact amount to be withheld each month. Perform any of the provisions of this agreement, or of any other agreement or The extent of withholding will be confirmed by letter from the State at the time contract connected with this agreement, or arising by reason of the of contract award. Upon receipt of progress billings from the contractor, the Participarion of the State or Federal Government in the project, PROVIDED, State will submit such billings to the Federal Govemment for payment of its nothing herein shall require the Agency to reimbwse the State or the Federal participating portion of such billings. Govemment for damages arising out of bodily injury to persons or damage to property caused by or resulting &om the sole negligence of the Federal Method C— The Agency may submit vouchers to the State in the format Govemment or the State. prescribed by the State, in duplicate, not more than once per month for those XII Nondiscrimination Provision costs eligible for Federal participation to the extent that such costs aze directly No liability shall attach to the State or Federal Government except as attributable and properly allocable to this project. Expenditures by the Local �ressly provided herein. Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race, color, national previously approved ind'uect cost plan. origin, or sex in the award and performance of any USDOT-assisted contract The State shall reimburse the Agency for the Federal share of e(igible project ��or agreement or in the administration of its DBE program or the costs up to the amount shown on the face of this agreement. At the time of �°�ments of 49 CFR Part 26. The Agency shall take all necessary and audit, the Agency will provide documentation of all costs incurred on the �onable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administradon of USDOT-assisted contracts and agreements. The project. WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by The State shall bill the Agency for all costs incurred by the State relative to USDOT, is incorporated by reference in this agreement. Impiementation of the project. The State shall also bill We Agency for the federal funds paid by the �i program is a legal obligation and failure to carry out its terms sha11 be State to the Agency for project costs which are subsequenUy determined to be ��ted as a violation of this agreement. Upon notification to the Agency of its ineligible for federal participation (see Section I}�. failure to carry out its approved program, the Departrnent may impose VII. Audit of Federal Consultant Contracts sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil The Agency, if services of a consultant are required, shall be responsible for Remedies Act of 1986 (31 U.S.C. 3801 et seq.). audit of the consultant's records to determine eligible federal aid costs on the Zy Agency hereby agrees that it will incorporate or cause to be project. The report of said audit shall be in the Agency's files and made �ncorporated into any contract for construction work, or modification thereof, available to the State and the Federal Government. as defined in the rules and regulations of the Secretary of Labor in 41 CFR An audit shall be conducted by the WSDOT Internal Audit Office in Chapter 60, which is paid for in whole or in part with funds obtained from the accordance with generally accepted govemmental auditing standards as issued Federal Government or boaowed on the credit of the Federal Government by the United States General Accounting Office by the Comptroller General of pursuant to a grant, contract, loan, insurance, or guarantee or understanding the United States; WSDOT Manual M 27-50, Consultant Authorization, pursuant to any federal program involving such grant, contract, loan, insurance, Selection, and Agreement Administration; memoranda of understanding or guarantee, the required contract provisions for Federal-Aid Contracts between WSDOT and FHWA; and �ce of Management and Budget Circular (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. A-133. If upon audit it is found that overpayment or participadon of federal money The Agency further agrees that it will be bound by the above equal in ineligible items of cost has occurred, the Agency shall reimburse the State for opportunity clause with respect to its own employment practices when it the amount of such overpayment or excess participation (see Section IX). participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Govemment, the above equal opportunity clause is not applicable to any agency, instrumentality, or VIII Singie Audit Act subdivision of such govemment which does not participate in work on or under The Agency, as a subrecipient of federal funds, sha13 adhere to the federal the contract. Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees: applicable federal and state statutes and regulations. A subrecipient who �1) To assist and cooperate actively with the State in obtaining the expends $500,000 or more in federal awards from all sources dwing a given compliance of contractors and subcontractors with the equal opportunity clause fiscal year shall have a single or progam-specific audit performed for that year �d rules, regulations, and relevant orders of the Secretary of Labor. in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the (2) To fumish the State such infoanation as it may require for the report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the �3) To refrain &om entering into any coetract or contract modification subject to Executive Order 11246 of September 24, 1965, wiW a contractor State's billing relative to the project (e.g., State force work, pmject cancellation, debarred from, or who has not demonstrated eligibility for, government overpayment, cost ineligible for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the State within 45 days after the Agency has been billed, the State shall effect Executive Order. reimbursement of the total sum due from the regulaz monthly fuel tax allotments to ffie Agency &om the Motor Vehicle Fund. No additional Federal (4) To carry out such sanctions and penalties for violation of the equal project funding will be approved until full payment is received unless otherwise �PPo*�nity clause as may be imposed upon contractors and subcontractors by directed the Director of Highways and Local Progams. the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. DOT Form 140-039 EF Revised 05/08 3 In addition, the Agency agrees ffiat if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Acfion undertakings, the State may take any or all of the foliowing actions: For the convenience of the parties to this contract, it is agreed that any (a) Cancel, terminate, or suspend this agreement in whole or in part; claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is (b) Refrain from extending any further assistance to t}�e Agency under the concerned, shall be brought only in the Superior Court for Thurston County. program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying (c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and proceedings. belief, that: XIII Liquidated Damages (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency, a member of Congress, Part 635, Subpart 127, as supplemented, relative to the amount of Federal � officer or employee of Congress, or an employee of a member of Congress participation in the project cost, shall be applicable in the event the contractor � connection with the awarding of any federal contract, the making of any fails to complete the contract within the contract time. Failure to include federal grant, the making of any federal loan, the entering into of any liquidated damages provision will not relieve t6e Agency from reduction of cooperative agreement, and the extension, continuation, renewal, amendment, federal participation in accordance with this paragraph. or modi5cation of any federal contract, gant, loan, or cooperative agreement. XIV Termination for Public Convenience (2) If any fupds other than federal appmpriated funds have been paid or will The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an ofl'icer or terminate the contract in whole, or from time to time in part, whenever: employee of any federal agency, a member of Congress, an officer or employee (1) The requisite federal funding becomes unavailable through failure of of Congress, or an employee of a member of Congress in connection with this appropriation or otherwise. federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report (2) The contractor is prevented from proceeding with the work as a d'vect Lobbying," in accordance with its instr�ctions. result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President (3) The undersigned shall require that the Ianguage of this certification be or Govemor of the State with respect to the preservation of energy resowces. included in the award documenu for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and (3) The contractor is prevented from proceeding with the work by reason of cooperative agreements) which exceed $100,000, and that all such a preliminary, special, or permanent restraining order of a court of competent subrecipients shall certify and disclose accordingly. jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance omiss+ons of persons or agencies other than the contractor. was placed when this transaction was made or entered into. Submission of this (4) The Secretary determines that such temvnation is in the best interests of certification as a prerequisite for making or entering into this transaction t6e State. imposed by Section 1352, Title 31, U.S. Code. ?,ny person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions � DOT Form 140-039 EF 4 Revised 05/09 4 DATE SUBMTTTED: Apri121, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Public Hearing and Release of Committee Meeting Date: Apri128, 2010 Water Easement for Harrison Hospital. COUNCIL MEETING Date: May 5, 2010 Department: PW&U , Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Harrison Hospital has asked the City to vacate a ten foot water easement for a water main. The easement is depicted on the face of the plat of the Third Addition to Sheridan Park. A review of City records found the easement to have never been utilized by the City, nor does it appear likely that the City would ever need the easement. As such, staff supports this request. ATTACHMENTS: 1. Council Summary; 2. Release of Easement; and 3. Plat Map. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: �,,� DEPARTMENT DIRECTOR: �� CTTY ATTORNEY: FINANCE DIItECTOR: - - MAYOR: � � � - COMMITTEE CHAIR � �� COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to approve the Release of Easement and authorize the Mayor to finalize and execute the Release of Easement with substantially the same terms and conditions as presented.. COiJNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Vacation of Water Easement in Third Addition to Sheridan Park COUNCIL SUMMARY SUMMARY Harrison Hospital has asked the City to vacate a ten foot easement for a water main. The easement is depicted on the face of the plat of the Third Addition to Sheridan Park (Volume 8 of the book of plats, Page 64), situate in Section 12, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County. In reviewing City records, the easement appears to have never been utilized by the City, nor does it appear likely that the City would ever need the easement. As such, staff supports this request. Easement Vacation — Third Addition to Sheridan Park Council Summary April 2010 Return Address: City Clerk City of Bremerton 345 6`� Street, Ste. 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Easement Reference Number(s) of Documents assigned or released: Grantor(s): 1. The City of Bremerton � Additional names on page of document. Grantee(s): 1. Harrison Medical Center � Additional names on page of document. Legal Description: p�cel 1, Blk 4 plat of Third Addirion to Sheridan Park, Vol. 8 of plats, Page 64, records of (abbreviated) ��ap County, WA., portion of the NW '/< of the SW '/< of S 12, T 24 N, R 1 E, W.M., Kitsap County, WA. � Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 3967-004-001-0402 Pro ect Name: WA RELEASE OF EASEMENT (City of Bremerton Grantor) THIS INSTRiJMENT made this day of , 2010, by and between the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantor") and Harrison Medical Center (hereinafter "Grantee"). Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby aclaiowledged by Grantor, does by these presents grant, convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title and interest in and to that certain water easement as shovcm on, under and upon the east line of Parcel 1, Block 4, of the recorded plat for Third Addition to Sheridan Park, as recorded in Volume 8 of the book of plat, Page 64, records of Kitsap County, Washington, between the cul-de-sacs for Poplar and Hickory Streets; RELEASE OF EASEMENT- Page 1 of 2 GRANTOR: CITY OF BREMERTON By: Patty Lent Its: Mayor DATE: STATE OF WASHINGTON ) , � ) ss. COUNTY OF KITSAP ) On this _ day of 2010, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent to me known to be the Mayor of the City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Sea! Must Appear Within This Bax- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and yeaz first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attomey R�U,EGAI,�Forma�FasemmtsVtelease of Eesement (recorded eesemrnt).doc RELEASE OF EASEMENT- Page 2 of 2 �, w �- TH I R D ADD. TO SHERI DAN PARK A SECTION 12, TWP. 24 N, R I E, W.M. CITY OF BREMERTON I � � KITSAP COUNTY, WASHINGTON . I �, • � �� r�EE � 3 SCALE° I • IOO' � � i L ; i �_ ,., � .� �� I ;�;, '. � _-��"� � � �- �------ o � I, a Z I� �� E. i I I � i P.Y.A.'EL / , � _ 3.i7*/ ,?artY R� y ► },, � � `� �i WASlI�NBTON OINA E I �� A O �I i � ;,,�� SY'STEN� NORTH ZONE I r ! �ij �'ca n � d •�!i ,� x Z PB.PCft L � I � l.236S.9cm �I a , :•n•av' �� I �• j I � • I � � �i 1 • I � �i I � �' � � � � � � O �� c ' s s PA.PtCt / d• � I W � i :..��,� d g r ��, w I � a .�► � _�•� s I� � � '/ I F. = S ` 1�- �' H �� , W � ��' (�� W � s �� OK� � �6 O �i 7 ta: .�mr � ,.R°" 'y' \ r4�If � ct I � / � � �f! ,(t � � �� Cl1i s!� ti n a . � � 3 ti _ LOl ��il + ,ssnum u� k I,1V/ =sf/ �� !� r2me 41 LE8EN0 '�i� � \�� N � r �F MOtplYEIR (CONCRETE OR BRA88 PLIIB EJ . - i� y u�assa orHdiwree roreo) 1 �,. t ` Aton. - �t =_= sewEx E+�eerewr L e rr. nme u�ee �� 1 � f, � ��{ �� _� WATfR EABEMENT � mx�nnse Mareo POwER IINE EABEY[MT R '4, \ � � 7 '�t , /O • POwER POLE OR TfLEPHONE PoLF er C y � ' i \ �4.3tf ' � e . ?'�,� 9 � � � ntut . � �, � . RIfL /7 \ � �011l ./pers � s R-�. ��r.�5�� \ <k�irk,.�L .�G, trr. ,\ Fi.Gsvey. /;Cfl. ,a � p �9 m � y ,��+•� S .\ � � M « �,,,,,�, xs�r �"4 uN�� ki . � � SHEET 4 OF 4`SHEETS PROJECT N0. � WASH. — 45049 DATE SUBMITTED: April 28, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ 1�0• 511� SUBJECT: Public Hearing and Ordinance Committee Meeting Date: Apri128, 2010 amending BMC Title 20 the Zoning Code COi1NCIL MEETING Date: May 5, 2010 relating to Comprehensive Plan / Zoning Department: DCD Code Consistency and Community Facilities. Presenter: Nicole Wazd Phone: 360.473.52qq SUMMARY: The action before Council is to conduct a public hearing and adopt an Ordinance amending BMC Title 20 specifically: 1) BMC 20.40 Figure B— Comprehensive Plan / Zoning Consistency by adding the zoning districts City Utility Land and Industrial Park to the Comprehensive Plan Designation of Industrial. 2) Adding "Community Facilities" to three zones; Low Density Residential (20.60), City Core Residential (20.78), and Multiple Residential (20.79) in the same way as religious facilities aze currently permitted within these zones. ATTACHMENTS: A. Staff Memo and Planning Commission Minutes. B. Proposed Ordinance including Planning Commission Findings & Conclusions. N ,$ t 1 t _____�, FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: � FINANCE DIRECTOR � MAYOR: COMMITTEE CHAIR (,�1�, COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5111 to amend BMC Chapter 20.40 Figure B Comprehensive Plan / Zoning Consistency; 20.60 the Low Density Residential Zone, 20.78 the Cit Core Residential Zon and 20. 79 the Mul tiple Re sidential Zone. __ I I move to amend the motion by: �' � • Eliminating "Community Facilities" from BMC 20.60.020, Outrightly Permitted Uses within the R-10 , zone which is in section 3 on page 3 of the ordinance. I • Add "Community Facilities under 20,OOOsf as a Conditional Use to BMC 20.60.040 as item "N" to section 4 of the ordinance with two cnteria: i 1) Additional landscaping outside what is required in BMC 20.50 (landscaping) may be required I i for screening purposes in order to mitigate impacts to adjoining residential properties; � 2) A parking analysis may be required to establish that adequate onsite parking will be available � ; for the proposed use. - I `t-��_��::�=�='�.'_"^� ��° .�_�� a�. _.,` � DEPARTMENT OF , j � ` �-a.5 COMMUNITY DEVELOPMENT �,�� ..,--= #; J - � �° � � �. � ,� �.. °� 1 r� i� � ;�� , � ; ; ,�� ____; �� '• �;:�= MEMORANDUM � -- To: City Council From: Nicole Ward, City Planner Date: April 28, 2010 Subjec� Zoning Code Amendments SUMMARY There are finro separate amendment topics proposed. Both topics are minor corrections necessary to ensure the code is clear and consistent. The proposed amendments are as follows: 1. Amend BMC 20.40 Figure B, the Comprehensive Plan / Zoning Designation Chart by adding the Industrial Park Zone, and City Utility Land Zone into the Comprehensive Plan Designation of Industrial. The types of development permitted within these zones are consistent with the goals and policies of the Comprehensive Plan for the Industrial designation. It is likely that these two zoning designations were inadvertently omitted from the Industrial Designation as there are existing locations within the City that are zoned either City Utility Lands or Industrial Park that are in the Industrial Designation of the Comprehensive Plan. Staff has reviewed these prope�ties and determined that both the Comprehensive Plan Designation and Zoning Classification are appropriate for these properties; therefore the figure should be amended in order to ensure consistency. See section 2 of the proposed ordinance for this code revision. 2. Amend the three residential zones (BMC 20.60 Low Density Residential, 20.78 City Core Residential, and 20.79 Multiple Residential) by adding "Community Facility" to them in the same way Worship and Religious Facilities are currently permitted. Staff believes the use "Community Facility" was inadvertently left out of these zones because the de�nition of "Worship and Religious Facilities" and "Community Facilities" is very similar. The primary difference is that a"Community Facility" may be operated by a non-profit group rathe� than a religiously affiliated group. In terms of neighborhood impacts both uses are very similar and should therefore be permitted similarly. Staff s intent is to ensure consistency by folding Community Facilities into the existing code references to Worship and Religious Facilities. See sections 3, 4, 5, and 6 of the proposed ordinance for this code revision. The Planning Commission unanimously recommended these amendments at the Public Hearing held'Qn March 16, 2010. Minutes from this meeting as well as the workshop held on February 16, 2010 can be reviewed in attachment I. ATTACHMENTS • Attachment I— Minutes from the Planning Commission hearing held on 3/16/2010 and the workshop held on 2/16/2010. Attachment I Planning Commission Meeting Minutes fo�: Wo�kshop held on Februa�y 16, 201 D � Public Hearing held on Ma�ch 16, 2010 Minutes for City of Bremerton Planning Commission Regular Meeting February 16, 2010 I. Call to Order The meeting was called to order by Commissioner Cockburn at 5:31 p.m. II. Ro11 Call Those present were: Commissioner Hoell, Commissioner Mosiman, Commissioner Streissguth and Chairman Cockburn. Commissioner Kosusko was excused. Quorum certified. Also present: Andrea Spencer, Nicole Ward, and Pam Bykonen (DCD staf�. III. Approval of Agenda Chairman Cockburn introduced the agenda. A motion was made by Commissioner Streissguth and seconded by Commissioner Hoell to approve the agenda as presented. It was agreed by general consensus to approve the agenda as presented. IV. Approval of Minutes The minutes of the Regular Meeting held on January 19, 2010 were presented for approval by Chairman Cockburn. A motion was made by Commissioner Streissguth and seconded by Commissioner Mosiman to approve the Regular Meeting Minutes of January 19, 2010 as presented. Ca11ed for a vote: Commissioner Hoell: Yes; Commissioner Mosiman: Yes; Commissioner Streissguth: Yes; Chairman Cockburn: Yes. The motion carried. VI. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Chairman Cockburn asked if there were any comments from citizens. Seeing none, he closed this portion of the meeting. 1. Workshop — Potential Zonin� Code Amendments: Nicole Ward, City Planner, gave a brief PowerPoint presentation on potential zoning code amendments that had been discussed among staff and at previous Planning Commission meetings. Although there were several items listed such as SEPA exemptions, wind turbines, doggy daycaze and residential pazking, two stood out as most pressing: Planning Commission Meeting February 16, 2010 Page 1 of 3 • Amend BMC 20.40 Figure B to include Industrial Park and City Utility Lands as appropriate zoning designations for the Comprehensive Plan designation of Industrial. Currently there are several locations within the city that aze zoned City Utility Lands or Industrial Park that are designated as Industrial in the Comprehensive Plan. It is believed that the omission of Industrial Park and City Utility Lands from Figure B was an oversight and should be conected. Five properties owned by the City for public works facilities would be impacted by this amendment. ' • Add "Community Facility" as a permitted use in the RIO, CCR, and MR residential zoning disiricts with the same requirements as Worship and Religious Facilities to ensure consistency as both facilities are similar in their uses. Each applicable section of BMC Title 20 would be amended to read "... Worship and religious facilities and communitY facilities ...". A Community Facility is defined as "A facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, programs to promote economic independence or similar functions." (BMC 20.42.040) Staff would like to make the necessary conections and bring the amendments before the Planning Commission in a Public Hearing at the regular Mazch meeting. Commissioner Streissguth suggested broadening the language regarding wind turbines to include solar energy, fuel cells, etc., perhaps using the term "alternative energy sources". Andrea Spencer, Director of Community Development, suggested waiting on this item until the Senate makes a decision as to whether or not pernuts would be required to implement small-scale alternative energy facilities. Commissioner Hoell asked for additional information regarding amendments to the sign code. Currently, the sign code contains language that would a11ow the City to remove non-conforming signs such as billboards after a certain period of time. Other jurisdictions with similar language have been challenged so staff felt it prudent to review this item. Staff asked for general direction on the remaining items on the list of potential code amendments. The Commission deferred to staff's discretion with the recommendation of working on items that the citizens were most vocal about first such as residential parking regulations and SEPA exemptions. Chairman Cockburn closed the Public Meeting. VI. Business Meeting A. Chairman's Renort: Chairman Cockburn spoke about a book he had recently read titled, "When Giants Fall: An Economic Roadmap for the End of the American Era" by Michael Panzner, which highlighted the coming importance of cities in the future when providing services such as water and power to rural areas becomes too cost prohibitive. He felt it tied in with the Planning Commission's role in increasing density within our city limits as well as raising awareness for water preservation. Plamiing Commission Meeting February 16, 20l 0 Page 2 of 3 B. Director's Reuort: Andrea Spencer, Director of Community Development, gave a presentation of the Department of Community�Development and what the department does for the City as well as how each section of the department intermeshes with the others. C. Old Business: None D. New Business: Staff reminded the Commission about a roundtable discussion opportunity to weigh in on the PSRC Transportation 2040. The event will be on February 24, 2010 at 3 PM in the Sylvan Way branch of Kitsap Regional Library. VII. Adjournment Meeting was adjourned at 6:24 p.m. The next Regular Meeting is scheduled for March 16, 2010. Re ctfully submitted by: drea cer, Executive Secretary Approved by: r��/..� C , �Q�l foI John Cockburn, Chairman Planning Commission Meeting February l 6, 2010 Page 3 of 3 Minutes for City of Bremerton Planning Commission Regular Meeting March 16, 2010 I. Call to Order The meeting was called to order by Vice-Chairman Hoell at 5:31 p.m. II. Roll Call Those present were: Commissioner Kosusko, Commissioner Mosiman, Commissioner Streissguth, and Vice-Chairman Hoell. Chairman Cockburn was excused. Quorum cert�ed. Also present: Andrea Spencer, Nicole Ward, and Pam Bykonen (DCD stai�. III. Approval of A.genda Vice-Chairman Hoell introduced the agenda.� A motion was made by Commissioner Streissguth and seconded by Commissioner Kosusko to approve tLe agenda as presented. It was agreed by general consensus to approve the agenda as presented. IV. Approval of Minutes The minutes of the Regular Meeting held on February 16, 2010 were presented for approval by Chauman Cockburn. A motion was made by Commissioner Streissguth and seconded by Commissioner Mosiman to approve the Regular Meeting Minutes of February 16, 2010 as presented. Called for a vote: Commissioner Kosusko: Abstain; Commissioner Mosiman: Yes; Commissioner Streissguth: Yes; Vice-Chairman Hoell: Yes. The motion carried. VI. Public Meeting• A. Call To The Public (public comments on any item not on tonight's agenda). Vice-Chairman Hoell asked if there were any comments from citizens. Seeing none, she closed this portion of the meeting. 1. Public Hearing — Zoning Code Amendments: Nicole Ward, City Planner, gave a brief PowerPoint presentation on the proposed zoning code amendments that had been the subject of the workshop held at the February Planning Commission meeting. • Amend BMC 20.40 Figure B to include Industrial Park and City Utility Lands as appropriate zoning designations for the Comprehensive Plan designation of Industrial. Currently there are several locations within the city that are zoned City Utility Lands or Industrial Park that are designated as Industrial in the Comprehensive Plan. It is believed that the omission of Industrial Park and City Utility Lands from Figure B was an oversight and should be corrected. Five properties owned by the City for public works facilities would be impacted by this amendment. • Add "Community Facility" as a permitted use in the R10, CCR, and ll� residential zoning districts with the same requirements as Worship and Religious Facilities to ensure consistency as both facilities are similar in their uses. Each applicable section of BMC Title 20 would be amended to read "... Worship and religious facilities and communitK tacilities ...". 1'his Planning Commission Meeting March 16, 2010 Page 1 of 2 amendment would affect land use zones R-10 (Low Density Residential), CCR (City Core Residential), and MR (Multiple Residential). Commissioner Kosusko asked for the definition of a Community Facility. The zoning code defines Community Facility as "A facility operated by a public agency or nonprofit organization for social gatherings, meetings, learning, recreation, and programs to promote economic independence or similar functions" (BMC 20.42.040). Commissioner Kosusko then asked if, by including Community Facilities as an outright permitted use or conditional use in residential neighborhoods, would that also include needle exchange facilities. Nicole said it would not because needle exchange facilities are considered detoxification centers, not community centers. Vice-Chairman Hoell asked if there were any comments from citizens. Seeing none, she closed - this portion of the Public Hearing. A motion was made by Commissioner Streissguth and seconded by Commissioner Kosusko to recoffimend City Council to adopt the amendments to BMC Title 20 relating to the consistency Table and Commnnity Facilities as detailed in Attachment I, based on the Findings and Conclusions presented in Attachment II. Called for a vote: Commissioner Kosusko: Yes; Commissioner Mosiman: Yes; Commissioner Streissguth: Yes; Vice-Chairman Hoell: Yes. The motion carried. Vice-Chairman Hoell closed the Public Meeting. VI. Business Meeting A. Chairman's Reuort: None. B. Director's Reaort: Andrea Spencer, Director of Community Development, indicated that Greg. Jose and Rick Tift, are scheduled for confirmation by the City Council as members of the Bremerton Planning Commission on Wednesday, March 17, 2010, and they are scheduled to begin their terms in April. Mr. Jose was in attendance at the meeting and Ms. Spencer introduced him to the Commission. C. Old Business: None D. New Business: None. VII. Adjournment Meeting was adjourned at 5:42 p.m. The next Regulaz Meeting is scheduled for Apri120, 2010. Resp ctfully submitted by: ea Sp c, xecutive Secretary A ved by: �A �-�S� � . John Cockbum, Chairman Planning Commission Meeting March 16, 2010 Page 2 of 2 ORDINANCE NO. � � � � AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Zoning Code in Chapter 20.40 Figure B modifying the Comprehensive Plan / Zoning Code Consistency Figure; and adding Community Facilities to the Low Density Residential (20.60), City Core Residential (20.78), and Multiple Residential (20.79) Zones in the same way Religious and Worship Facilities are permitted in these zones. WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments aze consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on February 10, 2010 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period and the City received conformation on February 10, 2010 that the notice was received; and WHEREAS, on February 16, 2010 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on March 9, 2010 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on March 16, 2010 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on Mazch 11, 2010 a SEPA DNS was issued for the proposed action with an administrative appeal deadline of April 8, 2010 and no appeals were filed; and WHEREAS, on April 24, 2010 the public was notified by a legal advertisement in 1 Zoning Code Amendment the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on May 5, 2010 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 ORDAIN AS FOLLOWS: SECTION 1. The fmdings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Figure 20.40(a) in the Bremerton Municipal Code entitled "Comprehensive Plan / Zoning Consistenc}�' is hereby amended to add Industrial Park and City Utility Land into the Industrial designation as follows: The following figure lists the Bremerton Comprehensive Plan Land Use Map designations with corresponding BMC Title 20, Land Use, implementing zoning districts. Figure 20.40(b) COMPREHENSIVE PLAN/ZONING CONSISTENCY COMPREHENSIVE PLAN IMPLEMENTING ZONING DISTRICTS DESIGNATION Low Density Residential (LDR) Open Space (OS) Low Density Residential (R-10) Core Centers Supporting Residential City Core Residential (CCR) (CCSR) Neighborhood Centers (NC) Low Density Residential (R-10) Neighborhood Center Core (NCC) District Centers (DC) Low Density Residential (R-10) District Center Core (DCC) Employment Center (EC) Employment Center (EC) Master Development (MD) Institutional (INST) Low Density Residential (R-10) Commercial Corridor (CC) Business Core (BC) Downtown Core (DC) Downtown Regional Center (DRC) Downtown Waterfront (DW) f Multiple Residential (MR) Neighborhood Business (NB) Limited Commercial (LC) Low Density Residenrial (R-10) Manufacturing and Industrial Center (MIC) Industrial (I) Commercial Corridor (CC) Commercial Corridor (CC) 2 Zoning Code Amendment Wheaton Way Redevelopment Corridor �eaton Way Redevelopment Corridor (WWRC) (W WRC) Freeway Corridor (FC) Freeway Corridor (FC) Neighborhood Business (NB) Neighborhood Business (NB) Limited Commercial (LC) Limited Commercial (LC) Industrial (I) Industrial (I) Industrial Park (IP� Citv Utility Land (CiJL) Industrial Park (IP) Industrial Park (IP) Marine Industrial (MI) Marine Industrial (MI) Higher Education (HE) Insritutional (INST) Low Density Residenrial (R-10) Public Sector Redevelopment Site (PSRS) Master Development (MD) Institutional (INST) Transportation, Urilities and Public Industrial Park (IP) Facilities (TUPF) City Utility Lands (CUL) City Utility Lands (CiTL) City Utility Lands (CUL) Watershed Lands (WS) Watershed Lands (WS) Reserve Center (RC) (Overlay) Per the implementing zones of the underlying Comprehensive Plan designation Homeport - PSNS PSNS Industrial Support - PSNS SECTION 3. Section 20.60.020 of the Bremerton Municipal Code entitled "Permitted Uses" is hereby amended to add Community Facilities as follows: 20.60.020 PERMITTED USES Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless telecommunication per BMC Section 20.46.140. (c) Day care facility of 12 or fewer persons receiving care; (d) Education & Schools (K-12) of 12 or fewer students; (e) Foster home; ( fl Group residential home; (g) Manufactured home per BMC Section 20.46.040; (h) Parks, playground and open space equal or less than 0.5 acres (21,780 square feet); (i) Single-unit dwelling unit — detached; (j) Single-unit dwelling unit — attach (Zero lot lines) per BMC Section 20.60.060(b); � (k) Worship,-a� religious,-�'�� and communitv facilities of 20,000 square feet gross floor area or less; 3 Zoning Code Amendment (1) Incubator for Business associated with a Worship and Religious Facility or Community Facility provided the following conditions_ are met: (1) The Incubated Business is a use that is permitted outright in the Neighborhood Business Zone Section 20.82.020; and (2) La.ndscaping and signage requirements of the Neighborhood Business zone, BMC Chapter 20.82 shall be met; and (3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. SECTION 4. Section 20.60.040 of the Bremerton Municipal Code entitled "Conditional Uses" is hereby amended to add Community Facilities as follows: 20.60.040 CONDITIONAL USES The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020 subject to the corresponding conditions (a) Bed & Breakfast provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) Full Time Equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, is required. (5) Off-street parking spaces may be reduced provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets. (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirly (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of ineals to non-resident guests for compensation are allowed; and (8) Any remodeling of the residential structure shall maintain the residential � nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group Residential Facilities Class I provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non-residents, additional parking spaces are required at one (1) per three-hundred (300) square feet of gross floor area used for counseling services; (6) The number of required off-street parking spaces may be reduced provided 4 Zoning Code Amendment the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior Housing Complex provided the conditions set forth in BMC Section 20.46.090 are satisfied. (d) Nursing/ Convalescent Homes provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Minimum site azea shall be no less than one (1) acre; (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per six-hundred (600) square feet of gross floor area; ' (6) The number of required off-street parking spaces may be reduced provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (7) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to rnitigate any impacts to adjoining residential properties. (e) Day Care Facilities (Thirteen (13) or more persons receiving care) provided: (1) All state licensing requirements are satisfied; (2) The site is located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each (five) 5 children based on the state license maximum occupancy load; (4) One (1) loading/ unloading space without back up is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (5) The number of required off-street parking spaces may be reduced provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets. (6) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; and (7) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet provided it enhances safety and security of an outdoor play area. ( fl Adaptive Reuse of Public and Semi-Public Buildings provided the conditions set forth in BMC Section 20.46.070 are satisfied. (g) Manufactured Home Park or Expansion of Existing Parks provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; i I � 5 Zoning Code Amendment i ; i (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds. (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads at least Fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separation between all manufactured homes. (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum (five) 5-foot high by (five) 5-foot wide sight- obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; (10) Ten percent (10%) of the site shall be maintained as common recreational open space for the use of residents and (i) May include community areas and facilities such as playgrounds, swimming pools, hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoy of the residents; (11) Trees meeting the standards set forth in BMC Chapter 20.50 shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a properly line abuts an alley or is obstructed by a building or other structure; 6 Zoning Code Amendment (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. I (h) Worship, -a� Religious, and Communitv Facilities greater than 20,000 square feet provided: (1) The site is located on a collector or higher street; (2) The site area shall be one (1) acre or more; and (3) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (i) Golf Course provided: (1) A site plan review and a site development permit are approved pursuant to BMC Chapter 20.58. (2) Through the Conditional Use Permit modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Access to the site shall be from an arterial street or highway; and (4) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood. (j) Schools, Parks and Associated Uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a Conditional Use Permit: (i) All public schools and associated gymnasium and auditorium; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (0.5) acres; (iv) Outdoor Athletic Fields; (v) Boat Launching and related facilities; (vi) Maintenance & Service Yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than 2,000 square feet gross floor area; (ix) Buildings and Structures for nonprofit groups on public lands; (2) Uses permitted pursuant to BMC Section 20.60.040(j)(1) shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings provided that it is setback an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed 45 feet. 7 Zoning Code Amendment (iv) Landscaping is provided meeting the minimum requirements for non-residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximtun height of a fence or wall within a front yard setback may be increased to six (6) feet provided it enhances safety and security around an outdoor play area. (k) Public Utility Facilities located above ground provided: (1) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (1) Law Enforcement and Fire Facilities provided: (1) Landscaping is provided meeting the minimum requirements for non- residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (m) Neighborhood Businesses provided: (1) The use is listed as a permitted use in BMC Section 20.82.020; (2) The use is a pre-existing use that has legally operated within the previous twelve (12) month period; and (3) The use is not expanded beyond its existing footprints. SECTION 5. Section 20.78.040 of the Bremerton Municipal Code entitled "Conditional Uses" within the City Core Residential zone is hereby amended to add Community Facilities as follows: 20.78.040 CONDITIONAL USES. The following uses may be permitted provided a Conditional Use Permit is approved pursuant to BMC Section 20.58.020. Conditions for approval of the following uses shall be the standards listed for the corresponding use in BMC Section 20.60.050, the Conditional Uses section of the Low Density Residential zone: (a) Bed & breakfast; (b) Class I group residential facilities; (c) Senior housing complex; 8 Zoning Code Amendment (d) Nursing / convalescent home; (e) Day care facilities; ( fl � Worship, reliQious, and communitv facilities; (g) Schools, parks and associated facilities of the types set forth in BMC Section 20.6o.oso�). SECTION 6. Section 20.79.040 of the Bremerton Municipal Code entitled "Conditional Uses" is hereby amended to add Community Facilities within the Multiple Residential zone as follows: 20.79.040 CONDITIONAL USES The following conditional uses shall be permitted pursuant to BMC Section 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC Section 20.60.040 (Low Density Residential zone): (a) Bed & breakfast; (b) Senior housing complex; (c) Nursing / convalescent home; (d) Day care facilities (more than 12 persons receiving care); I (e) Worship religious�, and communitv facilities; . ( fl Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j). SECTION 7. Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 8. 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 , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor 9 Zoning Code Amendment ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R:�L,egal�I,ega1\Ordinances\Community Development�2,010 Zoning code Amendments.doc 10 Zoning Code Amendment Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: There are finro amendment topics proposed to the Bremerton Municipal Code (BMC) Title 20 (generally referred to as the "Zoning Code"). The amendments are as follows: 1) Amend the Comprehensive Plan / Zoning Code Consistency chart by adding finro zoning districts (Industrial Park and City Utility Lands) to the Industrial designation within the Comprehensive Plan; and 2) Add the use "Community Facility" to the three residential zoning districts in the same way as the use "Worship and Religious Faciliiy" is currently permitted. I. FINDINGS OF FACT 1. Project Description: Proposed amendments to the Zoning Code include the following: o Amend BAIIC 20.40 Figure B by adding two zoning designations to the Industrial Comprehensive Plan designation. The two zones to be added are Industrial Park and City Utility Lands. The consistency table ident�es which zones are acceptable in each Comprehensive Plan designation. Staff has identified a few properties which are inconsistent, in that the designation does not match with the zoning district. All of these properties are designated industrial in the Comprehensive plan however they are zoned either Industrial Park or City Utility Lands. Originally staff had considered changing the zoning of these inconsistent properties to industrial; however a closer look redealed that action could allow more intense uses in locations adjacent to residential properties. Alternatively, staffs reviewed the intent of the industrial designation and found that the fi+vo zones (Industrial Park and City Utility Lands) are consistent with the Comprehensive Plan Designation. In order to achieve consistency and minimize potential impacts to neighborhoods the Planning Commission recommends amending Figure B to include the Industrial Park and City Utilit�r Land zones. o Add "Community Facility" to the three residential zoning districts in the same way "Worship and Religious Facilities" are currently permitted. These uses are very similar in nature and are typically permitted using the same criteria in other zones; � however, community facilities are not discussed in the three residential zones which are the Low Density Residen#ial, City Core Residential, and Multiple Residential Zones. Planning Commission recommends folding the use "Communifiy Facility" into the existing language relating to Worship and Religious Facilities for all three zones. 2. Procedural History 2.1 February 10, 2010 - Department of Commerce 60 review period began 2.2 February 16, 2010 - Planning Commission Workshop 2.3 March 9, 2010 - Notice of Public Hearing 2.4 March 11, 2010 - SEPA Determination of Non-Significance 2.5 March 16, 2010 - Planning Commission Public Hearing � Exhibit A 3. Public Comment Individuals providing verbal testimony at Planning Commission public hearing: a. None 4. SEPA Determination A Determination of Non-Significance was issued on March 11, 2010, with a comment deadline of March 25, 2010, and an appeal deadline of April 8, 2010. No comments or appeals have been filed to date. � 5. Consistency Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. BMC 20.18.020(d)(1.) allows tex# amendments if they are consistent with the goals and policies of the Comprehensive Plan. Analysis: The amendments are minor and continue to uphold the objectives and goais of the Comprehensive Plan. These amendments do not change the intent or purpose of the Zoning Code. BMC 20.18.202(d)(2) allows text amendments if they are consistent with other City, � State, and Federal codes, regulations and ordinances: Analysis: The proposed amendments to the Zoning Code do not conflict with any other regulations. II. COPICLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that the Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code, and therefore recommends the adoption of the amendments to the Zoning Code. Res ctFully submitted by: � drea . ncer, Executive Secretary Approved by: ! , �i „ .. � � � John Cockbum, Chair DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and passage of Committee Meeting Date: 4/21/2010 Resolution No. �� adopting the 2011 COUNCIL MEETING Date 5/5/2010 CDBG/HOME Policy Plan Department: DCD — Block Grant Presenter: M. Vila Phone: 360-473-5375 SUMMARY: T'he CDBG / HOME Policy Plan sets pazameters for the City's management of its HUD entitlement, including outlining the citizen participation plan, application and review processes, and eligibility and implementation requirements for grant funded projects. The 2011 Policy Plan's accompanying administrative documents have been updated for dates and anticipated funding, but otherwise have not been substantially changed from last year. ATTACHMENTS: 1. Staff Memo 2. Resolution with Exhibits (�� • 3 �� 5 � Exhibit A: 2011 CDBG/HOME Policy Plan Exhibit B(1-3): 2011 CDBG/HOME Applications Exhibit C: 2011 CDBG/HOME Policy Plan Supplement Exhibit D: 2011 CDBG/HOME Application Instructions FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR f COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING � RECOMMENDED MOTION: Move to pass resolution No. 31l 5 adopting the 2011 CDBGlHOME Policy Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action • RESOLUTION NO. 3 l( 5 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2011 CDBG/HOME Policy Plan. WHEREAS, the City of Bremerton receives a Community Development Block Grant (CDBG) entitlement each year from the Department of Housing and Urban Development, and also receives funding from HtJD's Home Investment Partnerships (HOME) fund via an inter-local agreement with Kitsap County; and WHEREAS, the City of Bremerton is required to establish a Policy Plan for the City's management of its HUD entitlement, including outlining the citizen participation plan, application and review processes, and eligibility and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton currently has an established CDBG/HOME Policy Plan which is reviewed annually, and any programmatic changes are presented to Council for approval; and WHEREAS, the Department of Community Development CDBG/HOME staff recommends adopting changes to the 2011 CDBG/HOME Policy Plan which includes minor regulatory clarifications, and updates to anticipated funding, dates, staff contacts and advisory committee members; and WHEREAS, on Monday, April 5, 2010 the Department of Community Development CDBG/HOME staff advertised in the Kitsap SUN and concurrently posted on the City's website a 30-day written public comment period commencing Apri15, 2010 and a public hearing on Wednesda.y, May 5, 2010; and WHEREAS, no comments were received during the advertised public comment period; 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 2011 CDBG/HOME Policy Plan attached hereto as Exhibit A and its accompanying administrative documents, Exhibit B-1 (Capital Application), Exhibit B-2 1 2011 CDBG/HOME Policy Plan (HOME Application), Exhibit C(Policy Plan Supplement) and Exhibit D(Application Instructions), is hereby adopted. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:�L.egal\Legal�Resolutions\Community Development�2011 Policy Plan.doc 2 2011 CDBG/HOME Policy Plan � '�� "�� DEPARTMENT OF ; � , � -" � ._ . ':�� `" � �`� � '�� r- �( ��, �i �:� COMMUNITY DEVELOPMENT "':� ;�.....��-- ,, �I� � � � _ , � �� °`�_=�-�..� J��`�� I M E M O RAN D U M � . i. - To: City Council From: Marie Vila, CDBG/HOME Administrator Date: April 21, 2010 Re: 2011 CDBG / HOME Policy Plan The CDBG / HOME Policy Plan sets parameters for the City's management of its HUD entitlement, including outlining the citizen participation plan, application and review processes, and eligibility and implementation requirements for grant funded projects. City Council adopted the 2010 Policy Plan on April 15, 2009 by resolution No. 3084. A 30-day public comment period, commencing April 5, 2010, was advertised in the Kitsap Sun. All comments received from the public will be provided to City Council for consideration. The Draft 2011 CDBG / HOME Policy Plan, Application and Supplement will be presented to City Council for adoption in a public hearing scheduled for May 5, 2010. The Draft 2011 CDBG / HOME Policy Plan makes not substantial changes, and includes only basic updates to application dates, Citizen Advisory Committee membership, and anticipated funding. If you have any questions about the program or recommended funding, please do not hesitate to contact me at 473-5375. i EXHIBIT A �� - � �� U `�J �� _ , . � p � � � -' d � . Q �� : � ,. 2011 Community Development Block Grant 2011 CDBG/HOME POLICY PLAN CDBGlHOME POLICY PLAN Contents Citizen Participation Plan "' ................................................................................. iii Five Year Consolidated Plan ............................................................................. v Annual Allocation Process / Action Plan Submission ................................... vi Section 108 Loan Guarantee Program .......................................................... viii Other Citizen Participation Opportunities ...............................................xi General Information .............................................................................xii Part I: 2011 CDBG/HOME Allocation — General Information ...........................1 PART 11: 2011 CDBG / HOME Allocation Policy .............................................. 6 PART 111: 2011 CDBG National Objectives and Eligibility Requirements... 20 , � 2011 CDBG/HOME PtAN AND APPLICATION Il THE POLICY PLAN WHAT IS THE POLICY PLAN? The City of Bremerton conducts a competitive annual process for Capital/Economic Development/HOME projects and a competitive process every two years for Public Service projects to determine allocation of CDBG and HOME funds. The allocation plan is forwarded to HUD annually in the Action Plan. The Policy Plan sets forth the rules and procedures followed by the jurisdiction to conduct the competitive annual process. The Action Plan is serves as an annual update to the Consolidated Plan, demonstrating to HUD annually how the jurisdiction plans to allocate Block Grant funding in order to achieve the goals set forth in the Consolidated Plan. FIVE-YEAR CONSOLIDATED PLAN The Consolidated Plan is the result of a process set forth by the Department of Housing and Urban Development (HUD) to provide a planning and application process for the Community Development Block Grant (CDBG) and HOME programs within a single document. The Kitsap County HOME Consortium is required to submit the Consolidated Plan for the HOME participating jurisdiction (which consists of Kitsap County and the City of Bremerton). The current Consolidated Plan, which is in place through 2010, is available online at http://www.ci.bremerton.wa.us/displav.php?id=790 or a copy can be requested from the City of Bremerton Department of Community Development. Development of the 2011-2015 Consolidated Plan is currently underway, and will be available for review and comment during September and October 2010. It will be submitted to HUD November 15, 2010, concurrently with the 2011 Action Plan. There are a number of specific elements in the Consolidated Plan, including: • an assessment of housing needs (primarily of low and moderate income people) and needs of homeless people; � an analysis of the City of Bremerton and Kitsap County's housing market; • a discussion of the City of Bremerton and Kitsap County's strategies, priority needs, and objectives for housing and community development activities; and • two action plans, one that describes the activities Kitsap County will undertake to address priority needs during the next program year utilizing HOME, CDBG, and Public Housing Comprehensive Grant funds and one that describes the activities the City of Bremerton will undertake to address priority needs during the next program year utilizing CDBG funds. Governments, service providers, citizens, and non-profiUprofit agencies are encouraged to identify needs and priorities, assist in the development of strategies, and to participate in the annual allocation process. Following are specific opportunities available for citizens to participate in the development of the information to be incorporated in the Consolidated Plan, which is updated every five years. 2011 CDBG/HOME PLAN AND APPLICATION 111 1. At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning housing and community development needs, inctuding non-housing community development needs and priorities during development of the plan. 2. The Department of Community Development will specifically consult with appropriate social service agencies regarding the housing and community development needs and priorities of children, elderly persons, persons with disabilities, homeless persons and other persons served by such agencies. 3. The Department of Community Development will coordinate with the Bremerton Housing Authority (BHA) and Kitsap County Consolidated Housing Authority (KCCHA) to encourage participation of residents of public and assisted housing and other low income residents of targeted revitalization areas, in the process of developing and implementing the Consolidated Plan. 4. Agencies working with low and moderate income persons, particularly those living in slum and blighted areas and residents of predominately low and moderate income neighborhoods, minorities, non-English speaking persons, and persons with disabilities will be contacted to encourage participation in the development of the Consolidated Plan. Annual Allocation Process / Action Plan Submission The City of Bremerton conducts a competitive annual process for Capital/Economic Development/HOME projects and a competitive process every two years for Public Service projects to determine allocation of CDBG and HOME funds. The public is encouraged to participate in the process and its end product: the submission of an annual Action Plan to the Department of Housing and Urban Development. 1. The Department of Community Development will place an advertisement in The Kitsap Sun announcing the acceptance of applications for funding under the HOME/CDBG program. 2. At least one mandatory technical assistance training will be held within the City of Bremerton. During the meetings, the Community Development Department will provide information to citizens concerning who can apply for funds, funds expected to be available, the estimated amount of funds that will benefit low and moderate income persons, the range of activities that may be undertaken, priorities for funding, application submission requirements, the application deadline, and how decisions concerning funding will be made. Applications will be made available in a format accessible to persons with disabilities upon request. Applications may be obtained from, and must be submitted to, the City of Bremerton Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337-1873. Applications are also available on the City of Bremerton website: http://www. ci. bremerton.wa. us/disqlav. php?id=864 • Staff at the Department of Community Development is available to provide technical assistance to citizens and organizations concerning the submission of applications. 2011 CDBG/HOME PLAN AND APPLICATION 1V • The Department of Community Development will review appiications to determine compliance with technical requirements. • Applications must be submitted by the due date; postmark is not sufficient. 3. Applicants are encouraged to take part in a review of their application by appointment no later than two weeks before the application due date. This review will be conducted by Block Grant staff and cover only the technical requirements of the application. 4. The Citizen Advisory Committee will review all proposals and interview applicants. 5. The Citizen Advisory Committee will formulate funding recommendations based on application review and assessment, project compatibility with the Consolidated Plan goais, and applicant interviews. Recommendations are made for allocation of the projected funding, and will include a contingency plan in the event that the City receives more or less funding than anticipated. If the contingency recommendation is inadequate for any year's funding circumstances, the City's policy will be to fund or defund projects proportionately according to award priority ranking. 6. Applicants submitting proposals will be notified in writing whether or not the Citizen Advisory Committee has recommended their proposal for funding. The notification will include the date, time and place of the pubtic hearing before the Bremerton City Council. 7. A summary of the draft Action Plan will be published in The Kitsap Sun and on the City's website, and copies will be available at public libraries listed in the resource section of this plan and the City of Bremerton o�ce. The summary will describe the contents and purpose of the action plan, and include a list of locations where copies of the entire proposed plan may be examined, along with the date, location, and time of the Bremerton City Council Public Hearing to adopt the plan. Citizens will be provided a period of at least 30 days to review and comment on the plan. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final consolidated plan which will be submitted to HUD. 8. The Department of Community Development will submit the Action Plan, including the projects proposed to be funded, to the Department of Housing and Urban Development no later than November 15th of each calendar year. 2011 CDBG/HOME PLAN AND APPLICATION V CITIZEN PARTICIPATION PLAN INTRODUCTION The City of Bremerton has received federal Community Development Block Grant (CDBG) funds for over 20 years. During the period 1992 through 1995 the City deferred its status to allow Kitsap County to become an urban county entitlement. The City regained its entitlement status in 1996. The City has formed a consortium with Kitsap County for the period of 2005-2010 and beyond under the HOME program in order to better assure the receipt of funds. Each year the City of Bremerton is eligible to receive CDBG and HOME funds. There are specific rules and regulations governing the allocation and use of the funds, including provisions for citizen invotvement in decision making. The City of Bremerton is committed to assuring opportunities for citizen involvement in decisions concerning activities taking place within their communities. The citizen participation plan outlines opportunities for citizen involvement in community development and housing programs. While the citizen participation plan gives citizens maximum opportunity to participate in the planning, implementation and assessment of housing and community development programs, final authority for development, modification and execution of programs lies with the Bremerton City Council. APPLICABLE PROGRAMS The programs covered by the citizen participation plan are the Community Development Block Grant (CDBG) Program and the HOME Program. PURPOSE � The purpose of the Citizen Participation Plan is to provide an ongoing mechanism to ensure widespread citizen participation whereby all citizens have an opportunity to fully express their needs and wishes for community improvement. Special efforts will be made to encourage participation of: • Low and moderate-income persons, particularly those living in slum and blight designated areas • Residents of predominately low and moderate income neighborhoods. • Minorities and non-Engtish speaking persons, as well as persons with disabilities. This plan provides opportunities for representation of all of the citizens of the City of Bremerton by allowing them to have a voice in the decision-making process and giving them greater power and control over activities taking place within their communities. 2011 CDBG/HOME PwN AND APPLICATION Vl DEFINITIONS CITIZEN ADVISORY COMMITTEES (CAC) Two five-member committees established by the Mayor consisting of citi2ens representing East and West Bremerton and the City at-large. The Citizen Advisory Committees assist the Department of Community Development in reviewing CDBG and HOME applications, interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council. One committee recommends funding for Public Service activities and is fully comprised of appointees by the Mayor. The other recommends funding for Capital, Economic Development and Planning projects. Two of its five committee members are appointed ex officio from the City Council and the Planning Commission, and the other three are appointees of the Mayor. COMMUNITY OR PUBLIC MEETING A meeting hosted by the Department of Community Development to obtain citizens' views and opinions concerning planning, implementation, or assessment of activities. At least ten days before any scheduled meeting, the date, location and time will be advertised in The Kitsap Sun and on the City's website at www.ci.bremerton.wa.us. KITSAP REGIONAL COORDINATING COUNCIL (KRCC) Comprised of three Kitsap County Commissioners and the Mayors of Port Orchard and Poulsbo, Mayors and City Council Representatives from Bremerton and Bainbridge Island, and representatives of other member agencies. The KRCC is responsible for establishing policies for the overall administration of the HOME program. DEPARTMENT OF COMMUNtTY DEVELOPMENT (DCD) The City of Bremerton Department of Community Development. TECHNICAL ASSISTANCE MEETING A meeting hosted by the Department of Community Development to inform citizens and funding applicants of technical aspects of the CDBG and HOME programs and to review application requirements for the upcoming year. At least ten days before the scheduled meeting, the date, location and time will be advertised in The Kitsap Sun and on the City's website at www.ci.bremerton.wa.us. PUBLIC HEARING A hearing hosted by the Bremerton City Council. Notice of public hearings will be published in accordance with the City's policy for publishing notices. Whenever practical, the DCD will publish a notice of the hearing in The Kitsap Sun and on the City's website if it relates to the programs covered under this plan. 2011 CDBG/HOME P�AN AND APPLICATION Vll SECTION 108 LOAN GUARANTEE Guarantee loan funds may be used for activities described in 24 CFR 570.703 provided such activities meet the general requirements of the CDBG program as described at 24 CFR 570.200. Eligible activities include, but are not limited to: acquisition and rehabilitation of real property; specific relocation assistance; clearance, demolition and removal activities; site preparation; specific economic development activities; acquisition, construction, reconstruction, rehabilitation, or installation of public facilities; and specific construction of housing by non-profit organizations. The Section 108 process may be conducted in conjunction with the CDBG entitlement process. However, the Section 108 application must be addressed separately. The actions will occur to encourage citizen participation prior to submission of an application for loan guarantee assistance to HUD: 1. A notice will be placed in The Sun describing: the amount of guaranteed loan funds expected to be made available, including program income expected to be made available by the activities carried out with guaranteed loan funds; eligible activities; the estimated amount of funds planned to be used to benefit low and moderate income people; the proposed activities likely to result in displacement; and where citizens may obtain additional information about the proposed application. 2. At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning community development and housing needs and devetopment of proposed activities. The meeting may be combined with other CDBG meetings if each subject is treated separately. 3. Technical assistance will be provided, by the Community Development Department, to those requesting assistance in developing proposals for loan guarantee assistance, particularly to groups representing persons of low and moderate income. 4. The proposed application will be presented during the City of Bremerton City Council's public hearing process for adoption. Citizens and organizations are encouraged to attend the hearing and testify concerning the application. Comments will be incorporated into the application as appropriate. 5. Requirements previously stated relating to meeting needs of non-English speaking residents, responding to citizens complaints, and addressing displacement shall apply to the Section 108 citizen participation requirements. 2011 CDBG/HOME P�.a,N AND APPLICATION Vlll Other Citizen Participation Opportunities IMPLEMENTATION Each CDBG / HOME funded program is unique and may receive some form of citizen involvement during the implementation phase. Each project is subject to citizen involvement but will use a form appropriate to the project's purpose. AMENDMENTS TO THE ANNUAL ACTION PLAN Citizens will be notified and have an opportunity to comment on any Substantial Changes or amendments proposed to the Annual Action Plan. A Substantial Change will trigger an amendment to the Annual Action Plan, and includes: 1. A change in the amount to be expended on a project equal to a 10% increase or decrease to the total CDBGlHOME allocation in a specific project. 2. Canceling an approved project, or adding a new project. 3. A change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds. Amendments to the Action Plan will be recommended by the DCD and acted upon by the City of Bremerton City Council at a regularly scheduled Public Hearing. Notice of the proposed amendment will be published in The Sun and on the City's website at least thirty (30) days prior to the Public Hearing to allow for public comment prior to implementation of the proposed amendment. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the substantial amendment of the final consolidated plan which will be submitted to HUD. Minor Changes: Any request for a change in the amount to be expended equal to or less than 10% increase or decrease to the CDBG/HOME allocation in a specific project, or a minor change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds, shall not be considered a Substantial Change requiring citizen notification and Annual Action Plan amendment; however, prior written approval of these chanqes must be obtained from the Block Grant Administrator. Minor project changes may need to be formalized as an amendment to the sub-recipient Agency's contract with City. The Agency will submit a written request for change to the Block Grant Administrator stating the specific reasons for the requested increase or decrease in funding, or change in purpose, scope, Iocation or beneficiaries. All requests will be reviewed, and approved or denied by the Block Grant Administrator. ZOl l CDBG/HOME PLAN AND APPLICATION 1X PERFORMANCE REPORTS 1. The City of Bremerton will prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD no later than April 15 of each year for the previous calendar year. 2. Availability of the CAPER for public review will be published in The Kitsap Sun and copies will be available on the City's website, at public libraries listed in the resource section of this plan and at the City of Bremerton office. 3. Citizens will be provided a period of at least 15 days to review and comment on the CAPER. Comments or views of citizens will be considered in the report, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the CAPER and submitted to HUD. GENERAL INFORMATION TECHNICAL ASSISTANCE Any citizen may contact the Department of Community Development for technical assistance in relation to programs described in this Plan. The Department will help citizens understand CDBG and HOME funded programs, the procedures for submitting proposals, the Citizen Participation Plan and other program requirements so they can effectively participate in CDBG /HOME programs and the funding process. PUBLIC SERVICE APPLICATION PROCESS Beginning with funding year 2010, applications for Public Services funding under the CDBG program will only be accepted every two years. Applications will be accepted in the odd-numbered year for funding in the following even-numbered year (Funding Year 1) and the subsequent odd-numbered year (Funding Year 2). Applicants applying for CDBG grants for Public Services will request grants for a finro- year period, Funding Year 1 and Funding Year 2. If awarded, one half of the award will be granted and must be spent in Funding Year 1 and the second half of the award will be granted and must be spent in Funding Year 2. Separate contracts will be drawn for each Funding Year. At the end of Funding Year 1, recipients must complete an Application Renewal Form, show compliance with all CDBG regulations, have spent all funding allocated for Funding Year 1, and demonstrate adequate project progress in order to receive a contract for Funding Year 2. As with all CDBG/HOME funding, awards for both Funding Years are contingent upon receipt of funding from the U.S. Department of Housing and Urban Development. COMPLAINTS All written citizen complaints will be referred to the appropriate person(s) or agencies for action. Under normal circumstances, the Department of Community Development will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. DISPLACEMENT Proposals for CDBG and HOME funded projects that are likely to cause displacement of people or businesses are discouraged. Any proposal for funds that is likely to cause 2017 CDBG/HOME Pu�N AND APPLICATION X displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. EFFECTIVE DATE This plan became effective January 1, 1996, and will remain in effect as long as Community Development Block Grant activities are ongoing or until superseded or modified by a new plan. RESOURCES If you have questions concerning the programs identified, or would like copies of this plan or any related Federal regulations, please contact: CDBG Program Administrator: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337-1873 (360)473-5211. A copy of policies described in this plan will be available for review at the following Library: Bremerton 1301 Sylvan Way Bremerton, WA 98310 (360) 377-7601 A notification will be placed in the following newspaper which is the paper of record at least ten days before a public meeting is held concerning a program described in this plan: The Kitsap Sun Notices may also be published on the City's website www.ci.bremerton.wa.us. � The notice will indicate when and where the public meeting will be held. Meetings are often held at the following location Norm Dicks Government Center 345 6� Street Bremerton, WA � The following local planning department may be contacted concerning planning issues: City of Bremerton Department of Community Development Andrea Spencer, Director 345 6th Street, Suite 600 Bremerton, WA 98337-1873 360-473-5283 2011 CDBG/HOME PwN aNO APPUCArioN Xl Part I CDBG/HOME ALLOCATION — GENERAL INFORMATION CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. if you are applying for Federal funds for the first time, you are strongly encouraged to meet with CDBG staff to discuss Federal regulations. What is the Community Development Block Grant (CDBG) Program? . The program is authorized by Title I of the Community Development Act of 1974. . Federal funds are provided to local governments to assist in the development of decent housing, a suitable living environment, and expanded economic opportunities primarily for persons of low and moderate income. • CDBG funds must be used for activities determined by the federal government to be eligible, however the local government determines which eligible use is appropriate in the community. . The City of Bremerton is an "entitlement city" and receives an annual CDBG a(location from the federal government. . The City accepts applications from various organizations to implement CDBG activities. • Each application, at a minimum must meet the three threshold requirements. It must: 1) be implemented by an eligible applicanUrecipient; 2) be eligible under the CDBG program requirements (24 CFR parts 570.201-270.207); 3) meet one of the three national objectives; and 4) be complete as of the due date. How much money is available? See current CDBG/HOME Policy Plan Supplement for projected funding and distribution information Who is an eligible applicanUrecipient? Eligible applicanUrecipients include: City departments Other local public agencies Public and private nonprofit organizations (501(c)(3) Section 301(d) small business investment companies Local Community Based Development Organizations as described in 24 CFR 270.204(c) Private for- profit organizations may implement certain economic development and micro enterprise activities. Faith based organizations consistent with the PresidenYs initiative Additionally applicants must: . Demonstrate an active governing body or board of directors with skills and experience to provide oversight, leadership and direction to the agency; • Demonstrate the legal, financial, and programmatic ability to administer the proposed project; and, • Meet the City's requirements for contracting agencies such as insurance requirements, audit and financial requirements. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 1 What are the three National Objectives? An eligible CDBG activity must either: Principally benefit low and very low income households; Reduce or prevent slum and blight; or, Meet an urgent need The National Objectives are included in the CDBG regulations at 24 CFR 570.208 and described in detait in Part III of this package. What are eligible activities? Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201- 570.207. More information concerning eligible activities, and special circumstances relating to the activities, can be found in Part I11 of this package. A list of some of the activities follows: • Acquisition of real property by purchase, lease or donation . Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements • Code enforcement in deteriorated or deteriorating areas • Clearance, demolition and removal and rehabilitation of buildings and improvements . Removal of material and architectural barriers in certain situations • Public services (including labor, supplies and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs • Planning activities . Assistance to Community Based Development Organizations (CBDO) to carry out projects • Assistance to carry out economic development projects • Housing services such as housing counseling and energy auditing • Assistance to facilitate and expand homeownership opportunities for low and very low income people • Lead based paint hazard evaluation and reduction • Certain project delivery costs The following activities generally are not eligible for CDBG funding: • New residential housing construction, except in special circumstances • Regular government operations • Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government • Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances . Political activities . Vehicles and/or Equipment Are there rules or regulations that I should consider when thinking about submitting an application? All projects are subject to environmental review, civil rights compliance, and procurement requirements. Some of the other things that may affect the amount you request, and your project, are labor standards, relocation, local hire, the Americans with Disabilities Act, and audit requirements. If your agency has never applied for Block Grant funding, or if you are considering requesting funding for construction, please contact Block Grant staff. Public Senrice applications are only accepted every two years. Please see description of this process under General Information. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 2 What constitutes a complete application? All required elements are included and complete. No changes of any kind will be permitted after the application due date. Applicants are encouraged to take part in a review of their application by appointment no later than two weeks before the application due date. This review will be conducted by Block Grant staff and cover only the technical requirements of the application. The application must meet HUD's three Threshold Requirements: o The applicant is eligible as of the application due date. o The project or activity addresses a National Objective (for CDBG applications) o The project or activity is eligible under the CDBG or HOME program. How do I apply? Complete an application and submit by the application due date to: CDBG / HOME Programs City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337 Eligible applicants will be required to take part in an interview with the Citizen Advisory Committee. Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific dates and times. How do I get help with the application? Attend the mandatory pre-application Technical Assistance workshop. Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific dates and locations. Contact Block Grant staff for more information. Contact information is included in the cuRent CDBG/HOME Policy Plan Supplement. How will applications be reviewed and projects selected? Block Grant staff will review the application to assure it is complete, the applicant and p�oject meet the threshold requirements, and the project is consistent with the Consolidated Plan. Projects not meeting the threshold requirements will be disqualified and not considered for funding. Such projects will not be rated. A Citizens Advisory Committee appointed by the Mayor will review public service applications, interview applicants, rate and rank the projects utiliiing the process outlined in Part II, and present their recommendation to the Bremerton City Council. A separate Committee, consisting of appointees by the Mayor plus one member of the City Council and one member of the Planning Commission, will similarly review Capital, Economic Development, Planning, and HOME applications. A public hearing will be held and the Bremerton City Council will make the final decision concerning activities to be recommended for funding in the Action Plan. The Action Plan will be sent to the U.S. Department of Housing and Urban Development (HUD) no later than November 15 of the preceding program year for approval. When will funds be available? Funding is dependent on the federal HUD budget being ratified. In "normal" years this is by March. We will not be able to sign contracts with sub recipients until we receive a contract from 2011 CDBG/HOME PLAN AND APPLICATION PAGE 3 HUD. Remember the budget is an estimate; we will not know the actual amount until after HUD's budget is approved. Certain funds can be committed to projects after the first of the year; please contact CDBG staff with any questions. What is the HOME Program? The HOME Investment Partnerships Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992; the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: o Expand the supply of decent, safe, sanitary, and affordable housing; o Strengthen the abilities of state and local governments to provide housing; o Expand the capacity of nonprofit community based housing development organizations; o Leverage private sector participation in financing affordable housing. HOME funded projects are subject to many of the same requirements as CDBG, such as environmental review, civil rights compliance, and procurement requirements. Some of the other things that may affect the amount you request, and your project, are labor standards, relocation, local hiring requirements, the Americans with Disabilities Act, and audit requirements. Contact Block Grant staff early in your project with questions regarding these requirements. HOME funds also carry many requirements specific to the HOME program. These requirements and regulations can be found at 24 CFR Part 92. If you have a HOME project in mind, it is recommended you meet with City CDBG/HOME staff early on to make sure it would qualify under the HOME program. How much money is available? Please refer to the current CDBG/HOME Policy Plan Supplement for general funding and distribution information. HOME rules for affordable housing set the maximum subsidy for each unit at the Section 221(d)(3) limit. This limit is set by HUD's Office of Multi-Family Housing Programs.This limit is currently set at $157,410 for a 1 bedroom unit. Please contact Block Grant staff for limits on other unit sizes. In addition, the City of Bremerton has a maximum per-unit subsidy limit for homeownership projects of $30,000 per unit for all types of units. Match Contribution The City of Bremerton also requires HOME projects to leverage other funding. The city requires a minimum leveraging ratio of 1:2, or two dollars of other funding for every HOME dollar requested. The 1:2 match ratio may be applied to the entire project, not just to the HOME subsidized units. How do I apply? Complete an application and submit by the application due date to: CDBG / HOME Programs City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337 ZOl l CDBG/HOME PIAN AND APPLICATION PAGE 4 Eligible applicants will be required to take part in an interview with the Citizen Advisory Committee. Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation schedule for specific dates and times. Electronic submittal of the Application is not accepted. Applications must be mailed or hand delivered by the due date. Postmarks are not acceptable. What are the City's Priorities for Use of HOME funds? The City will give priority to HOME projects located in the Anderson Cove and Downtown Designated Blight Zones (please contact the Department of Community Development for a map of these areas). In the absence of qualified, viable projects that fit the City's vision, the City Counci! may elect to set aside HOME funds for future use, including for a City-initiated affordable housing project. What is the Process for allocation of HOME funds? Applicants will use the HOME application format (attached). Please check the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME ANocation Schedule for specific due dates and times. Block Grant staff will review the application to ensure it is complete, the applicant and project meet the threshold requirements, and the project is consistent with the Consolidated Plan. Projects not meeting the threshold requirements will be disqualified and not considered for funding. Such projects will not be rated. The Citizens Advisory Committee responsible for reviewing Capital, Economic Development and Planning applications will also review HOME applications, interview applicants, rate and rank the projects utilizing the process outlined in Part II, and present their recommendation to the Bremerton City Council. A public hearirtg will be held and the Bremerton City Council will make the final decision concerning aetivities to be recommended for funding in the Action Plan. The Action Plan will be sent to the U.S. Department of Housing and Urban Development (HUD) by the end of November preceding the program year for approval. Where do 1 get more information? Contact Block Grant staff if you are interested in applying for funds under the HOME Program. Contact information is included in the current CDBG/HOME Policy Plan Supplement. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 5 PART II CDBG / HOME ALLOCATION POLICY How wili CDBG furtds be distributed among various eligible activities? Funds available for various eligible CDBG activities are determined by Federal regulations and local priorities. • Federal regulations limit the amount of funds which can be allocated to public service projects to 15% of the annual CDBG entitlement, plus 15% of the program income during the immediately preceding program year . Please note: Public Service funds are allocated annually, however applications for Public Service Projects are only accepted on the odd-numbered years. Please see Part I— General Information for a full description of this process. • The amount of funds that can be allocated to planning and administration projects, including the overall administration of the City of Bremerton's CDBG Program, is limited to 20% of the annual grant. • Federal regulations require that a minimum of 70% of the annual grant funds go to projects that directly benefit low and moderate income persons; the City's goal is for 100% of CDBG funding to benefit low and moderate income persons. How will HOME funds be distributed among various eligible activities? • The amount of funds that can be allocated to the overall administration of the HOME Program is limited to 10% of the annual grant. Because the City and Kitsap County are joined in a consortium, the City's administrative costs are limited to 5% of the annual grant, with 5% allocated to Kitsap County for overall administration. • 90% of the City's annual HOME grant will be allocated on a competitive basis to eligible affordable housing projects in the City of Bremerton; at least 15% will be allocated to activities undertaken by Community Housing Development Organizations (CHDOs). In lieu of quality, competitive applications, the City may initiate a projeet, subject to City Council approval and public hearing. • Program income from the City's Downpayment Assistance Program, funded with HOME funds from past years, will be primarily used to fund new Downpayment Assistance loans for low and moderate income first time homebuyers in the City of Bremerton. Funds allocated under both the CDBG and HOME programs must meet one of the priorities identified in the 2011-2015 Kitsap County Consortium Consolidated Plan. The City of Bremerton and Kitsap County are joined as a consortium in order to receive HOME funds. The 2011-2015 Consolidated plan re-write is currently underway, and will be submitted to HUD concurrently with the 2011 Action Plan on November 15, 2010. The Consolidated Plan identifies five general priorities related to housing, homeless, and non-housing community needs to be addressed with Federal funds. Please note, that activities that are included in the plan may not be prioritized in the City's Policy Plan. The Consolidated Plan can be viewed in its entirety on the City's website at: httq://www.ci.bremerton.wa.us/disqlav.php?id=790. The Consolidated Plan priorities are listed below (the order listed does not establish any categorical priority): 2011 CDBG/HOME P�,aN ANO APPUCATioN PAGE F) 1. Homelessness To ensure that decent, accessible, affordable, and suitable housing is available in the County and Cities and to support services that meet the needs of individuals and families who are homeless or at risk of homelessness, the Kitsap County community will: ♦ Provide a variety of decent and safe emergency transitional and affordable permanent housing; ♦ Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance; ♦ Provide critical supportive services to support housing options for the homeless. 2. Special Needs Poaulations* To ensure that suitable, effective assistance is available for vulnerable persons in special needs populations who are in need of housing, support or care services, the Kitsap County community will: ♦ Maintain, improve and increase effective services and suitable housing; ♦ Ensure effective service delivery and housing availability through supportive ordinances and regulations; ♦ Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment; ♦ Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency. *Special Needs Populations include individuals falling into one or more of the following categories: elderly, frail elderly, persons with disabilities (severe mental, physical, developmental), persons living with HIWAIDS, persons fleeing domestic violence, persons with alcohol or other drug addiction. 3. Housin� To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community will: ♦ Increase the stock of affordable rental units throughout the County and City through preservation, rehabilitation and construction ♦ Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and afforctable construction; ♦ Improve and retain existing housing stock through preservation, rehabilitation, weatherization, accessibility and planning efforts; ♦ Support education and training that builds community awareness of lead-based paint hazards and incorporate new studies and regulations into any planning for mitigation; , 2011 CDBG/HOME PLAN AND APPLICATION PAGE 7 ♦ Improve the safety and livability of neighborhoods through revitalization and/or demolition of inappropriate or dilapidated structures; ♦ Promote equal treatment of all who seek homeownership by removing impediments to fair housing. 4. Communitv Development To ensure the safe livability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit low-income persons, the Kitsap County community witl: ♦ Support a continuum of social and health services for low/moderate income persons in Kitsap County; ♦ Provide suitable access to all public buildings in the cities and County; ♦ Support planning and projects that preserve or increase housing for low income and moderate income populations; ♦ Support local efforts toward solving public facility needs, especially those identified in community wide planning efforts; ♦ Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety. 5. Economic Development To ensure a thriving community, with livable wage jobs and long-term economic and social viability, the Kitsap County community will: ♦ Support creation and retention of livable wage jobs, and essential job preparation skills; ♦ Assist low-income individuals who wish to establish, expand or stabilize a small business by providing loans and supportive technical assistance and training; ♦ Revisit existing economic development plans and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs; ♦ Encourage and foster new businesses offering living wage jobs in the County. What are the other policies and regulations that apply? CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. If you are applying for Federal funds for the first time, you are strongly encouraged to meet with CDBG / HOME staff to discuss Federal regulations. ♦ Consistencv with applicable Citv, Counfii, and/or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 8 ♦ Approval of the Implementinp Aqencv Proposals submitted by applicants other than the Agency, City or County Department that will implement them must be reviewed and approved by the appropriate implementing Agency, City, or County Department prior to submittal. ♦ Le�allv Bindina Public Interest in CDBG / HOME Assisted Propertv HUD requires that facilities acquired, constructed or improved with CDBG and/or HOME funds be "publicly owned" and that the CDBG / HOME public interest be protected. The public (CDBG / HOME) interest will be secured, when appropriate, through a lien on the property recorded as a deed of trust, and a promissory note explaining the sale and change of use provisions that accompany CDBG / HOME assisted real property. The specific terms and conditions of the public interest security agreements will vary depending on the type of project assisted. ♦ Restrictions on the Chanae-of-Use of CDBG / HOME Assisted Propertv All CDBG recipients must agree to restrict the use of the property to the intended purpose for which the funds were awarded for a minimum of 5 years after close out of the project. This is to ensure compliance with HUD requirements restricting the change in use of property acquired, constructed or improved with CDBG assistance, and to ensure continued public benefit. All HOME assisted properties must provide public benefit during a designated Period of Affordabilitv as described in 24 CFR 92.252.(e) for rental property and 24 CFR 92.254(a)(4) for homeownership property. Additionally, the PJ will designate in the subrecipient contract the method to be used—either Resale or Recapture (24 CFR 92.294(a)(5)—for maintaining affordability for each HOME assisted property. ♦ Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. ♦ Guidelines for Evaluation and Selectina Economic Develoament Proiects The City of Bremerton will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. ♦ EpualOpportunitv All CDBG proposals must comply with federal, state, local laws, and executive orders which prohibit discrimination on the grounds of race, creed, color, national origin, sex, sexual orientation, age, marital status, or the presence of any disability. Discrimination is prohibited in the provision of a service or facility funded with CDBG / HOME funds, and in all other aspects of administering a CDBG / HOME proposal including contracting, procurement, and employment. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 9 ♦ Minimizinq the Loss of Low and Verv Low Income Dwellinq Units Any CDBG / HOME proposal that would directly result in any occupied or vacant low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of the commencement of the demolition or rehabilitation relating to conversion. ♦ Minimizina Displacement and Providin� Relocation Assistance It is the policy of the City of Bremerton CDBG / HOME Program to minimize the number of CDBG / HOME proposals that would cause displacement of people or businesses. Any proposal for CDBG / HOME funds that is likely to cause displacement must include relocation assistance payments in the budget. Relocation assistance must be provided consistent with the federal Uniform Relocation Act. ♦ Federal Waae Rates (Davis-Baconl Pursuant to the Davis-Bacon Act, federal wage rates apply to almost all construction projects over $2,000. Applications that involve construction must consider Davis- Bacon wage rates in the budget. There are few exceptions to the Davis-Bacon Act such as public agency use of force account crews and the rehabilitation of single family homes and small multi-family buildings. ♦ Federal Audit Reauirements Private non-profit agencies expending $500,000 or more in federal funds annually (whether CDBG / HOME alone or CDBG / HOME in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance with OMB A-133 Audit Standards for Private Non-Profit O�ganizations. Agencies are responsible to meet this audit requirement. ♦ Environmental Review All CDBG / HOME projects must comply with the National Environmental Policy Act (NEPA). NEPA clearance must be obtained from the City of Bremerton and/or Kitsap County before � funds are committed or spent in a CDBG / HOME funded project. ♦ Lead-Based Paint Abatement Any proposed homeownership, rental housing, rehabilitation or acquisition project that involves a(1) pre-1978 structure, and (2) would likely house a child age 6 or less must be informed of the possible hazards of lead based paint and a plan must be developed for addressing the presence of lead based paint under 24 CFR 35.105. Costs for abatement must be included in the rehabilitation budget. , ♦ Supplantin�t ' Federal regulations prohibit using CDBG / HOME funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from � ZO71 CDBG/HOME PLAN AND APPLICATION PAGE 1 O I using the availability of federal CDBG / HOME dollars as an excuse to reduce local funding commitments. ♦ Architectural Barriers Act IABA) and the Americans with Disabilities Act (ADA) The ABA requires certain buildings or other facilities that receive Federal funds to be designed, constructed or attered in accordance with standards that insure accessibility to, and use by physically handicapped people. The ADA provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further requires that facilities for first occupancy are readily accessible and that architectural and structural barriers are removed when possible in existing facilities. ♦ Familv Policv Principles In the early 1990s the State of Washington conducted a number of focus groups throughout the State. Approximately 400 people, who were receiving human services at the time were asked to describe the characteristics of services that would be most effective for them. The Family Policy Principles reflect their collective response, and form the basis for the Washington State Human Service Policy. The principles, which have been incorporated in the rating of applications, are listed next: Family-oriented services and supports that: • Respond to the changing nature of families; • Respond to what individuals and families say they need, and • Meet those needs in a way that maintains their dignity and respects their choices. Culturally relevant services and supports that: • Explicitly recognize the culture and beliefs of each family and use these as resources on behalf of the family; • Provide equal access to culturally unique communities in planning and programs, and day-to-day work, and actively address instances where clearly disproportionate needs exist; and • Enhance every culture's ability to achieve self-sufficiency and contribute in a productive way to the larger community. Coordinated services that: • Develop strategies and skills for collaborative planning, problem solving, and service delivery; • Encourage coordination and innovation by providing both formal and informal ways for people to communicate and collaborate in planning and programs; • Allow clients, vendors, community people, and other agencies to creatively provide the most effective, responsive, and flexible services; and • Commit to an open exchange of skills and information; and expect people throughout the system to treat each other with respect, dignity, and understanding. Locally planned services and supports that: • Operate on the belief that each community has special characteristics, needs and strengths; • Include a cross-section of local community partners from the public and private sectors, in the planning and delivery of services and supports; and 2011 CDBG/HOME PLAN AND APPLICATION PAGE 11 • Support these partners in addressing the needs of their communities through both short range and long range planning and in establishing priorities within state and federal standards. Community based prevention that: ` • Encourages and supports state residents to create positive conditions in their communities to promote the well being of families and reduce crises and the need for future services. Outcome-based services and supports that: • Include a fair and realistic system for measuring both short-range and long-range progress and determining whether efforts make a difference; • Use outcomes and indicators that reflect the goals that communities establish for themselves and their children; • Works towards these goals and outcomes at all staff levels and in every agency; and • Provide a mechanism for informing the development of program policies. Customer service that: • Provides a climate that empowers staff to deliver quality programs and services; • Is provided by courteous, sensitive, and competent professionals; and • Uphold the dignity and respect of individuals and families by providing appropriate staff recognition, information, training, skills and support. Creativity that: • Increases the flexibility of funding and programs to promote innovation in planning, development, and provision of quality services; and simplifies and reduces or eliminates rules that are barriers to coordination and quality services 2011 CDBG/HOME PLAN AND APPLICATtON PAGE 12 How will Projects be selected for funding? All applications will be reviewed and rated against the City of Bremerton policies for the use of these funds. The Review Team, which will consist of CDBG program staff, the City Auditor, and a Citizens' Advisory Committee, will review the submission requirements, agency capacity, and the program/project. An interview with the Citizens' Advisory Committee will also be considered. The review process is summarized below: Step 1 — Submission Requirements CDBG / HOME Staff will review the application to ensure: • Application is complete. NOTE: No changes or additions will be allowed after the due date. Refer to the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for due dates and times. • Applicant meets eligibility requirements as of the application due date. • Project or activity addresses a national objective (for CDBG projects) • Project or activity is eligible under the CDBG / HOME program(s). • Project is consistent with the Consolidated Plan and Priority Needs. Step 2 — Technical review A review team, composed of CDBG staff and the City Auditor, will review the orqanizational capacitv of the agency (see rating sheet on page 14), and the fiscal caqacitv of the agency (see rating sheet on page 15). Performance records of previous CDBG or HOME recipients will also be considered. Results of this review will be shared with the applicants and with the Citizens' Advisory Committee before interviews. Step 3— Project Proposal Review and Interviews The Citizens' Advisory Committee (CAC) assigned to each group of projects will review all applications, meet with CDBG staff to review technical scoring, and conduct agency interviews. They will consider Priority Needs, project and agency effectiveness and readiness, Family Policy Principles, and the mix of overall requests. Agency interviews will be 20 minutes long and consist of ten minutes for the applicant agency to present their request in a format of their choice, and another ten minutes for questions and answers with the CAC. Applicants are encouraged to keep their presentations succinct in order to make the best use of their time. Any materials distributed during the interview will be collected afterward and will not be considered part of the official application. The CAC will consider applications based on the Citizen Advisory Committee Sample Application Review Sheet on page 16 and compile a list of funding recommendations. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 13 These recommendations will be presented and discussed at a public meeting. The recommendations will then be presented to the Bremerton City Council at a Public Hearing. The final funding decision witl be made by the City Council at the same Public Hearing. CDBG / HOME staff will submit the Final Action Plan to HUD no later than the end of November preceding the program year. Ptease refer to the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific dates, times and locations. ZO11 CDBG/HOME PLAN AND APPLICATION PAGE 14 City of Bremerton Staff Application Review Sheet 2011 Scoring: High/Good = 3; Med/Neutral = 2; Low =1 Agency 1 Agency 2 Agency 3 Agency 4 Agency 5 Agency 6 Agency 7 Agency 8 Agency 8 Agency 10 Agency 11 Board and Staff ' � • - � . , � . Does the Board reflect a diverse representation of the community, including minorty, consumer, professional, low income, and advocate artici ation? Does the size and length of terms allow sufficient opportunities for artici ation? Or anlzation ' � - � � - � � Is the or anizational structure of the a enc clearl defined? Does this ro'ect ali n with the overall mission of the or anization? Does this program have adequate staff and support to succesfully im lement this ro ram? Does the Agency have a robust policy of nondiscrimination in all areas (race, gender, religion, sexual orientation, etc..)? Does it include staff volunteers clients, and artici ants? Flnancial � - , � � Are the project budget and resources adequate and reasonable for the ro"ect sco and ex ected outcomes? oes e agency everage un ing rom o er sources o er gran s, private donations, etc..) O 2011 CDBG/HOME P�n,N o,t�o AaPUCnnoN PAGE 15 ORGANIZATIONAL FINANCIAL MANAGEMENT Name of Applicant �'or Non-Profits Only 0-15 �'oints - - - - - - -- - - - - - Score IRS 990 is consistent with submitted audit and Secretary of State Annual Report 0-5 Points Secretary of State CHO-1 Form (for non-profits) is consistent with submitted audit and Secretary of State Annual Report 0-10 Points Secretary of State Non-Profit Corporate Annual Report is consistent with submitted audit and agency's own annual report 0-5 Points Organizations other than Non-Profits 0-15 Points Records and program documents support investment in activities to Benefit low-income individuals 0-5 Points Organization clearly demonstrates reinvestment in community 0-5 Points Demonstrates compliance with Generally Acceptable Accounting Principles 0-5 Points For All Organizations 0-35 Points Audit of Financial Statements Agency has independent review or audit by a CPA (as required by HLTD) for the last fiscal year Independent Review 0-5 Points OR Audit 0-10 Points Audit or financial statement demonstrates adequate financial management (includes Management report) Independent Review 0-5 Points OR Audit 0-10 Points Annual Report Agency's Annual Report is completed for the last fiscal year 0-15 Points Total Rating: 2011 CDBG/HOflflE PLAN AND APPLICATION PAGE 16 City of Bremerton Citizen Advisory Committee Application Review Sheet Scoring: High/Good = 3; Med/Neutral= 2; Low =1 N M a} � (p h Op � U U U U U ( U U U � Ol m � �7 � � m � Pro ect. . . . . , . , . _ _ . Does the ro'ect fit into the or anization Ov@f811 R1ISSIOn? (nartative, e-�t) Does the a enc have a clear strate for the ro'ect, includin lon and short-term oals? Does it address unmet needs or the basic needs of an at-risk population? (narrative Cdy Comprehensive Plan, Consolidated Plan) What positive outcomes (changes or improvements) will result from this project? Is it measurable or quantifiable? (narrative) Is there a well designed outreach plan? Can persons with disabilities, limited English speakers, and other minority clients ain access to the ro'ect? (narrative,e-��> A enc - � � � Does the a enc 's histo demonstrate stabili , ca aci , and rowth? �nanaciva) Does the agency have established partnerships with other community agencies? Will they partner with other agencies on thls �O 2Ct? (narrative) Does the agency's history demonstrate their ability to develop a planlproject, execute that plan/project, and achieve measurable success? (narrative� Financiat ' • • . � , Does the ro'ect bud et and roforma rovide for realistic and on oin su ort of this f0 eCt? (narzative Does the a enc levera e fundin from other sources other rants rivate donations, etc.. (e-ta,b) It a relocation lan or nei hborhood notification is re uired for this ro'ect, is it feasible and full resented? (e-s,�o> Will the funding requested address a significant portion of unmet need? Is there data documenting the need and su ortin how this need will be addressed? (e-�,z,s,�2> � Does the o eratin /mana ement lan demonstrate the ex erience and abili needed to car out this ro'ect? (e-s,�) oes t e agency s sa ary overa sa ary s ruc ure seem reasona e an a ance .(e 0 2011 CDBG/HOME PLAN AND APPLICATION PAGE 17 City of Bremerton Comprehensive Plan (�ec 2004) Housin Initiatives Promote rivate and ublic efforts to reserve existin ualit housin stock. H1A Promote im rovement of housin stock b usin ublic resources to remove or abate bli htin influences. H2B Encoura e ro rams that allow Seniors to remain in their homes as lon as ossible. H3F Su ort efforts to rovide emer enc and rou housin . H31 Dis erse below-market housin throu h the cit to avoid concentrations in articular areas. Land Use Initiatives Create an enviroment that will romote rowth. Desi nate nei hborhood and em lo ment centers that rovide mixed-use environments which serve as the rima focus for rowth. Su ort communit wide access to amenities and services. Communit Character Themes Qualit Housin with Broader Choices CC2C Business Su ort with increased o ortunit Communi Service focusin on assets Environmental Promote sustainable rowth and activities E1 Encoura e environmentall res onsible develo ment E10 Use the brownfields a roach to identi and restore economicall valuable ro erties. E10A Economic Develo ment Encoura e su ortive environments for rowth of small businesses. EC4J Encoura e a diversified economic base to increase elasticit in the local econom . EC4L Su ort o ortunities for owner-occu ied housin EC6C Attract new em lo ment throu hout the cit EC6E Encoura e mixed use develo ments EC2C 2011 CDBG/HOME Pv�N nNO APauCnriotv PAGE 18 Consolidated Pian for Kitsap County and City of Bremerton (2006-2010) Housin Goals: Increase the stock of affordable housin units throu hout count and cit throu h reservation, rehabilitation, and construction. Increase the number of new homeowners among low/moderate income individuals and families through fair housing efforts, education, and housin counselin . Im rove and retain existin housin stock throu h reservation, rehabilitation, weatherization, accessibilit , and lannin efforts. Maintain education and training that builds community awareness of lead based paint hazards and incorporate new studies and re ulations into an lannin for miti ation. Im rove the safet and livabilit of nei hborhoods throu h revitalization and/or demolition of ina ro riate or dila idated structures. Promote the e ual treatment of all who seek homeownershi b removin im ediments to fair housin . Homeless Needs: Provide a sufficient variet and uantit of decent and safe emer enc , transitional, and affordable ermanent housin . Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness revention, rental assistance and advocac Provide critical su ortive services to su ort housin o tions for the homeless. Communi Develo ment Goals: Su ort a continuum of social and health services for low/moderate income ersons. Provide suitable access to all ublic buildin s in the cities and Count b removin architectural barriers. Support planning projects that assess or identify services and housing to support low income individuals, families, neighborhoods, and s ecial needs. Su ort local efforts towards solvin ublic facilit needs, es eciatl those identified in communit wide lannin efforts. Meet ur ent Communit Develo ment needs, which ose a serious and immediate risk to ublic health and safet . Economic Develo ment Goals: Su ort creation and retention of sustainable livable wa e'obs, and essential 'ob re aration skills. Assist low income individuals who wish to establish, expand, or stabilize a small business by providing loans and supportive technical assistance and trainin . Revisit exisiting economic development plans and policies and modify them as necessary to develop and maintain infastructures that encoura e livable wa e'obs. Encoura e and foster new businesses offerin livin wa e'obs in the Count . S ecial Needs Goals: Maintain, im rove, and increase effective services and suitable housin . Ensure effective service delive and housin availabilit throu h su ortive ordinances and re ulations. Support efforts to develop an entry system for special population clients that ensure links with appropriate diagnosis, placement, support, and treatment. Increase and maintain the availabilit of effective, timel life skills, trainin , and work re aration to romote self sufficienc . 2011 CDBG/HOME PLAN AND APPLICATION PAGE 19 PART Iil CDBG NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS As stated in Part I, each CDBG activity must meet a national objective and must be eligible in order to be funded. The following information is provided to assist you in defining the eligibility and national objective that your activity meets and the type of information you need to provide to the City. Specific regulations that govern the CDBG program are available in our office. HOME funded projects need not meet a national objective. What are the National Objectives? (Benefit Criteria) An eligible CDBG activity must either (1) principally benefit low and very low income households, (2) reduce or prevent slum and blight, or (3) meet an urgent need. The vast majority of the City's CDBG activities are designed to benefit low and very low income persons and households. The following provides some detail on the way(s) in which CDBG projects can meet a national objective. More information on the three CDBG National Objectives can be found at 24 CFR Part 570.208. I. Principally benefit low and very low income A. Area Benefit B. Limited Clientele (1) At least 51 % of beneficiaries are low or very low income persons/households (a) Presumed Benefit (b) Agency Requires Client Information (c) Income Eligibility Requirement (Direct Benefit) (d) Nature/location (2) Removal of Architectural Barriers (3) Assistance to Owners of Micro enterprises (4) Employment Support Services C. Housing Activities (Residential) D. Job Creation or Retention - Economic Development II. Reduce or Eliminate Slum or Blight A. Area Basis B. Spot Basis III. Meet an Urgent Community Need Potential applicants must be able to demonstrate that their proposed CDBG activity addresses one of these national objectives in one of several ways described below. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 20 I. Benefit Low and Very Low Income Persons To meet this national objective, an applicant must document that the proposed project will benefit predominantly low and very low income persons or households. A low income person/household is one whose annual income does not exceed 80% of the area median income for the City of Bremerton. Median Family Income (MFI) is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. The Median Family Income for Bremerton — Silverdale MSA is listed in the current CDBG/HOME Policy Plan Supplement. There are several different ways that CDBG activities can benefit low, very low, and extremely low income persons: A. Area Benefit This is defined as an activity, the benefits of which are available to all residents in a particular area, where at least 51 % of the residents are low, very low and extremely low income persons. In addition, the area must be primarilv residential. Examples of area benefit activities include parks (that serve the immediate area), water and sewer projects, sidewalks and streets, and other public improvements that are available to all residents in a particular area. Applicants must: 0 Attach a map with the boundaries of the project's service area delineated (the surrounding geographic area in which all or most of the people benefiting from the project reside): 0 Explain why that particular geographic area is the service area for the project; � Indicate on the map residential and commercial areas within the service area boundary; and Q Provide documentation that 51 % or more of the residents within the service area are low very low and extremely low income persons/households. If you would like assistance in determining if your project is in a low income area, please contact us Block Grant staff. Contact information is listed in the current CDBG/HOME Policy Plan Supplement. B. Limited Clientele 1. An activity which benefits a limited clientele, at least 51 % of whom are low or very low income persons/households. There are four types of activities in this category: a. Presumed Benefit An activity may benefit one of the following groups who are presumed by HUD to be principally low and very low income: abused 2011 CDBG/HOME PLAN AND APPLICATION PAGE 21 children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, and migrant farm workers. � Applicants must: 0 Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. b. Aqencv Requires Client Information Which Shows 51% or More are Low, Verv Low and Extremelv Low Income For example, community health clinic and most other agencies keep information on client income and family size. The information will be able to document whether or not 51 % or more of the clientele are persons whose family income does not exceed low, very low and extremely low income limits for Kitsap County. Note: Income qualification criteria from other programs (such as state poverty guidelines) may be substituted provided those criteria are at least as restrictive as the HUD income limits. Applicants must: 0 Provide documentation of the total number of clients/households served during program year (if this is an existing service); 0 State what percent of the clients/households served during program year were low or very low income (or met criteria that are stricter); Q Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very low income; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and � Q Agree to maintain documentation of the client's incomes for the CDBG contract period. c. Income Eliqibilitv Requirements (Direct Benefit) This means that the agency uses income screening to limit the benefits of the CDBG funded activity to only those persons who are low and very low income. For example, a housing counseling program would screen potential clients and use the CDBG funds to pay for the counseling only of those who are income eligible. Applicants must: Q Screen clients by family size and income; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Q Describe how the program/project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons/households. d. Nature/Location of Activitv Allows Conclusion of Primarilv Low and Verv Low Income Benefit This means that the activity is of such a nature and in such a location that it may be concluded that the clientele will be primarily low and very low income; for example, a food bank near an assisted housing project. Applicants must: 2011 CDBG/HOME PLAN AND APPLICATION PAGE 22 Q Explain how the nature, and if applicable, the location of the proposed project, establishes that it is used primarily for low and very low income persons. 2. Removal of Architectural Barriers A project which removes material or architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned non-residential buildings, facilities and improvements, and the common areas of residential structures containing more than one dwelling unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. 3. Assistance to Owners of Micro enterprises When assistance is to be provided to a micro enterprise (a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise) the owner must qualify as low or moderate income. Note: for micro enterprise projects under the limited clientele national objective justification, the low and moderate income threshold applies only to the owner; there are no income requirements for the workers the owner employs. 4. Employment Support Services If CDBG assistance is only provided for training or supportive services (peer support programs, counseling, child care, transportation, and other similar services) to assist business(es), the percentage of low and moderate income persons assisted may be less than 51 % if the proportion of the total cost borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. For example: A new business moves into town and begins an on-site day care program for workers. The total cost of the day care is $10,000. There are 40 children, 3 of which meet qualifications as low and moderate income. The maximum amount chargeable to the CDBG program is $750.00. ($10,000/40 =$250 X 3 = $750). Applicants must: 0 Maintain data documenting the total cost of the service, Screen clients by family size and income; and provide a copy of the client intake form highlighting the questions regarding family siie and income levels. C. Housina Rehabilitation Activities (Residential) These are activities providing or improving permanent residential structures which are or will be occupied by low and very low income households. It does not include group homes or shelters for the homeless, which are considered limited clientele activities. Applicants must: 0 Screen households for family size and income eligibility. If a residential structure contains two dwelling units, at least one must be occupied by 2011 CDBG/HOME PL,4N AND APPLICATION PAGE 23 low or moderate income households. If it contains more than 2 units, at least 51 % must be occupied by low and moderate income households. D. Job Creation or Retention Activities These are economic development activities which are designed to create or retain permanent jobs, where at least 51 % of the jobs, computed on a full-time equivalent basis, can be documented to employ low and very low income persons for the geographic area where it is located. There are very specific elements of this national objective. Please contact the Community Development staff to discuss your project prior to submitting an application. Contact information is included in the current CDBG/HOME Policy Plan Supplement. II. Reduce or Eliminate Slum and Blight An activity may meet the national objective of reducing or eliminating slum and blight, instead of benefiting low and very low income people. There are finro different ways that CDBG activities can meet this second national objective. A. Area Basis A project must be located in an area defined as a slum or blighted area under state or local law; the conditions which qualified the area as slum or blight must be on record; and the project must specifically address one or more of these conditions. B. Spot Basis A CDBG project to eliminate slum and blight on a spot basis (for example, outside of a locally designated slum or blighted area) must be limited to activities necessary to eliminate specific conditions posing a threat to the public health or safety. The health or safety hazard must be identified, and the scope of the project must be limited to correcting the hazard. III. Meet an Urgent Community Need Use of this category is extremely rare. It is designed only for activities that alleviate emergency conditions. Urgent need activities must meet the following criteria: • The existing conditions must pose a serious and immediate threat to the health and/or welfare of the community; • The existing conditions are of recent origin or recently became urgent (generally, within the past 18 months); • The recipient is unable to finance the activity on its own; and • Other sources of funding are not available. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 24 What are Eligible Activities? To be considered for funding, a CDBG proposal must also be an eligible activity under the federal CDBG regulations. A variety of activities serving low and very low income people are eligible activities as well as any special requirements or limitations that apply to use of CDBG funds. The applicant should recognize that the City may have local priorities within each of , these categories of federally eligible activities that reflect local needs. Local priority policies are described in Part II of this document. ❖ Acquisition of real property in whole or in part by public agencies or private non-profit organizations which is: • blighted, deteriorated, deteriorating, undeveloped, or inappropriately developed from the standpoint of sound community development and growth; • appropriate for rehabilitation or conservation activities; and, • appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources and scenic areas; the provision of recreational opportunities, or the guidance of urban development; ❖ Acquisition, construction, reconstruction or installation (including design features and improvements that promote energy efficiency of these) of public works facilities (except of buildings for the general conduct of government), and site or other improvements; ❖ Code enforcement in deteriorated or deteriorating areas where such enforcement together with public and private improvements or services are expected to arrest the decline of the area; ❖ Clearance, demolition, removal, and rehabilitation (including rehabilitation which promotes energy efficiency) of buildings and improvements, such as interim assistance, and financing of public or private acquisition for rehabilitation, and rehabilitation of privately owned properties, including the renovation of closed school buildings; ❖ Special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons; ❖ Relocation payments and assistance to individuals, families or businesses displaced permanently or temporarily by a CDBG funded project consistent with the Federal Uniform Relocation Act; ❖ Public/human services, including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs, if such services have not been provided by the unit of general local government (through funds raised by such unit, or received by such unit from the State) during any part of the twelve-month period immediately preceding the date of submission of the CDBG Action Plan; 2011 CDBG/HOME PLAN AND APPLICATION PAGE 25 ❖ Planning activities necessary to: • develop a comprehensive community development plan; • develop policy-planning management capacity to rationally and effectively determine needs, set long and short term objectives, devise programs and activities to meet these objectives, and carry out management, coordination, and monitoring of activities necessary for effective planning implementation; ❖ Provide assistance including loans and grants for activities carried out by public and private non-profit organizations including: • acquisition of real property; • acquisition, construction, reconstruction, rehabilitation and installation of certain public facilities, site improvements and utilities; and commercial or industrial buildings or structures and other commercial or industrial real property improvements; and . planning; ❖ Assistance to Community Based Development Organizations (CBDO) to carry out neighborhood revitalization, community economic development, or energy conservation. A CBDO is an organization with specific characteristics such as: it is organized under State or local law to engage in community development activities; has as its primary purpose the improvement of the physical, economic or social environment of the area; may be either non profit or for profit provided any monetary profit to its shareholders must be only incidental to its operation; it must maintain at least 51 % of its governing body's membership for low and moderate income residents of its geographical area of operation, owners or senior officers of private establishments, or representatives of low and moderate income neighborhood organizations located in the area of operation. The Development staff is available to review other requirements with entities interested in becoming CBDOs. ❖ Provide assistance to private, for-profit entities, when the assistance is appropriate to carry out an economic development project (that shall minimize to the extent practical, displacement of existing businesses and jobs in neighborhoods) that: • create or retain jobs for low and very low income people; • prevents or eliminates slums and blight; . meets urgent needs; • creates or retains businesses owned by community residents; • assists businesses that provide goods or services needed by, and affordable to, low and very low income residents; • provide technical assistance to promote any of the activities described above; ❖ Provide technical assistance to public or non-profit entities to increase the capacity of that entity to carry out eligible neighborhood revitalization or economic development activities; ❖ Housing services such as housing counseling, energy auditing, preparation of work specifications, loan processing, inspections, tenant selection, management of tenant based rental assistance and other services related to assisting owners, tenants, contractors, and other entities participating or seeking to participate under CDBG or under Title I I of the Cranston-Gonzales National Affordable Housing Act; 2011 CDBG/HOME PLAN AND APPLICATION PAGE 26 �. ❖ Provide assistance to public and private organizations, agencies and other non-profit and for profit entities to enable such entities to facilitate economic development by: . providing credit such as through direct loans and loan guarantees, establishing revolving loan funds, and facilitating peer lending programs for the establishment, stabilization and expansion of micro enterprises; • providing technical assistance, advice and business support services (including assistance, advice, and support relating to developing business plans, securing funding, conducting marketing, and otherwise engaging in micro-enterprise activities) to owners of micro-enterprises and persons developing micro- enterprises; and • providing general support, such as peer support programs, counseling, child care, transportation, and other similar services to owners of micro-enterprises and persons developing micro-enterprises; ❖ Provide direct assistance to facilitate and expand homeownership among persons of low and very low income by using such assistance to: • subsidize interest rates and mortgage principal amounts for low and very low income homebuyers; • finance the acquisition by low and very low income homebuyers of housing that is occupied by the homebuyers; • acquire guarantees for mortgage financing obtained by low and very low income homebuyers from private lenders, except that funds may not be used to directly guarantee such mortgage financing and grantees may not directly provide such guarantees; • provide up to 50% of any down payment required from low and very low income homebuyers; or • pay reasonable closing costs normally associated with the purchase of a home incurred by a low or very low income homebuyer. ❖ Lead based paint hazard evaluation and reduction, as defined in Section 104 of the Residential Lead Based Paint Hazard Reduction Act of 1992. 2011 CDBG/HOME PLAN AND APPLICATION PAGE 27 What are /neligible Activities? 0 New Residential Housing Construction - CDBG funds generally cannot be used to construct new residential housing units, although activities in support of new housing construction may be eligible. (exception: CBDOs may use CDBG funds for new housing construction) Please note that group homes and shelters are not considered residential housing and are eligible for CDBG for new construction. B Regular Government Operations - CDBG funds cannot be used to fund the ongoing responsibilities of general local government. B Government Buildings - Government buildings such as city halls, police stations, jails and other buildings predominantly for the general conduct of government are not generally eligible for CDBG assistance. A major exception is rehabilitation to remove architectural barriers, which is eligible, even in government buildings. 0 Income payments - CDBG funds cannot be used for income payments such as payments for income maintenance or housing allowances. 0 Political Activities - CDBG funds cannot be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities. B Purchase of vehicles and equipment. � 2011 CDBG/HOME PLAN AND APPLICATION PAGE 28 PART IV CDBG / HOME APPLICATIONS INTRODUCTION: Applications have been designed to gather necessary information about your organization and project to determine compliance with federal CDBG requirements and consistency with local policies for use of funds. Applications should be clear and concise. APPLICATION DUE DATE: Applications must be received (postmark NOT acceptable) bv the due date at: City of Bremerton Department of Community Development 345 6� Street, Suite 600 Bremerton, WA 98337-1873 Electronic submittal of the Application is not accepted. APPLICATION SUBMISSION Four separate application packages are provided in this section. The application you use will be determined based on the type of project you are proposing. Activity Type Required Attachments CDBG Public Service n/a CDBG Planning n/a CDBG Capital Projects A, B, E HOME Housing A, B, D Each application consists of 3 components: • CDBG or HOME Funding Application Form • Response to Narrative Questions • Attachments ♦ Provide one original application submission and one full copy consisting of the 3 components described above (include all attachments). ♦ Provide five additional copies of the application submission consisting of: 1. CDBG or HOME Funding Application Form 2. Response to Narrative Questions 3. Project Feasibility Attachment (C, D, or E, depending on the application category) Technical Assistance A mandatory Technical Assistance training will be provided by staff. See the current CDBG/HOME Policy Plan Supplement for the CDBG/HOME Allocation Schedule for specific dates, times and locations. EXHIBIT B-1 `�� D� �C� - . � D .a . . . . Q � � �. � 2011 Community Development Block Grant CAPITAL PROJECTS APPLICATION Use this application for projects which involve public facilities or the acquisition, rehabilitation, and/or construction of real property. CDBG CAPITAL APPLICATION Application Contents / Checklist **Please read the instruction sheet before completing the application. ✓ Form Form Name Form Provided CDBG Fundin A lication Form Yes Res onse to Narrative Questions No Attachment�A — Or �anizational Ca aci �, � � � � - � � � A-1 Or anizational Chart No A-2 Or anizational Data No A-3 Non-Discrimination Policies No A-4 Mission Statement No A-5 A enc CDBG/HOME Histo Form Yes A-6 Co of A enc 's Liabilit Insurance Certificate No A-7 Ex lanation of an issues No A-8 Sala Summa Yes A-9 Annual Re ort No A-10 a A enc Board and Staff Profile Yes A-10 b List of Board Members and Information No Attachment B.- Or anizational.Financial. Mana ement �° �'� � B-1 Most recent Monthly Financial Statement, including No YTD information B-2 Most recent Audit, includin findin s No B-3 Statement of Ex erience No B-4 IRS 990 for non rofits No B-5 Secreta of State CHO-1 Form No B-6 Secreta of State Non-Profit Cor orate Re ort No 'Attachment E = Pro'ect�Feasibil' � � . � � � � E-1 Sources of Financin Yes E-2 Uses of Financin Yes E-3 Commitment Letters No E-4 Mana ement Plan No E-5 National Ob'ective and Eli ibilit Determination Yes E-6 Prelimina Environmental Review Yes E-7 Purchase and Sales A reement No E-8 O eration Pro Forma No E-9 Plans and S ecifications for Pro'ect No E-10 Relocation Plan No E-11 Nei hborhood Notification Plan No 2011 CDBG Capital Application _.... � � _� �� • ` � 2011 CDBG FUNDING APPLICATION FORM Check the appropriaie box to identify ihe type ot funds for which you are applying: ❑ �I��e�ise ❑ R�a�i�g ❑ Capital Improvement CDBG Fund Request $ Project Title (If this project has been previously funded, pfease use the same title) PI'OJ@Ct D@SC�Iptl011 FUC1dS WIII b@ US@d t0 (25 words orless with specific numbers/goals): Project Location �pnys►ca� add�ess� Geographic Service Area Census Tract(s) Number of Unduplicated People Directly Benefiting from this Project Applicant Name Mailing Address Agency Director Name Telephone # e-mail address Staff Contact Name and Title Telephone and Fax # e-mail address Federal Tax I.D. # (req'd) Type of Organization: Public Agency Private Nonprofit Other �spec�ry� Are you a Certified Housing Development Organization (CHDO) or Certified Community Based Development Organization (CBDO)? ❑ Yes ❑ No If not, are you planning on becoming a Certified CHDO or CBDO? ❑ Yes ❑ No Authorized Signature Date 2011 CDBG Capital Application CAPITAL APPLICATION Response to Narrative Questions Following each question are instructions to guide the type of information requested. Please type your responses and begin each page with the corresponding question number. The entire section must be limited to four (4) single sided pages of Times New Roman 12 point type. Additional pages will not be considered. 1. Provide a brief history of the agency I organization. When, how and by whom was the organization formed? How has it evolved and changed over the years? Give a brief description of your current programs and tell how they inter-relate. 2. Describe the project / program for which you are seeking funds. Include the following information: a. Proiect Specifics: Give a description of the proposed project including services that will be provided. Does the project address health and safety issues? b. Communitv Need: Is the project you are proposing identified / prioritized in a community or agency plan? If so, explain how and identify the plan. Estimate the unmet need for this service in the community being served. How much of the unmet need will the program address? c. Partners: Will you develop partnership agreements with other community agencies to accomplish this project? What will be the nature of these partnerships? d. Data: Please describe how your agency collects data on the programs it provides and the population it serves. How is this data used to improve your organizations and its programs? e. Tarqet Population: Who will be served? Describe the client population by geography. If the project serves Kitsap County as a whole, provide the percentage of clients living in Bremerton that will be served. 3. Describe the outreach plan to be used to ensure that eligible persons have access to your project / program. How does this project target low and very low income populations? Include a discussion about outreach and access to persons with disabilities, limited English speaking, and minority clients. What is your organization's history in serving these populations? 4. What will change in the lives of individuals, families, and the community as a result of this funding? How do you know that your program / project will be effective? Site evidence of other successful models, or your own track record as examples of successful results. How will the change be documented, monitored and evaluated? 5. Describe your organization's incorporation of family policy principles as described on pages 11-12 of this packet. ' 6. Describe your organization's construction management and property management experience. What project(s) has the organization constructed in the past and how large were they in physical size, complexity and cost compared to the proposed project? Has your organization received Federal funding for previous construction projects? Discuss the experience of the staff who will be assigned to construction management, record keeping and facility maintenance once completed. Give a brief project schedule and estimate when the CDBG funds will be used. Provide a brief maintenance plan, including how maintenance will be funded. 2011 CDBG Capital Application � Attachment A-5 � � �Agency CDBGIHOME History Form � Agency Name Project Name Provide a history of your agency's management of CDBG and/or HOME Projects since 2004. Year Project Dollar Funds CDBG or HOAAE City or County Amount Expended Funds by 06/30/10 2004 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 2005 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 2006 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 2007 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 2008 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 2009 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ 20�o CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ Authorized Signature Date 2011 CDBG Capital Application r ATTACHMENT A-8 Salary Summary Agency Name Project Name Description 2010 Projected Budget Number of professional FTEs Number of clerical FTEs Number of all other FTEs Salary Information Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs 2011 CDBG Capital Application Senior & Staff 8� Board •� Total Low Profile A-10(a) Racial Categories •� Minorities Income Total W Totals a� �. � �' � � � .. � m •c �� c m cm � � c�>a � � � �. Q� � '� Ov �� Q � � V c � = � m o � � ff a � � � �� 10 � � � 3 � w '� 3e �� U FW- a c� c� Q � a c� a � Q� .� � Q g .� •c ti .� � c�j � ��o. :� o d c � •c 2 a� d'_ _ UQ :� � a� eo d.� F z; � d�� m � d a� v''��3 � �� `�. �° c .. � c OU � m¢ Q Q �z zia Q �a ¢ mQ Qam � wi �� i Q a °� $ o Board Members Director(s) Administrators Professionals Technicians Protective Service Worker Para Professionals Office-Clerical Skilled Craft Service Maintenance Volunteers / Other � Attachment E-1 Sources of Financing - All Project Funding Sources � Agency Name Project Name Source (Name) Committed Conditional Tentative Federal: $ $ $ $ $ $ State: $ $ $ $ $ $ Local: $ $ � $ $ $ Applicant: $ $ $ � $ $ Private: $ $ $ $ $ $ In-kind: $ $ $ $ $ $ Subtotals: $ $ $ TOTAL ALL FUNDING SOURCES $ Attachment E-2 Use of Financing - All Funding Sources A enc Name Pro"ect Name Project Cost Amount CDBG/HOME CDBG/HOME Other Source of (County) (City) Funds PERSONNEL Managers Staff SUBTOTAL SUPPLIES/EQUIPMENT Office Supplies Equipment SUBTOTAL "ADMINISTRATION Advertising Audit Insurance/Bonds Postage/Printing RenUUtilities Communication Training/Travel Transportation SUBTOTA� ACQUISITION COSTS Acquisition SUBTOTAL DEVELOPMENT SOFT COSTS Appraisal Design and A & E Processing/Settlement and Financing Marketing Operating Reserve SUBTOTAL DEVELOPMENT HARD COSTS Clearance/Demolition Construction Rehabilitation Improvements SUBTOTAL OTHER COSTS Relocation Operating/Maintenance expenses Environmental " SUBTOTAL TOTAL PROJECT COST "A portion of each award may be utilized by Block �rant for costs of conducting environmental review. Please ask for an estimate. ATTACHMENT E-5 National Objective and Eligibility Determination Agency Name Project Name Section A: An eligible CDBG activity must meet one of the following three national objectives. • Place a check in the box next to the objective your project meets and • Check the box indicating how the project meets that objective. • Attach the documentation specified for the National Objective (refer to Part III of the Policy Plan for details on required documentation.) . ❑ 1. Principally benefit low and very low income (through): ❑ Area Benefit ❑ Limited Clientele -(chose one of the below, documentation will be determined by the letter selected.) (a) O Presumed Benefit (b) O Agency Requires Client Information (c) ❑ Income Eligibility Requirement (d) ❑ Nature/Location ❑ Removal of Architectural Barriers ❑ Assistance to Owners of Microenterprises ❑ Employment Support Services ❑ Housing Activities (Residential) 0 Job Creation or Retention - Economic Development 0 2. Reduce or Eliminate Slum or Blight 0 3. Meet an Urgent Need Section B: Check the appropriate box to indicate how your project is eligible according to CDBG requirements: ❑ Acquisition of real property ❑ Acquisition, construction, reconstruction or installation of public works facilities ❑ Acquisition, construction, reconstruction or conversion of housing units ❑ Site improvements ❑ Code enforcement ❑ Clearance, demolition, removal, and rehabilitation of buildings and improvements 0 Removal of material and architectural barriers which restrict the mobility and accessibility 0 Public service ❑ Planning activities ❑ Assistance to Community Based Development Organizations (CBDO) ❑ Economic development project ❑ Housing services ❑ Assistance to facilitate economic development ❑ Assistance to expand homeownership ❑ Lead based paint hazard evaluation and reduction Attachment E-6 CDBG Capital Projects Preliminary Environmental Review Questionnaire At the site under consideration for the project, please make an observation for each of the seven Compliance Factors listed below. Enter a"Y" for Yes or "N" for No in the space for the given condition. Fill in the blank with the appropriate answer for all other questions. Project Name and Address: ENVIRONMENTAL COMPLIANCE FACTORS 1.) HISTORIC PRESERVATION • Does the project involve a building greater than 50 years old? • If yes, does the project involve rehabilitation of some sort? • Are you aware of any historically significant events that have taken place at the site? Note: If the structure is greater than 50 years old and rehabilitation is proposed, the State Historic Preservation Officer (SHPO) must be contacted (as well as any local historic office). If the property is on the National Register of Historic Places (NRHP), eligible for listing, located in a Historic District, or adjacent to a NHRP, additional action may be required. 2.) FLOODPLAIN MANAGEMENT • Is the property where the proposed project is located in a Coastal High Hazard Area, flood way or have a finished floor below the 100 year flood plain? • Does the project propose the development of impervious surfaces (roof or concrete)? • If yes, approximatety how many square feet of impervious surFace will be developed? Note: Property in a flood plain will require flood insurance. If you need help making this determination, you may contact the City of Bremerton, Community Development Office at (360) 473-5211 for information regarding the Floodplain areas of Bremerton. 3.) COASTAL ZONE MANAGEMENT • Is the proposed project site within 200 ft. of the Ordinary High Water Mark? "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of inean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of inean high water. 4.) WETLANDS PROTECTION • Does the site or the adjacent areas of the proposed project have the appearance of a swamp, marsh, or slough? • Does the project appear to be wet (standing water) at any time of the year? 5.) NOISE • Is the proposed project site within 1,000 feet of a Highway (usually a four lane road) • or within 3,000 feet of a Railroad? 6.) ENDANGERED SPECIES • Is the proposed project site a habitat area for any endangered species? 7.) AIR • Do you know if the proposed project site has any asbestos located on the property? 8.) HAZARDS A.) Explosive or Flammable Tanks • Does the site for the proposed project have any visible storage tanks for a ftammable substance with in a quarter (1/4) of a mile? • Is the proposed site within a quarter (1/4) of a mile from a loading terminal for a flammable substance? • Does the proposed site have high pressure gas lines or overhead transmission lines present within 200 square feet? B.) Hazardous Waste • Will the proposed project be located on fill land? • If yes, what materials were used for the fill? • Is the project area on or near a site suspected of posing a potential environmental hazard such as a dump, land fill, or industrial location containing hazardous wastes? 9.) LAND USE HISTORY • What, if any, prior uses existed on the property? 1 UNDERSTAND THAT UPON SUBMITTAL OF THIS APPLICATION, NO FURTHER FUNDS, OF ANY KIND, CAN BE SPENT ON THIS PROJECT UNTIL A HUD APPROVED ENVIRONMENTAL REVIEW IS COMPLETE. FUNDS BEING SPENT ON THE PROJECT AFTER APPLICATION SUBMITTAL COULD JEOPARDIZE THE ELIGIBILITY OF THE PROJECT FOR HUD FUNDS. Note: A"Yes" response to any of these questions may be an indicator that some form of mitigation could be required for the project. Signature of Agency Director Name (PR/NTED) Date EXHIBIT B-2 �� 7 '__ �-�.�� .� � Q D D ,d . � � 2011 Community Development Block Grant HOME PROJECT APPLICATION Use this application for projects which provide decent, affordable housing fhrough construction, rehabilitation, rental and homeownership subsidies HOME APPLICATION Application Contents / Checklist HOME Funding Application Form Response to Rating Factors Attachments Attachment A (Organizational Capacity) A-1 An organizational chart showing all staff, board members and volunteer positions A-2 Organizational Data (i.e. 501 (c)(3), public charter...) A-3 Non-Discrimination Policies Attachment B (Organizational Financial Management) B-1 Most recent monthly financial statement including year-to-date information B-2 Most recent Financial Audit or Financial Statement prepared by a CPA, including findings. If your audit exceeds 50 pages, please include an executive summary and one copy of the full audit. B-3 A statement of experience including operating statements and lender references and record of performance, qualifications, capacity to carry out the project described in this application, and capacity to manage grants. B-4 I RS 990 (for non-profits) B-5 Secretary of State CHO-1 Form (for non-profits) B-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits) Attachment D (Project Feasibility) D-1 Commitment letters from other funding sources for this project D-2 Management Plan D-3 Plans and Specs for the Project D-4 Relocation Plan, if appropriate ""D-5 Preliminary Environmental Review Checktist '''"D-6 Agency CDBG/HOME History Form **D-7 Salary Summary D-8 Annual Report. If your report exceeds 50 pages, please include a summary and one copy of the full report. Include Agency Mission Statement **D-9 Agency Board Profile, attach the names and addresses of Board Members **Form provided within packet _ C_..? 1 �� "• � 2011 HOME FUNDING APPLICATION FORM HOME Funding Request $ Project Title (If this pn�ject has been previously funded, please use the same title) P�Oj@Ct D@SCPIptlOtl FUC1dS WIII be US@d t0 (25 words or/ess with specific numbers✓goals): Project Location (physical address) Geographic Service Area Census Tract(s) Number of Unduplicated People Directly Benefiting from this Project Applicant Name Mailing Address Agency Director Name Te/ephone # e-mail address Staff Contact Name and Title Telephone and Fax # e-mail address Federal Tax I.D. # (req'd) Type of Organization: Public Agency Private Nonprofit Other (specify) Are you a Certified Housing Development Organization (CHDO)? ❑ Yes ❑ No If not, are you planning on becoming a Certified CHDO? ❑ Yes ❑ No Authorized Signature Date CITY OF BREMERTON HOME PROJECT RATING FACTORS 1. A licant Profile Applicant Profile (see attached instructions): 2. Pro'ected use of HOME funds -- Pro osed Pro'ect Proposed project: Tenure of recipients: check one ❑ New construction ❑ Substantial rehabilitation (> $25,000) ❑ Renters ❑ Moderate rehabilitation (< $25,000) ❑ Owners ❑ Tenant Based-Assistance ❑ Other 3. Need Describe the need for the proposed project. The description should include characteristics such as cause, extent, and location of the specific need and should be in measurable and quantitative terms. Describe how you determined that the project is the most appropriate method to address the need and the proposed impact the project is expected to have. 4. General Pro'ect Information Explain how the project is consistent with the Consolidated Plan: Is the project identified / prioritized in any other community or agency plan? If so, identify the plan and explain how the project fits with the plan. Project address: City: State: Zip Code: Bremerton WA Identify the service area of the project: � Please attach a project map that identifies the project location(s) 5. Sources of Financin — All Pro'ect Fundin Sources Source (Name) Committed Conditional Tentative a. Federal: HOME $ $ $ (Application Amount $ $ $ b. State: $ $ $ $ $ $ c. Local: $ $ $ $ $ $ d. Applicant: $ $ $ $ $ � e. Private: $ $ $ $ $ $ f. I n-kind: $ $ $ � $ $ $ Subtotals: $ $ $ TOTAL ALL FUNDING SOURCES $ 6. Uses of Financin - All Fundin Sources Project Cost Amount HOME HOME Other (City) (County) Source of Funds ACQUISITION COSTS: Acquisition Homebuyer assistance Other SUBTOTAL RELATED SOFT COSTS Appraisal Architect Engineering Design Processing/Settlement and Financing Costs Audit Affirmative Marketing Operating Reserve Other SUBTOTAL DEVELOPMENTALHARD COSTS New Construction Rehabilitation Improvements Demolition Other SUBTOTAL OTHER COSTS * Relocation CHDO operating expenses Tenant Based Assistance Other SUBTOTAL OPERATING COSTS (generally not HOME costs) Services Rent/Mortgage Subsidies Operating Other SUBTOTAL TOTAL PROJECT COST *' " A portion of each award may be utilized by Block Grant for costs of conducting environmental review. Please ask for an estimate. ""Note: Total Project Cost must be equal to Total al/ Funding Sources on the Source of Funds statement. 7. Sources of Cost Estimates � Summarize and attach cost estimates Attach: earnest money agreement, option or closing statement for land and/or building(s); construction cost estimate; construction contract or preliminary bid(s); agreements governing the various reserves which are capitalized at closing; appraisal; and if low income housing tax credits are utilized, documentation on the syndication costs from the organization/individual who will syndicate and sell the offering. Provide supporting documentation for all other costs. 8. Total Per Cost Total Project Development Cost: Total Number of Units in the Project: Cost er unit: 9. Match Contribution a. Total HOME funds requested d. Description of match contribution: $ b. Match contribution $ c. Match is % of HOME re uest 10. Use of HOME funds a. Development hard costs $ b. Acquisition costs $ c. Related soft costs $ d. Relocation costs $ e. Costs related to TBRA $ f. CHDO operating expenses $ g. Total HOME-Assisted Cost: $ h. Total Number of HOME-assisted Units $ j. HOME cost per unit $ "Note: A maximum HOME subsidy of $30,000 per unit is allowed for homeownership ro'ects and $157 410 er 1-BR unit for rental ro'ects. See a e 4 of the Polic Plan. 11. Pro'ect Ob'ectives / Tasks / Schedule List the specific tasks to complete and manage this project, the total amount required to meet the task, the amount that will be paid using HOME funds, the source of any other funds needed to complete the task, the date when you will start the task and the date when it will be completed. Include tasks through the period of affordability. Specific tasks Total HOME Other Start End Date Cost Cost Sources Date � See Attached . 12. Lon Term Affordabili Indicate the number of years the project will be retained as affordable housing for your target income level and how this will be accomplished, for example, land covenants or deed restrictions. (See Policy Plan and attached instructions for requirements.) If the project is for assistance to homebuyers, include a specific description of the resale/recapture procedures that will be used. Project will remain affordable for years 13. Minori and Women Owned Businesses Identify the types of notices, bid procedures, and direct outreach that will occur in regard to recruitment of minority and women owned businesses for this project. 14. A�rmative Nlarketin (see attached instructions) if your project is for • homeownership you must answer questions 15 and 16 (you do not need to answer questions 17, 18, 19, 20, o� 21) and include the attachments in 22. . rental housing you do not need to answer questions 15, 16, 20 or 21, but you must answer 17, 18, 19 and include the attachments in 22. . tenant based assistance you do not need to answer questions 15, 16,17,18, 19, or 21, but ou must answer 20 and include the attachments in 22. 15. Homeownershi Re uirements Describe the method of assuring that (1) All of the HOME funds will assist low income homebuyers, or existing low-income homeowners, whose family incomes are at or below 80% of the area median family income (see page 19 of the Policy Plan). (2) The assisted housing will be the owner's principal residence; and (3) The purchase price of the property, or the appraised value of a property already owned after rehabilitation will be less than 95% of the median area purchase price. 16. Home Ownershi Income Tar etin Please rovide the information re uested in the followin table Size of House and Income Number Monthly Targeted Assumed PITI Median Comments Level of Payment Maximum Family / divided Income* Houses (PITI) HH Household by adjusted for / Units income Size monthly family size Income ONE BEDROOM � % of Median Income* % of Median Income % of Median Income TWO BEDROOM % of Median Income % of Median Income % of Median Income THREE BEDROOM % of Median Income % of Median Income � % of Median Income , FOUR BEDROOM % of Median Income % of Median Income % of Median Income TOTAL *Median Income = Median Family Income. Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. See Page 19 of the Policy Plan. 17. Rental O eratin Statement Provide operating statements for # of years project will remain affordable to very low and low income households. After year 5, projections may be in 5-year increments. (you may provide a more detailed statement in our own format A. Operating Income: Gross Rent Receipts less Vacancy Rate % Other Income Total Operating Income B. Operating Expenses Sewer/Water Electricity Gas Garbage Maintenance Management Advertising Reserves OtherExpenses Total Operating Expenses C. Net Operating Income $ D. Total Debt Service $ (complete table below) E. Net Cash flow $ (Net Operating Income less Debt Service Total) Debt Service: Loans or other Amount AAonthlv Annual Pavment Pavment Loan 1 $ $ $ Loan 2 $ $ $ Loan 3 $ $ $ Total Annual Debt Service $ 18. Pro'ect Rent Schedule Provide the information re uested in the followin table Type of Unit # of Targeted Targeted Proposed Tenant Tenant Type of Proposed rent units Family Household Monthly paid Monthly subsidy as % of income Size Income Rent Utilities/ Rent (if any) Services** Plus Utilities SRO % of Median Income* % of Median Income % of Median Income ONEBEDROOM % of Median Income % of Median Income % of Median Income TWO BEDROOM % of Median Income % of Median Income % of Median Income THREE BEDROOM % of Median Income % of Median Income % of Median Income TOTAL ** List utilities and services to be aid b tenant: *Median Income = Median Family Income. Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. See Page 19 of the Policy Plan. 19. HOME Rents Describe the process that will be established to assure that the rents charged in HOME assisted rental projects do not exceed the allowable amount under HOME program regulations. (see attached instructions) 20. Tenant Based Rental Assistance Describe actions you will take to assure the project meets the requirements of 92.210 and 92.211 including tenant selection policies, lease requirements, rent reasonableness, terms of any rental assistance contract and maximum subsidies. 21. Additional Information Provide any additional information you think may help us evaluate your application. Please limit the amount of additional information to four pages. 22. Attachments. Please provide the following attachments with your application and copies: Attachment A (Organizational Capacity) A-1 An organizational chart showing all staff, board members and volunteer positions A-2 Organizational Data (i.e. 501 (c)(3), public charter...) A-3 Non-Discrimination Policies Attachment B (Organizational Financial Management) B-1 Most recent monthly financial statement including year-to-date information B-2 Most recent Financial Audit or Financial Statement prepared by a CPA, including findings. If your audit exceeds 50 pages, please include an executive summary and one copy of the full audit. B-3 A statement of experience including operating statements and lender references and record of performance, qualifications, capacity to carry out the project described in this application, and capacity to manage grants. B-4 IRS 990 (for non-profits) B-5 Secretary of State CHO-1 Form (for non-profits) B-6 Secretary of State Non-Profit Corporate Annual Report (for non-profits) Attachment D (Project Feasibility) D-1 Commitment letters from other funding sources for this project D-2 Management Plan D-3 Plans and Specs for the Project D-4 Relocation Plan, if appropriate "*D-5 Preliminary Environmental Review Checklist ""D-6 Agency CDBG/HOME History Form "*D-7 Salary Summary D-8 Annual Report (include Agency Mission Statement). *'D-9 A Board profile, attach the names and addresses of Board Members **Form provided within packet Attachment D-5 HOME Capitai Projects Preliminary Environmentai Review Questionnaire At the site under consideration for the project, please make an observation for each of the seven Compliance Factors listed below. Enter a"Y" for Yes or "N" for No in the space for the given condition. Fill in the blank with the appropriate answer for all other questions. Project Name and Address: ENVIRONMENTAL COMPLIANCE FACTORS 1. HISTORIC PRESERVATION • Does the project involve a building greater than 50 years old? • If yes, does the project involve rehabilitation of some sort? • Are you aware of any historically significant events that have taken place at the site? Note: If the structure is greater than 50 years old and rehabilitation is proposed, the State Historic Preservation Officer (SHPO) must be contacted (as well as any local historic office). If the property is on the National Register of Historic Places (NRHP), eligible for listing, located in a Historic District, or adjacent to a NHRP, additional action may be required. 2. FLOODPLAIN MANAGEMENT • ts the property where the proposed project is located in a Coastal High Hazard Area, flood way or have a finished floor below the 100 year flood plain? • Does the project propose the development of impervious surfaces (roof or concrete)? • If yes, app�oximately how many square feet of impervious surface will be developed? Note: Property in a flood plain will require flood insurance. If you need help making this determination, you may contact the City of Bremerton, Community Development Office at (360) 473-5211 for information regarding the Floodplain areas of Bremerton. 3. COASTAL ZONE MANAGEMENT • Is the proposed project site within 200 ft. of the Ordinary High Water Mark? "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of inean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. 1. WETLANDS PROTECTION • Does the site or the adjacent areas of the proposed project have the appearance of a swamp, marsh, or slough? • Does the project appear to be wet (standing water) at any time of the year? 2. NOISE • Is the proposed project site within 1,000 feet of a Highway (usually a four lane road) � • or within 3,000 feet of a Railroad? 3. ENDANGERED SPECIES • Is the proposed project site a habitat area for any endangered species? 4. AIR • Do you know if the proposed project site has any asbestos located on the property? 5. HAZARDS Explosive or Flammable Tanks • Does the site for the proposed project have any visible storage tanks for a flammable substance with in a quarter (1/4) of a mile? • Is the proposed site within a quarter (1/4) of a mile from a loading terminal for a flammable substance? • Does the proposed site have high pressure gas lines or overhead transmission lines present within 200 square feet? Hazardous Waste • Will the proposed project be located on fill land? • If yes, what materials were used for the fill? • Is the project area on or near a site suspected of posing a potential environmental hazard such as a dump, land fill, or industrial location containing hazardous wastes? 6. LAND USE HISTORY � What, if any, prior uses existed on the property? I UNDERSTAND THAT UPON SUBAAITTAL OF THIS APPLICATION, NO FURTHER FUNDS, OF ANY KIND, CAN BE SPENT ON THIS PROJECT UNTIL A HUD APPROVED ENVIRONAAENTAL REVIEW IS COMPLETE. FUNDS BEING SPENT ON THE PROJECT AFTER APPLICATION SUBMITTAL COULD JEOPARDIZE THE ELIGIBILITY OF THE PROJECT FOR HUD FUNDS. Note: A"Yes" response to any of these questions may be an indicator that some form of mitigation could be required for the project. Signature of Agency Director � Name (PR/NTED) Date Attachment D-6 Agency CDBG/HOME History Form Agency Name Project Name Provide a history of your agency's management of CDBG and/or HOME Projects since 2003. Year Project Dollar Funds CDBG or HOME City or County Amount Expended Funds by 06/30/09 CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ CDBG ❑ COUNTY ❑ HOME ❑ CITY ❑ What is the agency's insurance program for general liability/officers and board/volunteers, etc.? Please attach a copy of your current policy. Does the agency have any threatened or pending litigation? ❑ No ❑ Yes (if yes, attach explanation) Does the agency have any audit or IRS problems? ❑ No 0 Yes (if yes, attach explanation) Authorized Signature Date ATTACHMENT D-7 Salary Summary Capital Projects Agency Name Project Name Description 2010 Projected Budget Number of professional FTEs Number of clerical FTEs Number of all other FTEs Salary Information Salary of Director Salaries of Professional Staff Salaries of Clerical Staff Other Salaries Description Description Description Description Totals Total Payroll Cost (including payroll taxes) Total Cost of Benefits Total Cost of Retirement Total Salary and Fringe Costs CITY OF BREMERTON HOME Application Instructions General Applicant Information: APPLICANT The organization submitting the application ADDRESS Address of applicant agency CONTACT PERSONITITLE: For thiS project TELEPHONE NUMBER For applicant agency and the contact person TITLE AND SIGNATURE OF AUTHORIZED OFFICIAL The title and signature of the person � authorized to sign contracts for the organization. Indicate, in this section, if you are applying for the CHDO set aside. A CHDO checklist or a letter indicating you have been predetermined to be a CHDO in The City of Bremerton, must be submitted with the application. 1. Applicant Profile: The organization that will administer the project must describe its record of performance, qualifications, and capacity to carry out the project described in the application. Any recent (within the past year) housing activities that have been administered should be described. The applicants role, and if appropriate the role other entities will have, in carrying out the proposed project (i.e. developer, owner, investor, manager, etc.) must be described. 2. Projected Use of HOME Funds Indicate if the proposed project is: New construction newly built or built within the last 12 months adding additional unit(s) outside existing walls Rehabilitation Substantial: development cost per unit is greater than $25,000 Moderate: development cost per unit is less than $25,000 Homeowner Assistance Tenant Based Rental Assistance Indicate if proposed recipients of HOME assistance will be renters or owners. 3. Need Describe the need for the project. How long has the need existed. Are any other activities currently being undertaken in the community to address the need? If appropriate, identify any new emerging needs that are not met through any of the existing agencies or programs. Where did you get the information included in this section? Quantify information when possible 4. General Project Information . Describe what your project is. Provide sufficient detail to give the reader a clear understanding of the nature of the activity to be undertaken. Include "who, what, where, how, and why." Be as specific as possible. This is an opportunity to "make the case" for your project. • Include information concerning the housing standards that will be met. • List the spec�c objectives to be met. Displacement of people or businesses is discouraged. If your proposal is likely to result in displacement, discuss it in this section and include relocation assistance, as app�opriate, in the use of funds section. • Explain how the project is consistent with the Consolidated Plan. See page 6 of the Policy Plan for more information • Explain how / if the project is prioritized in another community or agency plan. Address: Provide the street address for the project. If project sites have not been identified, provide the address of the Agency applying for the funds. Service Area: Provide the service area for the "project" not the Agency, unless the service areas are the same. Identify the neighborhood, City or County by Name. Project area Map: Attach a map that best shows the "project service area. Identify the project location on the map. 5. Sources of Financing- All Funding Sources: Please list the sources of all funds required to complete the project. a. Federal: list all specific sources of federal funds required to complete the project. Indicate if the amounts are committed, conditional or tentative. Provide the date you will be given a notice of a firm commitment or denial if the funds are conditional or tentative. b. State: list all spec�c sources of State funds required to complete the project. Indicate if the amounts are committed, conditional or tentative. Provide the date you will be given a notice of a firm commitment or denial if the funds are conditional or tentative. c. Local: list all spec�c sources of local funds required to complete the project. Indicate if the amounts are committed, conditionat or tentative. Provide the date you will be given a notice of a firm commitment or denial if the funds are conditional or tentative. d. Applicant: list all specific sources of funds to be provided by the applicant that are required to complete the project. Indicate if the amounts are committed, conditional or tentative. Provide the date you will know if the funds will be committed for any amounts listed as conditional or tentative. e. Private: list all specific sources of private funds required to complete the project. Indicate if the amounts are committed, conditional or tentative. Provide the date you will be given a notice of a firm commitment or denial if the funds are conditional or tentative. f. In kind contribution: includes volunteers, supplies and other contributions for which a cash value can be assigned. Attach a description of any in-kind contribution listed, including dollar value and the basis for the value determination. g. Subtotals:: provide the total of lines a through f for the amount in the committed column, conditional column, and tentative column. h. Total All Funding Sources This is the sum total of the three columns in item g (subtotal) 6. Uses of Financing - All Funding Sources Identify the budget required for the specific project. Amount: List the costs, by category for the total project budget. Subtotal: Provide the total for each of the sections. Source of Funds: Identify the specific source of funds that will be utilized for the budgeted cost. 7. Sources of Cost Estimates Indicate the source of cost estimates used to determine funds, and distribution of funds, required to complete the project. 8. Total Per Unit Cost Total project development cost: This amount should be the same amount as in question 7 "Total Project Cost." Total number of Units in the Project: Identify the number of units in the project. Cost per unit: Divide the total project development cost by the cost per unit. 9. Match Contribution a. Total HOME funds requested: This amount should be the same as in question 9 �9)� b. Match contribution: The amount of match contribution that will be provided. c. Match percentage: The match contribution (b) divided by the HOME funds requested (a). d. Description of the match contribution: Include a detailed description of the source of the contribution. (For example if the contribution is cash, land or real property, describe where it is coming from; if the match is donated or voluntary labor describe who will provide it). Include the status of the contribution, is it committed, conditional, or tentative. Explain the status. 10. Use of HOME funds . Identify costs that are proposed to be paid with HOME funds. Eligible costs are described in HOME regulations 92.206 and are briefly outlined below. a. Developmental Hard Costs are the actual cost of constructing or rehabilitating housing. Costs o demolish existing structures and for improvements to the project site that are in keeping with improvements of surrounding, standard projects, and costs to make utility connections are considered developmental hard costs. b. Acquisition Costs are the costs of acquiring improved or unimproved real property. c. Related Soft Costs are other reasonable and necessary costs incurred by the owner and associated with the financing, or development (or both) of new construction, rehabilitation or acquisition of housing assisted with HOME funds. These costs include, but are not limited to: • Architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; • Costs to process and settle financing for a project, such as private lender origination fees, credit reports, fees for title evidence, fees for recordation and filing of legal documents, building permits, attorneys, fees, private appraisal fees and fees for an independent cost estimate, builders or developers fees; • Costs of a project audit t • Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants; • For new construction or substantial rehabilitation, the cost of funding an initial operating deficit reserve, which is a reserve to meet any shortfall in project income during the period of project rent up and which may only be used to pay operating expenses, reserve for replacements and debt service. d. Relocation Costs: are costs of relocation payments and other relocation assistance for permanently and temporarily relocated individuals, families, businesses, non-profit organizations, and farm operation where assistance is required. e. Costs Related to Tenant Based Assistance are rental assistance and security deposit payments made to provide tenant-based rental assistance for a family. f. CHDO Operating Expenses: g. Total HOME Assisted Costs: The total of 11 a through f. h. Total Number of HOME Assisted Units: The total number of units that will be assisted with HOME funds. i. HOME Cost Per unit: The totat HOME assisted costs (g) divided by the total number of HOME assisted units (h). 11. Project Objectives/Tasks/Schedule Specific tasks: Separate the project into tasks, including those tasks which are necessary for project start up, like hiring staff or consultants. List the tasks in this column. For any tasks that will be done by an agency other than the applicant agency, indicate the implementing agency in the same column. These tasks should relate to the objectives described in 5. Total Cost: Enter the cost of accomplishing the task if it is included in the total project cost whether or not HOME funds will be used for the particular task. Some start up costs may be borne by the agency's existing administrative capacity and not charged to the project. The tasks should still be listed in columns b, c, and d. The total of this column should equal the "total project cost" on question 7. HOME Cost: Enter the amount of HOME funds you will use for each task. The total of this column should equal the amount requested from the HOME program Other Sources: Enter the amount of any other funds you will use to corr�plete each task. Start Date: Indicate when you will begin each task. Be thoughtful and specific. Your performance will be monitored using these dates. End Date: Indicate when you will complete each task. be thoughtful and specific. Your performance will be monitored using these dates. 12. Long Term Affordability Describe the policies and procedures to assure units remain affordable. Proiects involvinq homeownership One of the purposes of the HOME Program is to increase the supply of affordable housing units over an extended period of time. To this end, homebuyer units must remain affordable for up to 15 years, depending on the amount of HOME funds invested in each unit. Generally, If the original homebuyer retains title to the property for the full period of affordability, no resale/recapture provisions apply. However, if the property is transferred during the period of affordability the applicant must assure continued affordability in one of two ways: All HOME assisted properties must provide public benefit during a designated Period of Affordabilitv as described in 24 CFR 92.252.(e) for rental property and 24 CFR 92.254(a)(4) for homeownership property. Additionally, the PJ will designate in the subrecipient contract the method to be used—either Resale or Recapture (24 CFR 92.294(a)(5) for maintaining affordability for each HOME assisted property. Recapture: allows creation of another affordable unit. Procedures must be outlined to recapture the HOME assistance that was provided to the original buyer and invest it in another homebuyer unit. If proceeds are insufficient to recapture the entire subsidy, the rules permit recapturing a portion of the subsidy based on length of ownership. The HOME investment subject to recapture is the HOME assistance that enables the homebuyer to buy the dwelling. -or- Resale: requires sale of the property to another low-income buyer who will use it as their principal residence. Procedures must be outlined to assure the sale of the property is at a price which allows for a fair return on equity in addition to being affordable to the subsequent low-income buyer. Proiects involvina rental units: Describe the policies and procedures to assure that units will remain affordable for the following terms based on the per unit amount of HOME funds: Purchase or Rehabilitation of up to $15,000 5 years Purchase or Rehabilitation between $15,000 and $40,000 10 years Purchase or Rehabilitation of $40,000 + 15 years New Construction (any amount) 20 years 13. Minority and Women Owned Businesses The HOME program requires the encouragement and use of minority and women owned business enterprises in the implementation of HOME program activities. Describe your plans for affirmative marketing to minority and women owned businesses. Identify the types of notices, bid procedures and direct outreach that will occur in this regard. 14. Affirmative Marketing HOME regulations require affirmative marketing of housing units assisted with HOME funds. Describe the methods of affirmative marketing that will be undertaken as part of the HOME-assisted project. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups At a minimum, project sponsors will be required to use affirmative fair housing marketing practices in soliciting renters or buyers, determining their eligibility, and concluding all transactions. Any HOME assisted housing must comply with the following procedures for the duration of the applicable compliance period: • Project sponsor advertising of vacant units must include the Equal Housing Opportunity logo or statement (newspapers, radio, television, brochures, leaflets, sign in a window, etc.) •. The project sponsor will be required to solicit applications for vacant units from persons in the housing market who are not likely to apply for the housing without special outreach (e.g. use of community organizations, places of worship, employment centers, fair housing groups, etc) • The project sponsor must maintain records containing documentation of all marketing efforts (e.g. copies of newspaper advertisements, memorandums of telephone calls, copies of letters, etc.). A listing of all tenants residing in each unit at the time of application submittal through the end of the compliance period must also be maintained. Records to assess the results of the a�rmative fair housing marketing actions must be available for inspection by The City of Bremerton HOME administrators. 15. Homeownership Requirements Describe the method of assuring that • All of the HOME funds will benefit families whose incomes are at or below 80% of the area median income. Income must be determined using one of HUD three approved methods (http://www. hud. qov/offices/cpd/affordablehousinq/librarv/modelquides/1780 �• • The assisted housing will be the owner's principal residence • The purchase price of the property or the appraised value of a property already owned, after rehabilitation will be less than 95 percent of the median area purchase price. 16. Ownership Income Targeting Provide the information requested for HOME assisted units Size of House and Income Level: Under the bedroom size, indicate the targeted income. - Number of Houses: Identify the number of HOME assisted houses by bedroom size and targeted income Monthly PITI: Identify the projected Principal, Interest Taxes, and Insurance (PITI) by bedroom size and targeted income. Targeted Maximum Household Income: Identify the maximum targeted income by bedroom size and percent of inedian income. Assumed Family Size: Provide targeted family size by bedroom size and percent of median income. PITI divided by Monthly Income: Divide the monthly PITI by the monthly targeted household income. Median Income adjusted for family size: Identify the median income based on the family size (see attached chart) 17. Operating Statement Provide operating statements for the number of years the project will remain affordable to very low and low income households. After year 5, projections may be in 5 year increments. 18. Projected Rent Schedule Rental projects must provide the information requested for units assisted with HOME funds. List by type of unit, the number of units, the targeted family size, the targeted household income, the proposed monthly rent, the tenant paid utilities and services (identify utilities and services to be paid by the tenant at the bottom of the chart), the type of subsidy if any (this should have been discussed previously)and the proposed rent divided by the monthly income. 19. Home Rents Describe the process you will establish to assure that: • 80% of the HOME assisted units in the project have rents which are 30% of adjusted income for households at 65% of inedian income, minus tenant paid utilities. (HOME regulations require that 80% .the lower of either: * The Section 8 Fair Market Rents (FMR) for existing housing., minus tenant paid utilities -OR- * rents which are 30% of adjusted income for households at 65% of inedian income, minus tenant paid utilities. • At least 20% of HOME assisted units have rents that are equal to or less than 30% of annual incomes for households at 50% of inedian income minus tenant paid utilities. Properties with 1 or 2 units a�e exempt from this rule. 20. Tenant Based Rental Assistance (if applicable) / Tenant Selection Policies Describe the status of your program in relation to the regulations at 92.210 and 92.211. The requirements are briefly listed below. General Reauirements — Tenant Selection Policies for all HOME assisted units� • Families must be selected in accordance with written tenant selection policies and criteria that are consistent with the requirements of 92.211 (2). Do you already have selection procedures or will you develop them after contract award; • Rents must be reasonable, based on rents that are charged for comparable unassisted rental units • The lease between the tenant and owner must comply with requirements of 92.253; • The housing occupied by a family receiving tenant-based assistance must meet the Section 8 housing quality standards; Rental Assistance • The rental assistance contract providing assistance with HOME funds may not exceed 24 months, but may be renewed, subject to the availability of HOME funds; . The amount of monthly assistance that may be provided to a family may not exceed the difference between the standard unit rent and 30% of the family's monthly income; • The standard for the rent will be based on either local market conditions; or may not be less than 80% of the Section 8 Fair Market Rents, or more than the FMR; • A minimum tenant contribution to the rent must be established; Securitv deposits • Loans or grants can be provided to low income families for security deposits, even when other tenant based assistance is not provided; • The HOME funds that may be provided for a security deposit may not exceed the equivalent of two month's rent for the unit; � 21. Additionallnformation Provide any additional information you think may help us evaluate your application. Senior � Staff & Board Racial Categories •� Tota� �ow Tota� Profile D-9 'c Minorities Income W Totals O w c d ca� y ��c C 10 �� c C" c0 � r N v Q O c� N O v f'�n � ��S Z;F • Q � d.� ?� c c � c �o � � � ° ' " � c a(� � �p �p Z�p �— ;� � � p c � p c Q 3 c� io c �LI,J Q U U � fq �a � � Q C> C�Y� �_ �C LL,?'• �,�+' � C � N �� O U Q � � . '� � � � 'co — •� � � c c •� vi �p � ea c c d -� E � � �p � � �d � d._:z :�3ci �._ co �5d. dca— d'a c�. o �oo N o � �E w ��o coeo� E��o u, �E EQmE fi�o wy oc o c °�� y $ o� OU � m¢ Q ��z z=a QSz Q m¢ ¢�as¢ O� wx �-� F-� ¢c� Q� ��.Fi' o Directors Administrators Professionais Technicians Protective Service Worker Para Professionals Office-Clerical Skilled Craft Service Maintenance Volunteers I Other Affirmative Action: What is your organization doing to increase or maintain appropriate representation of race, gender, age, income that supports your organization's unbiased treatment of volunteers, (including Board members) or staff. (IE Hiring practices, advertising, promotion, 8� job applicants)? EXHIBIT C , S�� r�� ,U�:U ��OU� . . D Q � D . :. D . . � . � 2011 Community Development Block Grant 2011 CDBG/HOME POLICY PLAN SUPPLEMENT 2017 CDBG/HOME FuNDING PROCESS i CDBG/HOME FUNDING PROCESS Contents � CDBG/HOME Staff Contacts .......................................................... iii 2011 CDBG / HOME Allocation Schedule ..................................... iv CDBG Public Service Citizen Advisory Committee ...................... v CDBG Capital,Economic Development and Planning Citizen Advisory Committee; HOME Projects Committee ........................ v 2011 Proposed Distribution of CDBG Funds .............................. vii 2011 Proposed Distribution of HOME Funds .............................. vii HUD Income Limits ...............:....................................................... vii . i �' 2011 CDBG/HOME FUNDING PROCESS ll EXHIBIT C CDBG/HOME STAFF CONTACTS Marie Vila, Program Administrator Telephone: (360) 473-5375 Fax: (360) 473-5278 E-Mail: marie.vilaCc�ci.bremerton.wa.us Mailing address: City of Bremerton Department of Community Development 345 6 Street, Suite 600 Bremerton, WA 98337-1873 Program Coordinator Telephone: (360) 473-5211 Fax: (360) 473-5278 E-mail: Mailing address: City of Bremerton Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 2011 CDBG/HOME FuN�iNG PROCESS 111 2011 CDBG / HOME ALLOCATION SCHEDULE Monday 04/05/2010 Advertise Availability of 2011 Draft Policy Plan (Ad to be placed in The Sun) www.ci.bremerton.wa.us Wednesday 04/28/2010 Present Proposed 2011 Policy Plan/New Advisory Board Members at City Council Study Session, City Council Office, Suite 600 5:OOPM Wednesday 05/05/2010 Bremerton City Council Public Hearing on 2011 Policy Ptan 345 6th Street, 5:30 PM Monday 05/10/2010 Final 2011 Policy Plan and Application Packet Available 345 6th Street, Suite 600, DCD www.ci.bremerton.wa.us Wednesday 05/26/2010 Technical Assistance Meeting (mandatory) — Capital/HOME Applications only, WSU Extension Classroom, 345 6 th Street, 4th Floor, 9-11 am (City of Bremerton is NOT accepting Public Service applications for 2011) Friday 07/16/2010 Applications Due to City of Bremerton, by 4:30 p.m. DCD, 345 6th Street, Suite 600 (Postmark is not acceptable) Mon-Fri 07/19/2010 Staff Technical Review -08/20/2010 Wednesday 08/25/2010 Citizen Advisory Capital Committee Member Training City Council Chambers, 345 6th Street, 6th Floor Wednesday 08/25/2010 Application Package to Citizen Advisory Committee for review Monday-Fri 09/13/2010 CapitallHOME Citizen Advisory Committee Review and Interviews -09/17/2010 Friday 09/17/2010 Citizen Advisory Committee Recommendations to DCD Staff Monday 09/27/2010 Publish Draft Action Plan and announce Public Comment period in Kitsap Sun; funding recommendations posted on City's website Tuesday 10/05/2010 Public Meeting to Comment on Funding Recommendations DCD Conference Room, 345 6th Street, 3:00 PM Wednesday 10/27/2010 Present Proposed 2011 Funding Recommendations at City Council Study Session, City Council Office, Suite 600 S:OOPM Wednesday 11/03/2010 City Council Hearing on 2011Funding Recommendations 345 6"' Street, 5:30PM Monday 11/15/2010 2011 Annual Action Plan to HUD Wednesday 01/01/2011 2011 Program Year Begins 2011 CDBG/HOME FuNOiNC PROCess iV 2011 CDBG PUBLIC SERVICE CITIZEN ADVISORY COMMITTEE Position Term • 1 Member from the City at large Erin Wallace-Shephard 1/1/07-12/31/09 • 2 Members from the West Bremerton Area Tina Davis 1/1/07-12/31/09 Faye Flemister 1/1/08-12/31/10 • 2 Members from the East Bremerton Area Holly James 1 /1 /09-12/31 /11 Don Bolles 1 /1 /07-12/31 /09 From then on 3 year staggered terms 2010 CDBG CAPITAL, ECONOMIC DEVELOPMENT AND PLANNING CITIZEN ADVISORY COMMITTEE; HOME PROJECTS COMMITTEE • 1 Councilmember (appointed by the Council President) - Greg Wheeler 1/1/10-12/31/10 • 1 Planning Commissioner (appointed by Commission President) TBD 1 /1 /10-12/31 /10 Three Community Members appointed by the Mayor: • 1 Member from the City at large Robbyn Myers 1/1/09-12/31/11 • 1 Member from the West Bremerton Area Joyce Davison 1/1/08-12/31/10 • 1 Member from the East Bremerton Area Jordy Andrew 1/1/08-12/31/10 From then on 3 year staggered term 2011 CDBG/HOME FuN�iNG PROCess V 2011 PROPOSED DISTRIBUTION OF CDBG FUNDS Estimated Funding Available for the 2011 CDBG Allocation Process Estimate of 2011 Entitlement 574,814 Tentative Program Income (PI) Available 55,000 Total Entitlement + PI 629,814 Reallocated Funds prior year p Total Available for allocation 629,814 Available for 2011 Public Service (15% of entitlement + 15% prior year PI ) 91,472 Available for COB DCD 201 Planning and Admin (20% of entitlement + PI) 125,963 Available for Capital Projects and Economic Development 412,379 ( 65% of entitlement + PI + recaptured capital project funds) Total Entitlement + PI 629,814 2011 PROPOSED DISTRIBUTION OF HOME FUNDS Prior Year Uncommitted Home Allocation $461,277.00 2011 Program Income $50,000.00 2011 HOME Allocation - projected $425,000.00 Total HOME Allocation Available - by Source $936,277.00 Available for Planning and Administration (10% 2011 EN, + 10% PI, not inc ADDI) $47,500.00 Available for CHDO Projects (15% of 2009, 2010, 2011 entitlements) $200,608.00 Downpayment Program Set-aside (2008 Council Action) $80,000.00 Available for any HOME Project $608,169.00 Total HOME Allocation Available $936,277.00 Estimated Available for American Dream Downpayment Initiative (2006-2011) $0.00 2011 CDBG/HOME FuN�iNG PROCess Vi HUD INCOME LIMITS Median Family Income (MFI) is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. The Median Family Income for the Bremerton-Silverdale MSA effective March, 2009 is $70,900 for a four-person household. HUD updates income limits annually. FY2009 Income Limits had not been release as of the 2010 Policy Plan publication date. Most up-to-date ir►come limits will apply to all CDBG and HOME funded projects. They may be found at www.huduser.orq. Median Family Income Bremerton-Silverdale MSA; Effective March, 10, 2009 NUMBER IN EXTREMELY LOW VERY LOW INCOME LOW INCOME HOUSEHOLD INCOME (BELOW (31% - 50% MFI*) (51% - 80% MFI*) 30% MFI*) 1 $14,900 $24,800 $39,700 2 $17,000 $28,350 $45,350 3 $19,150 $31,900 $51,050 4 $21,250 $35,450 $56,700 5 $22,950 $38,300 $61,250 6 $24,650 $41,100 $65,750 7 $26,350 $43,950 $70,300 $ $28,050 $46,800 $74,850 *MFI = Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. These figures represent percentages of MFI for 8remerton — Silverdale Metropolitan Statistical Area (MSA) published by HUD March, 2009. 2011 CDBG/HOME FuNOiNG PROCess Vll EXHIBIT D CDBG/HOME APPLICATION INSTRUCTIONS Submittal for all projects must include: • One (1) Original and One (1) Copy of the entire application • Five (5) Application Packets consisting of the following: o Application Form o Responses to Narrative Questions o OR o Attachment E (Capital/Economic Development) NOTE: Public Service Applications not accepted for 2011 Please read the following instructions before completing the application: General Instructions — Please label all pages with the appropriate attachment number. If a particular attachment does not apply to your project, please insert a page with that attachment number and mark it "Not Applicable". Aaplication Form — Complete the application form, including signature of your organization's director. Narrative Questions — Answer all narrative questions. Please type your responses and begin each question with the corresponding question number. This section must be limited to four (4) single sided pages of Times New Roman 12 point type. Additional pages will not be considered. Attachment A — Organizational Capacity Attachment Instructions Form Provided? A-1 Organizational chart showing: No • All staff, board members, and volunteer positions � This must include all staff positions regarding the ro'ect for which ou are a I in . A-2 Organizational Data: No • Provide a copy of your 501(c)(3), public charter, or business license # A-3 Non-discrimination Policies: No • Provide a copy of your organization's non- discrimination policies to include employees, volunteers, and clients/tenants. A-4 Mission Statement: No • Please attach your organization's mission statement. A-5 Agency CDBG/HOME History Form: Yes • Please complete with your organization's previous and current awards from the City of Bremerton and/or Kitsa Coun . A-6 Insurance Certificate: No • Please attach a copy of your organization's insurance certificate showin eneral liabilit coverage for officers, board members, and volunteers. A-7 If your organization has any threatened or pending litigation, IRS No issues, or unresolved audit findings, please attach an explanation of these issues. A-8 Salary Summary Form: Yes • Please complete with salary information for your entire or anization. A-9 Annual Report: No • If this report exceeds 50 pages, please include one co of the full re ort and 1 co of the summa . A-10(a) Staff and Board Profile Form: Yes • Please complete this form for your staff and board. A-10(b) List of Board Members: No • Please provide the following information for each member of your board: Name, Address (city/town only), Associations, Dates of current senrice term, and # of terms served. o Associations — This information is intended to explain/illustrate why this person is qualified to serve on the board of your organization. You may include their profession, business, training, experience, etc. o Dates of current service term -how long will this person serve in his/her current term? For example - Board Members serve a 3 year term — 2008-2010 o# of terms served — how many terms has this person served on your board, including the current term? Attachment B— Organizational Financial Management P/ease note — Financial forms must be consistenf with one another and reflect information from the same fiscal ear. �Attachment_ .Instructions.;= � � � ' _ �`Form Prov,ided? :."�. , B-1 Most recent monthly financial statement including year-to-date No i information B-2 Most recent financial audit report prepared by a CPA, including No ' findings. ; If your audit exceeds 50 pages, please include one full copy • of the audit and 1 co of an executive summa B-3 A narrative statement of the agency's financial capacity and No � experience to include the following: • Operating Statements • Lending References • Record of Performance ' • Qualifications of the individual(s) responsible for � financial oversight , . Intemal Financial Controls ; • Accounting Procedures ; • Ca aci to car out ro'ect described in this i � i i i i appiication B-4 IRS 990 form for non- rofits No B-5 Secretary of State CHO-1 form (non-profits), also known as the No Charitable Solicitations Renewal Form. B-6 Secreta of State Non-Profit Cor orate Annual Re ort non- rofits No NOTE: Public Service Applications not accepted for 2011 :Attachment: ; Instructions�- �� ° � - Y? � � zForm`Provided?�,:��" C-1 Total Agency Budget Form — The budget must: Yes • Represent the entire organization that is requesting funding • Provide actual year-end revenue and expenses for 2009 (column 1) • Provide year-end estimates based on year-to-date revenue and expenses for 2010 (column 2) • Provide estimated revenue and expenses for 2011 (column 3) • Provide the variance between 2010 and 2011 budgets (variance between column 2& column 3) � C-2 2011 Agency Budget Form (Detail) - The budget must: Yes • Represent the entire organization that is requesting funding. The requested CDBG/HOME funding must be identified to a program/project in the budget. • Provide detail of each program within the organization. The revenue and expenses shown on this form for the program you request funds for should match the revenue and expenses shown on C-3 and C-4. More detailed instructions for C-1 & C-2 are avaitable u on re uest C-3 2011 Sources of Financing Form: Yes • Include total program/project costs when showing funding sources. • Total on this form must match the total the total for the program/project shown on Attachment C-2 and C-4 C-4 2011 Uses of Financing Form: Yes • Include total program/project costs by category. • Total must match the total on C-3. C-5 Commitment Letters from other funding sources for this project: No • Any funding source listed in the "Committed" or "Conditional" column of Attachment C-3 must have a letter provided here • Commitment letters are not letters of general support for your project, but rather letters committing to funding a specified dollar amount to the ro'ect. C-6 Program Goals and Outcome Data (Logic Model): Yes • Illustrate how this program/project will achieve its goals by describing the Resources, Activities and Outputs that will lead to Outcomes and Goal attainment. • A sam le lo ic model is attached as an exam le. C-7 Job Description(s): No • Provide job description(s) for any position in which ou are re uestin CDBG fundin C-8 National Objective and Eligibility Determination: Yes • Section A— CDBG funding must meet one of three National Objectives. Please indicate which National Objective this program/project will meet. If you checked Limited Clientele, please indicate how this is determined. Please see Part III of the Policy Plan to determine how to provide documentation for your choice. • Section B— Please select how the program/project is eli ible. Attachment E— Project Feasibility (Capital and Economic Development Projects) . Attacfiment ;Instructions�' _ � Y - -. �Form,Rrovided? `�� E-1 2011 Sources of Financing Form: Yes • Include total program/project costs when showing funding sources. • Total on this form must match the total the total for the ro ram/ ro'ect shown on Attachment E-2 E-2 2011 Uses of Financing Form: Yes • Include total program/project costs by category. • Total must match the total on E-1. E-3 Commitment Letters from other funding sources for this project: No • Any funding source listed in the "Committed" or "Conditional" column of Attachment E-1 must have a letter provided here • Commitment letters are not letters of general support for your project, but rather letters committing to funding a specified dollar amount to the ro'ect. E-4 Management Plan that describes the management and operation of No the facility proposed in this application, to include: • Who will manage the property? • Who is responsible for financial oversight of the facility? • Description of the security and emergency plan • Schedule of routine maintenance of the building and/or property systems For Rental Properties, in addition please include the following: • How will the property be marketed? • Is there a waiting list and how is it managed? • Are there special types of households that received special attention or are able to be advanced on the waitin list? � How is tenant eligibility determined and when/how is it recertified? • Are income limits specified for all units? Are the rent limits tied to HUD Fair Market Rent? • When and how are rents increased? E-5 National Objective and Eligibility Determination: Yes • Section A— CDBG funding must meet one of three National Objectives. Please indicate which National Objective this program/project will meet. If you checked Limited Clientele, please indicate how this is determined. Please see Part III of the Policy Plan to determine how to provide documentation for your choice. • Section B— Please select how the program/project is eli ible. E-6 Please complete the Preliminary Environmental Checklist, including Yes the Organization's Director signature. P/ease note: Upon submittal of this application, no further funds of any kind can be spent on the project until a HUD approved Environmenta/ Review is com /ete E-7 Please include one of the below as Documentation of Site Control: No � Deed of Trust showing ownership of this property • Current Options • Current Purchase and Sale Agreement � Executed lease agreement for the length of the commitment to serve low income households • Executed disposition or development agreement • Current Title Report showing the entity holding a fee simple title. Exceptions to this documentation are allowed for down-payment assistance, weatherization, and homeowner rehabilitation. E-8 Operating Pro-Forma — Please provide an operating expense No budget for the proposed facility. For an example, please contact Block Grant Staff E-9 Plans, Specs, and Schedules for the Project — For new construction No and rehabilitation projects, please provide: • Preliminary Plans and Specs • Project Schedule showing project milestones, specific tasks and completion dates • Recent cost estimates for the ro'ect E-10 Relocation Plan (if applicable) — No • Any project that is funded or partially funded with CDBG or HOME funds and causes permanent or temporary displacement of people or businesses must include a relocation plan and include relocation assistance payments in the budget. For more information, lease contact Block Grant Staff. E-11 Neighborhood Notification Plan (if appropriate) must include: No • Information on how you have provided notice to the surrounding neighborhood for your proposed project o Could include community meetings, mailings, or public hearings on the ro osed ro'ect.