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Home My WebLink About09/02/2015 AGENDA 'I--------- ----,1� �; . � i: y� I I 1�_ '_'-"- � ca�c G•v�, �;I�'?�`�1��,'C'c��Co��.i� CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 ***AMENDED*** SEPTEMBER 2, 2015 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. Swearing-In Ceremony for Pat Sullivan, District 1 Council Member— Municipal Court Judge James Docter B. Pledge of Allegiance C. Invocation 3. ELECTION OF COUNCIL OFFICER A. Vice President (To serve for the remainder of 2015) 4. FIRE DEPARTMENT— Municipal Court Judge James Docter; and Fire Chief A1 Duke A. Promotion of Lieutenant John Payne to Captain B. Promotion of Firefighter/EMT Alex Magallon to Lieutenant C. Promotion of Firefighter/EMT Ricardo Valdez to Lieutenant 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —August 19, 2015 C. Minutes of Study Session —August 26, 2015 D. Minutes of Special Meeting —August 31, 2015 E. Resolution No. 3251 to establish October 7, 2015 as a Public Hearing date to vacate a portion of 17th Street befinreen Lafayette Avenue and Corbet Drive F. Modification to the Professional Services Agreement with Fraser + Fogle Architects for the Burwell Pedestrian Tunnel Project G. Memorandum of Agreement with the United States Navy for the Burwell Pedestrian Tunnel Project 8. GENERAL BUSINESS A. Local Agency Participating Agreement with WSDOT for ADA Ramps on SR303 (Warren Avenue and Wheaton Way) B. Ordinance No. 5283 to amend Bremerton Municipal Code (BMC) Chapter 7.05 entitled "Prohibited Animals" C. Ordinance No. 5284 to amend Bremerton Municipal Code (BMC) Chapter 9.48 entitled "Fireworks" Continued on back... 9. PUBLIC HEARING A. Public Hearing and Resolution No. 3252 to adopt the 2016 CDBG/HOME Policy Plan 10. COUNCIL MEMBER REPORTS 11. EXECUTIVE SESSION A. 15-Minutes to discuss "Potential Litigation" under RCW 42.30.110(1)(i) 12. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING �Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. BIZEMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here,please be aware that per the Bremerton Citv Council Rules d� Procedures, discussion of ballot issues is prohihited after the issue has qualified for the ballot; anal all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE II�TCLUDED IN THE RECORD ✓ ��-)y✓ �'✓ d�✓ �R F/h �-a iv , �C�� S��! �P A s-�i✓ � �� u�� .� C LA- C- �J�L I l�.o�2.i �.c�.A 7 �v� � REQUESTS FOR INFORMATION MUST BE SUBMI'I'TED IN WRITING TO THE CLERK THANK YOU _ _T__.— .._ i:; -------- -ii� r � �.� �; I � 6�0u/��(�f�O�G (�� SUALIASU�UN �_' CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 � Phone (360) 473-5280 City of Bremerton Swearing In Ceremony Wednesdav, September 2, 2015 5:30 PM First Floor Meeting Chambers Norm Dicks Government Center Bremerton Municipal Court Judge James N. Docter will administer the Oath of Office for: Patricia Sullivan, Council Member, District 1 � All citizens are cordially invited and welcome to attend � OA'T'H OF OFFICE STATE OF �]VASHINGTON COUNTY OF KITSAP I, PATRICIA SULLIVAN, do solemnly swear that I am a Citizen of the United States and of the State of Washington; that I am legally qualified to assume the office of Bremerton Citp Council District 1; that I will support the Constitution and Laws of the United States and the State of Washington; and that I will faithfully and impartially perform the duties of this office to the best of my ability. � � � �� Patricia Sullivan Subscribed and sworn to before me this 2ND day of Se�tember, 2015. i� �� , �. _. Signatur �-Official Administering the Oath ,/ � Bremerton Municipal Court Jud�e Title of Official Administering the Oath SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT � NAME OF NOMINEE: �� d�n c.,�i� ❑ NAME OF NOMINEE: �,p�/;e I�. �o.s ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: . � PAT SULLIVA COU DISTRICT NO. 1 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT ❑ NAME OF NOMINEE: ��i�c `�ou r.�e �, � NAlVIE OF NOMINEE: ��s�►� �+u�.5 ❑ NAME O� NOMINEE: ❑ NAME OF NOMINEE: � LESLIE DAUGS COUNCIL DISTI2ICT NO. 2 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE—PRESIDENT NAME OF NOMINEE: 0 c��tJ�� ❑ NAME OF NOMINEE: �A � ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: Y MCDON LD COUNCIL DISTRICT NO. 3 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT � NAME OF NOMINEE: � �-- d C,� I4� � � r ❑ NAME OF NOMINEE: Q < <- �u �j ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: G WHEELER COUNCIL DISTRICT NO. 4 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT ❑ NAME OF NOMINEE: �'tc� �o��.�,�� NAME OF NOMINEE: L,��t,� -c�� v� ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: . DINO DAVIS COUNCIL DISTRICT NO. 5 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT � NAME OF NOMINEE: C-�'.�`� r6'v� �r� ❑ NAME OF NOMINEE: �e�` � � �� ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: ROY N COUNCIL DISTRICT NO. 6 SEPTEMBER 2, 2015 BALLOT FOR COUNCIL VICE-PRESIDENT I� NAME OF NOMINEE: �� o u n �� ❑ NAME OF NOMINEE: ,�es��e I��u5s ❑ NAME OF NOMINEE: ❑ NAME OF NOMINEE: � ERIC Y UN R COUNCIL DISTRICT NO. 7 ��.l �l�J��q ��l��I..�J�� g �� Ride Around Hood Canal ��-_� 0 G �- � D � �C� � � o C� � C� �� A Ride for Homelessness Awa reness i n Kitsa p Co u nty $10 rider/$5 passenger Vets Ride Free Proceeds go to Project Connect—A Kitsap County event for the homeless during the annua) nation wide Point-In-Time Count of Homeless People. Registration at Destination Harlev. Silverdale at 9 AM. End at Ever�reen Park. Bremerton (9/11 Memoriall at 4 PM. Free Tacos and Soda Information about homelessness in Kitsap County: Facts, figures, CJ�"�� goals, and resources *Featured Speaker: Mayor Patty lent, Bremerton* Donations of personal hv�iene items, sleepin� bags, tents, shoes, coats, etc.are gratefullv acceated ahead of rime at Destination Harlev, and at Evergreen Park durin�the event. �U� For Information contact Phil Hawkins at 360.620.7048,or Visit us on Facebook at Gimme SheRer:A Ride for Homelessness Aware�ess In IQtsap County • � ■■ ■■ :� /�► '�' �---.--.. �� ii■liiii ■■ ■■ ■■ � �sia.. ■ ` � ■■ ■■ ■■ �� i Also ATTENDING: �o �� H r H use , 0� .� Ha�ley & e o � � � ,_�:�:�_:�� w_ � � - ; �� -- � � ; . r..'f 1 :, ... C__._- ` ,l . Ride Around Hood Canal ,.. ,..�, ,�•.�, ,. r>�, ;;. I•:,;:.�,. , a '� ;:`•';.� _ _ i�: �( :•� . `�,H.,:'�� . •r_ '._k'_ '�t,,.�.•� .r�'` � � �,�r n` ��.;... ' '�yi i w�``!• - 1 ':* �ti ��f ''r:F � ' ` ' ' . a.� �� `�4 : ' . • ;t�. .,. ,;�F ; .;.�' �. �� ------ - • _ _ --- -_� _� L'_1 I .�'�J "•-��_ • `' . �` � ` S If � �' �� •/—'I _�.. ��1 1 ' 4 �. ' I '�`! . �./ I •."'"'.•'i` � � �' i��.=� ,� �r�%11 � ��/�.''='�!(yy��_;� ` ., {✓!' '' a�`� �.` 1, .,..1 �:' � � � � I �� r '.�. � �� ' " �s� ,.. ( �o �rl . ��.`��uL1��(� �L�i��ii'��'�� =�,� :,i, ,-- A Ride for ' ' -' �� i Homelessness Awareness ° � "� � � '�'•�.��j. ' ',/ in Kitsap County •- � , �:�, Saturday, ��= �-�' � I September 12, 2015 �`� - - For Information contact Phil Hawkins at 360.620.7048,or Visit us on Facebook at Gimme Shelter:A Ride for Homelessness Awareness In Kitsap County � . . � � � I . � If you are a Kitsap or Mason County resident you may dispose of your household � hazardous wastes at the Kitsap County Household Hazardous Waste (HHW) Collection Facility. This facility is open year-round and promotes proper management of hazardous waste.The Small Quantity Generator(SQG) business � � collection program is also housed at the HHW Collection Facility. AddIeSS: 5551 SW Imperial Way,Bremerton Hours of operatPon: RESIDENTIAL-10am-4pm Thur,Fn,Sat Call Kitsapi at 360-337-5777 if you have large amounts (more than 50 gallons).Large amounts without appointment are not accepted. BUSINESS-by appointment ONLY;call Kitsapl at 360-337-5777. Closed for holidays: Thanksgiving weekend(Thur,Fri and Sat) Christmas Day through New Year'S Dey(annual maintenance) 4th of July � � . • Phone: 360-337-5777 Operated by: Kitsap County Public Works Servlces avaJlable Household hazardous waste disposal . . . � • � (no fee): Servlces avallable Business hazardous waste disposal (fee charged): � No medical waste exce t shar s),no ex losives,no � � • RestrPctlons: � P P P ammunition,no radioactive waste,no regular household garbage,no leakmg or empty containers,no televisions or computer monitors,no large amounts without appointment. . � � � � � . � . � . � f . . � . Are you a Bremerton resident or landlord? E-G�rcle Washington provides responsible recycling of � computers, monitors and Tvs �r, oUr state. Recycling �s If so, you may participate in the Sept. 19th Beautify Bremerton provided free of charge to households, small businesses, schoo�districts,small governments and charities at authorized day. Free disposal of yard waste for City of Bremerton E'CYCLE collection sites.Visit the E-Cycle Washington website for details washin9ton residents and landlords. Residents must provide proof of ecyclearashington�ore (ecyclewashington.org). residency. Bremerton landlords must provide a copy of their 2good2toss.com is Washington's online ��1� ToSS.G�M exchange for reusable building materials and Landlord Business License.The City reserves the right to reject household items.Visit 2good2toss.com to learn noW yoU can�o�r,tne 2good2toss r,etWork. any loads. For more information, please call 360-473-5266. Please note, only yard waste will be accepted this year. � BEAUTIFY BREMERTON � �� -}� � � ---- - ---- � � , �. � ;��- < < ��•� -'� �,. ,f �.-,�. �-�.�= -- � g��.,i � �.� i � f. . y ` ��_ J �,8� -_ ` a � �i - • • � ' : 1 1 . • 1 1 • �� 1'� � �!, - ,�'�,� '�' .� - • � , ,* � fff�� f� ��'��\ � " ^'�� ,�+ � .� - ``'. i . , , � �` - - • • • - � � - ' ' � � �'�'`;� _- 1 1 c��►1s{ � ��" -- _ ��v - , �'-= ` - ' - - - � - � � • - • • � � • � - /l(� � �;� ) ! - � � ''.� �� , •,;� • � • ' � • i ' i - � r ' ir: L ....+f,i7d ai . C� �` l. � ti1 fl' IA� � �� — — - _-_ - " ��, I ' ' • � • ' • � 1 � i 1 , ' • I • I • I ' I • • • I ' ' - • - • • • - • •• • • - • • � ' � - • -- : - - • - • • : - • • • • • ' - • -• . • • • • - • � • • • • : i' � � ;' ' ,�� n=- ,...� � � � _ � . �Q= / � � , �, -� v,� �, - r , � �. . , L d - � ' . , �" :.� i . : � , _ t ..�-,� �` � .� � � ` . � � -- -- ----"—�.C-st3ltl'`:'�� -- Sw�:�.i Vls:la- i N4 i ,i � � '1 - � �� .� -� n �,� + ` ` � � ~�Y�. 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T 3'' =,� �. . �I .�: �� _;� � - - - .�-�, � =�:..r; _ :�: ��- � � � - � J I ,:; "' '� .: - :s -'- , -� �.. ��'=?.�,�'s�, — ^� - . . . - _ i I� _. --_ �.�� :T—�. , . - _ .a �`_# �"'� '. - !,- — '� � , ,� � � ��`� �. � _ � �, . � . � =r � , � � - � s ` _ ' . . � � V = She�idan-i�;,d; �� - Sh.eri�d�a�n�-R�d- _ -� _ � --� �' . _ ._ � ^�� - . . - , - � � �a;, - � �a� � t , '�,..' ��,� _ -, � ;�� ` 're�; ' � _ � i. �/�t��s �f�� /�t��a�s � � KAVA Kitsap Area Veterans Alliance ,� Kitsap Area - - � � Veterans Alliance Kitsap County � - Veterans Program S1�'1'j11i�1)1�I', :Sl:l�'1'l��'Ilil:li, �(i, �()1 i, 1() t��'I—� l��'I , � -�` -._...I Kitsap County Fairg'ro'�unds' Pavilion � 1200 Fairgrounds Road NW Bremerton, WA -��,,,;_�, �:�: � Shuttle;'seniice from Salvation Army, south & north Kifsap � -' i r�:-.-- . - . � -• - — �'; _ - ,_=� - � ,;��'�� -��-^-- =-- :OPEN'�,TO ALL VETERANS ,r�,;''I,��J��r-'�J.__—:. -- ;'i , � J,f .=-.-- � And immediate dependent family members � +-. ,,, ::�. �;r+* � ;�;.:;�� .,��Y:�r�� Please bring ID (Military retired ID, VA card or DD214) � � .� � �r ,. ,�i',� '� � ,��. ��,., ,�.:' .� ir• ��I��—'_-�'� i �I;�'F.rr� rt;:. �I�J�i�,�J��`TA7 A7�J��I�JIIA7• 1l'' I�:. l� � hot meal &�.`refreshments � � accessing VA benefits & services � Vet Center Mobile Unit � 1=� housing assistance � legal servic,es � female veteran services � DSHS OSE & enrollment � � em lo ment referrals & assistance -�',education/trainin resources � p Y : - r .:, 9 � dental screening�'�� h�aircuts � � vision screening � emergency sti�elter'�& other social services � counseling & substance abuse �referrals � food�items � cold weather clothing � person'al�car.e items � surplus `gear � ;';��'� � � MORE � � ��- �� _-- .;'F()l� �l()ltl: InTTUl�nit�'1'IU�T: - ' Stacey James; 360-337'�4811; sjames@co.kitsap:wa.,us-�;� htfp://www.kitsapgov_comlhslveteransNA.htm 'j � r--� r� :) ti.rn' �r-- - � � 1 ,�`` ��Partnering; Organizations �� - �� _ 1' r � • _ � �r —_: r,--; _ '� �r' � _ — 1 : _ �, � � ' " •s� .— r�.7 — ,i '�f, � � ——' �~ i' � PucEr � � � � rS;i�Gverrcllu,�ll� r . J .t,,,� { c L , � SOUND� �KITSAP � �� i Kit�a ��un � ENERGY.:�-�_ CREDIT•UNION �'�* ,� - � � p'_ � � � r.voi.�.�..air,e��i..��s,.e�, 'L ,�'� ` �� --_ �. . . _..._. �I`- • y`" '�i. _) J _�"-. r�•r - � � ��- r.r .._ �:� _� � t � 'i f.zi. I . . I•. .. . � . � 4 � �'��i� �l�4��,��t�� ; .�'�� '�� - �� , .,.�Cz °F. � � a� ! t ; r ��;�,E � a,A, t- �. '�� ' �+� `{��'.� � ��'�� j � _ � ' �� , �, t.. ��',�' '�'� � ' - ;t� � � ,��E '`.., �)ri� . �...� tr.. `L�� ?�. 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F.�,�,f��.-.•� . j _ \ 'lf•�-�-,�, ai 4�. � .}.' ,.»:i� . . \ :�.e.. �. -� k ;�� r�� . �: • " �� c� �(,,�,��y ��i �e d Y F^ c;�" �. r ' � '.\ � "�,�'�� -y.i-� Y � r C. - '. � 4 1' 'N, �1'�r�R , .l `�r • }�.y� .y�� ` �� t Ck.��` F��.�Y.�,y�� y�� _ �.;��._ �;�,� Y - ,..� -��N�, •�.��. '� " — . 'a�� '�;� a, j , t"'� , '• y�� i�-� a � �� 1.} .e., '�•(,�--' '1, �_ � � � i��y� 9• '.ri '�. {-1'�Y-��. _ 7 2j ��H�� ) �i. y' . � y ��"• 1l. �;� _ , ��.1►"-� i✓1',� . 1 ..'j, � . �.. � � �� ,,. �� ' . �"r� �/; ,- r��r � i A�\;r�,h+}' v�.�� 1 �. a � ,� �� '� ,�P.`i� �. - � � %� �� 1 �V.. . '��i� R�� T � -�.�s�� " � �� x, F�,��. 1 '�, ��, ^ _ . � r °P� xr�� "`� :�7� . J I �'�� ,'',�� '�s.� �- r'„�:�a. � �' r' -� ^i f .� , tii �y�1'� �."1, �,�� "�r,, • � a� i_ i..;I-- t�1 Pe ? ` a� . ,:�i tK zv.+� �j�A �i.1 z��"�'�t � jt�,y,-��".!/ !� •� ��"� ( '1�, � ,, r��'�.�; }:��'��l��r �1� ea �� . �i�F/� � '� �,.i� I � '�. `'��„�.�,a.. rt ,t'_. ` � ;+ °�"� ",i l� i ��'`� � t. .��., a� 4� o t� � ( +_� 0� , �. ,* 4-�• ' } ��' :i .� �� I�I I I ' ° , ��I ff� r .,�.' p ! ..~ rI I I{��'+ �`� �� I, �� .. �'.1f iar� �.li il� �� i ' /i. .` �� ii Short History of 13ird Watching - Gene Bullock John James Audubon not have imagined the digital used by millions of birders to collected birds the old-fashioned revolution or the technological collect and share their data and way. With a shotgun. But his advances in birding optics and maintain personal checklists. It's 1827 publication of Birds of photography since then. Birders also a rich source of data on the America, with 435 life-sized can now head into the field global distribution of birds. watercolors of North American with smartphone apps that put Mega-pixel cameras with birds, based on his collected entire field guides and libraries digital zooms are becoming so specimens, set a new standard for of recorded bird songs in the afFordable, wildlife photography bird illustrating. palm of their hand. And Internet is now within everyone's reach. In 1896, outraged by the web programs like E-Bird and And smartphone cameras make annual slaughter of --� � it easy to instantly share ,:-:y ��. millions of birds to supply photographs of the bird feathers for women's ' . while you watch it. hats, Harriet Hemenway ` � � '�'� ` What's happened � �.. _� `t:� and Mina Hall formed the ' '"' ` ;. �,. to Roger's classic Massachusetts Audubon ° i `` �.,; P -�' field guide? The Society to protect birds � `'` � • � ` � � choices today can be and their nesting areas. ` . ��: �� overwhelming, and most By 1898, Audubon i�`+ are so good, you almost Societies had formed in 16 � ' , can't go wrong. other states. In 1905, they ,' ' �� '' What's next? merged to become the � Binoculars that can National Audubon Society. ` � �� .' J - - photograph a bird ',. .� But it was Roger and tell you what it is? Tory Peterson who turned bird smartphone cameras allow them Researchers have already teamed watching into a national pastime to instantly record and share up with the Cornell Laboratory with his introcluction of illustrated their sightings on the Internet, of Ornithology to develop a field guides in 1934. His detailed including photographs. program called Merlin Bird ID that artwork, based on a composite E-Bird (ebird.org) was allows the computer to identify of specimens, showed how to introduced in 2002 by the Cornell a bird from its photo. Smart use distinguishing field marks to Laboratory of Ornithology and binoculars may be next. readily identify birds by sight. National Audubon Society. It's a But in 1934 even Roger could real-tim a online checklist program K�AS Joins Illayor in Nonoring liremerton Gitizens Group Kitsap Audubon took part in that nest beneath the Warren trashed and vandalized the park. a special ceremony, along with Avenue Bridge. The sign also . She organized a campaign that Bremerton Mayor Patty Lent, memorializes Ivan Summers, who spurred extensive restoration by to honor neighborhood group championed this unusual wildlife the Bremerton Parks Department. efForts to restore Lower Rota viewing location and persuaded Kitsap Audubon's sign Vista Park in Bremerton. KAS to fund installation of steps had been defaced, so Kathy In 2009, Kitsap Audubon and a hand railing to make the contacted Gene Bullock, who , placed an interpretive sign in park more accessible. designed the sign, and asked if this park to explain its special Kathy Medeiros and other Kitsap Audubon would be willing importance to Kitsap Audubon. residents of the adjoining to replace the damaged graphics. The park ofFers an exceptional Park Avenue Condominiums The KAS Board was happy to vantage point to view the unique were angry that their park was provide new graphics and help colony of Pelagic Cormorants becoming a gathering place promote the neighborhood and pair of Peregrine Falcons for drug users and others who campaign. , • . � :�:' - ;;. • , � � � " � � � �= ��"� .. :$ . �" , .4�� i � Aa�ional Alcohol an�l ��u9 Reco��y � � , �lonEh �r��n�i � ; � � roic�� o� R�co�� th rov h A�t ' y 9 � Cholk 1�� E� «fiion �ir�n#- _ . . -; P , � , - - � �=�� _. . . _ , sept��n��r �'. Qo ' s � , ` , . �.. _ . �'�f�f�f� �O�afy �Of� 9:30-am�.Eo`3:OO�m . �� _ j �. . . - . .. . . - � , _ --- , , _ . . �� l�1 �r� wel�ome_ � , . Come celeb�oE� r�core� w��h._.. a�� ouun ��-, _ � . ._ 9 y _ , - . � _ . , . �. add�Eion o� whaE fecorc�y m�ani to �ou: � , . I ' 1!c P�arided � Cha ; ---- _ <<�� i ' °�C )1' I Washrngton Stafe h�tSnP MCO�Nry I `�n�Cn��-0� i��;k%Ij�� Department of Social � I � � ; �� ,•��'y`'''""""�"•�- ' U &Health Services 9g� S7 s��°'+�-� � , ��•r i.�-:�.w_�u;�„- 3 pewootl9�C�B+� i � (ffi[�40�.1 Behavioral Health and I __ ' � Service Integration Administration Y�ASHINGS�N i � L— — -- -- -- -� - .. _.. __ - MEMBERS OF THE ARTS COMMISSION • EMILY RUSSLE-CHAIR • BLAIR SCHUELZ-VICE CHAIR • DEBORAH WOOLSTON • JOAINE PEARSON-REYNOLDS • SHERIDAN MOSHER • JAQUELYNN SPEARS • ANGELGA PERRYMAN FIRST AWARD T0: AMY BURNETT FOR" SALMON WOMAN" GUIDING SALMON SPONSORED BY THE CITY OF BREMERTON'S ARTS COMMISSION 6T" AND WASHINGTON STREET • This beautiful art of a woman helping salmon to their spawning waters is accompanied by an ancient myth written by Amy. o Salmon Woman was born of stars and seasons and knows all directions under the heavens and spends her days in search of Salmon trying to return to their homes. • Appropriately placed because of the downtown location and views of the water the Arts Commission felt that this art would be an extension of the downtown themes. (award the prize..take pictures) SECOND AWARD TO: JOSHUA FISHER FOR "Pulchraphilia" -BEAUTIFUL PLACES SPONSORED BY S THE CITY OF BREMERTON'S ARTS COMMISSION AND THE WESTSOUND ARTS COUNCIL 11T" AND HIGH • This bright and whimsical art is intended to inspire passer- bys to look at the world a little differently and bring a - smile to their face. • Inspired by the geography of Bremerton, surrounded by water and mountains, the artwork is a portrayal of a whimsical and creative town full of inviting places and wonderful spaces. • It is located next to schools, colleges and residential neighborhoods. (award the prize..take pict�ures� YOU CAN READ MORE ABOUT THE ARTISTS AND THEIR ART ON THE CITY'S WEBISTE COMING SOON. THE AC NOW HAS AN OPEN CALL FOR FUTHURE BOXES. FOR A COPY OF THE CALL TO ARTIST VISIT THE CITIES WEBSITE OR TAKE ONE AS YOU LEAVE FROM THE SIGN IN TABLE. SECOND AWARD TO: JOSHUA FISHER FOR "Pulchraphilia" -BEAUTIFUL PLACES SPONSORED BY 5 THE CITY OF BREMERTON'S ARTS COMMISSION AND THE WESTSOUND ARTS COUNCIL 11T" AND HIGH • This bright and whimsical art is intended to inspire passer- bys to look at the world a little differently and bring a smile to their face. • Inspired by the geography of Bremerton, surrounded by water and mountains, the artwork is a portrayal of a whimsical and creative town full of inviting places and wonderful spaces. • It is located next to schools, colleges and residential neighborhoods. � (award the prize..take pictures) YOU CAN READ MORE ABOUT THE ARTISTS AND THEIR ART ON THE CITY'S WEBISTE COMING SOON. THE AC NOW HAS AN OPEN CALL FOR FUTHURE BOXES. FOR A COPY OF THE CALL TO ARTIST VISIT THE CITIES WEBSITE OR TAKE ONE AS YOU LEAVE FROM THE SIGN IN TABLE. MEMBERS OF THE ARTS COMMISSION • EMILY RUSSLE-CHAIR • BLAIR SCHUELZ-VICE CHAIR • DEBORAH WOOLSTON • JOAINE PEARSON-REYNOLDS • SHERIDAN MOSHER • JAQUELYNN SPEARS • ANGELGA PERRYMAN FIRST AWARD TO: AMY BURNETT FOR" SALMON WOMAN" GUIDING SALMON SPONSORED BY THE CITY OF BREMERTON'S ARTS COMMISSION 6T" AND WASHINGTON STREET • This beautiful art of a woman helping salmon to their spawning waters is accompanied by an ancient myth � written by Amy. • Salmon Woman was born of stars and seasons and knows all directions under the heavens and spends her days in search of Salmon trying to return to their homes. • Appropriately placed because of the downtown location and views of the water the Arts Commission felt that this art would be an extension of the downtown themes. (award the prizea.take pictures) � �_; ;�': - -- , : /)-• _ r �� -- =;� .J'l '.�� /r �' � � i'+,�! 1 � . � v 1 � ,� � �� . - - - ; - _ •,. :a�, �,� ;;� : ., _ . � _ � � - .:� .::.. ., _ .,. o . . _ � a � �- � , � � . _ �, � ; �-T x .�.� - ��L. � �� ;� rz„Zy; �. �� ,y :}' � l� '•� � - � '. •� . • I • � i • 1 1 ' 1 . 1 ' .'\ �.�"\}��+'"' `��•v,�,�`+.. ��,t '�. � ,;; � .� rr �l a�F''�'a* . T;:,�,�'�='�`_ 1 •,� ly � ��1,'� ti�' � , ��'-:' p'�j�3ii�,�yy� '!�I Qi�:�' ��'�- , � �`r' '��a��'T,,,�r+��+ �� d�:!' � �, � ' , ��"' .Z c) �� .� ..;' ��; 1 A+ � �.�► � ;:��=-��-� �.�� r�� =�� ;��,�� .��;�l�,.��:��u- - ,,s�. ;�� Ge� �> xr �' ' �;/1� '� � :.. �: �`�' ►1 `V/1v� '�f. +�.Z'�� '�t .� s ,; _ ,� ( ♦ � �� 1 I . �' \�, '� �.1 1 i � �•1�� j� / �-�.' ��7 t'. +{�� y�Z-� Y�� •t�, � �1 '� . �� f1'' � /�l � 1 � N.. � � `�i� �? t'��,� 'W`�� ► �p }y��i." }y� ��►p• �� y�► ' �� +f ��ti-�• �r� w � ' �S ��J��ti��. �-'' �l'� -.��,�_�� I� '!1�@ .�^4111�Itt,�`0 �'',�Fy ��/f.Y � 1 �� `� �'�. � ��. ' �; �,1r y p ti �1� � +� •id�C ;�"��l:/f'� � �y �? �,,,t � � �y) ��,�'g'� •�~CJ�y� ��l�,a��r� � �:::..��'. �` � �;...,�� n... i c r.T��;,� .�:�•� ,�.�t.� , _ •�.�i,ti` � ��;��'t'+ �°�irg.. �� i-o 1�'-"` ,�.!� � �n=`��'� �;�°�14. �:'�ff,y�l��w`�` * T.• � � �1 ,1 ; �M��ix. �ti �� x r "`?1 �s�•,��• i . � ' � L 1 aY .� .1 �i ��c;�'�'�.I� G'••tJ.r�v• V'`��1 L, .�.' �. � , `.. ,':� ,� ",+�:�i4a �`�aC�a�a�� ::t �� `' .`� `�'' � `�� , � �p ��. '� r�� '�� R� �r :; ''\` ,� �"'� '=' W. 1,k , �q u � �:��;"� �� •',��\ �+�..� �a,_ � �t• L �1'+ �(�'� ? �,�;t4,�"R'�wy.��j, � '�' �jp�1, 1 �?' �:i/ �� .��. j, _}.��.�r.�.:1 rt �l�v','tli.,�ll��. �'i �'�' • � � � � � � � � � � � � .-----._..__..___i '�� ;� � � I�-----�---j �; FOR IMMEDIATE RELEASE CALL FOR ARTISTS, GROUPS OF ARTISTS,STUDENTS,ORGANIZATIONS,NEIGHBORHOODS UTILITY BOX WRAPS "" BREMERTON,WASHINGTON Background The City of Bremerton, Public Works Department is updating and replacing utility boxes in Bremerton. The Bremerton Arts Commission has been asked to help select the art for the new utility boYes located throughout Bremerton. The City's Arts Commission wishes to]ocate public art in places that will have the greatest opportunity for public interaction and to reach citizens that may not otherwise experience the arts. The Commission believes that the utility box project presents a unique opportunity to achieve this goal. Proposal The City of Bremerton's Arts Commission is selecting art to wrap on utility boYes. As new boxes are replaced art will be added to them for beauty and to protect the boxes from vandalism. A digital image of the selected art work will be printed on a special material and wrapped around the box. Words, sayings and logos can be added. The selected artist(s)will receive an award (stipend)of$500 and recognition on the box and promotional materials. Deadline OPEN How to Aqply � Via Postal Mail, submit the following materials: • Digital images of your work. May be submitted in High Resolution JPEG or High Resolution TIFF • Written Location for art • i.e. Street or the box b the � _ Y • A printed artist statement or statement about your group or organization. • A printed statement of your vision for the art wrap and location. • An artist resume(optional) • A printed copy of proof of residency for extra points (PO Boxes are not acceptable proo fl. • References or support letters(optional). Written materials are collated by staff into binders for later review. Do not send your own binder or folder of any kind, and do not paperclip or staple any pages together of your application. Title each page of your application with name, address,phone number and email and place all of your material in a 9x12 envelope or folded once in a 6 Y 9 envelope. Mail submission to: City of Bremerton Arts Commission Attn: Cynthia Engelgau �remerton Parks and Recreation 680 Lebo Blvd XX Bremerton, WA 98337 For additional information contact Cynthia Engelgau at (360) 473-5425 Eatern �1Tashigtor� Wildfir� Relief Supply Gathering Event Thursday Septerriber 3rd, 2�15 r___'____'._..—_--_-_'.__. ..__,_._.._ ___'_—_—_—_ _____-____-,.—.:--___'"'--'-.'_:'':__ �`. _.._ —__._:_:__-__-.:� -.-._......__._._—. ._. 7_ . .. i� � ' , 7( .:1 � 1 •< -��•t4.�r � ,'I �1 ,� F� �� +' '4� ��ti��' � r r'�' i I `��.� r }. k.� j' �Jrr .�d;'�' ;; �, �: .� - .- � � j . ;�t.w, �r . � � � . .�'�~•,ti / i 4�•• •'•� � y� •�� -'• i•��,� ��P t `-G.. ;�� ^� —• � i�� .,, � , �' !; i i ',".,�' � • i ,. ,` T�y • ` � _ , �' r`. -e � �.`.. ;!' �.. °: Y�- :� ,a -r S. n• _ , _ q�� .; _ ,� I. i� � `. . �� '� - .t�+�l _ � x-r• ip, � , f 'a ��. .i l �r-�,, `4 �� '�•�✓�-'. r��..' �--t . � �� •1'�l• �� , ' : . `�-�y� �' �._�fn � '�.R �`,�"'„��1�� . _• . .. ...�� +�',�.''t:�i��!'_' - �;_'•�T�+"wt/r � .- . �.;`� . t �:' ! _ r`!�; � Y�.�+I�+:�l��L'`Tts�,,S�,'!! � � _ ~;. �� r �J' . ,J1.i }'�t. _ Z."R-!' `^��w J .��. �'.tS{ �'`�` S•ti:'-- J�� .�!��" *�. 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AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: September 2, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 364924 through 365132 and EFT's 15232 through 15274 in the amount of $2,504,349.77. 2) Regular Payroll for the pay period ending August 15, 2015 in the amount of$722,220.42. 3) Retiree Payroll for the pay period ending August 31, 2015 in the amount of$51,875.12. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A August 19, 2015 COUNCIL MEETING Date: September 2, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on August 19, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 19, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, August 19, 2015, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. The Council 1 District seat was vacant. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A Cou►vCi�BR�EF�►vG was 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 Leslie Dauas followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. POLICE OATH OF OFFICE CEREMONY— Municipal Court Judge James Docter... • Administered the Oath of Office Ceremony for Police Officer Joshua Stottlemver. POLICE DEPARTMENT— Police Chief Steven Strachan... • Provided a monthly update on Police Department operations; • Introduced Tom Danaher, Bremerton Citizen Auxiliary Patrol, who reported on community patrols that began in July; and • Was joined by Fire Chief AI Duke who shared information from the ongoing investigation into the Motel 6 Fire that happened last night. MAYOR'S REPORT— Mayor Patty Lent... • Proclaimed the Month of September 2015 as "Recovery Month"; and the proclamation was accepted by Deanne Montqomerv, Bremerton Substance Abuse Coalition; • Introduced Cvnthia Enqelqau, Parks Department, who reported on the "Fun at the Playground" Summer Program; and recognized youth volunteers who participated in the "Playground Mural Project"; • Reminded the community that the last Music in Manette Concert of this summer will be on in I Rock th Dock Concerts will be on Saturda Au ust 22 Thursda Au ust 20 and the f a e , 9 Y� 9 Y and 29; • Looked forward to the many activities in the upcoming 26th Annual Blackberry Festival during Labor Day Weekend; • Announced that the Gift Garden at 327 Pacific Avenue has official Seattle Seahawk items and gifts; • Brought forward Jeff Elevado, Parks Department, who made a brief presentation on ballfield programs and current conditions at Pendergast Regional Park; • Invited Tom Knuckev, City Engineer, to discuss the Washington Avenue Community Boulevard Project and the next series of closures and traffic revisions; . • Encouraged residents to participate in the "Beautify Bremerton" City wide Clean-Up on September 19 from 8:00 AM to 2:00 PM at Legion Field; • Hoped volunteers would consider serving on the BKAT Citizens Advisory Committee; and • Reported on the Astronomer's Conference being held in Bremerton this week. City Council Reg. Mtg. Minutes Wednesday, August 19, 2015 Page 2 of 5 PUBLIC RECOGNITION John Hanson, Bremerton Historic Ships Association President, provided an update on marketing efforts which included the Seattle Premiere Attractions brochure. Julia Ernest recently moved to Bremerton and provided positive comments on this "diamond in the rough". CONSENT AGENDA 7A— Claims & Check Register: Check Numbers 364720 through 364923, and EFT-15193 through EFT-15231 in the amount of$2,171,439.29; and Regular Payroll for the pay period ending July 31, 2015 in the amount of $738,751.87. 76— Minutes of Meeting —August 5, 2015 7C — Minutes of Study Session —August 12, 2015 7D— Salary Increase for the Municipal Court Judge for 2015 and 2016 7E — Memorandum of Agreement By and Between North Kitsap Fire & Rescue (as the Lead Agency), City of Bremerton Fire Department, Central Kitsap Fire & Rescue, Poulsbo Fire Department,and Bainbridge Island Fire Department for an Assistance to Firefighters Grant 7F — Purchase of a Cascade Mixed Flow Pump from Triangle Pump & Equipment, Inc. forthe Biofilter Process at the Wastewater Treatment Plant 7G — Public Works Agreement with Fields Roof Service, Inc. for Roof Replacement of City- Owned Building at 1720 Warren Avenue 7H — Public Works Agreement with Sabelhaus West, Inc. for Exterior Painting of the Naval Museum 7I— Local Agency Professional Services Lump Sum Consultant Agreement with Skillings Connolly, Inc. for Bremerton Crosswalk Improvements 06:33:12 M/S/C/U (Daugs/Younger) Move to approve the CoNSENT A�Etv�a, as presented. GENERAL BUSINESS 8A—CONTRACT WITH KING COUNTY DIRECTIONS ASSOCIATION (KCDA) PURCHASING COOPERATIVE TO FACILITATE PENDERGAST FIELD #2 SPORTS FIELD DRAINAGE IMPROVEMENTS WITH GREENSHIELD SYSTEMS LLC: Jeff Elevado, Parks and Recreation Department, summarized that in 2013 and 2014 the City installed sub-surface drainage improvements at Pendergast Regional Park Fields #1 and #3 respectively. The improvements greatly reduced ponding in the outfield, increased safety for softball players and decreased the amount of staff time needed to prepare these fields for league and tournament games following rainy weather. The attached contract with King County Directors Association (KCDA) will facilitate the construction of a similar sub-surface drain system on Pendergast Field #2 completing the drainage improvements for the complex. KCDA is a non-profit purchasing co- op used by municipalities and school districts to obtain volume pricing for goods and services. Bremerton is a member of KCDA. Greenshield Systems LLC will pertorm the work under the contract. The tasks include installation of perforated pipe in sand filled trenches, tie in to a drain that carries water away from the ball field playing surface and restoration work for the disturbed area. Work is anticipated to begin September 1 so that the project will be completed before school leagues begin. City Council Reg. Mtg. Minutes Wednesday, August 19, 2015 Page 3 of 5 There were no comments from the public... 06:34:42 Motion was made by Daugs, and seconded by Davis ... Questions were asked by Daugs; with responses provided by Mr. Elevado. 06:36:57 M/S/C/U (Daugs/Davis) Move to approve a contract with KCDA for the Pendergast Regional Park Ball Field #2 drainage improvements and authorize the Mayor to finalize and execute the agreement with substantially the same terms as presented. gR 1 A/`A1 A/'_`CAI!`V DAGTI�`IDATIAI�`_ A/'`_�CCNACAIT 1A/ITN \A/CI'1�1T C/1C AI'1A CAIIADC /1A1 IVTTr� �TrT��lTTr7�0�VT^OTCTcvTTr�7'ii�TTo VTf QD4A4 /1A/ADDCAI AVCAII IC AAII'1\A/LICAT�IAI IA/AV1 Item Pulled... 8C — ORDINANCE NO. 5282 TO AMEND CHAPTER 15.06 OF THE BREMERTON MUNICIPAL CODE (BMC) AND ORDINANCE NO. 5265 RELATING TO ASSESSMENTS, RATES, FEES, AND CHARGES FOR WATER, WASTEWATER. AND STORMWATER SERVICES: Milenka Hawkins-Bates explained that the Financial Consulting Solutions Group (FCS) was retained by the City to perform a general facilities charge (GFC) update for water, wastewater and stormwater utilities, in conjunction with the review of the City's miscellaneous fee schedule. The proposed ordinance incorporates amendments to Bremerton Municipal Code Chapter 15.06 and ordinance 5265. Exhibits A and B outlines assessments, rates, fees, and charges for water, wastewater and stormwater services recommended by FCS as determined by the study. Ms. Hawkins-Bates also provided a PowerPoint Presentation outlining the process used to develop the proposed changes in rates and fees. Cathv Johnson, Financial Services Director and Wavne Hamilton, Utility Operations Manager, were also available to answer questions. Comments from the public were provided by Teresa Osinski, Executive Vice-President of the Kitsap County Home Builders Association; and Joe Keller, Public Works Engineering Division. 06:50:17 Main Motion was made by Davis, and seconded by Younger...Comments were provided by Davis, Runyon, Daugs, Younger, McDonald, and Wheeler; and Questions were asked by Runyon with responses provided by Mr. Lubovich, Mr. Keller, and Ms. Osinski...Questions were asked by Younger with responses provided by Ms. Hawkins-Bates, Ms. Johnson, and Mike Eliason, Kitsap�County Association of Realtors...Questions were asked by Davis with responses provided by Ms. Johnson...Questions were asked by Mr. McDonald with responses provided by Ms. Johnson... 06:50:17 MAIN — M/S/D (Davis/Younger) Move to pass Ordinance No. 5282 amending Chapter 15.06 of the Bremerton Municipal Code and Ordinance No. 5265 relating to assessments, rates, fees and charges for water, wastewater and stormwater services. 07:44:10 REFER— M/S/C/U (Runyon/Daugs) Move to refer the item to the next Study Session. PUBLIC HEARINGS 9A— PUBLIC HEARING TO ADOPT RESOLUTION NO. 3250 DESIGNATING A BLIGHT ZONE DOWNTOWN: Sarah Achioui, Community Development Block Grant (CDBG) Program Administrator, stated that the proposed resolution would renew the Blight Designation for the Downtown target area. The Blight designated area is shown in Exhibit A of the proposed resolution. This target area has been identified to receive a set percentage of CDBG allocation can be used to abate blight conditions. City Council Reg. Mtg. Minutes Wednesday, August 19, 2015 Page 4 of 5 President Wheeler opened the public hearing...With no comments received, the hearing was closed to the public, and opened for discussion to the City Council... 07:52:57 Motion was made by Younger, and seconded by McDonald ...Comments were made by Daugs, Davis, Runyon, and McDonald. 07:57:50 M/S/C (Younger/McDonald) Move to approve Resolution No. 3250 designating Blighted area in the Downtown core as shown on the map in Exhibit A. Voted in Favor of Motion: Runyon, Younger, McDonald, Davis, and Wheeler Voted Opposed to Motion: Daugs Motion carried: 5-Yes; 1-No COUNCIL MEMBER REPORTS Rov Runvon commended the Hotel 6 Manager for doing the right thing by evacuating guests quickly to prevent a tragedy and thanked first responders. Dino Davis also thanked the Hotel 6 Manager and first responders; and encouraged people to have an emergency preparedness kit and plan. Jerrv McDonald agreed with comments from Mr. Davis about being prepared; announced that the final Rock the Dock Summer Concerts beginning at 5:00 PM on Saturday, August 22 on the Boardwalk featuring "Chance McKinney" and on Saturday, August 29 featuring the "Kim Archer Band"; a final opportunity to attend an "Astronomy Talk" will be on Thursday, August 20 from 7:00 to 8:30 PM at the SEEFiIm Cinema; "Passages" will be providing the last Music in Manette performance of the summer on Thursday, August 20 at 6:30 PM at the Whitey Domstad Vista Park; and a Ribbon Cutting Ceremony for Wobbly Hopps Brewery located on 4th Street will be on Saturday, September 5 at 11:00 AM. Leslie Dauas reminded the community that school will be starting soon and that the Back to School Fair & Fun Run will be held on Wednesday, August 26 from 5:00 to 8:00 PM at Mountain View Middle School; shared that the Habitat for Humanity will be holding its Annual "Raise the Roof' Dinner and Silent Auction on Saturday, September 19 at 7:00 PM at the Kitsap Conference Center; and also thanked the first responders for all they did and offered prayers to those who are recovering from injuries, and thanked the Red Cross for offering their services to those in need. Greq Wheeler encouraged volunteers to participate in the monthly Friends of Kiwanis Park Work Party to be held on Saturday, August 22 from 9:00 to 11:00 AM. President Wheeler announced that we have lost our colleague Mike Sullivan and unfortunately the Council must fill that vacancy. Applications are being accepted until noon on Friday, August 28 to fill the vacant District 1 Council seat. Interested applicants are encouraged to visit the City Website or contact the Council Office for more information. Interviews are tentatively scheduled for August 31 at 5:00 PM with the term of office beginning on September 2. Mike Sullivan will be missed. With no further business, President Wheeler adjourned the Council Meeting at 8:09 PM. City Council Reg. Mtg. Minutes Wednesday, August 19, 2015 Page 5 of 5 Prepared and Submitted by: . ,� CH ISTINE GR NIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A August 26, 2015 COUNCIL MEETING Date: September 2, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on August 26, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 26, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NoRM DicKs GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, August 26, 2015, at 5:06 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, and Jerry McDonald. Council Member Leslie Daugs was absent and the District 1 Council seat was vacant. Christine Grenier, Council Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the September 2, 2015 Council Meeting Agenda; or as indicated. A. INFORMATION BRIEFINGS 1. Audit Report Status Update— Gary Nystul, Internal Auditor Information Only B. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 2. Resolution to establish October 7, 2015 as a Public Hearing date to vacate a portion of 17th Street between Lafayette Avenue and Corbet Drive Consent Agenda 3. Local Agency Participating Agreement with WSDOT for ADA Ramps on SR 303(Warren Avenue and Wheaton Way) General Business 4. Modification to the Professional Services Agreement with Fraser + Fogle Architects for the Burwell Pedestrian Tunnel Project Consent Agenda 5. Memorandum of Agreement with the US Navy for the Burwell Pedestrian Tunnel Project Consent Agenda C. BRIEFINGS AND FULL PRESENTATIONS 6. Proposed Public Hearing and Resolution to adopt the 2016 CDBG/HOME Policy Plan Public Hearing 7. Ordinance to amend Bremerton Municipal Code (BMC) Chapter 7.05 entitled "Prohibited Animals" Genera/Business 8. Ordinance to amend Bremerton Municipal Code (BMC) Chapter 9.48 entitled "Fireworks" General Business D. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (8/20/15 Meeting) — Roy Runyon o Other General Council Business was briefly discussed; and Fire Chief AI Duke provided an update on the Motel 6 Fire Investigation. With no further business, President Wheeler adjourned the Council Study Session at 6:47 PM. City Council Study Session Minutes Wednesday, August 26, 2015 Page 2 of 2 Prepared and Submitted by: i� CHRISTINE RENIER Council Assistant Attest: � SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Special Meeting - Study Session Date: N/A August 31, 2015 COUNCIL MEETING Date: September 2, 2015 Department: City Council Presenter: Council President Phone: �360) 473-5280 SUMMARY: Attached is a summary of the City Council Special Meeting on August 31, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation O Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES Monday, August 31, 2015 A Special Meeting of the City Council of the City of Bremerton was called to order in the First Floor Me2tIC1g Cha�71b@�S IOCat2d IC1 th2 NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Monday, August 31, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. The District 1 Council seat was vacant. Also present were Amanda Harvey, Assistant City Attorney; and Council Assistant Christine Grenier. President Wheeler emphasized that the Special Meeting was open to the public but there would be no opportunities for input or participation; that a majority vote would be required to appoint a Council Member for an anticipated term of office that would begin September 2, 2015 and end upon the certification of the next scheduled Municipal Election in 2017. It was also announced that Tony Stephens withdrew his application for the District 1 seat. 1. The following applicants for the District 1 Appointment were interviewed; and in the same order that their applications were received: • Cynthia Triplett Galloway • Patricia Sullivan 2. Council recessed for an 80-Minute Executive Session from 6:25 to 7:45 PM to "Evaluate the Qualifications of Applicants" per RCW 42.30.110(1)(h). President Wheeler announced that Council would take action immediately following the Executive Session. 3. Vote to Confirm Appointment of District 1 Council Member By unanimous vote, Patricia Sullivan was appointed to the position of Council Member for District 1 in the City of Bremerton, Washington with a term ending upon the certification of the next scheduled Municipal Election in 2017. President Wheeler announced that Ms. Sullivan will be sworn-in and seated during the September 2, 2015 Council Meeting. With no further business, the City Council Special Meeting was adjourned at 7:48 PM. Prepared and Submitted by: . � CHRISTINE ENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3251 Study Session Date: August 26, 2015 to establish October 7, 2015 as a COUNCIL MEETING Date: September 2, 2015 hearing date to vacate a portion of Department: PW8�U 17th Street between Lafayette Ave and Presenter: Tom Knuckey Corbet Drive Phone: 473-2376 SUMMARY: The property owner of Parcel No. 3759-000-013-0002 has petitioned the city to have the south 10-feet of 17th street adjacent to his parcel vacated. The proposed vacation will allow the property owner to construct a house on his property in-iine with his adjacent neighbors. No street improvements have been proposed in the area proposed for vacation; however, sufficient right of way would remain following the vacation for a standard residential street. ATTACHMENTS: 1. Resolution No. 3251; 2. Engineering Staff Report; 3. Exhibit Drawing FISCAL IMPACTS (Include Budgeted Amount): None. ROW is Class III (City has ROW Easement, and ROW is not improved.) STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3251 to establish October 7, 2015 as a hearing date to vacate a portion of 17th Street for the adjacent property owner. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3251 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of the right of way for 17`h Street between Lafayette Avenue and Corbet Drive. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on October 7, 2015, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation and dedication. SECTION 2. Severubilitv. 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. SECTION3. 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk Vacation of Portion of 17`h Street—Resolution STREET VACATION FOR A PORTION OF 17th STREET WEST OF LAFAYETTE AVENUE ENGINEERING STAFF REPORT CITY COUiVCIL HEARING DATE: October 7, 2015 PREPARED BY: JK SUMMARY A. Applicant: Micah Zech 531 E. Eckert Road Grapeview, WA 98546 Location: 3011 17th Street west of Lafayette Avenue BACKGROUND The adjacent property owner has petitioned the City to have the south 10 feet of the street vacated. The paved roadway is 20 feet wide and is not anticipated in the future to be widened. The right of way was dedicated by the Plat of C JACK JONES Addition in 1941. As the right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street N/A • R-O-W Width 60 feet N/A • R-O-W Areas N/A N/A • Pavement Width 20 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. July 13`h 2015 Portion of 17th Street Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. No easements are required for the public or private utilities. SUFFICIENCY OF SIGNATURES . The applicant is the sole adjacent property owner. COMPENSATION No compensation is owing as Class III right of way. July 13`h 2015 Portion of 17th Street Vacation Page 2 of 3 STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. ---- -------- - �- �• , �.. A �� ,,,, �� — � � <� •_ : •;;� .�' - �r, �r _ _ . 1�1 �" , L ' _• , " �" ` •, ,� ' ^d�lf��vr. :Y- 4 �.>, ' �a�•�' , �,. �n ��.,� `�=�r-J-:�,:�' ..'� h. . e:J '�"' ��L,11 �=,�:.i-�i:". • ki��' �'n'h�y��.�. � �� • , ,'t!' 'v-t� .'S. .. . �� `, •�y�A/�l-�._ ' `' .• ' ��• .� _ � ',r � _'. . y'y•� , , � ^' .. •.,,�i_.;(.^ .� �•. �., ��. .a'�tl.:� .. . ,•v � ~ .. . ,..,; y . .�G� • ,' •�.�� .- ';.F'.��. -ti FR x`�" ' .Ir: . .. � . ' ��,�. '� . t� f ... g ;.;�,,. ��r`� .i ��• . 's °Y. '!�;' t I,.,�i+,fl ��'4� , .;. � . ` }�`�.. �;;N4'�r .\tf:: ..:! •:�' .. .� '`; � ' . , � �. ' , i •�� / �.,f� !�.'e��,�M:;"�,� �f �� '��. ��t,t . . �1� ��j� -v:.+�f�� _ _.l'.W f'.�-I'�_A�—��:i� �= . . . Looking westerly from Lafayette Avenue. South side of 17th Street July 13�h 2015 Portion of 17th Street Vacation Page 3 of 3 - ---..__.. �. _ .... -- - �— ! � , . -- , . , - ----- - -- �, :a-- , i ,� �,�,�,� ` �. F �R� :� � _4 � ' , ,a '. �T, � , o . r i , ` o ha =„ � � � . � � � f � .� - • �� ,�; � '_ . � 'i l�' � , � � �.._* � . � . ,'� � �� , � � E�• �` � F�_*�� S �� - •'� 'F ._?� 2 � Rr,tl�, ��M�'' � � � ,� • . �R MA " . .k . ' " -,. � 1•.__ ('. . ��s`,! � •`r f iF I .�S�� ' ' dr'r . � ', 1i � 'r�� ' �r►. _ —� , .. r •i•• '• 'E."' . �., � ^ � � 10 R�.O�W. . �� ION� .W � : ;h STR E ET � � ; '? �:�' •' � ~ - ;r . � • r> -_ - � � . , � a ;� ;. l� T� .' • ' . I � � R .� _ •y� � �� I )i, ` 4 1 � � � '^ '� �� " F � - v��7�. i.� . � 1.-_:.; ,f,� } � _:y�� ^,r (,� , � �.�� . � � �� v �� y� :� �-: � '� � , 4 � �<; •� "r1:�:�'' ,, �... � , .� `. _: ,Y�, . �� y,�" � � , r` � � '� ". �J'� �` ' , . , w- • a I � r �s� `^' � `. .�r`� � � _ I � � f`,. 3� �.�'�'� i .i � �� ; # �� s � � �;�ti 4; �'�c►. � , '�'� • • t:" ' '• a; . r�' * .� t �. ��,. .« �`v` �I i�■ r � ! • ' - � _ �, I � . ` � . 't"�;; `�� '�'t, � � . •i. rL< t 'r' . �' � + ''�-.1 . ,_ . - . . , . �+ �.. . . �.. r•�_ o . • " K 9 � • r . _._-__'__ ._..� : EXHIBIT FOR COUNCIL "17TH STREET STREET VACATION" AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Modify Professional Services Study Session Date: August 26, 2015 Agreement with Fraser + Fogle for Burwell COUNCIL MEETING Date: September 2, 2015 Tunnel Project Department: PW& U Presenter: Knuckey Phone: 473-2376 SUMMARY: On November 5, 2014, the City awarded a contract with Fraser + Fogle Architects for $222,243 to design and perform construction management for the Burwell Pedestrian Tunnel Project. In March the City received a single bid for the project which exceeded available funds and was rejected. The consultant was directed to revise the bid documents to allow for a second bid of the project. The results of the second bid were similar to the first when only two bids were received which were again rejected since they both exceeded available funds. The City and Navy have revised the project approach in that the Navy will now contract for construction using Federal Funds, and the City will procure materials and equipment to the Navy to be incorporated into the construction. In addition, Fraser+ Fogle will develop all bid documents both for the equipment & material procurement as well as the bid documents for use by the Navy in constructing the improvements. The proposed Contract Modification addresses work delivered to date, and provides scope and budget for the proposed procurement documents to be contracted by the City, and construction documents to be contracted by the Navy. ATTACHMENTS: 1) Council Summary 2) Contract Modification with attachments FISCAL IMPACTS (Include Budgeted Amount): The Commerce grant provides reimbursement of all project costs with no match required. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business O Public Hearing RECOMMENDED MOTION: Move to approve the Contract Modification with Fraser+ Fogle Architects to increase the contract to $295,840 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 Form Updated 01/07/15 MODIFY PROFESSIONAL SERVICES AGREEMENT WITH FRASER+FOGLE ARCHITECTS FOR THE BURWELL PEDESTRIAN TUNNEL REPAIR COUNCIL SUMMARY � Background Navy Archive records from 1912 show plans for the Burwell Pedestrian Tunnel. The tunnel was constructed in support of World War 1 housing programs(construction of the Craven Center), and has provided safe access between the City and the shipyard for approximately 100-years. The tunnel facility includes a stairwell descending from street level just west of the intersection of Park Avenue and Burwell Street, a 90-ft long concrete tunnel crossing under Burwell Street, and the south entrance to the Controlled Industrial Area (CIA) of the shipyard. In July, 2013,the State of Washington awarded a$1.3M grant to the City to reconstruct the Burwell Pedestrian Tunnel—the work scope includes reconfiguring the north portal and providing renovations to the Tunnel itself. In 2014,the City began coordination with the Navy to deliver the tunnel project;the selected contracting method was for the City to execute the tunnel construction contract and manage the project through completion. Contract Modification Summary On November 5, 2014 the City executed a Professional Services Agreement with the Navy's designer of record (Fraser+ Fogle Architects)to modify the Navy's bid package for the City to bid the work. In March the project was advertised and a single bid was received which exceeded available budget. Revisions were made to the project scope and the bid documents to reduce project cost. These revisions were substantial and included elimination of all work in the South Portal area,elimination of the contractor-supplied Quality Assurance/Inspector, revisions for the Navy to supply and install the security turnstiles, and various revisions to the specifications to bring them more in-line with standard City specifications with the goal to reduce the total project cost. The project was then re-advertised in June with significant efforts being made to engage contractors to bid the project; however,only two bids were received which again exceeded available budget. Given the difficulties in obtaining an awardable bid, the City and Navy have elected to revise the contracting method to allow the Navy to contract for the construction using Navy standard processes and federal funds. In order to maintain the partnership on this project,the City's work scope has been revised so that the City will purchase materials and equipment using the State Grant funds, and deliver them to the Navy for the Navy to provide to their contractor to be integrated into the improvements. In addition, using the State Grant funds,the City will develop the bid documents for the Navy's use in contracting for construction of the entire project. This modification to the contract with Fraser+ Fogle addresses the re-bid cost, de-scopes construction management, restores the management reserve, and provides scope and budget to develop the procurement packages for materials and equipment to be delivered by the City to the Navy, along with developing the contract documents to allow a third bid by the Navy for the overall construction of the tunnel improvements. Fiscal Summary The grant amount is$1,300,000; however, 3%($39,000) is with-held by Commerce for administration, therefore total funds available are$1,261,000. The grant reimburses project costs at 100%; no matching funds are required. As the City will not own the improvements,the work will not be capitalized; therefore both the project costs and grant revenue will be incurred in the Engineering General Fund budget. Project costs reimbursable under the grant are as follows: Consultant Equipment Street Lights on Total Projected Design and Material Warren at 4`h&5th Expense Procurement 2014 $9,815 - - $9,815 (Actual) 2015& $286,025 $200,000 $50,000 $536,025 2016 Total $295,840(1) $200,000 $50,000 $545,840 Notes: 1 Consultant expenses:$79,256(first design for City bid),$52,470(second design for City bid), $164,114(material procurement design for City bid,and development of final design for Navy bid). 2 The gift letter to the Navy identifies the gift value at$700,000 to ensure the gift provided does not exceed the gift identified in the MOA. The current value of the gift is approximately$365,000 and is comprised of the final design plus the equipment and material procurement. s ~';' _- _.^ 5�1� _ .- � �1�r ' _ � ti 1� . 1 �� _ �- � �? •r • � • � 1,,,,��;� -....... �:'�+�.�.w �' � �1�1 1� ��1�wwe�` ' .., � � �1 ry 1 1 1 1 1� i ,,,, '� I; �� ,t i I w,r� — ��,.� - 1�'t��1�� I iil,ll" 1�1 t 1 1 1�� µy? iI �f�1� �I � �� ! .. ..._......_.__..—_. _ Pedestrian Tunnel Access, Existing Access I ---�------____-.---_:_.. -�._. �- _-___ ._. -. .... �...� , ...____-----_ -�. .- - : . . _ ___ .. - . �_ .._. - . - - �� ____ � � -�---.._____ _ .. . ..... ,.. , j _ � , . . ,F�— . . ._ ��F � _ ..... # ;: q J.;�: �� - .-�� t ,r ' ',�i .i�- "° ! .. .. -�=i� ..}`S� ''�,' . � � � �� _ � - . ��::• I I ' _ . ,„��_. _.`�_ - Pedestrian Tunnel Access, 100% Concept Drawing— Final Configuration will be Similar � ,� � - - -- ----.__ -- - - ' ..- - � � � � I �;, _' . '"`'��`. ..�_._..—-__ _ _ - Y_ _- _� _ , ,. Pedestrian Tunnel Access, Existing Access �'#� d. I . ' + y ... ,��'___ '_ ''.��' -.. �'- .- I .-. .. • � i - ,4 , . . [.. �'_:"--_ - - s �..... ��.`' ., I ._. Q ��_—_-_ y- .`-� +`4+t'��K"';.��,..;, I ; . �---__.�- ..a,..�� .,�:.�,.. f� � r—'_l� ` - �y, r.r�...,,�. . /+� u �K�.. .r-i'� �'�.(' ^� i'y�, �1 �� M1!""`a' �,�d� k{� I.� � � ) ,f.i � �"' .4 .! .a� . i ' � ._ :i` ?�y~ � L: ..�. ��` ^ i:6�'.. _ �� x��1.�.:'S •!-.r. � •—�,y: i•� t: � ;r'p'�',,"� ♦��•:c:'� • 'f: r p''�•�_?{�. r � � � � � � � � _\� !.�� . .'�' '{ :.�I �� , !' _.�._ :I' � ^ ',?,��; �� `�,�� ::'�;� ;:.=+_ i ° � y 5�:,' - _;�, F I ..�� _ ..._ � _ • :y��''"' __ _ ,__,._� . . 'l_�...u'�...:c�• • - _ . . .- - ^`'_ -- Pedestrian Tunnel Access, 100% Concept Drawing — Final Configuration will be Similar CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND FRASER+ FOGLE ARCHITECTS PROJECT Burwell Pedestrian Tunnel CONSULTANT Fraser+Fogle Architects DATE August 17, 2015 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement AGREEMENT (the "Contract") entered into between the City of Bremerton and Fraser + Fo�le Architects on 12/9/2014. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Add Phase 3 tasks as outlined in the attached Exhibit A, and further defined in the Package Definitions and Equipment List. Section II.Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by 6/31/2017 Section III. Compensation , is modified as follows, per attached Exhibit C The original contract amount was Two Hundred and Twentv Two. Two Hundred and Fortv- Three Dollars ($222,243.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Seventv-Three Thousand, Five Hundred Ninetv-Seven Dollars($73,597.00) for a total amended contract amount of Two Hundred Ninetv-Five Thousand. Ei�ht Hundred and Fortv Dollars ($295,840.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this CONTRACT MODIFICATION 1 Project Number: Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any,in the contract price specified for each item,including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer/Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON Fraser+Fogle Architects By By Patty Lent Its Its Mavor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Brad Fo�le Chal Martin, P.E. 701 N 36`h Street Director of Public Works &Utilities Suite 330 100 Oyster Bay Avenue North Seattle, WA 98103 Bremerton, WA 98312 R:\LEGAL\C'ontracts\FORMS\Contract Mod�lication(2003).doc CONTRACT MODIFICATION 2 Project Number; AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approve Memorandum of Study Session Date: August 26, 2015 Agreement for the Burwell Pedestrian COUNCIL MEETING Date: September 2, 2015 Tunnel Improvements Project Department: PW & U Presenter: Knuckey Phone: 473-2376 SUMMARY: The Burwell Tunnel provides pedestrian access under Burwell Street between the Navy's controlled industrial area and the Navy owned property at the intersection of Park Avenue and Burwell Street. The project will improve safety and security, while simultaneously improving the overall aesthetic look and feel of the secure access visible from City streets and businesses. The attached Memorandum of Agreement outlines the roles and responsibilities of the City and the Navy in completing work on this project. ATTACHMENTS: 1) Council Summary; 2) Memorandum of Agreement FISCAL IMPACTS (Include Budgeted Amount): The Commerce grant provides reimbursement of all project costs with no match required. Project costs will be expended from the Engineering General Fund budget. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of Agreement with the US Navy for the Burwell Pedestrian Tunnel Improvements Project 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 Form Updated 01/07/15 MEMORANDUM OF AGREEMENT FOR THE BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT COUNCIL SUMMARY Background Navy Archive records from 1912 show plans for the Burwell Pedestrian Tunnel. The tunnel was constructed in support of World War 1 housing programs(construction of the Craven Center), and has provided safe access between the City and the shipyard for approximately 100-years. The tunnel facility includes a stairwell descending from street level just west of the intersection of Park Avenue and Burwell Street, a 90-ft long concrete tunnel crossing under Burwell Street, and the south entrance to the Controlled Industrial Area (CIA)of the shipyard. In July, 2013,the State of Washington awarded a $1.3M grant to the City to reconstruct the Burwell Pedestrian Tunnel—the work scope includes reconfiguring the north portal and providing renovations to the Tunnel itself. In 2014, the City began coordination with the Navy to deliver the tunnel project;the selected contracting method was for the City to execute the tunnel construction contract and manage the project through completion. On November 5, 2014 the City executed a Professional Services Agreement with the Navy's designer of record (Fraser+ Fogle Architects)to modify the Navy's bid package for the City to bid the work. In March the project was advertised and a single bid was received which exceeded available budget. Revisions were made to the project scope and the bid documents to reduce project cost. These revisions were substantial and included elimination of all work in the South Portal area, elimination of the contractor-supplied Quality Assurance/Inspector, revisions for the Navy to supply and install the security turnstiles, and various revisions to the specifications to bring them more in-line with standard City specifications with the goal to reduce the total project cost. The project was then re-advertised in June with significant efforts being made to engage contractors to bid the project; however, only two bids were received which again exceeded available budget. Given the difficulties in obtaining an awardable bid,the City and Navy have elected to revise the contracting method to allow the Navy to contract for the construction using Navy standard processes and federal funds. In order to maintain the partnership on this project,the City's work scope has been revised so that the City will purchase materials and equipment using the State Grant funds, and deliver them to the Navy for the Navy to provide to their contractor to be integrated into the improvements. In addition, using the State Grant funds,the City will develop the bid documents for the Navy's use in contracting for construction of the entire project. This Memorandum of Agreement with the US Navy outlines the roles of the City and Navy in delivering the tunnel improvements. Fiscal Summary The grant amount is$1,300,000; however, 3% ($39,000) is with-held by Commerce for administration, therefore total funds available are$1,261,000. The grant reimburses project costs at 100%; no matching funds are required. As the City will not own the improvements,the work will not be capitalized; therefore both the project costs and grant revenue will be incurred in the Engineering General Fund budget. Project costs reimbursable under the grant are as follows: Consultant Equipment Street Lights on Total Projected Design and Material Warren at 4`h&5`h Expense Procurement 2014 $9,815 - - $9,815 (Actual) 2015& $286,025 $200,000 $50,000 $536,025 2016 Total $295,840(1) $200,000 $50,000 $545,840 Notes: 1 Consultant expenses:$79,256(first design for City bid),$52,470(second design for City bid), $164,114(material procurement design for City bid,and development of final design for Navy bid). 2 The gift letter to the Navy identifies the gift value at$700,000 to ensure the gift provided does not exceed the gift identified in the MOA. The current value of the gift is approximately$365,000 and is comprised of the final design plus the equipment and material procurement. .. �R -- ! ~' ''.' _ _ .�� •_ - � - ,. {� .._ �,. �� . . *� ' � �. � `,, � 1�� ' 1 `'�-�. . � ' Y � I� �•��_ _ _ • � � -.., . � � • �-w..- � � • ' • " 111��• I � i ��' �� +`:� 1 `1 1� 1 t 1 ',1� . i� _.�.R.,. WIII' �'1 11'\� - 1"1'1�1�\`� " � � 1 �191 �.��,;p, , . ,* I�1`' '�'�' i .�4 .•- ,.i' � ,� . � . � - �. -- _.. �-------� -------— - Pedestrian Tunnel Access, Existing Access � _ I ; `J : - , -------�--_......_.._,.... , � _ --- -- ..._ . - , _.. . . _._.-.. � .� - :��•�� i.�- 3 - . . �_ � ' __ ... - � , .. .__. �� - �� -. .-. __ . .._- i t: ::�;�: ;.... , _.. � s, ,�i�'� _ :,:C:�;;:,•.;"...' ; � . _ • � ,. , ; .. ..... ;. A • . � .. �� • �;,q` �y: �� . . , . : ._ 1- � ;� . _ i �-�` ----.�_ - ° i � - - ____. , Pedestrian Tunnel Access, 100% Concept Drawing — Final Configuration will be Similar , , ,',� + - - --- - - _ '_ ,h ,� I � � ,.,rvr� �r, _- �� -�_ , . ��..�.� _- ..-... ' Pedestrian Tunnel Access, Existing Access ��. I �' . � __ ; -�-.__'__ - -- ... , .;,. -- .._ � - - _�-- __ � _ - -• - - - _.. '.. ,. . , ... . .:_. . : - . . : . . _. ; ._ . .� ; - - --_ - .,. . _ ,_ . .... �_ --_`-- =__ ` -_----�- ��,-: � �� .. I ��;"'_�:�.�� -�---- . � � :'r' ,: '��'i: 1 _ �..,.�J I .o. ��_'�i� , � '��}��_ r---�=� ' I � r •�,.a ,�".� • f 1--- ;!; .�� ,* `• I.T—�'�:�•�3� ...�,';> S :.�.� �'"� ..�� !� =w. �. '��`f.: ,- f� ...: • � �t� . "1..+......:, . .4': f i`r. _ 'r:� .a 1 •.J } _ . �e� �•: �-.. �.• - �:. ' _ _ ti '! ;1+� ) ,:{ �� !j' •}� ;e:V �- �; .� t,� � ' � !.` �. r-� .: ,�;' :�, �;i, � (; � � ;��a��:I . T*� „� • '1. �. C � �.Y: � �� s� - .�.... -- +K -- S_ �; ... _... _.� ., _ �.� '�_ ::-��`� N µ --- ' - � � -r:�:_:. . _ ��- -_ �—.._ __ Pedestrian Tunnel Access, 100% Concept Drawing - Final Configuration will be Similar DEPARTMENT OF THE NAVY Commander, Navy Region Northwest 1100 Hunley Road Silverdale,WA 98315-1100 CITY OF BREMERTON 345 6th Street Suite 600 Bremerton,WA 98337 COMNAVREG NW 4000 Ser N80/ MEMORANDUM OF AGREEMENT BETWEEN COMMANDER,NAVY REGION NORTHWEST AND THE CITY OF BREMERTON Subj: BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT Preamble Whereas the City of Bremerton (City) has secured funding through the Washington State Department of Commerce Direct Grant Program for Capital Improvements (Grant) for improvement of the Burwell Tunnel and whereas the Navy Region Northwest(Navy) and the City wish to work cooperatively to repair the Burwell Tunnel, the parties agree to the following: Roles and Responsibilities The City shall: 1) Supersede its letter of April 10, 2014 (Attachment A)addressed to Commanding Officer,Naval Base Kitsap extending an offer of real property improvements to the ` Burwell Pedestrian Access Gate with the City's revised offer to give the Navy equipment and materials to be incorporated into the repair of the Burwell Tunnel (Attachment B); 2) purchase the needed equipment and materials, and provide Engineering support; and 3) work closely with the Navy for delivery of the equipment, materials and an Engineering Support Package. The Navy(though Naval Base Kitsap Public Works) shall: 1) Obtain the proper Department of Navy approval for the gift of equipment, materials and an Engineering Support Package (valued at approximately$700,000) from the City; 2) upon acceptance of that gift, accept delivery of the needed equipment, materials and the Engineering Support Package from the City; 3) to the extent that"just in time delivery" is not possible, work closely with the City to accept delivery of the equipment and materials from the City; 4) to the extent required, store and protect the equipment and materials provided by the City; and SUBJ: BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT 5) make all the necessary repairs to the Burwell tunnel incorporating the equipment, materials and the Engineering Support Package provided by the City. Other Provisions a. The purchase of the equipment and materials, and the Engineering Support Package provided by the City, and all other associated actions by the City, will be accomplished in accordance with laws, regulations and rules applicable to the City. b. The repair of the tunnel by the Navy, and all other associated actions by the Navy, will be accomplished in accordance with laws, regulations and rules applicable to the Navy. c. The License N425514RP00060 dated 10/2/2014 issued to the City by the Navy, granting access to Navy property is terminated as it is no longer required by the parties. d. Nothing in this agreement will be construed as obligating either party to violate existing laws or regulations. e. All obligations of the parties are subject to available resources. f. Nothing in this agreement creates, limits, or modifies existing legislative jurisdiction vested in the State of Washington or the U.S. Government. g. Nothing in this agreement creates or extends any right,privilege, or benefit to any person or entity. h. This agreement may be modified by mutual agreement of the parties. i. Either party may terminate this agreement by providing 120 days advance written notice the other party. Termination by either party shall not provide a basis for any claim by the other party. Points of Contact City of Bremerton: City Engineer, (360) 473-5270 Naval Base Kitsap: Assistant Public Works Officer, (360) 476-4498 Effective Date This agreement is effective upon the affixation of all signatures. PATTY LENT Date ROGER LUBOVICH Date Mayor City Attorney City of Bremerton City of Bremerton A. P. VERHOFSTADT, P. E. Date T.A. ZWOLFER, CAPT,USN Date Executive Director Commanding Officer Navy Region Northwest Naval Base Kitsap 2 .. .... . . ....... _._.... .... _.... _ . ... . .. , . ; ; _�...�_- --._._..__._._�_.�.�.__.__._..____ � ----�--....................__............w..--- ._...--�--_.__....__......._._._....�..----, , �;._..__...-.--.....---- --:.- .._.. _ _ _., . -- -..... ...... ...._ -::.�-.._. t.. � �;�.. .-:� ; � I��,��i� � ±� ! �'. . � I ; r ' � ; j- j � .s ; , ,. � ;, , %: r . 1 ;I ��j�� I �} � ' �. � �. � , ��_ : � ' — --- ' �� •� � '`-=-- - �=---_-� �s' • ,j � • • � � • •�• I: k i ; . , i _ ��:�.._,., ...qy..............ae_---.,.---.._...___... � -- -�---..._.._............. ' Moyo. Pafty lent --..._.�.__,_.- . moyorQei.bremmton.wo.o� i � .� :: � 345 6�Streef.Sut1e 600 j &e 98337-18 3 ; April 10,2014 i � CAPT Tom Zwolfer � Commanding Officer iNaval Base Kitsap ! � CAPT Zwolfer, i ; I understand this project is subject to Secretary of the Navy-level approval since the City of Bremerton intends to prove a"gif�'of improvements for Navy-owned real property.White both of our Public Works teams continue to discuss the details required for actual project execution, it occurred to me that i have never provided you an oificfal'offering of my intent to donate the necessary time, money,and effort required to successfully complete this work. I would like to provide the following information in hopes that ' it will help you through this approval process. ; From mid-2012 through mid-2013, members of my staff participated in I�avy-led design development meefings to provide input for the North portion of the Navy Base Kitsap Burwell Pedestrian Access Gate as it sits just outside of the NBK fence line and tends to blend into the surrounding city scape. Although � my team understood that the Navy's original Intent was to eventually award this project using federal tunding sometime in the distant future,we taok it upon ourselves,completely unsolicited by any employee � of NBK or the Navy,to seek out other proJect funding sources at the state level to permit more near term execution. In July 2013 the City of Bremerton was selected by the State of Washington Department of ' Commerce as one of the fund recipients under the Direct Grant for Capital Projects Program.The project ' was listed under this grant as the"City of Bremerton Puget Sound Naval Safety Project"with an allocated amount of$1.3M which is the approximate Fair market value for this work and the total value of the proposed Gift. On behalf of the City of Bremerton,I would like to extend to Naval Base Kitsap an offer of real property improvements to the Burwell Pedestrian Access Gate and Tunnel using the grant funds mentioned above. I would also like to emphasize that the City is making tliis gift of�er without any conditions for receipt of . this giR by the Department of the Navy. My point of coritact for this effort is my City Engineer, Mr.Thomas�Knuckey. He can be reached by phone at(360)473-2376 and via email at thomas.knuckev[d�ci.bremerton.wa.us. I look forward to the Secretary of the Navy's approval for thls project to complete the continuing revitalization of Bremerton. Sincerely, � � Patty May , ity of Bremerton ' I r 'r ��_� . • � J I v� I - � � `` • t.� � • t n��. Patty Lent August 20, 2015 T.A.Zwotfer Captain, U.S. Navy Commanding O�cer Navai Base Kitsap 120 South Oewey Street Bremerton WA 98314-5020 SUBJECT: Revision to Gift Offer for the Burwell Pedestrian Access Gate and Tunnel Dear Captain Zwolfer, Over the past year, members of both our staffs have worked together to design the safety and security improvements to the Burwell Pedestrian Gate and Tunnel as outlined in my April 10,2014 tetter. From my perspective,this effort has been rewarding as it has strengthened our partnership; however,as you are aware we advertised the praject far construction two times and were not able to award a contract due to high bid prices. To address this issue, my staff has come up with an alternate approach to execute the necessary improvements within the available State grant funding constraints. This approach differs significantly from the one outlined in my previous letter and therefore t am submitting this revised gift offer letter for your consideration and acceptance, With this alternate approach,the City will purchase materiais and equipment,and an Engineering Support Package for use by the Navy to complete the construction. The value of the materials,equipment and Engineering support is approximately$740,000 and will be pravided using the Sfate grant funds. The City will deliver the materials and equipment to the Navy to be incorporated into a Navy-funded and Navy- awarded canstruction cantract to perform the necessary improvements. This innovati�e approach continues our partnership and constructs all of the necessary tunne!improvements as intended and envisioned. On behaEf of the City af Bremerton, I wauld like to extend to Naval Base Kitsap an offer of materials, equipment and Engineering support as ouflined above using State of Washington Gcant funds to facilitate the improvements to the Burwell Pedestrian Gate and Tunnel. I would like to reiterate that the city is making this gift offer without any conditioRs for receipt of this gift by the Department of the Navy. My point of contact for this effort continues to be my City Engineer, Mr. Tom Knuckey. He can be reached by phone at(360)473-2376, and via email at thomas.knuckey�ci.bremerton.wa.us. I would like to commend the members of both our staffs for developing this innovative project approach, and I look forward to the Secretary af the Navy's approvai for this project to continue the revitalization of Bremerton. Sincerely, � Patty L Mayor AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reimbursement Agreement with Study Session Date: August 12 & 26, 2015 WSDOT for ADA Ramps on SR303 (Warren COUNCIL MEETING Date: September 2, 2015 Avenue and Wheaton Way) Department: PW&U Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: WSDOT plans to construct a pavement overlay of State Route 303 (Warren Avenue and Wheaton Way) through the City of Bremerton in 2017. For compliance with a joint FHWA and Department of Justice Technical Assistance Bulletin, WSDOT will be upgrading several curb ramps along this corridor beginning this fall, and completing the work in 2016. On July 6th, WSDOT provided the City with site plans indicating they would install or replace approximately 40% of the non-compliant or non-existing curb ramps along the corridor. Staff have negotiated with WSDOT for a 50:50 cost split to construct curb ramps at the remaining locations. The requested action is approval of a Local Agency Participating Agreement with WSDOT to design and construct curb ramps along the SR303 corridor. ATTACHMENTS: 1) Local Agency Participating Agreement 2) Schematic 3) PowerPoint Presentation FISCAL IMPACTS (Include Budgeted Amount): The agreement will state that design and construction costs will be split 50:50 between the City and the State, and identifies the City's cost at approximately $100,000. Given WSDOT intends to advertise the project on October 12th, 2015 costs will be Design only, with the City's share estimated at $20,000. The project is not included in the 2015 budget. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda �x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Participating Agreement with WSDOT for curb ramp design and construction along State Route 303 in the amount up to $100,000, 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 Form Updated 01/07/15 � Wasltington State �� Departrnent of Twansportation Local Agency and Address Local Agency City of Bremerton Participating Agreement 345 6th Street, Suite 600 Work by State -Actual Cost Bremerton, WA 98337 Section/Location Agreement Number MP 0.00 to MP 4.53 GCB 2246 Plans,Specifications and Cost Estimates(PS&E)for the State Route Number Control Section Number Local Agency Work by LOCAL AGENCY? ❑ Yes �NO 303 183001 PS&E Due Date Region Description of Work Olympic Region Reconstruct curb ramps to comply with current ADA requirements. Advance Payment Reqwred ❑ Yes � NO Advance Payment Amount STATE LOCAL AGENCY State Agency Representatives Local Agency Representatives Name Name Michele Britton Tom Knuckey Title Title Pro'ect Engineer City Engineer Address Address 8293 S ring Creek Road SE, Port Orchard, WA 98367 3027 Olym us Dr., Bremerton, WA 98310 E-mail Address E-mail Address BrittoM ,wsdot.wa.gov Thomas.Knucke ci.bremerton.wa.us Phone ' Phone (360) 874-3000 (360)473-2376 This Agreement is made and entered into between the STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION(STATE) and the above named governmental entity(LOCAL AGENCY). WHEREAS,the STATE is planning the construction or improvement of a section of the state route as shown above,and in connection therewith,the LOCAL AGENCY has requested that the STATE pertorm certain work for the LOCAL AGENCY as described above under Description of Work and/or further described in Exhibit B,(Work),and WHEREAS, it is deemed to be m the public's best interest for the STATE to include the requested Work m the STATE's construction contract for the state route improvement,and WHEREAS,the LOCAL AGENCY is obligated for the cost of the Work described herein, NOW,THEREFORE, pursuant to RCW 47.28.140 and/or chapter 39.34 RCW and in consideration of the terms,conditions,and performances contained herein,and the attached Exhibits which are incorporated and made a part hereof, W IT IS MUTUALLY AGREED AS FOLLO S: 1. PLANS,SPECIFICATIONS,AND COST ESTIMATES 1.1 The STATE, on behalf of the LOCAL AGENCY,agrees to perform the Work, as further provided herein and pursuant to the attached exhibits. Exhibit A is the Cost Estimate and Exhibit B, if included as an attachment,further defines the Work to be constructed for the LOCAL AGENCY. The combination of the LOCAL AGENCY's Work and the STATE's improvements hereinafter constitute the Pro�ect. DOT Form 224-065 EF Revised 01/2013 Page 1 of 7 1.2 If indicated in the above heading,the LOCAL AGENCY shall provide the STATE with plans, specifications and cost estimates(PS&E)for the Work. 1.2.1 The PS8�E shall be in accordance with the state of Washington Standard Specifications for Road, Bridge and Municipal Construction,and its amendments thereto(Standard Specifications),current at the time of Pro�ect advertisement, mutually acceptable design standards,or the LOCAL AGENCY's standards, if applicable and specified by the LOCAL AGENCY. Backup calculations for quantities and breakdowns for lump sum items shall be included with the PS&E for the Work. 1.2.2 If the PS8�E for the Work,with backup calculations and breakdowns, is not delivered by the above PS&E due date, the STATE, at its sole discretion,may proceed without the LOCAL AGENCY Work included with the STATE's improvements. The LOCAL AGENCY agrees to reimburse all STATE costs incurred up to and as a result of the LOCAL AGENCY's failure to timely provide the PSB�E. This Agreement shall terminate upon receipt of all reimbursement payments in accordance with Section 6. 1.3 The STATE will incorporate the LOCAL AGENCY's Work or Work PS&E into the STATE's PS8�E for the STATE's improvements to produce a combined advertisement(Ad)ready PS&E for the Project. The STATE will document STATE- pertormed engineering design work required to incorporate the Work or Work PS&E into the STATE's PS&E(Design Documentation). The State shall provide up to two mtermediate review sets of the PS&E and Design Documentation at mutually agreeable milestones. The STATE will provide the LOCAL AGENCY with one(1)reproducible copy of the stamped final Design Documentation prior to the proposed Ad date. 1.4 The STATE will provide the LOCAL AGENCY with one(1)reproducible copy of the Ad ready PS&E for the Project a minimum of thirty(30)working days prior to the proposed Ad date. The LOCAL AGENCY will have fifteen(15)working days to review the Ad ready PS&E for the Project, resolve any concerns, and provide the STATE with written approval, conditional approval, or rejection of the Ad ready PS&E for the Work portion of the Project. In the event the Work portion of the Ad ready PS8�E is conditionally approved or rejected,the LOCAL AGENCY shall include the reasons for conditional approval or rejection. The LOCAL AGENCY may request an extension of time in writing, provided that the STATE receives the written request not later than fifteen (15)working days after the LOCAL AGENCY has received the Ad ready PS&E. The STATE shall provide a written response, indicating the number of working days extended,if any. 1.5 If the STATE does not receive the LOCAL AGENCY's written approval,conditional approval or rejection of the Work portion of the Ad ready PS&E within fifteen(15)working days and any approved extension of time pursuant to Section 1.4, or if the STATE cannot accept the LOCAL AGENCY's condition(s)of approval,or if the LOCAL AGENCY has not acquired all right of way and permits required to construct, maintain,and operate the Work,the STATE may, at its sole discretion,delete the Work from the Project and advertise the STATE's improvements. The LOCAL AGENCY agrees to reimburse the STATE for engineering costs and actual direct and related indirect costs mcurred by the STATE associated with either the STATE or LOCAL AGENCY deleting the Work from the Pro�ect.This Agreement shall then terminate upon receipt of all reimbursement payments in accordance with Section 6. 2. BID,AWARD,AND COST ADJUSTMENTS 2.1 The STATE will advertise the Project for bids. The STATE wdl be the LOCAL AGENCY's representative during the Ad and Project contract award period. When requested by the STATE,the LOCAL AGENCY shaN timely assist the STATE in answering bid questions and resolving any design issues that may arise that are associated with the Work. All comments and clarifications must go through the STATE. 2.2 If the LOCAL AGENCY is responsible for preparing the Work PS&E,the LOCAL AGENCY agrees to prowde the STATE with any addenda required for the Work during the Ad period,to the Parties'mutual satisfaction. 2.3 The STATE shall provide the LOCAL AGENCY with written notification of the bid price for the Work. The LOCAL AGENCY shall have five(5)working days from the date of written notification to provide the STATE wntten approval of the bid price for the Work,or request the Work be deleted from the Project. The LOCAL AGENCY may request an extension of time in writing, provided that the STATE receives the written request not later than five(5)working days after the LOCAL AGENCY has received the written notification. The STATE shall provide a written response indicating the number of working days extended, if any. DOT Form 224-065 EF Revised 01/2013 Page 2 of 7 2.4 The LOCAL AGENCY acknowledges that if it fails to provide the STATE with written approval of the bid price for the Work or request that the Work be deleted from the Pro�ect withm five(5)working days and any approved extension of time pursuant to Section 2.3,the STATE shall delete the Work from the Project. In this event,the LOCAL AGENCY agrees to reimburse the STATE for engineering costs and actual direct and related indirect costs incurred by the STATE associated with deleting the Work from the Project.The LOCAL AGENCY understands that deleting the Work from the Project may require an equitable adjustment to the Project contract and agrees to reimburse the STATE for costs associated with the equitable adjustment.This Agreement shall then terminate upon receipt of all reimbursement and equitable adjustment payments in accordance with Section 6. 2.5 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or execute the Project contract, but thereafter re-advertises the Project for bids,the STATE agrees to pay all STATE costs to re-advertise the Project. The LOCAL AGENCY agrees that the STATE is not responsible for increased bid prices or delay to the Work or other impacts to the LOCAL AGENCY resulting from re-advertising the Project. 2.6 If the LOCAL AGENCY approves the bid price for the Work and the STATE does not award or execute the Project contract and does not re-advertise the Project for bids,this Agreement shall terminate upon receipt of all reimbursement payments in accordance with Section 6. The LOCAL AGENCY agrees that the STATE is not responsible for potential increased costs for the Work,delay to the Work or other impacts to the LOCAL AGENCY resulting from not awarding the Project. 3. CONSTRUCTION 3.1 The STATE will be the LOCAL AGENCY's representative during construction and wdl act as owner in the administration of the contract for the Work. The STATE will designate a STATE Project Engineer to provide all services and tools, including but not limited to construction administration, inspection,materials testing,and representation, necessary to administer and manage the contract to ensure that the Work is constructed in accordance with the contract. 3.2 The LOCAL AGENCY may consult with and inquire of the STATE Project Engineer, attend all meetings, and have access to all documentation concerning the Work. The LOCAL AGENCY shall not provide direction,directly or indirectly,to the STATE's contractor.All formal contacts between the LOCAL AGENCY and the contractor shall be through the STATE's representative. 3.3 When it becomes known that quantities for a unit bid item will exceed plan quantity for the Work by ten(10)percent or result in a cost increase for the Work exceeding the total amount by the percentage listed under Section 6.6,the STATE shall consult with the LOCAL AGENCY on possible courses of action within three(3)working days in accordance with Section 4. 3.4 The LOCAL AGENCY may inspect the Work. Any costs for such inspection shall be borne solely by the LOCAL AGENCY. All contact between said inspector and the contractor shall be only through the STATE's inspector or the STATE's representative. 3.5 The STATE will prepare the final construction documentation in general conformance with the STATE's Construction Manual. The STATE will maintain one set of plans as the official"as-built"set,then make notations in red ink of all plan revisions typically recorded per standard STATE practices, as directed by the STATE's Construction Manual.Once the LOCAL AGENCY has acceated the Work per Section 5,the STATE will provide one reproducible set of as-built plans to the LOCAL AGENCY within ninetv ( 90 ) ❑ Working �Calendar days. 4. CONTRACT CHANGES 4.1 Changes to the Project contract will be documented by change order in accordance with the Standard Specifications.The STATE shall process change orders for all changes affecting the Work in the manner set forth in subsection 1-2.4C(3), Approval of Changes/Checklist, STATE Construction Manual,current edition. 4.2 Required changes involve such changes in quantities or alterations to the Work as are necessary to satisfactorily complete the Project.All other changes affecting the Work shall be considered elective changes. DOT Form 224-065 EF Revised 01/2013 Page 3 of 7 4.3 The LOCAL AGENCY authorizes the STATE to initiate all required changes affecting the Work and to negotiate,document and execute the associated change orders. The LOCAL AGENCY agrees to pay for the increases in cost, if any,for the reqwred changes affecting the Work in accordance with Section 6. 4.4 The STATE will advise the LOCAL AGENCY of any proposed required changes affecting the Work as soon as possible and provide it with an opportunity, if time permits,to review the change before implementation. The STATE will determine the length of the review time based upon the need to expedite the change to avoid delay to the contractor. 4.5 The LOCAL AGENCY may request additions to the Work through the STATE in writing. The STATE will implement the requested changes as elective changes, provided that a change does not negatively impact the STATE's transportation system and complies with the Standard Specifications, Project permits,state and/or federal law,applicable rules and/or regulations, and/or STATE design policies,and does not unreasonably delay critically scheduled Project contract activities. 4.6 All elective changes to the Work shall be approved in writing by the LOCAL AGENCY before the STATE directs the contractor to implement the changes,even if an executed change order is not required by the Project contract. The LOCAL AGENCY agrees to pay for the increases in cost, if any,for such elective changes in accordance with Section 6. 4.7 The STATE will make available to the LOCAL AGENCY all change order documentation related to the Work. 4.8 In the event it is determined that the LOCAL AGENCY does not have sufficient funds to complete the Work,the STATE and the LOCAL AGENCY shall negotiate to determine the future of the Work. If it is determined that the Work cannot proceed, the Work shall be brought to a level that is safe for public use and the STATE will terminate the remainder of the Work from the Project contract. In the event the Work is terminated, Section 5 shall apply for that portion of the Work completed up to the time of termination. The LOCAL AGENCY agrees to pay all costs associated with termination, including contractor claims, in accordance with Section 6. 5. ACCEPTANCE 5.1 Pnor to Work acceptance,the STATE and LOCAL AGENCY will perform a�oint final inspection. The LOCAL AGENCY agrees, upon satisfactory completion of the Work and receipt of a Notice of Physical Completion of the Work,as determined by the STATE, to deliver a letter of acceptance to the STATE which shall include a release of the STATE from all future claims or demands of any nature resulting from the performance of the Work and STATE administration thereof,outside STATE right of way, subject to any contractor claims(Section 8)caused by the negligent acts or omissions of the STATE in administering the Work. 5.2 If a letter of acceptance is not received by the STATE within ninety(90)days following delivery of a Notice of Physical Completion of the Work to the LOCAL AGENCY,the Work and STATE administration thereof shall be considered accepted by the LOCAL AGENCY, and the STATE shall be released from all future claims and demands of any nature resulting from the performance of the Work and the STATE's administration thereof,outside STATE right of way,subject to any contractor claims(Section 8)caused by the negligent acts or omissions of the STATE in administering the Work. 5.3 The LnCAL A�FNCY mav withhold its acceptance of the Work by submitting written notification to the STATE within thirty ( 30 ) ❑ Working �Calcndar days following delivery of a Notice of Physical Completion of the Work. This notification shall include the reason(s)for withholding acceptance. 6. PAYMENT 6.1 The LOCAL AGENCY, in consideration of the faithful pertormance of the Work pertormed by the STATE and its contractor, agrees to reimburse the STATE for the actual direct and related indirect costs of the Work, as estimated in Exhibit A. 6.2 The STATE shall provide detailed invoices to the LOCAL AGENCY for the Work performed by the STATE and its contractor or for costs incurred as provided in Sections 1.2.2, 1.5,2.4,4.8 or 8.1.4,and the LOCAL AGENCY agrees to make payment within thirty(30)days from receipt of an invoice. A payment wdl not constitute agreement as to the appropriateness of any item. At the time of the final invoice,the Parties will resolve any discrepancies. 6.3 The LOCAL AGENCY agrees that if it does not make payment within ninety(90)days after receipt of an invoice,the STATE may deduct and expend any monies to which the LOCAL AGENCY is entitled to receive from the Motor Vehicle Fund. DOT Form 224-065 EF Revised 01/2013 Page 4 of 7 6.4 Advance Pavment: If an advance payment is required,the LOCAL AGENCY agrees to pay the STATE the"Advance Payment Amount,"shown above,within twenty(20)days after receipt of Project contract award notification. The advance payment represents approximately fifteen percent(15%)of the cost estimate and covers costs incurred by the STATE in the initial stages of the Work. The advance payment will be carned throughout the life of the LOCAL AGENCY's cost obligations,with final adjustment made in the final invoice. 6.5 Increase in Cost. In the event unforeseen conditions require an increase in the cost of the Work above the cost estimate (including sales tax, engineering, and contingencies)by more thar tH�enty five ( 25 ) percent,the Parties agree to modify this Agreement by executing a written amendment to address the increase pursuant to Section 10.1,or implement Section 4.8. 7. RIGHT OF ENTRY 7.1 The LOCAL AGENCY hereby grants to the STATE and its authorized agents,contractors,subcontractors, and employees,a right of entry upon all land in which the LOCAL AGENCY has an interest for the purpose of constructing the Project. 7.2 Where applicable,the LOCAL AGENCY hereby grants to the STATE and its authorized agents, contractors,subcontractors, and employees, a right of entry upon all land in which the LOCAL AGENCY has an interest for the STATE to construct, operate, maintain and/or reconstruct signal loop detectors and appurtenances for signals belonging to the STATE, if any, that are constructed within the LOCAL AGENCY's right of way.The terms of this Section 7.2 shall survive the termination of this Agreement. 8. CLAIMS 8.1 Claims for Additional Payment 8.1.1 In the event the contractor makes claims for additional payment associated with the Work,the STATE will immediately notify the LOCAL AGENCY of such claims. Such claims shall be made in the manner and form as provided for in the Standard Speafications. 8.1.2 The LOCAL AGENCY shall not be obligated to pay such claims or their cost of defense to the extent that the claims are caused by the negligent acts or omissions of the STATE in administering the Work. 8.1.3 The LOCAL AGENCY shall have the right to review and comment on any settlement for claims associated with the Work. However,the STATE shall have the ultimate right to settle such claims. In the event the LOCAL AGENCY does not agree with the claim settlement as negotiated by the STATE,the LOCAL AGENCY shall reserve the right to not financially participate in the negotiated claim settlement. If agreement cannot be reached between the LOCAL AGENCY and the STATE on a claim settlement,the Parties agree to follow the dispute resolution procedure in Section 10.7. 8.1.4 If the STATE agrees,the LOCAL AGENCY may defend contractor claims associated with the Work at its own cost, and in doing so,the LOCAL AGENCY agrees to pay any resulting settlement,court judgment or arbitration award. The STATE will cooperate with the LOCAL AGENCY in the LOCAL AGENCY's defense of the claims. The LOCAL AGENCY agrees to reimburse any STATE costs, including attorneys fees, incurred in providing such assistance in accordance with Section 6. 8.2 Claims for Damaaes: After Work acceptance, in the event of claims for damages or loss attributable to bodily in�ury, sickness,death, or in�ury to or destruction of property that occurs within the limits of the Work located on the LOCAL AGENCY's right of way,the LOCAL AGENCY shall defend such claims and hold harmless the STATE therefrom,and the STATE shall not be obligated to pay any claim,�udgment or cost of defense. Nothing in this Section, however,shall remove from the STATE any responsibility defined by the current laws of the state of Washington or from any liability for damages caused by the STATE's own negligent acts or omissions independent of the Work performed pursuant to this Agreement. 9. OWNERSHIP,OPERATION,AND MAINTENANCE 9.1 Upon acceptance of the Work as provided in Section 5,the LOCAL AGENCY shall be the sole owner of that portion of the Work located within the LOCAL AGENCY's right of way, and the LOCAL AGENCY shall be solely responsible for ownership and all future operation and maintenance of the Work at its sole cost,without expense, cost,or liabiliry to the STATE. DOT Form 224-065 EF Revised 01/2013 Page 5 of 7 9.2 STATE facilities constructed on LOCAL AGENCY right of way, if any, as identified in Section 7.2 shall be owned by the STATE, and the STATE shall be responsible for the operation and maintenance of such facilities at the STATE's sole cost, until removed. The terms of this Section shall survive the termination of this Agreement. 10. GENERAL PROVISIONS 10.1 Amendment: This Agreement may be amended or modified only by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 10.2 Termination: Neither the STATE nor the LOCAL AGENCY may terminate this Agreement without the written concurrence of the other Party, except as otherwise provided under Sections 1.2.2, 1.5,2.4, and 2.6. 10.2.1 If this Agreement is terminated prior to the fulfillment of the terms stated herein,the LOCAL AGENCY agrees to reimburse the STATE for the actual direct and related indirect expenses and costs it has incurred for the Work up to the date of termination,as well as the costs of non-cancelable obligations. 10.2.2 Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 10.3 Inde�endent contractor: The STATE shall be deemed an independent contractor for all purposes,and the employees of the STATE or any of its contractors,subcontractors,consultants, and the employees thereof,shall not in any manner be deemed to be employees of the LOCAL AGENCY. 10.4 Indemnification: The Parties shall protect,defend, indemnify, and hold harmless 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,and/or awards of damages(both to persons and/or properry),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 concurrent negligence of(a)the STATE, its employees, authonzed agents,or contractors and(b)the LOCAL AGENCY, its employees or authorized agents,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. 10.5 Acceotance of Liabilitv.The LOCAL AGENCY agrees and accepts full liability for(1)the PS&E provided for the Work to the STATE, if any,and(2)for any Work the LOCAL AGENCY has provided direction to the STATE to design andlor construct outside the STATE's right of way and/or STATE's jurisdiction that does not meet STATE standards. 10.6 Survivabilitv: Sections 10.4 and 10.5 shall survive the termination of this Agreement. 10.7 Dis utes: In the event that a dispute anses under this Agreement, it shall be resolved as follows:The STATE and the LOCAL AGENCY shall each appoint a member to a disputes board,these two members shall select a third board member not affiliated with either Party.The three-member board shall conduct a dispute resolution hearing that shall be informal and unrecorded.An attempt at such dispute resolution in compliance with aforesaid process shall be a prerequisite to the filing of any litigation concerning the dispute.The Parties shall equally share in the cost of the third disputes board member; however,each Party shall be responsible for its own costs and fees. 10.8 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement,the Parties 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. 10.9 Audits/Records: All Project records for the Work in support of all costs incurred shall be maintained by the STATE for a period of three(3)years. The LOCAL AGENCY shall have full access to and nght to examine said records,during normal business hours and as often as it deems necessary. Should the LOCAL AGENCY require copies of any records, it agrees to pay the costs thereof. The Parties agree that the Work pertormed herein is sub�ect to audit by either or both Parties and/or their designated representatives,and/or state of Washington and/or the federal government. DOT Form 224-065 EF Revised 01/2013 Page 6 of 7 10.10 Term of Aareement: Unless otherwise provided herein,the term of this Agreement shall commence as of the date this Agreement is fully executed and shall continue until the Work is accepted by the LOCAL AGENCY pursuant to Section 5,or as otherwise provided herein, and all obligations for payment have been met. 10.11 Workina Davs: 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. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By Name Name Title Title Date Date DOT Form 224-065 EF Revised 01/2013 Page 7 of 7 GCB 2246, Exhibit A City of Bremerton Agreement Agreement#GCB 2246 � I Unit � Quantity � Unit Price Cost Mobilization � LS � � $ 7,149.44 Removing PCCP SY 118 $ 16.00 $ 1,888.00 Removing Pavement,Sidewalk,Curb, and Gutter SY 260 $ 10.50 � $ 2,730.00 -- -- ---...... _ _.._._..-- Inlet Protection Each I 20 $ 110.00 $ 2,200.00 - -- ---.... ; _.... .. .- - -----...------....._ _...---...._.__. Crushed Surfacing Base Course � Ton I 30 $ 60.00 $ 1,800.00 HMA CI 1/2" PG64-22 I Ton I 50 $ 250.00 $ 12,500.00 Cement Conc.Traffic Curb and Gutter LF � 500 $ 22.00 $ 11,000.00 Cement Conc. Pedestrian Curb LF ! 220 � $ 23.00 $ 5,060.00 -. _..--- ---._. _._ Project Temporary Traffic Controi LS I $ 15,750.00 Cement Conc.Sidewalk _ I SY _ 130 $ 68.00_ $ 8,840.00 Cement Conc.Curb Ramp Type � Each 13 $ 2,000.00 $ 26,000.00 Adjust Valve Box Each 4 ' $ 400.00 � $ 1,600.00 Adjust Manhole Each ! 2 $ 600.00 i $ 1,200.00 -- -- � ---—� — , I CN Item Subtotal I $ 97,717.44 - _ _ _ I � � - - City Share CN I � 50% j $ 48,858.72 _.._. _._. Preliminary Engineering I � I 20% ' $ 9,771.74 __.. _. _._ _......- --.. _. Construction Engineering I I 22% $ 10,748.92 -------- --- -- - - -- -- -----... _:.. -- --.. .. . 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C) �.��`� �y � � � FRANKLIN AVE FUSON RD MCVJILLIAMS RD BENTLEY DR ECHO DR FAIRGROUNDS RD Nw Cjp1 ii i i i� �11� iiii �x) N SR 303 , �� ` � �� ` � _„��= --'��`�--- -__ „.--- -_-� �r -- _� ---; --= -___-—== --_- �l�` �.,�:,--- Fy ii�� IIII �31 II�I l < ' f BENTLEV DR JOIiN CARLSON RD SAM CHRISTOPHERSON AVE � j�ll SR 3 =�.�'��. _- ___;,.,�=--- �� ; SR 16 SPUR SH f SB OFF RAMP SR 3 NB ON kAMP SHOREWOOD UN WESLON PL II '� i� . II � II i6) �.II N I � �� i I I -�s ' N i � !', SR 310 (KITSAP WAY) i ��;� " f�L__ ___ ___ ___I '�L_- _________ __i"�L__ __�4�,:--_ _.-_.��i___ -_—�•,r�F..-'__ ___�i7�-- _________ � � / '�� i ii j ii �\17j i�i 7B AUTO CENTER WAV SR J NB OFF RAMP SHOREWOOD DR OSTRICH BAV AVE FILE NAYE G:IIDnI nP36El5flD00.Ro io�Nneoe�rowm s-RD�I8.00 PSEIPSQES�oeb1Y7017701�U1)1 PS SN 307.tl n PIo[2 T�A� 7_SB11PM _ .___ ,_. °�o ""` FEDAID PROJ.NO. ��0� L��r,j — SR 3 /SR 303 ET AL """pjX° OATE 7Id2015_ .. ��p� qs �� BRE ERTO AREA CURB RAMPS �SM2 _ _'_ PLOTTED BV BrownTA __' _ _ �ESIGNED BY _T.BROWN '0�Xb�`� rm ENTEi1E0 Br--M.SERGEAN7 � �- �- WBBhlflgton State ADA IMPROVEMENTS CHECKED er s.cocHanN � ��* ��W w Department oi TranaportaUon „ PR0.1 ENGR. M.BRITTON _ _.. � ,.a STRIP MAP „,�.,, REGIONAL ADN. K.DAYTON REVISION OA7E BY i i I I i Sp t � 1 �" /," 1 - k. �C��' `, � bi - �. '��j- �, � _, ... _ � — ` \ =_ `�^~1 . : ' s --�'� �: ..�^.,-� ✓ _ -..� �� .J /' ~ - —1"_-_ --'. Reimbursement Agreement , with WSD�T for Curb Ram ' p Replacement on SR303 September 2, 2015 � oovv ov 6� • o � I .j:�'�: � r U.S.Oepar6nenfalJuabce � u_s.oepartmentotTransponamon I �� : Clull Rlgh�OIN61on PBdBf81 HIgtIWBy AtllnWehe$6O Bac round �- �� °��°° � g � IDepartrroent of,tusticelQeparhnent of Transportation Joini Technical Assistance'on the Title II of Ihe Americar�s with Disabilities Act Requiremen#s to Provide Curb Ramps when Streets,Rnads,or Highways are Altered through Resurtacing iI Tale Il oT Oie Amerleans wM Dls�llltl�ACI(ADA)requ1re51Aa16�}e arcJ Wcal govemmenl5 ensure B�at pesfans�vllh I � tlIs341N�5 n2v2 SCC266 lD VtE pE�6trP3n roUfES In fi2 pUQ'lC rtgM Of 16ay.M QIIpOrt21rt p3R 01 NI5 req�IllEtl'Rllt l5llte ablkJs-IID7� � T h e D e p a rt m e n t o f I ��'��ays,or�aghv�ya�e attered ro pruv�e curb ramps where etreea ie�l pedesman vraW,vayr,aoss aiuCs.' i rnk-requlrem�u is mtentlee tn ensure 1ne accesWb9ry�e usanlmy otthe peeeetl�n vi�way tor peisons u:tn alsa�".,IQes. � � An aQera7bn 16 a cTange tliat aReIX&m cwla�cl Vee uSa�Ry of ao m pan oi a 6uRtling or taGltry.'Me�atlon5 ai stree�, I i raaas,ar n�jnvrays uxwae�hmee eucn ae raeanswcnon,reh�i�truon,resurracmg,x:dentrg,ana praec�w eimi�ar s�a�e J u s t i e e a n d F H W A a"a e�2a*aairtznanx aeasies an etree�.roaa5,or n�gn�xaps,sucn ae aing pomote6,are not acerauons_ WIIhOUt ctttb ra7rq�5,slQewaR Va'Y-d In urb2n arzas can be tl3ngerou6,tlIIC�SiR,or evat MposElble f07 Feople Nh0 vEE U�E21CItdifB,SCOOl2lfi,3I10 OVEEf IllOh{IIPf Q�ENCEb.QU�b l3IIIp6 31104ti F20p18 Y/flh RlObllllr m6ddUlUE6 t0 Jndl 2CC2Efi 10ll1E fiIC2tl'21k6 d110 m pdES V.�OL'gh 021St�7 Yo1311R5 IR 6VEECL.OVIEI191EB,UIC6B IRCI41011219 22 fOdS4tl M trdY21 IR S72?(6'e11C(03EYJ3)'6 r e q u i r e e u r b r a m p s to antl arz ptrt m tlangei or are prevzneea ltmn reaee��g ma7 de6una�bn,sorne peop�wm�atsataitles may�npry cno�ee not ro �ke 1�15 r1Ek an�wl➢nat vaiWre out ot t��nortv�ar oommimtme6 Bxcause re�rrat�ng m stree�aouisSNrL�an attera[wn�mtl�tr.e ADh 41r1[19r3s the ohllgauon w praul�cU�b ramps�vn�e pEtl66'trWll 1TdIkF/3ye USIHSeG 1�B 725UIf8C0tl E7�2216.S2?KUIlIBy v.YCRIs8i1Tl1,9 F 30 1467(3ftl Clf.7493j.T1�I6 06�g79Gn h35 b e u p g r a d e d to m e e t ��n¢aeuFsetl m a va�ty otoee�nuai aselemr.ce masenax puot�nea ny�he oepaRmznt ot Jastice begtnnhcg h�199b.'Over me pastleve yeare,Etiir ana roca�govenvixn�nave sougM wrmer guiva�xe on me soope arme ats�rauon6 requuartem�sim reEged to tne praulslroi at cwC ramps maiee stre�s,roaas or ntglrcfays are ee�ng reswiate0.Tl�zae qu2slla�e naue artsen I�ga�y rtue m No tlevHepment at a vanery at roa0 surtace heaFmen�o;ner tnan vadnronal roau rzsumacmg,a�hfM generalty IRYOSqEO V2 dtlCIt10�1 Of 3II2iAI I�'H OidF.�H3R.PUGIk¢RntM hdYE 3bKEtl 1lt2 D2p3iGn21110f TP3I16FOf�ll011 drtR 1718 DL'p3fV1;�7I A D A s t a n d a r d s w i t h D1,7�s�ce m claNp w�taett�er paruc��r roae surtace 4eaemer�tan u4hln me A�A Cennmon ot�atlnn&or whenier me'shoul0 be canslnereu rt�r�nartee tnat wouin irot trtgger tteQ abr.gan��e prwise am ramps.7ms,eomt 7echrtxai nsslstance aCtlrzss�some ot lhoee queetbna. • where muat au0 ramps tra provlda07 p a v e m e n t e o n s t r u ct i o n ��4'•uirb rarnpe are neehea�s�herever a e�arsalk ar otner peeeeotan wannr,y acsses a aro.Cmb ramps musf Da ioca�a to encice a p�on r�nn a mo�llity tlisanmry can travel tram a�Ineurau on one s�Ce otthe street,over or mrougn any wrbs ar haElc 161anC6,1B Ihe SlCevraR mi llce ather SICE of Re sVeeL Nowever,Ne ADA does nol requse Instatlallon ottampa at wrb ram{�In the abeence of a peRe�ktan wallcvay m�a pre�tared burtace tor peaestr�n use_Nor are wrb rampe requUea h� i I I�e atsence ut a cu�b,e�rUon,or adi�bartfer befa�zen t�e stre2t antl Oie wa3vray. I wnen te reaurtectng eone�eareu to ee en eltereCon7 � I Res��g�e an alDeravan mat trtg�me reqviremem ro aaa cum rampe o n mwn•es wam on a street or roaemay spannmg � ; Ram one Intesecllon Oo airoUiet,ars0 tr�cludes oueiEays af adallona!materlaf tn tht roa�swGce,wlth or�oul mllfng. . Fs3mpies in�de,nut are no�n�tea m vee tbuo+mng oeatments ar ttwtr equrt�azer,w:ad�Wn ot a new iayer at aepha¢, reomwtrucltnn,consrete pa++ernent rxhaMlllallon arN reeu�trucllon,open-grarted eurtase cwrce,mluo�eu�Tactng anu 1hM WI � All grade br�aks flush � �oi spla�are0 sp�ay are canslCere4 � �at Ne ma0.Some examples ot Ihe i k�ucza,aack fmng antl aeall�, a']5,tl0\721 D3f f2Witl.spOt IIIJIt- AOA D7 E2Y2RI T3!(Il2Il2IICE r 1ne oo3jauon ro prawee wro nee�n .. ramc.liegarale6s m rmether mere� requtrea the prav�eten a cu�C ra�� . ,....__....__..._..�_._.,- i i .,AO,�. .� i. 1 f,��i�� : �••' CR'C111Qt'GlliQfEll�aC�01GMAGCa.� 0.. . s�e�ercl e�ifla al�trh entl loca� �. E�;�. •m�Mm�m:2a�a��mmLan i �� i .•,,y• '� mus or arter sxsetl amrs at cq I . . ._ `� Srx�oo�h transition ��°�°'��'` a�QQ �o D. . o to the road ,�_�.�„�b,�;��,�, v 7Ct n attne+la,i evelL�71e et a�pvr. ��''l;i • • • WSD4T Res onsibllit ��:,:�: p Y . �,� GRIND & IAI�AY - �IYSE]Q'� FtE.SPQNSIBILITY - LOCAL AGENCY RESPONSIBILITY. CC�ORDI�IATE 1NITH 1NSDOT TO INCLI,iDE ALL ADA IMPitOVEMENTS. � � � � � � � � � � � � � � � � � � � � � . . � � ' ' � � � � :� •�• WSDO T Res onsibil i t � p Y 55 deficient curb ramps - �'- - . - : ,.,.�._ � .. . ,t . •�,... ..,�, . ,, !w :.� .� �r�- - : -�:� ...= •-4�;�'' ''� �• • . - �. . • � . ,':_ ��;.�.��r' ,; along corridor to be � � � � �� - - � � t � ; .:,.:..:� . ,,,�.� .� . . :p:._, t . �- � addressed, i� . - ° ; " . � �.�� , . • WSDQT will replace 34 � �� 1-� h. - h�;,�,;' f'� :�;.,y .�` f: ��` with at their cost �� X`�� c _ � A '��: ♦ . � - . . :�'►:�;� �. .,'• . . , �M,�x ..�• - . _ •- r � - ."�;�k-, • • - ._ . . ' � . , . - . OJ ..�� •LS'�, � _.. . . - - _ � r .`_� _ - w • Remaining 21 are , ._ _ -- - -- �-. --r— �.. :_,�.�.� .. - - x.��.�:F�� . outside of WSDOT's . �y- .- � �,� ° � � , - ° � ,s�.,�:��K scope and are the City's ' - ' _ . � �, �i �-__ .��:,. responsibility. � �-"- � . _ _ - - _ - - - ==-.- � r„ , " " _ _- --' C�a9n pr, ..�— . � :o'�i.�.M(y?`(Ci� -� - ,-.c- - -- . ' ' - _ G� � - -'•n'r Schedvle • Grind and overlay SR303 in 2017. • October 2015 � Advertisement for Curb ramp replacement along � corridor _ _ � � 4.Oftmin Detectable Warning Surface ' � � 4 f{ � 8.3%` '� i min �lE max 2% � �� Landing Area �m ¢ ; Curb ' o x c� c0 �o E � Sidewalk __ . — I Zv�o` � , ..-�>�— — i Figure 20 max �'' a��n 1�' -.r • , Partnershi for Curb Ram Re lacement ��;�� p p p .,. � -}: �.. _ .�F. WSDOT Proposed �' �� ri Reimbursement Agreement - �� - .r T ��. ;, 50•50 Partnershi to Desian ��`�= �� _�� ~� ' � " ��n"' �}+"="��;.. �. � ti��y�' dti.r�._ and Construct Curb Ramps - � • - beyond the�r Scope . , NW Corner Warren�8th t� •K � �-- :,: :;�- r. � _ -. �_ ��Ki.iSl' i� •t- � _ �� - - _,- ,�: NE Corner Warren�Dr. ML King Way � � .�.. �;, .,L ,� . . - „ :" _..- 6 ,.�� ''" � ' �,a�w. . • - '' - • 'vM.?:� ��, .. � .�7'rz? � Qther 1 ' �� mprovements for Com 1�ance � p � __ � ; � -- � -- � I � Other work required at curb ramps: • Pedestrian Push Buttons adjacent - to each ramp (WSDOT), . . I : • Count-down Pedestrian Signals � , _ � (City follow-on) � � u�� t, i___ —._ __ _ —_._._� ', T — ` la�'t' •7� � ' �- wMP�a� waan riu� �i� < 1 - i s�ons -- -- ��■► � - - ��- ��---- �- ��,� � - - _ 1 � �� Q�Q� �� O �_ •� • f-� -,,, � �� - .� --� _� �r� - � � � � . � . . . . - - . . - - - �:: _ , ��. . . . - '� • � � � - - �; � , � ^,� i i =� � � �� - � �� . - -� . _ . - .,� -}w . � , .. 4 . ..�. ,,�, y �.;�s-� :� . . � ' ., . , _ . . ,. �� . , . . . . . �.�� y . F �' 1 . � .. � - !� . ' •, _ � � � 'w .t� } tt S'� � �' R�; J •' 4 � _ ' �~ t' y�^ ' � . `��• A'�'''it:ti'� v' ±;f �`` � �'�t:�,=�aj�"� --- ,�-� : .ti . . .. F.i ,; . + . , • ... ' .. � �l�4 ' Yc.!.Y �i `1 ? ' i �'y�1 2 Ft� .� \ . � � I .�. ��_ ..�� ♦ �,1�,_l + ,`F.. ?� . .h/ �' 4(�S " � �~ 'a`✓• . �`' ,".i u.. , .�� t�, i�,: i'.''bS,t e . �.' _ � . j.- .�r, --.r . . . : j�..• , R .7 •�+f■ � � � � � . . - • �ar. � /1`� i , .. � E ..'+O.a�,��..-- � '{ ,r��,; _1 ll�; , � _ � '' ' ' � � � jl7 ; �` � ,� - , r �1 . ��.• . I� . , ' MT ' � �~� -' }�•~" � �I` ' , 1� .��+�.1 �-'� .. . ` . . � " �•� � . '��,�Z, i 1 •`y'Y 1 Y� '��' �{:t-: l t��i�.� r .1J.ti,l 'hy�C�:�_ .� �'i — - --- ��. c�tr or BR�- • i • � � Qvest�ons. � � i � � � �,: ; ,� �� i. ,. 1 ��i � ': i ; ;�.._.____._.__� � s �. �j � €. i a000 00 o. • o AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5283 amending Study Session Date: 08/26/15 BMC Chapter 7.05 entitled "Prohibited COUNCIL MEETING Date: 09/02/15 Animals" Department: Legal Presenter: Roger Lubovich Phone: 473-2335 SUMMARY: The proposed ordinance amends Chapter 7.05 of the Bremerton Municipal Code by allowing goats to be kept within the City for vegetation control in specified circumstances and for limited time periods. The ordinance also will allow livestock and other prohibited animals in the City for certain organizations and special events, such as museums and festivals. ATTACHMENTS: 1) Ordinance No. 5283 amending Chapter 7.05 BMC FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda � General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5283 amending Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals" COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01l07/15 ORDINANCE NO. 5283 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals" WHEREAS, the City Council desires to amend Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals" by amending provisions relating to keeping or maintaining livestock in the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.05 of the Bremerton Municipal Code entitled "Prohibited Animals" is hereby amended to read as follows: 7.05.010 PROHIBITED ANIMALS. , � • li.��6�ii�3��r`k�iii�i-c`1-1-�'rii3C-�L�,lo� i.,,+ „ „* 1:...,.;+o,l +„� 1;,,,,�� +;.to,-�� 1,0.�,,,,,,,,vo�,� ..L,;,�.�..,,,�oo� ,-;11�� .,+.,;.. 1;,,,,� L..,a..o,.� „l..o� L..,L,..:a� �,ro� �., 1.,.,,, � R � � n� � > > � > > � > > > e . � v . � � > > � � A.,... �� • /;\ Tl,.,��L.:� ., �L,.,11 .,,,� ., ,,.1..+„ :...a;..:,1„�1� :.. rl,o,, .,� +L.o 1:..0�+,,,.L ., o«l., � ..o,�l �..�...,.,��.,,,.* : „+L.o« � ,;+.,L,lo o ..1�,�� ::� n,,,,,o,.� ,,.,a ,,,,�i.,,..:.,oa „ .,.� „��..,,..o..�.. „ oa +„ *�,o r;+., .,�+o,. > > > . , „�i.o „ „��;..o�+,,,.t, ,,..t:.,o�+,,,.i, �,.+:..:*., ,,,, .t,o„ .,o,-��_�.o.,,,.,,a +t,,,+.,,�:,,t, �;;:� n.,.,.,o..� ,,,,a ,,,,��,,..:�oa ,. .,.� „�.,..,,�o..*., ., oa �,. .t,o r•.t., „�o.. C=T1 � 1 '2,�n�11 1, 11 a +L.o 4,o�4'r�,+�l 1,�.,.�ol..+l.a +� 11 ,7 ' �L,o -�azisss��c. � rar-vc-anvdcccrcrc�,�mnc-izurirocrvrcvrax-�r:vn�c�-ivi�pa.�-usuzii�'vric�-'.:.ra,., > > > t;.,o�+....1. ., oa �..EL. : ,.L.�o,.�;,.« /.�1\/::l .,F+L.:� �o..+:.,., The keepin� or maintenance of the followin� animals is prohibited within the Cit l�mits except as otherwise provided herein. �) Venomous, Poisonous, or Wild Animals. Possession of any creature that is venomous (excluding beesl poisonous, or wild is prohibited. Prohibited animals include, but 1 Prohibited Animals are not limited to, lions, ti�ers, bears, monkeXs, chimpanzees, �orillas, cougars, mountain lions, bad�ers, wolves, hvbrids, coyotes, fox, l n��ators, caiman, crocodiles, snakes over seven(7) feet in len h, or any venomous/poisonous creature. (b) Livestock. Possession of livestock is prohibited, exce tp that: (1) This provision shall not a,pply to the transportin� of livestock throu�the City when such entry into the Cit�is of minimal duration and the livestock are properlv secured for transport in a ca�e or other suitable enclosure. (2) Chickens may be kept or maintained in the City if licensed pursuant to Chapter 7.06 BMC. (3) Goats mav be temporarily kept or maintained in the Citv for the specific purpose of ve�etation control provided they are: (i) kept or maintained for no more than fifteen (15) consecutive days at anv particular location unless otherwise approved bv the Mavor or desi�nee or animal control authoritv; �ii) tethered, supervised on site, or are maintained within a securelX fenced area; and (iii) their housing in the Citv does not cause a�ublic health or safety issue. (4) Owners and authorized occupants of propertv annexed to the Cit�pon which livestock is maintained on the date of annexation, max continue to maintain livestock on the property unless ordered otherwise by the Citv Hearing Examiner in a code enforcement proceedin due to public health and safetv concerns. During said time, there may not be an expansion of livestock or livestock activitv on the propertv beyond that which existed at the time of annexation. This annexation exemption applies until such time as title to the property is transferred to a new owner. (c Exempt Or�anizations and Activities. The followin�or�anizations and activities are exempt from the prohibitions set forth in Subsections (a and b above: (1) State-re�istered wildlife rehabilitation centers with re�ard to care and rehabilitation of those wild animals that are indigenous to North America. (2) Licensed trap�ers and animal welfare or�anizations. �3) Circuses, zoos, museums, and similar facilities when licensed or permitted if pro ep r safe�uards are taken to protect the public. (4) Special events, festivals, �arades and other similar activities and uses when licensed or germitted for short term limited purposes if proper safe�uards are taken to protect the public as required in the licensin�or event permitting_process. �5) An unlicensed or unpermitted activity or event for a one time, short term limited purpose: (i) when approved by the Mavor or desi n�ee; (ii) for a period not to exceed five (5) consecutive davs; and �iii� when proper safe�uards are taken to protect the public. ^/��7l1 iTl��i A��7L'T77 tlilli A T7!)1�7C A ATiI DL'N A i TiL'C ��vr�arr v��rrn�'v-rr.rrrrn-rrcp. !1\ �'.,.. ., ,� ♦„ « .,�.,;., ., .,1,;1,;+vr1 � �l� �„L.:o..t+,. !l.\ A..... .,1„+:.,,� ,.f'+1,;� ..1��.,ro« ., �o+ F.-El, :,, �L.;� �o,.*;�„t��ll �. ...��;�„�o „ . . > > 2 Prohibited Animals � �� 7.05.020 VIOLATIONS AND PENALTIES. �a) Violation. It shall be unlawful for an�person to possess or maintain any prohibited animals subject to the provisions of this chapter. (b) Civil Infraction. Any violation of subsection (a) of this section shall constitute a civil infraction punishable bv a maximum penaltv of$250.00, not includin� statutory assessments. (c) Misdemeanor. A second or subsequent violation of subsection (a) of this section bv an�person within a twelve (12)month period shall constitute a misdemeanor pursuant to BMC 1.12.020(2). SECTION 2. Severabilitv. If any one or more sections, subsections, 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. SECTION3. 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 , 2015 GREG WHEELER, Council President Approved this day of , 2015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. R.\Lcgal\Legal\Ordinances\City Council\Chaptcr 7 OS Prohibited Animals-Goats3 docx 3 Prohibited Animals AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5284 amending Study Session Date: 08/26/15 BMC Chapter 9.48 entitled "Fireworks" COUNCIL MEETING Date: 09/02/15 Department: Fire Presenter: AI Duke Phone: 473-5380 SUMMARY: The proposed ordinance amends Chapter 9.48 of the Bremerton Municipal Code by limiting the time frame for applying for firework sale permits (May 1 —June 1); requiring applications for Public Display permits to be submitted at least 30 days prior to the scheduled display; prohibiting "Chinese Lanterns" and similar devices with open flames; authorizing the Fire Chief to prohibit all fireworks during times of extreme fire danger; and authorizing the Police Chief or designee, in addition to the Fire Chief or designee, to enforce Chapter 9.48, except those provisions wherein authority is explicitly provided to the Fire Chief. ATTACHMENTS: 1) Ordinance No. 5284 amending Chapter 9.48 BMC FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5284 amending Chapter 9.48 of the Bremerton Municipal Code entitled "Fireworks" COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5284 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.48 of the Bremerton Municipal Code entitled "Fireworks." WHEREAS, the current provisions of Chapter 9.48 of the Bremerton Municipal Code relating to fireworks does not allow the City to prohibit the discharge of fireworks during periods of extreme fire danger; and WHEREAS, the City Council desires to update the provisions of Chapter 9.48 of the Bremerton Municipal Code in order to provide the Fire Chief with the authority to prohibit the discharge of fireworks during periods of extreme fire danger; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.48 of the Bremerton Municipal Code entitled "Fireworks" is hereby amended to read as follows: 9.48.010 PERMIT - REQUIRED - FEE. Application for all local fireworks permits including applications for a permit to conduct a public display of fireworks required by the State fireworks law, Chapter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. The Fire Chief or his or her designee is responsible for review of any application for a permit for the sale of fireworks or for a public display of fireworks. If the application meets the requirements of State law and this chapter, the Fire Chief or his or her designee is authorized to grant the application and issue a permit. (a) Sale of Fireworks. A permit for the sale of fireworks shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the State Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only. (2) The applicant shall have and keep in full force and effect a policy of insurance approved by the City's Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. (3) The location of a proposed place of business shall comply with the zoning ordinances of the City. (4) The applicant shall provide a land lease agreement for the location of the proposed place of business signed by the land owner or his authorized representative. (5) The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. 1 Chapter 9.98 BMC-Fireworks (6) The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand. (7) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale. (8) No permit applications shall be processed before the first dav of Mav or accepted after the first day of June of the year of sale. (9) The applicant shall post a fifty dollar($50.00)cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars($50.00). (b) Public Display of Fireworks. A permit for a public display of fireworks shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW. (1) It shall be unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without having obtained a valid permit issued pursuant to the provisions of this chapter. (2) Permit applications for the Public Displav shall be submitted in full a minimum of 30 days prior to the scheduled display. 9.48.030 STANDS-CONFORMANCE TO REGULATIONS REQUIRED. (a) Only"common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the written rules and regulations of the Fire Chief of the City.No device, product or effect similar to Chinese Lanterns containing an onen flame, shall be sold, dischar�ed or released at anv time. (b) Each fireworks stand shall have an adult(eighteen (18) years of age or older) in attendance at all times.No person under the age of sixteen(16) years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON LJNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED." (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws of the State of Washington and this chapter. It shall not be legal to use or discharge fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31 st of any year until 1:00 a.m. on January 1 st of the subsequent year. Only "common fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period. (b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code. 2 Chapter 9.48 BMC-Fireworks (c) The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. 9.48.050 STATE STATUTE APPLICABILITY. This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. n �n�n DL'lU A i TV �l1D llillT A Til11�T r.� rrrnrrr vrc�-rvarrrrvr�. � „4'rL.e L': o!"L.:oF„4'rl.e!'':r. �L...11 L,o :1+. „F.. �,70 0 �l.�l.l��. f;,,o �� o��G`'a .. . ,... . ..,.. .., .,...,��...... " � �. --=---= ------ -- --- --- ------ ----=-- - � o-.: ---�,�,._. - - �o -- o---v -- -- ------- r----'- --" -� " e«�.,..,.,,,..a a„ii.,..� ie i nnm ,...t,..: ..�..��*„ o ma „ �...�nm a., ,-i.,.«�. �.,,.o...* , � . t#�t-a�3e��s��t-ixgt�e-�e�ts�o��t� .,�u�,rr-� n n4 n�n ��..,�i i.o„,:t..,��., ,. ;�ao...e„�,.... � �t�,. ...:«� � ...:...,,,� «,... ......:�,. ,�.i.,«:,-,., ��'+t�v.. ��'.t�:., „t�n�,r�_ 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. Durin�neriods of extreme fire dan�er, the Fire Chief mav prohibit the dischar�e of all fireworks. For the purpose of this section, "extreme fire dan�er" means a period of hot, dry weather accompanied bv low fuel moistures. It is durin�s period that wildland fires can be expected and fire growth will be accelerated. 9.48.080 ENFORCEMENT. ��:��-��'��^�*�;� ^'��+�� The Police Chief, or desi�nee, and the Fire Chief, or desi�nee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authoritv is explicitiv provided to the Fire Chief. 9.48.090 PERMIT REVOCATION OR SUSPENSION -AUTHORITY. The Fire Chief or his or her designee may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: (a) Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; (d) Has had any insurance coverage required by this chapter cancelled, revoked, or lapsed. 3 Chapter 9.48 BMC-Fireworks 9.48.100 PENALTY FOR VIOLATIONS. (a) Violation. It shall be unlawful for any_person to sell, use, transfer, dischar� ignite or otherwise cause to explode common fireworks, or to commit any other violation of the provisions of this chapter. (b) Civil Infraction. Except for subsection (d) of this section, any violation of subsection(a) of this section shall constitute a civil infraction punishable bv a maximum penaltv of$250.00, not including statutorv assessments. (c) Misdemeanor. A second or subsequent violation of subsection (a)of this section �any_person within a twelve (12) month period shall constitute a misdemeanor punishable pursuant to BMC 1.12.020(2). �dl Gross Misdemeanor. An�nerson violatin�provisions of BMC 9.48.060 shall be �v of a�ross misdemeanor punishable pursuant to BMC 1.12.020(1). (e) Seizure and Disposal of Fireworks. In addition to the penalties provided in this section, the Police Chief, or desi�nee, and the Fire Chief, or designee, mav seize and dispose of fireworks that are possessed, sold,purchased, offered for sale, andlor used in violation of this chapter according to the seizure and forfeiture�rocedures contained in RCW 70.77.435 and 70.77.440. SECTION 2. Severabilitv. If any one or more sections, subsections, 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 3. Ef�ective Date ofAmendments to Chapter 9.48 BMC. Pursuant to RCW 70.77.250, the effective date of the amendments to Chapter 9.48 of the Bremerton Municipal Code set forth in Section 9.48.070 of this ordinance as amended herein shall take effect and be in force one year from the effective date of this ordinance. ' SECTION 4. E(�fective Date of Ordinance. 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 , 2015 GREG WHEELER, Council President Approved this day of , 2015 PATTY LENT, Mayor 4 Chapter 9.48 BMC-Fireworks ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTNE the day of , 2015 ORDINANCE NO. R:\Legal\Legal\Ordinances\Fire\Chapter 9.48 BMC-Fireworks l.docx 5 Chapter 9.48 BMC-Fireworks ' 2015 FIREWORKS STATS _ - - - - .._. -- -- - - Name or Stand Applicant Organization Location Address Knights of Columbus 2515 Burwell Tacoma Western Fireworks Safeway-Callow Aurora OR US Submarine Vets 4207 Kitsap Way Tacoma' Bremerton Four Square 5610 Kitsap Way Bremerton , Abundant Hope Fellowship 2900 Wheaton Way Tacoma" Western Fireworks 4080 Wheaton Way Aurora OR Bremerton Football 4212 Wheaton Tacoma" Pyro Dave's 4320 Wheaton Way Port Orchard J&M LLC 4207 Wheaton Way Orville,WA Boomtown Productions 1111 E.Riddell Seabeck Gene Yount 2901 Perry Tacoma" FIREWORKS RELATED INCIDENTS DATE TIME INCIDENT# ADDRESS INCIDENT TYPE 7/412015 16:23 2015-17846 380 Nollwood Lane Brush 7/4/2015 18:05 2015-17860 1407 Henry Brush 7/4/2015 19.20 2015-17873 13&Chester Brush 7/4/2015 21:29 2015-17900 450 NE Veta Brush 7/4/2015 21 39 2015-17905 13th&Hayward Brush 7/4I2015 ' 21:44 2015-17907 1200 Charleston Nothing Found 7/4/2015 21:50 2015-17910 1905 Cashm2re SE Cancelled 7/4/2015 22:14 2015-17918 1211 10th Street CO Detector 7/4/2015 22:15 2015-17919 2113 E Highlands Fire Out 7/4/2015 22 15 2015-17920 Shorewood Dr Nothing Found 7/4/2015 2z 21 2015-17923 4840 Kitsap Brush 7/4/2015 22:23 2015-17931 2128 Synder Brush 7/4I2015 2236 2015-17933 2149 Wycoff Nothing Found 7/4/2015 22:42 2015-17934 2403 Veldee Brush 7l4I2015 22:40 2015-17935 943 Ash Fire Out 7/4l2015 22�44 2015-17938 2102 11th Street Canceiled 7/4/2015 22:35 2015-17940 3951 Broadmoor Fire Out 7/4/2015 22:57 2015-17946 1338 Bertha Nothing Found 7/4/2015 23 17 2015-17954 2615 25th Brush 7/4/2015 23:35 2015-17964 2671 Tracyton Nothing Found 7!4/2015 23:40 2015-17968 907 Wilbert Brush 7/5/2015 0:14 2015-17984 523 Constitution Brush 7/5/2015 0.30 2015-17990 3000 15th Street No Fire Found 7/5/2015 2:08 2015-17997 1923 6th Injury 7/5/2015 7:16 2015-18015 1920 6th Fire Out • 2015 FIREWORKS STATS TOTAL #OF INCIDENT# INCIDENTADDRESS DISPATCH C IME TIME PERSONNEL TIME 16:40 0�09 6 2015-17846 380 Nollwood Lane 16:23 1.50 9 1407 Henry 18:05 18:46 2015-17860 2 38 11 13&Chester 19:20 19:33 2015-17873 2 gg 11 450 NE Veta 21:29 21:49 2015-17900 1.60 8 13th&Ha ard 21:39 22:00 2015-17905 � 0.10 � 1200 Charleston 21:�4 21:50 2015-17907 0.16 2 21:55 2015-17910 1905 Cashmere SE 2��50 1.30 �3 1211 10th Street 22:�4 22'25 2015-17918 0.33 2 22:25 2015-17919 2113 E Highlands 22:15 0.00 2 Shorewood Dr 22:15 22:15 2015-17920 2�p 6 4840 Kitsap 22�21 22:45 2015-17923 0.43 2 2128 Synder 22:32 22:45 2015-17931 0.46 4 2149 Wycoff 22:36 22:43 2015-17933 q 2403 Veldee 22:43 22:49 0.40 2015-17934 g 943 Ash Street 22:41 22:47 0.50 2015-17935 q 22:46 0.13 2015-17938 210211th Street 22:44 2 22:40 0.16 2015-17940 3951 Broadmoor Loop 22�35 11 1338 Bertha 22:57 23:08 0.73 2015-17946 q 23:40 0.86 2015-17954 2615 25th Street 23:17 2 23:41 0.20 2015-17964 2671 Tracyton Beach 23:35 9 907 Wilbert 23:40 23:49 0.45 2015-17968 10 0:40 1.00 2015-17984 523 Constitution 0:14 Z 0:45 0.50 2015-17990 300015th Street 0.30 2 1923 6th Street 2:08 2:26 0.60 2015-17997 � 2015-18015 1920 6th Street 7:16 7:22 1.05 ' 19.49 140 Personnel Hours 2006 2007 2008 2009 2010 12 12 10 12 11 #of Stands 14 g 16 3 #of Incidents 8 0.47 Total Time 3.27 5.26 1.36 3.24 2011 2012 2013 20'i4 2015 10 12 13 10 11 #of Sfands 4 4 7 25 #of Incidents $ 2.55 19.49 Total Time 9.19 3.71 2.5� Number of Calls Hourly for 1st week of July 2015 zso zoo � � iso � F� Vsoo so _ � . _ - J;�� 0 12:00:00 1:00:00 2.00:00 3.00:00 4.00:00 5:00 00 6:00:00 7:00:00 8:00:00 9:00:00 10:00:00 11.00:00 12:00:00 1:00:00 2:00�00 3:00:00 4:00:00 5:00:00 6:00:00 7:00:00 8:00:00 9 00:00 10.00:00 11:00:00 AM AM AM AM AM AM AM AM AM I AM AM AM PM PM PM PM PM PM PM I PM PM PM PM PM �—7/1/2015 16 15 4 4 4 5 10 11 21 28 36 27 I 58 36 24 40 45 52 35 53 43 49 28 I 30 �•7/2/2015 22 19 8 10 7 5 6 8 19 23 36 27 27 36 33 27 32 51 34 37 31 69 56 46 �`„1—7/3/2015I 17 I 18 18 8 I 6 6 5 13 20 22 29 35 I 41 I 45 39 I 46 32 30 21 38 45 64 81 51 �7/4/2015 27 12 12 11 6 4 3 3 16 20 42 33 40 28 42 40 67 68 67 59 75 180 223 209 �7/5/2015 85 33 21 2Z 9 9 15 7 16 33 25 24 26 31 37 17 26 56 40 38 32 54 35 I 21 --p--7/6/2015 27 9 7 12 10 13 12 20 18 35 36 42 62 73 56 29 42 34 37 26 45 37 32 11 �n�a I , � � From: Christine Grenier on behalf of City Council Sent: Monday, August 31, 2015 12:20 PM To: 'Philip Daubenspeck' Subject: Citizen Letter-Temporary Fireworks Ban (Philip Daubenspeck) Mr. Daubenspeck, Thank you for your comments on the Fireworks issue. I have provided your letter to Council Member Dino Davis and the remaining Council Members for their review and consideration when this issue is discussed at the September 2 Council Meeting under General Business Item 8C. A copy of your letter will be included in the record. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 -----Original Message----- From: Philip Daubenspeck [mailto:phildaub@me.com] Sent: Monday,August 31, 2015 9:02 AM To: City Council Subject: District 5-firework ban Dino, Good morning! I am writing this email because I see that a proposal to allow the fire Chief, at his sole discretion,to implement a temporary ban on the sales and use of fireworks in the city of Bremerton is on the table. I have a few concerns about this.The first is I have a HUGE concern about that power being given to one person! With no recourse or appeal process. I would prefer that a resolution be adopted that allows the council to vote on a temporary ban when the chief proposes it. I understand the good having a law like this on the books could be, but I am concerned that it puts to much power with one person. Who decides what extreme danger is?What if the entire council disagrees with the Chief.You will have no recourse. The second concern I have is the literally hundreds of thousands of dollars these stand bring in for non profit organizations in our city. I work for a non profit that has done fireworks for several years.We have 1 tent and usually bring in over$15,000 in profit that week. For a smaller non profit that is a huge shot in the arm. What is the other effect this could have on our community?A non profit may be able to go one year without that income but it would become something you could not count on for income. It would not be able to be listed in our budget moving forward as it would not be a reliable source of income. Please understand I am not opposed the the emergency ban. However I am concerned that the power and authority would be placed in the hands of one person. As an operator of a firework stand in the city limits I have seen first hand how Bremerton's fire marshal/department have required us to go above and beyond what the state and county requirements are for safety. It is my concern that � same mode of operation will apply to this new law. If it's sunny on the 4th of July fireworks will be banned. Or if there is a risk of fire in eastern Washington we will suffer here, even though we would be at a very low risk. Besides having more calls in the entire county to 911, was there anything out of the ordinary this past 4th? I don't believe there was. I also believe fireworks would have been banned this year. Please use your best judgement, but please hear one of your citizens asking you not to place this power and authority on one person. Please ask the proposal to be amended so that the council has the power to enact a temporary ban not the fire Chief. Sincerely, Phil Daubenspeck Phildaub@me.com 503 Olympic Ave. 2 From: Christine Grenier on behalf of City Council " Sent: Wednesday, September 02, 2015 2:55 PM To: 'deborah woolston' Subject: Citizen Letter- Temporary Fireworks Ban (Deborah Woolston) Ms.Woolston, Thank you for your comments on the Fireworks issue. I have provided your letter to Council Member Roy Runyon and the remaining Council Members for their review and consideration when this issue is discussed at tonight's Council Meeting under General Business Item 8C. A copy of your letter will be included in the record. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 -----Original Message----- From: deborah woolston [mailto:dhwoolston@vahoo.comJ Sent:Tuesday,September 01, 2015 7:23 PM To:City Council Subject:fireworks ban To Roy Runyon: I urge you to vote for the fireworks ban to be considered at the Sept. 2 City Council meeting. The ordinance gives the appropriate public safety officials the ability to ban fireworks in dangerous conditions such as the hot, dry summer of 2015. Thank you for your consideration. Deborah Woolston Resident and Neighborhood Watch Captain, Marine Drive 1 A !\ t t'. � � AGENDA BILL , CITY OF BREMERTON � � GTY COUNCIL SUBJECT: Public Hearing and Resolution Study Session Date: August 26, 2015 No. 3252 to adopt the 2016 CDBG/HOME COUNCIL MEETING Date: September 2, 2015 � Policy Plan Department: DCD-Block Grant Presenter: Sarah Achaoui Phone: 360-473-5375 SUMMARY: Community Development Block Grant Staff has completed the 2016 Policy Plan. The Policy Plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD CDBG and HOME funds. We would also like to announce that the Request for Funding Proposals for CDBG funds will be released on September 1S'and due on September 30'n All potential applicants must attend a mandatory TA session. 9 ATTACHMENTS: 1) Staff Memo 2) Resolution 3) 2016 CDBG/HOME Policy Plan FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts to the City. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3252 adopting the 2016 CDBG/HOME Policy Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 . -------------------, ^_._.�_� ..__ .._ .....------_.-_.._._r...._.___.__, i �; ��.��,�,,.,,` � .�� `_�± - . .... _.,E � DEPARTMENT OF � ,;.. � { i I ; COMMUNITY DEVELOPMENT 'i.`.�: + .�_ � ; � if ,C .i (� �,:�� Y � I MEMORANDUM �! '("��:�`�(�`_ ----^� I i� "�� =-�_' ``� �S I � �` ` ` � -�- � ; .-�__�..._..+,`_, � � �" - - _ : . .. .. . . . . � �--- - - ��..__._ I To: Bremerton City Council From: Sarah Achaoui Date: August 10,2015 Re: Public Hearing to adopt the 2016 Policy Plan What is the Policy Plan? The Policy plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD Block grant and HOME funds. Important components of the Policy Plan Mandatorv Technical Assistance Session All potential applicants must attend a technical assistance session.This session will be held on Wednesday,September 9th from 10-12pm at the Norm Dicks Government Center in the Mayor's Conference room. Proiect Review Committee The City will not be using a Grant Review Committee(GRC)for the use of CDBG funds, but City staff will participate in the Count�s Coordinated Grant Review Committee for HOME funds.A Project Review Committee will be assembled to review all applicants for funding.This committee will consist of the DCD Director,CDBG Administrator,one member from City Council,one from Planning Commission,and one citizen at large.Applications will be reviewed October 1-9tn Public Comment A 15-day public comment period commenced August lOth,2015 and was advertised in the Kitsap Sun. All comments received from the public by August 25th,2015 will be provided to City Council for consideration. RESOLUTION N0. 3252 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2016 City of Bremerton CDBG/HOME Policy Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an inter-local agreement with Kitsap County; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2016 CDBG allocation of$390,000. 10%to abate Blight, 15% for city-wide economic development, 55% for target area capital projects and 20% set-aside for administration; WHEREAS, the Department of Community Development Block Grant staff estimates a 2016 HOME allocation of$187,565. 10% of which will be set-aside for administration, 15% for CHDO projects, and 40% for pown Payment assistance; and WHEREAS, all funding will be allocated competitively to eligible applicants for projects that fit the requirements set forth in the CDBG regulations at 24 CFR part 570 and HOME regulations at 24 CFR part 92; and WHEREAS, the Department of Community Development CDBG/HOME staff advertised in the Kitsap SiJN and posted on the City's website on Monday, August l Oth a 15- day written public comment period commencing August l Oth, 2015, ending August 25th and open for public comment in a public hearing on Wednesday September 2nd; and WHEREAS, comments received will be shared with the City Council; 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. SECTION2. The ?016 CDBG/HOME Policy Plan attached hereto as Exhibit A is hereby adopted. SECTION3. Sever•ubilitv. 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. 2 2016 CDBG/HOME Policy Plar SECTION 4. E�fective 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk 2 2016 CDBG/HOME Policy Plan EXH I 61T A 2016 CDBG HOM E POLICY PLAN City of Bremerton Community Development Block Grant ---- ��1�'�=.:;�►� - , _ � . � ��{ � �i�� ;- ; �.�'_r ��,.y .j i ;��'� � , � , � L� ��f� � . �— --• � � � � ; ; � A 1 �`i�� ; ,�•. ; � ...,��, 1„"" ��'.'�,'s s� � } I �� r� ;.� r� `' _`1 ' �•�� M. �' • �y� �'�� 't'.. I• i� . `', � I� � �'4 �3' � � ' -J �� i r � � ��'y''ss„ �:.� � , .� � �� ,' � � ,_, `�� • �i r ,� �. i� � �i , ; � z '/ i ;� ,. J _iY '`�� . ��1LL� .` ,{, C • � • B + � ;si4�rz5 C?��t't��Tr.�SS a SP�715•��Stt4f�Sy 2016 CDBG/HOME POLICY PLAN , CDBGIHOME POLICY PLAN Contents Community Development Block Grant Program.....................................1 CDBGFunding...................................................................................1 HOMEFunding...................................................................................3 Allocation Process..............................................................................4 Policies & Regulations for Use of Funds...........................................................6 Citizen Participation Plan......................................................................14 Consolidated Plan..............................................................................14 Appendix A— Citizen Participation Plan Appendix B — Consolidated Plan Objectives � Strategies Appendix C — CDBG Eligibility Requirements & Program Rules Appendix D —Anti-Displacement 8� Relocation Assistance Plan Appendix E — HOME Eligibility Requirements � Program Rules Appendix F — Glossary Appendix G — Map z COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHAT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM? The Community Development Block Grant Program is a source of funds used in the local community to provide decent housing, suitable living environments and economic opportunities primarily for low and moderate income households. The City of Bremerton is designated as an Entitlement Community by the Department of Housing and Urban Development (HUD) and receives federal funds in the form of Community Development Block Grant (CDBG). Kitsap County and the City of Bremerton together form a consortium and receive an allocation of HOME Investment Partnership Program (HOME) funds. Through an interlocal agreement between the County and the City, 44.4% of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. CDBG funds are allocated annually through the City in Requests for Funding Proposals. HOME funds are allocated annually through a competitive grant process. Projects funded are included in the annual Action Plan submitted to HUD. Projects funded must address needs identified in the Consolidated Plan, which is updated every five years. CDBGFUNDS WHAT AR� CDBG FUNDS? The Community Development Block Grant(CDBG) program is a flexible program that provides communities with funding to address a wide range of unique community development needs. The program is authorized by Title I of the Community Development Act of 1974. Funds are used to assist in the development of decent housing, create suitable living environments, and expand economic opportunities primarily for persons of low and moderate income. All projects funded with CDBG must meet one of the three national objectives: 1. Principally benefit low and very low income households; 2. Reduce or prevent slum and blight; or, 3. Meet an urgent need (emergency or natural disaster) WHO IS AN ELIGIBLE APPLICANT/RECIPIENT? Eligible applicant/recipients include: • City or County governments • Public and private nonprofit organizations (501(c)3) • Section 301(d) small business investment companies • Local development corporations • Private for-profit organizations may implement certain economic development and microenterprise activities. � Faith based organizations • Additionally, applicants must: 3 • Demonstrate an active governing body or board of directors or other applicable leadership within your organization with skills and experience to provide leadership and direction to the agency. • Demonstrate the legal, financial, and programmatic ability to administer the proposed program/project; and, • Meet the County/City requirements for contracting agencies such as insurance requirements, audit and financial requirements. WHAT ARE ELIGIBLE ACTIVITIES? Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207. 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; � C�earance, demolition and removal and rehabilitation of buildings and improvements; • Removal of material and architectural barriers; • 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; � Commercial Rehab-Activities designed to bring commercial structures up to code or improve their facades; • Preservation, rehabilitation or restoration of historic properties; � Rehabilitation of privately owned buildings and improvements for residential purposes; • Low income public housing and other publicly owned residential buildings and improvements; • Acquisition, rehabilitation, or construction of rental housing; • Lead based paint hazard evaluation and reduction; • Assistance to private individuals and entities, including profit making and nonprofit organizations, to acquire for the purpose of rehabilitation, and to rehabilitate properties for use or resale for residential purposes; • Labor, materials and other costs of rehabilitation of properties including repair directed toward an accumulation of deferred maintenance, replacement of principal fixtures and components of existing structures, installation of security devices, including smoke detectors and dead bolt locks, and renovation through alterations, additions to or enhancement of existing structures, which may be undertaken singly, or in combination: For residential purposes • For commercial purposes: The acquisition, construction, reconstruction, rehabilitation or installation of commercial or industrial buildings, structures, and other real property equipment and improvements. These are economic development projects undertaken by 4 nonprofit entities and grantees(public entities). Subject to Public Benefit Standards detailed on page 8. The following activities are generally not eliaible 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(except for the removal of architectural barriers) • Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances • Political activities • Vehicles and Equipment Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to CDBG regulations in 24 CFR 570.201 and 570.207 What are the City's priorities for use of CDBG funds? • Revitalize targeted neighborhoods; • Improve and preserve affordable homeownership housing; � Expand economic opportunities for very-low, low, and moderate income Bremerton residents; • Abate Blight conditions downtown; • Increase homeownership opportunities for low to moderate income Bremerton residents. Appendix C provides additional information designed to assist you in defining the eligibility and national objective that your activity meets and the type of information you will need to provide in your application. , 5 WHAT IS THE SECTION 108 LOAN GUARANTEE? Section 108 is a loan guarantee provision of the CDBG program available to the City as an entitlement community. Section 108 provides communities with a means of leveraging their CDBG funds to obtain additional financing resources for economic development, public facilities, large-scale physical development projects and housing rehabilitation. Local governments borrowing funds guaranteed by Section 108 must pledge their current and future CDBG allocation to cover the loan amount as security for the loan. The decision to award a Section 108 loan to a particular project is made by HUD. The City must determine if they would like to apply for a Section 108 loan. Section 108 Loan Guarantee 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 are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207. 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 city anticipates exploring Section 108 as a resource and creating a strategy to utilize these funds beginning in 2017. HOME FUNDS WHAT ARE HOME FUNDS? The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: • Expand the supply of decent, safe, sanitary, and affordable housing; • Strengthen the abilities of state and local governments to provide housing; • Expand the capacity of nonprofit community based housing development organizations; and, • Leverage private sector participation in financing affordable housing. Beneficiaries of HOME funds— homebuyers, homeowners or tenants—must have incomes below 80% of the area median income. The HOME program also requires a match of 25% or greater in other non-federal funds for projects. For more information on specific requirements of the HOME program see Appendix E. WHAT ARE ELIGIBLE ACTIVITIES? s The Eligible activities are defined in the HOME program regulations at 24 CFR 92.205. A list of some of the activities follows: • Rehabilitation of residential property where property is fully repaired • New construction of residential property • Acquisition of residential property • Rental assistance payments to tenants • Relocation associated with an eligible HOME project • A small part(up to 5%) of the annual HOME allocation may be used to help pay the operating expenses of designated Community Housing Development Organizations (CHDOs)within the guidelines established by HUD The following activities are generally not eliqible for HOME funding: • Project reserve accounts, except for the initial 18 months of a HOME assisted new construction project • Emergency home repair programs • Public housing units • Commercial properties • Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered rental housing • Project based tenant assistance Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to HOME regulations in 24 CFR 92.205 What are the HOME priorities for the City of Bremerton? • Preservation of affordable housing for new homeownership; • Increasing homeownership opportunities for low to moderate Bremerton residents; • Rehabilitation of older housing stock to increase homeownership opportunities. ALLOCATION PROCESS HOW ARE FUNDS ALLOCATED? The City of Bremerton and Kitsap County, in conjunction with the Affordable Housing Grant Program and Homeless Housing Grant Program, conduct a competitive funding application process for HOME funds. The City will create a Request for Funding Proposal (RFP) based on its priorities for use of funds. The request for funding proposals will be released in the fall and a city-driven process will be used to determine funding allocations for CDBG. This process is detailed in the Citizen Participation Plan (Appendix A). 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. � HOW MUCH MONEY IS AVAILABLE? The amount of CDBG and HOME funds available for the annual application cycle is determined by the amount appropriated in the federal budget and HUD's formula allocation for that year. The City estimate funds available based on prior year's allocations and details will be listed in the RFP's. Applicants should request a minimum of$10,000 per application. Grant awards will typically not be awarded for less than $10,000. WHAT IS THE DISTRIBUTION OF CDBG AND HOME FUNDS� The CDBG and HOME programs allow certain set-asides to further specific program goals. The City has set additional funding targets to help meet local objectives. The following is the distribution for the City of Bremerton (local targets in italic): CDBG • Planning 8�Administration —20% max • Planning applications not accepted due to insufficient funding • Capital Projects in target area—55°/a • Economic Development-City Wide— 15%of total • Blight Abatement— 10%of total Percentages may change year by year during fhe Consolidated Plan time period HOME • Administration - 10% max • Community Housing Development Organization (CHDO) Set-Aside— 15% min • Capital Projects—75% • City of Bremerton Down Payment Assistance set-aside-$75,000 • City of Bremerton HOME funded projects Percentages may change year by year during the Consolidated Plan time period HOW CAN MY ORGANIZATION APPLY? For the 2016 program year the application cycle will begin with the release of the Policy Plan in early September and the commencement of a 15 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the Requests for Funding Proposals (RFP's)will be made available on-line. Interested organizations can find the RFP's and all associated information on the City web site at http://www.ci.bremerton.wa.us/displav.ahp?id=864. The schedule for the annual application cycle, including the due date for applications, is also available on the web site. Interested organizations may also contact Block Grant staff to request to be placed on the City interested parties list to receive automatic notices about these programs. Beginning in 2016 the annual application cycle for use of 2017 funds will begin in the spring with the publication of the Notice of Funding Availability and Policy Plan and commencement of a 30 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Bremerton City Council, the Requests for Funding Proposals (RFP's)will be made available on-line. a WHEN WILL FUNDS BE AVAILABLE? Funds for the programs' January 1 – December 31 program year are generally not available until spring or early summer of the program year. Timing is dependent on federal budget approval—which is often delayed—and how quickly HUD is then able to allocate funds to local jurisdictions. The County and City will not execute contracts with subrecipients until we have a contract from HUD. Once contracts are executed CDBG and HOME funds can only be disbursed on a reimbursement basis. POLICIES & REGULATIONS FOR USE OF FUNDS 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 familiarize yourself with the requirements. A Guidebook for recipients of CDBG and HOME funds can be found on the City web site at: http://www.bremertonwa.qov/213/Subrecipient-CDBG-HOME-Guidebook. You may also contact the City Block Grant Staff for additional assistance. A. GENERAL REQUIREMENTS 1. Consistency with applicable City, County, 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 Agencies that are currently receiving County or City CDBG or HOME funds, who are I applying for funds, must be in compliance with all terms of their current agreement(s) and must not have outstanding audit findings, monitoring findings or concerns related to prior year's funding. 2. Contract Retainage for Federal Compliance City/County will withhold up to 20% of the award amount included in the written subrecipient agreement until all federal compliance requirements are met. All construction contracts between a subrecipient(ie: your agency) and contractor shall have 10% of payment retained until fulfillment of federal compliance is documented. 3. Definition of Income Most CDBG and HOME funded projects use income to determine who is eiigible for services or housing. Per HUD, income must be defined in one of two ways under the CDBG and HOME programs; subrecipients must select one method which it will use for the duration of each program/project(rental housing projects must use the Part 5 definition): � Annual income as defined in 24 CFR 5.609, referred to as "Part 5 annual income", or; � Adjusted gross income as defined for reporting purposes under the IRS Form 1040 long form (not IRS Forms 1040A or 1040EZ). 9 For more information on determining income see the Technical Guide for Determining Income and Allowances for the HOME program. This guide and can be downloaded from: http://archives.hud.qov/offices/cpd/affordablehousinQ/modelquides/1780.pdf 4. Project/Activity Delivery Costs Block Grant staff costs directly related to carrying out a funded activity may be charged to the subrecipient grant award, reducing the amount available to the subrecipient. Project/Activity delivery costs will be charged back to capital projects only, for staff duties including but not limited to carrying out NEPA compliant environmental review, fulfilling Davis Bacon Certified Payroll review and enforcement, underwriting loans and housing inspections. For example, an agency is awarded $50,000 for a capital project, block grant retains $2,500 for completing the NEPA review, and the subrecipient agreement is written for$47,500. Staff reports the full award of$50,000 to HUD in the annual Action Plan. 5. Commitment and Timely Expenditure of Funds In order to meet regulatory requirements the City and County have established the following policies for CDBG and HOME funded projects: a. COMMITMENT: > Organizations awarded CDBG or HOME funds must enter into a written agreement with the County/City during the award year(i.e. Funds awarded for 2016 must have an agreement executed by Dec. 31, 2016). ➢ In certain circumstances a conditional commitment of funds may be made for Capital projects that do not have all project funds committed at the time of recommendation. If after 18 months of conditional commitment(from the beginning of the program year, January 1) all funds have been committed, the subrecipient will enter into a formal written agreement with the Block Grant Program. If all project funding has not been secured within the 18 months the conditional commitment will be canceled and the funds will be allocated in the next funding round. b. TIMELY EXPENDITURE OF FUNDS: > Projects using HOME funds to acquire vacant land must be under construction within 12 months of the commitment date. ➢ Organizations must begin drawing funds within one year of the contract execution date(date the contract was signed by County/City Mayor) and at least annually thereafter. c. DEOBLIGATION OF FUNDS: ➢ Organizations unable to meet these requirements will lose their funding; funds will be allocated to another eligible project. 6. On-going Restrictions for CDBG 8� HOME Funded Capital Projects HUD requires that facilities acquired, constructed or improved with CDBG and/or HOME funds be "publicly owned" and that the public interest be protected. The interest will be secured, when appropriate, through a lien on the property recorded as a deed of trust, explaining the sale and change of use provisions that accompany CDBG/HOME I 10 assisted real property. The specific terms and conditions of the public interest security agreements wiA vary depending on the type of project assisted. 7. Applying the Public Benefit Standards When CDBG funds are used for special economic development projects and/or public facilities and improvements projects undertaken for economic development purposes, grantees must ensure that a minimum level of public benefit is obtained. Note: the public benefit standards do not apply to microenterprise assistance provided under 570.201(0). The individual and aggregate activity standards must be used as follows in order to make this determination. Applying the standards for individual activities: If an activity both creates/retains jobs and provides goods/services to LMI residents of an area, the activity is only ineligible only if it fails both standards (i.e. it must meet one); The standards applied to the number of jobs projected or LMI area residents at the time funds are obligated; and If the activity is limited to job training/placement or employment services, the jobs assisted with CDBG are considered jobs created/retained for the purpose of applying the individual activity standards. Applying the aggregate standards: Entitlement communities must apply the aggregate standards to all activities for which funds were first obligated during any given program year; Grantees may elect to apply the standards to the creation/retention of jobs or to the provision of goods and services to LMI residents, but cannot count an activity under both standards; If the activity is limited to job training/placement or other employment services, the jobs � assisted with CDBG are considered as jobs created or retained when applying the aggregate standards; The following activities may be excluded from the aggregate standards: Jobs are provided exclusively for unemployed persons or participants of JTPA, JOBS or AFDC programs Jobs are provided predominantly for residents of public or Indian housing units; Jobs are provided predominantly for homeless persons; Jobs are provided predominantly for low-skilled, LMI persons and the business agrees to provide clear opportunities for promotion and economic advancement (e.g., provision of training); >> Jobs are provided predominantly for persons residing in a Census tract with at least 20 percent of the residents in poverty; Assistance is provided to businesses that operate in a Census tract with at least 20 percent of the residents in poverty; The activity stabilizes or revitalizes a neighborhood that has at least 70 percent LMI residents; Provides services or creates/retains jobs in a HUD-approved Neighborhood Revitalization Strategy Area; or With prior HUD approval, represents some other innovative approach with substantial benefits to LMI residents. B. HOME �UNDING - SPECIFIC REQUIREMENTS � 1. For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please see Appendix E HOME Eligibility Requirements and Program Rules. C. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix C CDBG Eligibility 8� Program Requirements. D. FINANCIAL MANAGEMENT 1. Uniform Administrative Requirements Agencies which are qovernmental entities must comply with the requirements and standards of: ➢ OMB Circular No. A-87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" `r OMB Circular A-128 "Audits of State and Local Governments" ➢ 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (certain sections) Non-qovernmental agencies, acting as subrecipeints, must comply with the requirements and standards of: ➢ OMB Circular No. A-122, "Cost Principles for Non-Profit Organizations" or OMB Circular No. A-21, "Cost Principles for Educational Institutions" r OMB Circular A-133"Audits of Institutions of Higher Education and Other Nonprofit Institutions" y 24 CFR Part 84 and OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non-Profit Organizations". iz 2. Audit Requirements 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 Organizations. Agencies are responsible to meet this audit requirement. Agencies that do not meet the $500,000 threshold mandatory A-133 audit are encouraged to obtain an annual audit if their operating budget is $100,000 or greater. Smaller agencies are encouraged to obtain at least a third-party annual financial review. Block Grant staff will review financial information closely for all agencies submitting application. E. PROCUREMENT Any subrecipient using CDBG or HOME funds to purchase goods or services must have a formalized written procurement procedure in place prior to contracting for any goods or services. Procurement requirements are contained in 24 CFR Part 85 for governmental entities and 24 CFR Part 84 for Non-Profits, Institutions of Higher Education and Hospitals. Additional information on procurement requirements can be found in Section E of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web sites. F. ENVIRONMENTAL REVIEW 1. Environmental Review(24 CFR Part 58) All CDBG/HOME projects must have a NEPA compliant environmental review process completed before any funds, including funds committed from other sources, can be spent on the project. Additional information on environmental review requirements can be found in Section F of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. The costs associated with conducting a NEPA compliant environmental review for Capital CDBG and HOME funded projects may be charged to the grant award as project costs(HOME) or activity delivery costs (CDBG). Cost will vary depending on the level of review and complexity of the project and include staff time, cost of publishing required legal ads•and printing costs. The cost of any studies required to complete the i environmental review(i.e. Phase I Environmental Site Assessment, Geotechnical. Report, Cultural Site Assessment, etc.)will be in addition to the costs associated with preparation of the NEPA environmental review and will be the responsibility of the subrecipient. G. EQUAL OPPORTUNITY 8� ACCESSIBILITY 1. Fair Housing and Equal Opportunity All CDBG/HOME projects must comply with all of the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity: 13 a. Title VI of the Civil Riqhts Act of 1964: No person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal assistance on the basis of race, color or national origin (24 CFR Part 1). b. The Fair Housinq Act: Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status(24 CFR Part 100-115). c. EQual Opportunitv in Housinq: Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property, or in the use or occupancy of housing assisted with Federal funds (24 CFR Part 107). d. AQe Discrimination Act of 1975: Prohibits age discrimination in programs receiving Federal financial assistance (24 CFR Part 146). e. For more information on eliminating discrimination visit www.hud.4ov/offices/fheo/qroqdesc/title8.cfm 2. Handicapped Accessibility CDBG and HOME funded projects are subject to the following regulations governing the accessibility of Federally-assisted buildings, facilities and programs. a. Americans with Disabilities Act: Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act requires certain buildings or other facilities that receive Federal funds to be designed, constructed or altered in accordance with standards that insure accessibility to and use by physically handicapped people. b. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap. c. Additional information on equal opportunity and accessibility can be found in Section G of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. H. LABOR STANDARDS 8 CONSTRUCTION 1. Equal Opportunity for Employment and Contracting CDBG and HOME funded projects are subject to the following regulations governing employment and contracting opportunities. a. EQual Emplovment Opportunitv: Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000 (41 CFR Part 60). b. Section 3 of the Housinq and Urban Development Act of 1968: Requires that, to the greatest extent feasible, opportunities for training and employment arising from CDBG or HOME funded projects will be provided to low-income persons residing in the program service area. c. MinoritvNVomen's Business Enterprise: Outreach to minorities and women in contracting for services (24 CFR 85.36(e)). 2. Labor Requirements 14 CDBG and HOME projects must comply with certain regulations on wage and labor standards. Pursuant to the Davis-Bacon Act, federal wage rates apply to most(but not all) construction projects over$2,000. Applications that involve construction must consider Davis-Bacon wage rates in the budget. The costs associated with the review of Certified Payrolls and compliance with DBRA requirements may be charged to the grant award as project costs (HOME) or activity delivery costs(CDBG). Cost will vary depending on the complexity of the project a. Davis-Bacon and Related Acts: Ensures that mechanics and laborers employed in construction work under federally assisted contracts are paid the Federal prevailing wage for the locality. b. Contract Work Hours and Safetv Standards Act: Provides that mechanics and laborers employed on federally assisted construction jobs are paid time and one-half for work in excess of 40 hours per week. c. Copeland (Anti-Kickback)Act: Governs the deductions from paychecks that are allowable. More information on Davis Bacon requirements can be found in Section I of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites 3. Lead-Based Paint Hazard (24 CFR Part 35) Housing built before 1978, assisted with HOME or CDBG funds, is subject to the Lead- Based Paint Poisoning Prevention Act. The law imposes requirements related to: � Disclosure of known hazards and what has been done to reduce them; • Treatment, relocation during treatment, and ongoing inspection of units. Project feasibility is an important consideration for housing with lead-based paint. Recipients of CDBG or HOME funds will need to be aware of the potential for additional time and cost associated with lead-based paint hazards. Information on Lead-Based Paint requirements can be found in Section I of the CDBG/HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. 4. Compliance with Codes & Standards for Rehabilitation and New Construction a. All capital projects funded with CDBG or HOME must comply with local building and fire codes. b. All HOME funded Rehabilitation projects must comply with the Rehabilitation Standards adopted by the Kitsap County& City of Bremerton Block Grant Program. c. All rental housing units purchased and/or rehabilitated with CDBG or HOME must pass a Uniform Physical Conditions Standards inspection. d. All housing must comply with the applicable accessibility requirements for persons with disabilities. I. REPORTING 8� MONITORING All programs and projects funded with CDBG or HOME funds will be required to submit quarterly reports. Reports will be provided by the Block Grant Program and may be submitted electronically. Annual on-site monitoring is conducted by staff for all open contracts. A monitoring checklist is used by staff to review compliance with the requirements of the written agreement and federal regulations. Agencies will be contacted at the end of the program year to schedule the monitoring visit. 15 J. ACQUISITION 8 RELOCATION 1. Uniform Relocation Assistance 8 Real Property Acquisition (49 CFR Part 24) These regulations apply to any federally-assisted project involving acauisition, demolition or rehabilitation. Proposals for CDBG and HOME funded projects that are likely to cause displacement of people or businesses are discouraged. Any project that is likely to cause displacement must include relocation assistance payments in the budget and be consistent with the federal Uniform Relocation Act. Projects which trigger this regulation must follow the Anti-displacement and Relocation Assistance Plan included in Appendix D. If your project includes acquisition, rehabilitation or demolition you are strongly urged to discuss the requirements with Block Grant staff before entering into any legally binding agreements. 2. Minimizing the Loss of Low and Very Low Income Dwelling Units (24 CFR Part 42) Any CDBG/HOME proposal that would directly result in any occupied or vacant occupiable 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. Projects which trigger this regulation must follow the Anti-displacement and Relocation Assistance Plan included in Appendix D. I CITIZEN PARTICIPATION PLAN HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and HOME funds. The plan details the process used by the City in development of the Consolidated Plan and annual application cycle which results in the Action Plan submission to HUD. The Kitsap County/City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. CONSOLIDATED PLAN WHAT IS THE CONSOLIDATED PLAN? The Consolidated Plan rolls the planning, application and performance reporting requirements of several programs run by HUD into one process and one document. In our community the Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for affordable housing) programs jointly for the City of Bremerton and Kitsap County. The plan covers a 5-year period. The Consolidated Plan requires a jurisdiction to identify all of its housing and community development needs, and then develop a lonq-term strate4v for meeting those needs. A key part �s of the strategy is setting priorities. The Plan identifies priority housing needs, non-homeless special needs, homeless needs, economic development and community development needs. The Consolidated Plan also indicates what pro4rams and resources will be used over the 5-year planning period. The plan contains objectives and strategies to address the identified needs and estimates the resources needed to fund activities to address the different needs. WHAT ARE THE KEY PARTS OF THE PLAN? A. Housing 8 Community Developmenf Needs Assessment This is the part of the Plan that has U.S. Census Bureau information and other information which presents a picture of the jurisdiction. People are the focus of the "Needs" section of the plan. The emphasis is on the human side of housing and community development including the needs of homeless people, people with special needs and those who are low-income. B. The Housing Market Analysis This part of the Plan describes the physical "bricks and mortar," side of housing —the supply side of housing. It looks at what housing exists. When the housing conditions in this part of the plan are lined up with human needs in the previous part of the plan, a clear picture of what must be done should emerge. C. The Strafegic Plan The Strategy is the part of the Consolidated Plan where the County and City sets out how it intends to use its CDBG and HOME funds from HUD's Department of Community Planning and Development over the next five years. The strategy must declare what priority the local government will give to the various housing and community development needs identified earlier in the Consolidated Plan; the activities designed to respond to those needs; and the different geographic areas where needs exist. D. Annual Action Plan The Action Plan is the one-year plan a jurisdiction must have to show how it is carrying out its long-term Strategic Plan. It shows how the jurisdiction will spend its CDBG and HOME money in the upcoming year. Kitsap County and the City of Bremerton use an annual application process through which funds are competitively awarded. Note: The Objectives & Strategies from the Consolidated Plan are included in Appendix B. The full text of the Consolidated Plan is available on both the County and City of Bremerton web sites and also available upon request. GLOSSARY A Glossary of terms has been included in Appendix F. �� Appendix A Citizen Participation Plan (Updated 7/30/2015) ,8 CITY OF BREMERTON AND KITSAP COUNTY CITIZEN PARTICIPATION PLAiV Introduction The City of Bremerton receives both Community Development Block Grant(CDBG) and HOME Investment Partnership (HOME)funds. The City receives its own CDBG funds as an entitlement, and HOME funds through its membership in a Consortium with Kitsap County. The City of Bremerton is committed to assuring opportunities for citizen involvement in decisions. concerning activities taking place within the community. 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 involvement in decision making. In order to facilitate citizen involvement, the City has adopted a Citizen Participation Plan. Beginning in 2015, the City of Bremerton has removed its CDBG funding from the Grant Recommendation Committee Process with Kitsap County. However the City still participates with the Homeless Housing Grant Program and the Affordable Housing Grant Program in the combined funding 8� application process. This combined process includes a single application for funds, a single Grant Recommendation Committee (GRC) process and funding recommendation for use of HOME funds and Homeless Housing Grant Program. Funding recommendations are approved by the Kitsap Board of Commissioners for County CDBG/HOME funds and by the Bremerton City Council for City CDBG/HOME funds. Purpose � The purpose of the Citizen Participation Plan is to provide an on-going 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 by: I • Low- and moderate-income persons, particularly those living in blighted areas. • Residents of predominately low-and moderate-income neighborhoods. • Minorities and non-English 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 community. Annual Allocation Process / Action Plan Subrnission The City of Bremerton as an entitlement jurisdiction will conduct a competitive annual process 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 HUD. A. Notice of Funding Availability 8 Application Beginning in 2016 each year in the spring a notice will be published in the newspaper of record to announce funding avaiiability and provide an opportunity for comment on the CDBG/HOME Policy Plan. This notice will begin a 30-day comment period on the Policy Plan (including the Citizen Participation Plan) and include the date and time of public hearings to take citizen comments. Notifications will also be sent to any agency or organization who requests to be placed on our interested parties email list. is Upon approval of the Policy Plan by the Bremerton City Council, information about the Request for Funding Proposals and mandatory technical assistance session will be available from: City of Bremerton, Community Development Block Grant 345 6th Street, Suite 600, Bremerton, WA 98337-1873 http://www.bremertonwa.qov/209/Consolidated-Planninq or by contacting Sarah Achaoui sarah.achaoui(c�ci.bremerton.wa.us or by phone at 360-473- 5375 All applicants who have never applied for or received Community Development Block Grant Funds are required to participate in this technical assistance session. Applications will be made available in a format accessible to persons with disabilities upon req uest. Application submittal instructions and due date are included in the Notice of Funding Availability(NOFA). Applications must be submitted online and require access to the internet. B. Technical Assistance At least one mandatory technical assistance session will be held for those interested in applying for funding. During the session, staff will provide information to citizens concerning who can apply for funds, funds expected to be available, 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. The date and time of the technical assistance session(s)will be published when the policy plan is adopted and the Request for Funding Proposals released, included in the schedule posted on the web sites and emailed to all interested parties on the current interested parties list. In addition to the mandatory Technical Assistance described above, City Block Grant staff is also available by appointment for one-on-one Technical Assistance to provide guidance to citizens and organizations regarding specific project considerations. At any time, any citizen may contact the City or County Block Grant Divisions for technical assistance or general information 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 and/or HOME programs and the funding process. This session, for CDBG applicants will be held on September 9th, from 10:00 am-12:00 pm at the Norm Dicks Government Center in the Mayor's Conference room. C. Application Review 8�Grant Recommendation Committee Process The Grant Recommendation Committee will be used to review applications for HOME funds. The City of Bremerton will be using a Project Review Committee to review applications for CDBG funds. Applications will be initially reviewed by Block Grant Staff to determine compliance with technical requirements including eligibility for CDBG and/or HOME funds. Applications which are found not eligible for CDBG or HOME funds or Homeless Grant Program or Affordable Housing funds, will be disqualified and the applicant will be notified. Eligible applications will be reviewed and evaluated by staff for organizational and financial capacity, will be intereviewed, and will forward a recommendation to City Council. The Council will review all zo recommendations, and select the projects for funding based how they address needs & objectives identified in the 2016-2020 Consolidated Plan. The Project Review Committee (PRC)will be formed consisting of the DCD Director, CDBG Administrator, one member from City Council, one from the Planning Commission, and one citizen at large. The role of this committee is to Read all applications and complete independent, scored reviews, review projects for community need and benefit, review evaluations, conduct interviews, and discuss, rank and recommend projects for funding. The PRC will provide recommendations to City Council and the Council will have the opportunity to approve all the final recommendations. D. Funding Recommendations 8 Action Plan Organizations submitting applications will be notified whether or not the staff has recommended their proposal for funding. The City Council will consider the staff recommendation, will hold a public hearing on the proposal, will take public testimony and will adopt the funding package. All projects approved for funding will be included in each jurisdiction's Action Plan. A summary of each Action Plan will be published in the newspaper of record and on the City's and website. The summaries will describe the contents and purpose of the Action Plans, and include a list of locations where copies of the entire proposed plans may be examined. Citizens will be provided a period of at least 15 days to review and comment on the plans. Comments or views of citizens will be considered, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final Action Plan which will be submitted to HUD. The City of Bremerton will submit the Action Plans, including the projects proposed to be funded, to HUD no later than November 15'h of each calendar year. 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 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 Consolidated Plan is available online at: ■ http://www.bremertonwa.qov/209/Consolidated-Plannina (scroll down for a link to the documents) ■ A printed copy may be requested from the City of Bremerton Block Grant Divisions There are a number of specific elements in the 5-Year Consolidated Plan, including: • Needs Assessment: an assessment of housing needs (primarily of low and moderate income people) and needs of homeless people; • Housing Market Analysis: an analysis of the City of Bremerton's and Kitsap County's housing market; • Strategic Plan: a discussion of the City of Bremerton's and Kitsap County's priority needs to establish goals and objectives for implementing strategies which address housing and community development activities; • Citizen Participation Plan • Annual Action Plan: describes the activities that will be undertaken to address priority needs utilizing HOME and CDBG grant funds during the upcoming program year; and z� • Consolidated Annual Performance and Evaluation Report(CAPER): describes how funds were used in activities that provided benefits to low and moderate income individuals and families during the previous program year. Governments, service providers, citizens, and non-profiUfor-profit agencies are encouraged to identify needs and priorities, assist in the development of strategies, and to participate in the annual allocation process. The following are specific opportunities for citizens to participate in the development of the information to be incorporated in the Consolidated Plan, which is updated every five years: 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, including non-housing community development needs and priorities during development of the plan. 3. The City of Bremerton will coordinate with the Bremerton Housing Authority(BHA)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 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. Amendments to the Annual �►ction Plan Citizens will be notified and have an opportunity to comment on any substantial amendments proposed to the Annual Action Plan. Substantial Amendments will be published in the City's and County's newspaper of record and be subject to a 30-day public comment period to allow for comment prior to implementation of the proposed amendment. Substantial Amendments may be forwarded for review by the appropriate GRC prior to submission to the Bremerton City Council for final approval. 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 Action Plan which will be submitted to HUD. Substantial amendments include: • Changes in the use of CDBG or HOME funds from one eligible activity to another • Adding a new activity • A substantial change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds and approved by the GRC. CDBG or HOME activities awarded funds which have a substantial change in the purpose, scope, beneficiaries, location or budget will be evaluated by Block Grant Staff and may be required to submit a new application for funding in the next application cycle. Projects not expending their full CDBG or HOME award will not trigger a substantia! amendment. These funds will be re-obligated to new projects during the following year's regular application cycle. Minor Changes: Any request for a change in the amount to be expended on a program or project budget line item, 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, rp ior 22 written apqroval of these chanqes must be obtained from the appropriate Block Grant Administrator. Minor project changes may need to be formalized as an amendment to the sub-recipient Agency's contract with the City or County. 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, location or beneficiaries. All requests will be reviewed, and approved or denied by the Block Grant Administrator. Performance Reports 1. The City of Bremerton Block Grant Division will prepare and submit a Consolidated Annual Performance and Evaluation Report(CAPER)to HUD no later than March 31St of each year for the previous calendar year. 2. The CAPER will be made available for public review. Notice of Availability will be published in the newspaper of record and copies will be available on the County's and City's websites: • City of Bremerton: httq://www.bremertonwa.qov/198/Federal-Grants---CDBG scroll down to the year and CAPER file desired. 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. Public Hearings By law, public hearings are required in order to obtain the public's view and to provide the public with the City's and County's responses to public questions and proposals. Beginning in 2016 a public hearing will be held in spring for the approval of the next year's Policy Plan. A second hearing is held in November to review the proposed use of funds and adopt the Annual Action Plan. Notification of the public hearings and of 15 or 30-day comment periods will be published in the newspaper of record and will afford citizens, public agencies, and other interested parties a reasonable opportunity to examine the proposed plans and to submit comments. City of Bremerton public hearings will be held during Bremerton City Council meetings, which are held every first and third Wednesday of the month, at 5:30 pm in the meeting chambers of the Norm Dicks Government Center. Bremerton City Council agenda may be obtained at http://www.ci.bremerton.wa.us/155/Citv-Council. Public Comments Interested persons may submit comments in writing during the public comment periods, or orally at the public hearings. Written comments should be directed to: Sarah Achaoui Community Development Block Grant Administrator City of Bremerton 345 6�h Street, Suite 600 � Bremerton, WA 98337 Complaints 23 All written citizen complaints will be referred to the appropriate person(s)or agencies for action. Under normal circumstances, the Block Grant Division will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. Resources Newspaper of Record: Notification will be placed in the following newspaper under Legal Notices at least ten days before a public meeting is held concerning a program described in this plan: City of Bremerton Block Grant—The Kitsap Sun Notices may also be published on City website: City of Bremerton Block Grant Program: http://www.bremertonwa.Qov/198/Federal-Grants---CDBG 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, 1S� Floor Meeting Chambers 345 6th Street Bremerton, WA 98337 � 24 Appendix B Objectives and Strategies from Consolidated Plan zs Objectives and Strategies from Consolidated Plan HUD Program Goal: Preserve and Increase Affordable Housing-including: • Retaining the affordable housing stock; • Increasing the availability of affordable housing for low and moderate income families; • Providing affordable housing that is accessible to job opportunities Housing Objectives H-1 Improve and preserve the quality of affordable housing including both owner occupied and rental housing, serving low-income households H-2 Provide a range of affordable housing types and densities while emphasizing high quality development, proximity fo transportation and services, adequate public infrastrucfure and efficient use of land. . H-3 Promote fair housing for all members of the community without discrimination on the basis of race, color, religion, sex, national origin, familia!status, disability or sexual orienfation. H-4 Expand homeownership opportunities for low and moderate income homebuyers. H-6 Expand housing opportunities through an increase in the supply of decent, safe, and affordab/e rental housing, renta/assistance and supportive housing with services. H-7 Evaluate, and when present reduce, lead based paint hazards. H-8lmprove the safety and livabilify of low-income neighborhoods. Housing Strategies 1, Acquisition and New Construction:The City will support land acquisition, development and construction of new affordable housing units. Housing constructed on the land may be rental or homeownership. Ownership housing to target very low-income and low income households; rental housing to target extremely low-income and very low-income households. (H-2, H-4, H-6). 26 2. Energy Efficiency Measures: Preserve and improve energy efficiency of affordable housing units through weatherization and other efficiency measures. (H-1, H-7). 3. Fair Housing: The City will provide for fair and equal housing opportunities for all persons through the following activities: a. Conduct a Fair Housing educational seminar for housing providers, real estate professionals and lenders (H-3) b. Provide no-cost fair housing educational resources and referral (H-3) 4. Homebuyer assistance: The City will support assistance to low to moderate income homebuyers to subsidize the purchase of a home. (H-4) 5. Mixed-Income Projects: Support mixed-income housing projects that include affordable unities through targeted use of funds for units, which will be occupied by households with incomes at or below 80% AMI. (H-2, H-4, H-6) 6. Multi-Family Rental Rehab: The City will support acquisition and rehabilitation of existing multi-family rental housing. (H-1, H-6) 7, Neighborhood Improvement: Implement housing and neighborhood improvement programs through targeted neighborhood programs, education, housing rehabilitation and related services, and other public improvement projects. (H-8, H-2) 8. Preservation of Housing: Support the reservation of affordable single family housing through purchase and rehabilitation of homes in low-mod areas. Special consideration will be given to projects addressing foreclosed and abandoned properties and blighting conditions. (H-1, H-8) 9. Revitalization: The City will support projects in blight areas for revitalization of the area. (H-8) Special Needs Objectives 91.215 (e) SNH-1 Increase the supply of housing for special needs populations. SNH-2 Preserve existing specia/needs housing. SNH-4 Improve housing accessibility and safety in both new and existing housing. Special Needs Strategies 1. ADA Improvements: Modify and improve homes occupied by the frail elderly and persons with permanent physical disabilities. These modifications and improvements will be focused on improving the safety and accessibility of the home and meeting ADA standards. (SNH-4) 2. Preserve existing special needs housing- Preserve special needs housing through rehabilitation of existing facilities. The housing must be owned and 2� operated by a public agency or a private nonprofit and be occupied by the special needs population. (SNH-2) Homeless Objectives City of Bremerton's homeless objectives will be covered in the Kitsap County Homeless Housing Plan. Homeless Housing Grant funds will be the funding source for many homeless projects within the city; however some capital projects may be eligible for CDBG funding. HH-1 Ensure a safe, decent and affordable housing inventory in our community, to appropriately house people with wide range of needs. HH-2 Housing aimed at providing stable, permanent living conditions in which an individual or family may thrive. Homeless Strategies 1. Affordable Housing: Build, create, preserve, and maintain more affordable housing across the spectrum for all low and moderate income persons, as a key piece in the community's continuum of housing. (HH-1, HH-2) 2. Economic Independence: Provide education and training to support economic independence through living-wage jobs, and employment and job training. (HH-2) 3. Innovating Housing Models: Explore housing models that are intrinsically more sustainable as affordable units, such as Community Land Trust, Homeshare, etc. (HH-1, HH-2) Please refer to the Homeless Housing Plan for more objectives and strategies. http://www.kitsapqov.com/hs/housinq/Documents/Housinq%20&%20Homele ssness%200verview/2015%20HHGP%20Policy%20Plan.pdf HUD Program Goal: A Suitable Living Environment-Which includes: • Improving the safety and livability of neighborhoods; • Eliminating blighting influences and the deterioration of property and facilities; • Increasing access to quality public and private facilities; • Reducing the isolation of income groups within areas through spatial deconcentrating of housing of lower income persons and the revitalization of deteriorating neighborhoods; • Restoring and preserving properties of special historic, architectural, or aesthetic value; and • Conserving energy resources and use of renewable energy resources. 28 Community Objectives — Public Facilities 8� Infrastructure PF-1 Improve the infrastructure and physical environment of the City's Low and Moderate-Income areas. PF-2 Enhance the qualify of life through creafion and improvement of recreational spaces and public facilities in Low-Mod areas. PF-3lncrease self-su�ciency and independence for low-rncome populations. PF-4lmprove and increase when needed, public facilities which serve the needs of low- income and special needs populations. Community Strategies-Public Facilities � Infrastructure 1. Removal of Barriers: Provide suitable access to public facilities in the City by removing architectural barriers. Remove barriers to the safe travel of persons with disabilities that exist in the public right-of-way, as identified in community- wide plans. (PF-3) 2. Right-of-way Improvements: Make improvements to the public right-of-way to improve appearance and extend useful life where deteriorating infrastructure contributes to blighting conditions. 3. Eliminate Blight: Address blight by targeting housing rehabilitation, neighborhood revitalization, and code enforcement to designated areas (PF-1). 4. Recreational Facilities and Upgrades: Participate in funding the construction and expansion of recreational facilities, including public parks and recreational facilities to serve low and moderate income persons in target area. 5. Public Facilities: Construct and/or improve public facilities that serve the target area. HUD Program Goal: Expanded Economic Opportunities-Which Includes: • Job creation and retention; • Establishment, stabilization and expansion of small businesses • Provision of public services concerned with employment; • Empowerment and self-sufficiency for low-income persons to reduce generational poverty; • Rehab of commercial buildings for job creation. Economic Development Objectives E-1 Increase the number of applicanfs for living wage jobs. 2s E-2 Expand economic opportunifies for very low-and low-income residents and reduce the number of persons with incomes below the poverty level. E-3 Increase employment opportunities for low-income persons. E-4 Support business development and expansion to create more jobs. E-5 Rehab empty, dilapidated buildings in blight zone for commercial use. Economic Development Strategies 1. Job Creation: Participate in providing infrastructure or facilities to provide for business expansion or development to offer employment opportunities throughout the City. (E-4, E-5) 2. Small Business Development: Support small business development programs through program, infrastructure development, and capital funding. (E-6) 3. Small/Micro Business Assistance: Support business education initiatives, and business support services (including assistance in developing business plans, securing funding, conducting marketing, etc.)to new and expanding businesses. (E-4). 4. Job-�raining and Preparation Services: Support job training, preparation, retraining, incumbent training, and employment search services for low-income persons. (E-3) 5. Local Hiring and Disadvantaged Business Policy: Where required, the City will assure implementation of Federal policies for the hiring of small and local businesses ("Section 3"), and the employment of minority and women owned businesses. The City will encourage these practices when not required (E-2). 6. Rehab buildings in Blight Zone for Commercial use: Acquiring, constructing, reconstructing, rehabilitation or installing commercial or industrial buildings for the purpose of creating employment opportunities for low/moderate income. (E-3, E-4, E-5) 7. Supporting Commercial development in the target area: Providing financing to business to build/expand their facility, building ancillary facilities, developing public infrastructure that assists the business (such as adjacent streets, sidewalks; streetlights, etc.). (E-3, E-4, E-5) HUD Program Goal: Abatement of Blight Conditions-Which Includes: • Rehabilitation of substandard housing located in the designated blighted area; • Infrastructure improvements in deteriorated area; • Economic development assistance in form of a low-interest loan as inducement to locate a branch store in redeveloping blighted area; • Acquisition and demolition of a dilapidated property; 30 • Preservation of a deteriorated building of historic significance; • Financial assistance to a business to demolish a decayed structure and construct a new building on the site; • Improvement of buildings to building codes; • Code enforcement activities. Community Objectives- Blight Abatement SB-1 Decrease the number of vacant and abandoned buildings SB-2lncrease the number of economic and housing opportunities in the Downtown core SB-3 Expand economic opportunities for low and moderate income residents and reduce the number of persons with incomes below the poverty level SB-4 Remove the conditions of blight or physical decay Community Strategies- Blight Abatement 1. Rehab vacant, dilapidated buildings: Acquiring, constructing, reconstructing or installing commercial buildings for purpose of creating housing or employment opportunities for low/moderate income. (SB-1, SB-2, SB-3, SB-4) 2. Infrastructure upgrades to encourage revitalization: Improve infrastructure in deteriorated area to encourage revitalization and redevelopment in the downtown core. (SB-4) 3. Rehab buildings to bring up to current code: Improve the safety of older buildings with code deficiencies. (SB-4) 4. Acquisition of Real Property: Real property may be acquired for rehabilitation and used or sold for residential purposes. Real property may also be acquired for any public purpose. Private non-profit entities may also use CDBG funds to acquire real property for commercial use, and private for-profit entities may also do so when appropriate for an economic development project. When acquired property is in blight area funds can be used to acquire the building for rehabilitation or demolition. (SB-1, SB-2, SB-4) 5. Creation of Housing-New housing would qualify if the new housing is located with a designated blighted area and development of new housing addresses one of the conditions which contributed to the deterioration of the area. (SB-2) 31 Appendix C CDBG Eligibility Requirements & Program Rules 32 CDBG NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS Every CDBG activity must meet a national objective and must be eligible in order to be funded, and each CDBG subrecipient agency must be able to demonstrate eligibility based on data collected. 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 will need to gather from the population you serve to provide to the City Block Grant office. Specific regulations that govern the CDBG program are available the Block Grant office. What are the National Obiectives? (Benefit Criteria) An eligible CDBG activity must either I. Principally benefit low and very low incorne A. Area Benefit— a. Activity which is available to benefit all the residents of an area which is primarily residential. b. At least 51% of beneficiaries are low or very low income persons/households. c. Subgrantees will be responsible for defining the service area and City staff will check to ensure that it meets the LMI criteria. 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 Microenterprises 4. Employment Support Services C. Housing Activities (Residential) D. Job Creation or Retention - Economic Development a. Must be located in a predominantly Low/Moderate (L/M) income neighborhood and serve the L/M income residents; or b. Involve facilities designed for use predominantly by L/M income persons; or 33 c. Involve the employment of persons, the majority of whom are L/M income persons. d. To meet the L/M income jobs standard 51% or more of the retained jobs must be either: i. Known to be held by L/M income persons at the time CDBG assistance is provided, and/or ii. For jobs not known to be held by L/M income persons, reasonably expected to "turn over" to L/M income persons within two years. (This would involve the grantee or business taking actions to ensure that such a job, upon turnover, will be either taken by or made available to a L/M income person in a manner similar to that pertaining to a newly created job e. In order to consider jobs retained as a result of CDBG assistance, there must be clear and objective evidence that permanent jobs will be lost without CDBG assistance. For these purposes "clear and objective" evidence that jobs will be lost would include: i. Evidence that the business has issued a notice to affected employees or made a public announcement to that effect, or ii. Analysis of relevant financial records which clearly and convincingly shows that the business is likely to have to cut back employment in the near future without the planned intervention. f. Principles involved in providing "first consideration": i. The business must use a hiring practice that under usual circumstances would result in over 51% of L/M income persons interviewed for applicable jobs being hired, ii. The business must seriously consider a sufficient number of L/M I income job applicants to give reasonable opportunity to fill the position with such a person, and iii. The distance from residence and availability of transportation to the job site must be reasonable before a particular L/M income person may be considered a serious applicant for the job. In counting the jobs to be used in the calculation for determining the percentage that benefit L/M income persons, the following policies apply: 1. Part time jobs must be converted to full time equivalents (FTE) (e.g. a job that will require only working half time would count as only one-half a job); 2. Only permanent jobs count; temporary jobs may not be included; 3. Seasonal jobs are considered to be permanent for this purpose only if the season is long enough for the job to be considered as the employee's principal occupation; 34 4. All permanent jobs created or retained by the activity must be counted even if the activity has multiple sources of funds; and 5. Jobs indirectly created or retained by an assisted activity (i.e., "spin off" jobs) may not be counted. Some examples of activities that qualifity when at least 51% of jobs created/retained will be for LMI persons include: • Clearance activities on a site slated for new business; • Rehabilitation activity that will correct code violations and enable a business to survive and retain jobs; • Assistance to a small business with a limited number of employees that agrees to hire three additional LMI employees. The following requirements must be met for jobs to be considered created or retained: • If jurisdictions fund activities that create jobs, there must be documentation indicating that at least 51% of the jobs will be held by, or made available to LMI persons; and • For funding activities that retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51% of the jobs: o The job is held by a LMI person; or o The job can reasonably be expected to turn over within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. II. Reduce or Eliminate Blight The City of Bremerton's blight area has been designated by the City. A map will be attached to Appendix G of this document. Activities to be assisted with CDBG funds must be limited to those that address one or more of the conditions which contributed to the deterioration of the area. (Note that this does not limit the activities to those that address the blight or decay itself, but it allows an activity to qualify if it can be shown to address a condition that is deemed to have contributed to the decline of the area.) II. REDUCE OR ELIMINATE BLIGHT • An activity may meet the national objective of reducing or eliminating blight, instead of benefiting low and very low income people. Currently, there is one designated blight area in the City of Bremerton. There are two different ways that CDBG activities can meet this second national objective. 35 � Area Basis A project must be located in an area defined as a 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. Spot Basis A CDBG project to eliminate blight on a spot basis (for example, outside of a locally designated 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. Examples of Activities: Rehabilitation of residential structures: Where the assisted activity is rehabilifation of residential structures, two additional criteria must be met: 1. Each such building must be considered under local definition (At a minimum, the local definition must be at least as stringent as the housing quality standards used in the Section 8 Housing Assistance Payment Program — Existing Housing.) and; 2. All deficiencies making the building substandard must be corrected before less critical work on the building may be undertaken. Note: These two criteria do not apply to nonresidential rehabilitation (rehabilitation of commercial or industrial buildings). Other activities may include: • Acquisition and clearance of blighted properties, • Commercial revitalization through faCade improvements, • Commercial rehab to correct code deficiencies, III. Meet an Urgent Need A. Urgent Need would be a natural disaster or federally declared disaster. NOTE: The vast majority of CDBG activities funded are designed to benefit low and very low income persons and households. 36 How Does A Proiect Meet a National Obiective? I. Principally benefit low and very low income 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 area median income -- a very low income person/household is one whose annual income does not exceed 50% of the area median income. HUD Income Limits for Bremerton/Kitsap County are included in the Application each year. There are several different ways that CDBG activities can benefit low and very low income persons: A. AREA BENEFIT This criteria allows a project located in principally residential area to meet a National Objective by demonstrating that, based on the demographics of a projecYs defined service area, at least 51% of the residents are low or very low income. Certain activities are a natural fit for area benefit, as they serve a geographic area, such as parks, neighborhood facilities, community centers and streets/sidewalks. Please contact the City Block Grant office for maps and more information on documenting your service area and determining eligibility under Area Benefit. 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; 0 Indicate on the map residential and commercial areas within the service area boundary; and 0 Provide documentation that 51%(City) or more of the residents within the service area are low and very low income persons/households utilizing the most recent census data as provided by HUD. Please contact the City or Block Grant office for maps and more information on documenting your service area. B. LIMITED CLIENTELE 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: 37 1. 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 children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, migrant farm workers and persons living with HIV/AIDS. Applicants must: 0 Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. Q Demonstrate that your clientele meets HUD's definition for the presumed group you serve, for example, homeless individuals must meet HUD's definition and documentation requirements at https://www.onecpd.info/resources/documents/HomelessDefinition RecordkeepinqRequirementsandCriteria.pdf 2. Require documentation on familv size and income in order to show that at least 51 percent of the clientele are low income —This means your program can serve low and moderate income clientele if at least 51% of your clientele are low income. Agencies must keep information on client income and family size which can document whether or not 51% or more of the clientele are persons whose family income does not exceed low and moderate 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 in 2015 (if this is an existing service); � State what percent of the clients/households served in 2015 were low � or very low income (or met criteria that are stricter); 0 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; I Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and 38 0 Agree to maintain documentation of the client's incomes for the CDBG contract period. 3. Income Eliqibilitv Requirements (Direct Benefit) -- This means that the agency uses income screening to limit the benefits of the CDBG funded activity to o� 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: 0 Screen clients by family size and income; Q Provide a copy of the income qualification criteria that were used to screen clients to determine low and very low income status; 0 Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and 0 Describe how the program/project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons/households. 4. 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, free childcare in an assisted housing project. Applicants must: 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. In addition to the four activities described above, the following activities may qualify under the limited clientele national objective. • 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 39 unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. • Assistance to Owners of Microenterprises When assistance is to be provided to a microenterprise (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 microenterprise projects under the limited clientele national objective justification, the low income threshold applies only to the owner, there are no income requirements for the workers the owner employs. • 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: C�1 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 size and income levels; C. Housing Activities 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. Applicanfs must: 0 Maintain a copy of the written agreement with each landlord or developer receiving CDBG assistance indicating the total number of dwelling units in each multi-unit structure assisted and the number of those units which will be occupied by low and moderate income households after assistance. 0 Maintain records on the total cost of the activity, including both CDBG and non-CDBG funds. 40 � Screen households for family size and income eligibility. 0 For rental housing, maintain records on rent charged (or to be charged) after assistance for each dwelling unit in each structure assisted. 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. E. Special Economic Development Activities An economic development project in the CDBG program may be supported by a range of CDBG-funded activities, including both special economic development activities and other categories of basic eligibility, each of which must beet a national objective of the CDBG program. Eligible Activities: • Commercial or industrial improvements carried out by the grantee or a nonprofit subrecipient, including: o Acquisition, o Construction, o Rehabilitation, o Reconstruction, or o Installation of commercial or industrial buildings or structures and other related real property equipment and improvements. • Assistance to private for-profit entities for an activity determined by the grantee to be appropriate to carry out an economic development project. This assistance may include, but is not limited to: o Grants, o Loans, o Loan Guarantees; o Interest supplements; o Technical assistance; or o Any other form except for those described as ineligible. • Special Economic Development activities do not include: 41 o Public facilities and improvements carried out to support or benefit a private for-profit business (These activities may, however, be eligible under the category of Public Facilities and Improvements). o New Housing Construction. This activity may be eligible under either of the categories of Construction of Housing or Special Activities by CBDO's. When a project to be assisted includes new construction of housing as part of a commercial structure (e.g. a "mixed use" project), those costs clearly attributable to the commercial portion of the project may be eligible as a special economic development activity. • For example a project would qualify as a special economic development activity under a L/M Income Area Benefit if the assistance to a business which provides goods or services to residents of a L/M residential area. An example of a project would be: Assistance to neighborhood businesses such as grocery stores or laundromats serving a predominantly L/M neighborhood. Note: HUD requires that activities which could be carried out under the category of Special Economic Development must meet the standards of public benefit set forth in 570.209(b). CDBG FIJNDING - SPECIFIC REQUIREMENTS 1. Reversion of Assets / Change-of-Use of CDBG Assisted Property All recipients must agree to restrict the use of the property, which was acquired and/or improved using CDBG funds, to the intended purpose for which the funds were awarded. The restriction will be based on the doflars invested and follow the guidelines in the chart below. This is to ensure compliance with HUD requirements and to ensure continued public benefit. Activity Dollar Threshold` Minimum Years Restricted Rehabilitation or Acquisition of Less than$15,000 5 Years existing facilities or housing $15,000-$40,000 10 Years (including homeownership Greater than$40,000 15 Years assistance) New Construction or Acquisition of land for new Any$amount 20 Years construction 'Dollar threshold is per facility, or if housing, per unit for single family housing Reversion of assets provisions require agency to transfer to the City any CDBG funds on hand at the time of expiration of the subrecipient agreement, any 42 accounts receivable attributable to the use of CDBG funds, and any non- expendable personal property that was purchased with CDBG funds 2. 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. 3. Guidelines for Economic Development Projects (24 CFR 570.209) City will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. 4. Supplanting (24 CFR 570.207) Federal regulations prohibit using CDBG 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 using the availability of federal CDBG dollars as an excuse to reduce local funding commitments. 43 Appendix D Anti-Displacement & Relocation Assistance Plan 44 Anti-Displacement and Relocation Assistance Plan Introduction • Applicants for federal funds must comply with the Uniform Relocation Assistance and Relocation Assistance and real Property Acquisition Policies Act of 1970, referred to as URA. URA regulations, at 49CFR Part 24, apply to any federally-assisted project involving acquisition, demolition or rehabilitation. • The URA protects all persons who are displaced by a federally assisted project, regardless of their income. This is in contrast to Section 104(d)which only protects displaced persons whose income is at or below 80% of the area median income. The URA also protects businesses located in a building acquired, demolished or rehabilitated with federal funds. Real Propertv Acquisition A. When acquisition of real property is the result of a voluntary proposal which has been submitted by an owner in response to a public invitation or solicitation for offers, it is referred to as voluntary acquisition. In contrast, acquisition of property by the local government entity which is not voluntarily offered for sale is referred to as involuntary acquisition. Voluntary Acquisition must adhere to the following procedures. a. Determine if the housing unit is a low/moderate income dwelling unit and if so contact the B►ock Grant Program office. b. Clearly advise the owner that in the event negotiations fail to result in an agreement the property will not be acquired. c. Arrange for a full independent narrative appraisal of the property by a qualified appraiser. d. Inform the owner of what the agency believes to be fair market value of the property and that the agency does not have the authority to acquire the property by eminent domain. (HUD Guideform Notice of Voluntary Arms Length Transaction is available from the Block Grant Office) B. All acquisitions must go through real estate escrow. The escrow agent must be a neutral third party to the acquisition. C. All acquisitions must have title insurance. D. All acquisitions will need a notice of some kind. All occupants are entitled to timely notice explaining whether or not they will be displaced. a. Occupants to be displaced must be informed of their eligibility for relocation assistance and the nature of the assistance. 45 b. Occupants not to be displaced must be informed of the terms and conditions under which they may occupy the property upon completion of the project. Notices ➢ General Information Notice (GIN): Informs occupants of a possible project and of their rights under URA. Stresses that the household should not move at this time. ➢ Move-in Notice: Informs households moving into potential projects after the application that may be displaced and that they will not be entitled to assistance. y Notice of Non-Displacement: Informs households who will remain in the project after completion of the assisted activity of their rights and of the terms and conditions of their remaining at the property. > Temporary Relocation Notice: Informs households who will be temporarily relocated of their rights and of the conditions of their temporary move. � Notice of Eligibility: Informs households to be displaced of their rights and levels of assistance under federal law. > 90 and 30 day Notices Informs displaced households of the day by which they must vacate the property. Planninq for Relocation Under URA A. Minimizinq Displacement: It is the policy of the City of Bremerton Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs to minimize displacement of people or businesses as a result of activities assisted with CDBG or HOME funds. This means: a. Considering whether displacement will occur and how this would affect the feasibility of the project. b. Identifying potential relocation workload and resources early. c. Assuring, whenever possible, that residential occupants of buildings to be rehabilitated are offered an opportunity to return. d. Planning rehabilitation projects to include "staging" where this would minimize displacement. B. Relocation Assistance for Displaced Residents: Relocation is defined as the permanent movement of occupants/tenants, required as a result of a CDBG or HOME activity. Federal regulations require that if any individuals, families, businesses or farms are displaced the subrecipient must: a. Inform the person(s) that they may be displaced and generally describe the relocation payment(s) for which they may be eligible, the basic conditions of eligibility, and the procedures for obtaining payment(s). 46 b. Inform the person that they will not be required to move without at least 9 days advance written notice and that the person to be displaced cannot be required to move permanently unless at least one comparable replacement dwelling unit has been made available. c. Inform the person that they will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help them relocate. d. Provide the person with a description of their right to appeal any determinations for assistance under the Uniform Relocation and Real Property Acquisition Act (49 CFG, Part 24). e. Assure that those persons who are required to relocate receive their full replacement housing payments, moving, and related expenses. C. Riahts of Residents who Remain in the Proiect a. Remaining Households must be offered affordable housing. i. Tenants who are intended to remain in the project must receive the offer of a "suitable" unit which can be rented at an "affordable" � price. Determining which tenants will be able to remain in the project is a key component of determining the feasibility of an occupied project. b. Temporary Relocation i. Residents who will remain in the project after rehabilitation may be required to move temporarily during rehabilitation. ii. The temporary dwelling must be suitable and decent, safe and sanitary but not necessarily comparable. iii. In addition to the Notice of Non-displacement, the resident must, as a minimum, receive reasonable advance written notice of the date and approximate duration of the planned temporary move; information about the terms and conditions under which the tenant will be returning to when the project is completed; and reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary move. c. Permanent Moves within the project i. Tenants may be allowed to remain in a project after rehabilitation, but not necessarily in the same unit. ii. Permanent moves within the same project must be to suitable, decent, safe and sanitary-but not necessarily comparable-units. iii. In addition to the Notice of Non-displacement, the resident must, as a minimum receive reasonable advance written notice of the date of the planned move to an alternate unit and; reimbursement for all 47 reasonable out-of-pocket expenses incurred in connection with the move. Section 104(d)-Replacement of Housinq Section 104(d) of the Housing and Community Development Act of 1974 as amended requires the one-for-one replacement of low/moderate income occupied or occupiable dwelling units which are demolished or converted to a use other than low/moderate income housing as a direct result of CDBG or HOME assistance. Under this section relocation assistance shall be provided in accordance with 24 CFR Part 42.350. One for one replacement of units shall be provided in accordance with 24 CFR Part 42.375. All comparable replacement housing will be provided within one year prior to or three years after commencement of the demolition or conversion. Before entering into a contract committing the City to provide funds for an activity that will directly result in demolition or conversion, The City of Bremerton will require the applicant to publish a notice in the newspaper, and the City of Bremerton will submit to HUD, the following information in writing: 1) Description of proposed assisted activity; 2) The address, number of bedrooms and map of location of the lower income housing that will be lost as a result of the project; 3) Time schedule for start and completion of the demolition or conversion; 4) To the extent known, the address, number of bedrooms and map of the location of replacement housing that has or will be provided. If such data are not available at the time of the general submission, City of Bremerton will identify the general location on an area map and information identifying the specific location and number of dwelling units by size shall be submitted and disclosed to the public as soon as it is avaiiable; 5) Basis for concluding replacement housing will remain a low-income unit for at least 10 years from the date of initial occupancy; 6) Information demonstrating that any proposed replacement of housing units, that are different in size from those units lost, is appropriate and consistent with housing needs and priorities identified in the Consolidated Plan. Definitions Comparable replacement dwelling unit: A unit that meets the criteria of 49 CFR 24.2 (d)(1) through (6); and is available at a monthly cost for rent that does not exceed the "Total Tenant Payment" determined under 24 CFR Part 42 813.107. 48 Conversion: This term means altering a housing unit so that it is used for non-housing purposes; used for housing but no longer meets the definition of lower income dwelling unit; or used as an emergency shelter. Lower-Income Dwellinq Unit: A dwelling unit with a market rent (including utitity costs) that does not exceed the applicable Fair Market Rent (FMR) for Sectio n8 existing housing established under 24 CFR Part 888. However, the term does not include any unit that is owned and occupied by the same person before and after the assisted rehabilitation. , Vacant occupiable dwellina unit: A vacant dwelling unit that is in standard condition; vacant dwelling unit that is in substandard condition but is suitable for rehabilitation; or a dwelling unit in any condition that has been occupied (except by a squatter) at any time within the period beginning 3 months before the date of execution of the agreement by the recipient covering the rehabilitation or demolition. 49 Appendix E HOME Eligibility Requirements & Program Rules 50 HOME ELIGIBILITY REQUIREMENTS AND PROGRAM RULES The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) to promote the following objectives: ➢ Provide decent and affordable housing to lower-income households, ➢ Expand the capacity of nonprofit housing services, � Strengthen the ability of local governments to provide housing, and � Leverage private-sector participation. What are Eliqible FiOME - Funded Activities? • Homeowner Rehabilitation: HOME funds may be used to assist existing owner- occupants with the repair, rehabilitation or reconstruction of their homes. • Homebuyer Activities: Participating jurisdictions may finance the acquisition and/or rehabilitation or new construction of homes for homebuyers. • Rental Housing: Affordable rental housing may be acquired and/or rehabilitated, or constructed. What are Eliqible HOME Costs? • Developmental Hard Costs: HOME funds may be used for the actual cost of constructing or rehabilitating housing. Eligible costs include demolition of existing structures and improvements to the project site that are in keeping with improvements of surrounding, standard projects, and costs to make utility connections. • Acquisition Costs: HOME funds may be used for the costs of acquiring improved or unimproved real property. • Related Soft Costs: HOME funds may be used for 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: o Architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write-ups; o Costs to process and settle financing for a project, such as private lender origination fees, credit reports, fees for title evidence, fees o for recordation and filing of legal documents, building permits, attorney fees, private appraisal fees and fees for an independent cost estimate, builders or developer fees; 51 o Costs of a project audit; o Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants; o Costs 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 run up and which may only be used to pay operating expenses, reserve for replacements and debt service. • Relocation Costs: HOME funds may be used for the costs of relocation payments and other relocation assistance for permanent or temporarily relocating individuals, families, businesses, non-profit organizations, and farm operation where assistance is required. • CHDO Operating Expenses • Total HOME Assisted costs: HOME funds may be used to pay for all expenses from developmental hardcosts through CHDO operating expenses. • Total Number of HOME Assisted Units: HOME funds may be used to pay for the costs of the total number of units that will be assisted with HOME funds. • HOME Costs per Unit: HOME funds may be used for the total HOME costs divided by the total number of HOME assisted units. What Is a Communitv Development Housinq Orqanization (CHDO)? A CHDO is a private nonprofit, community-based service organization that has obtained or intends to obtain staff with the capacity to develop affordable housing for the community it serves. A CHDO must meet certain requirements pertaining to their: • Legal status; • Organizational structure; and • Capacity and experience HOME program rules require that a minimum of 15% of HOME funds be set-aside for CHDOs. These funds can be used by the CHDO for HOME activities where the CHDO acts as the developer, sponsor and/or owner of the housing. For more information on becoming a CHDO please contact the County or City Block Grant office. Proqram Rules 52 The HOME Program has specific program rules that applicants should be aware of when contemplating applying for funds. Some applicable program rules include but are not limited to: 1. HOME Project Completion o Recipients of HOME funds will have 4 years from the commitment date (contract date) to complete projects. Project completion means that all construction work and title transfer(if applicable) is completed and the final draw of HOME funds has been disbursed. Rental Housing: Within six months from the date of project completion, if a HOME assisted rental unit remains unoccupied, the Block Grant office will provide to HUD information about current marketing efforts, and if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible. Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds invested in the unit. o Homeownership Housing: HOME assisted homeownership housing must have a ratified sales contract with an eligible homebuyer within 9 months of the completion of construction or rehabilitation, or it must be converted to rental housing. If converted, this rental housing must comply with all provisions of 24 CFR 92.252. If an unsold homebuyer unit is not converted to rental housing, the HOME funds must be repaid. 2. Affordability Period restrictions for HOME funded projects To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years and follow the guide�ines in the chart below. Minimum Activity Dollar Threshold** Affordability Period Less than 5 Years Homebuyer activity for $15,000/unit 10 Years acquisition, rehabilitation $15,000 - 15 Years � and new construction of $40,000/unit homes Greater than $40,000/unit Less than 5 Years Rehabilitation or $15,000/unit 10 Years Acquisition of $15,000 - 15 Years existing rental housing $40,000/unit Greater than 53 $40,000/unit Refinance of a rental Any $ amount 15 Years housing Rehabilitation project New Construction Any $ amount 20 Years (including land acquisition) or Acquisition of new rental housing. ** Dollar threshold is per unit for single family housing 3. HOME Resale/Recapture Provisions For HOME, the Participating Jurisdiction (County or City) will designate in the subrecipient contract whether Resale or Recapture (24 CFR 92.294(a)(5))will be used for maintaining affordability for each HOME assisted property. Additionally, deed restrictions must be recorded on the property to ensure the affordability. 4. HOME Assisted Rental Housing The HOME Program requires that all households who occupy HOME units be low income. Property owners and operators must develop policies and procedures which address: r Admission & Tenant Selection (including an Affirmative Marketing Plan) > Lease Provisions & Occupancy At initial occupancy and during the period of affordability Block Grant staff will monitor the project for compliance with HOME requirements. The monitoring will include inspections of HOME assisted units and the property overall, review of policies and procedures, project financial information and tenant files. 5. CHDO Certification A Community Housing Development Organization (CHDO) must meet certain statutory requirements under the HOME program to be designated as a CHDO. CHDO activities must involve acquisition, construction or rehabilitation, and sale (homebuyer or rental) of housing to eligible households. To be a CHDO, an organization must have "demonstrated capacity for carrying out activities assisted with HOME funds." There are two ways to meet this requirement: • Hire experienced key staff members who have successfully completed similar projects; or • Hire a consultant with the same type of experience and a plan to train appropriate key staff members of the organization. Kitsap County/ City of Bremerton Block Grant Programs are required to certify that an organization qualifies as a Community Housing Development 54 Organization (CHDO) each time it commits CHDO set-aside funds to the organization. CHDO certification will be required before a commitment of set- aside funds is made. 6. Underwriting, Subsidy Layering Review 8� Developer Capacity Analysis Kitsap County and the City of Bremerton, using guidelines it has established, will document that when HOME funds are used in combination with other government assistance in a project, no more subsidy is invested than necessary. Staff will also conduct a review of developer capacity and project fiscal soundness. A Conditional Commitment of funds will be made until all other project funding has been secured and documented. 7. Leveraging The City of Bremerton requires leveraging of HOME funds for homeownership housing projects. For every $1 of HOME funds committed, the project sponsor must show leveraged funding of$2 from other sources. 8. HOME Match The HOME program requires a match of 25% for every HOME dollar spent. Block Grant staff is responsible for ensuring that the HOME Consortium is meeting this requirement. Staff will work with agencies to identify sources and levels of HOME match required on a project basis. The match requirement may be met in several ways: • Non-Federal Cash or Cash Equivalent— acceptable sources of cash match include o Local or state general revenues o Housing Trust Funds o Foundations, donations o State appropriations o HFA reserves that are not federal funds (e.g. bond proceeds) o The interest rate subsidy achieved by the exemption of state or local taxes o Present value of the interest subsidy for loans made at rates below market • Value of waived taxes, fees or charges associated with the project; • Value of donated land or real property; • Cost of infrastructure improvements associated with the project; • A percentage of the proceeds of single or multi-family housing bonds issued by state or local government; • Value of donated materials, equipment, labor and professional services; • Sweat equity; • Direct costs of supportive services to residents of the project; • Direct cost of homebuyer counseling to families purchasing homes with HOME assistance. 55 9. Market Assessment Requirement All Homebuyer and Rental housing deve(opment projects (includes acquisition, rehabilitation, new construction, down payment assistance) awarded HOME funds will be required to have a Market Assessment. It must be completed by the applicant (or consultant hired by the applicant) and submitted at the time of application for funding or before the commitment of funds. Block Grant Program staff will review the Market Assessment to determine: • If a need for the type and number of housing units has been convincingly demonstrated; • If the developer/program will be able to sell the planned homebuyer units prior to the six-month deadline; • If the developer/program will be able to lease-up the planned rental units as expected, e.g. within the timeframe specified in the project pro-forma; • If the development will adversely impact existing affordable housing developments. 10.Site and Neighborhood Standards HOME funded rental projects that are newly constructed are subject to a site and neighborhood standards [24 CFR 92.202(b)] review by the Block Grant Program to determine that: 1. Site is adequate for proposed purpose 2. Project and location furthers compliance with fair housing laws 3. Site is not in an area of minority concentration — if the site is in an area of minority concentration, the Block Grant Program will determine that one or more of the following is true: a. The project will not increase significantly the proportion of minorities b. Sufficient comparable housing opportunities exist outside the area for minorities based on analysis of HUD-assisted housing c. Proposed project is necessary to meet overriding housing need that cannot otherwise be met d. Proposed project is integral to a neighborhood preservation strategy or integral to revitalization area strategy. 4. Project promotes greater choice of housing opportunities and avoids undue concentration of assisted persons 5. Proposed site is not seriously detrimental to family life 6. Proposed site is comparably accessible to broad range of services and facilities 7. Travel and access to jobs from proposed site is not excessive. Lonq Term Affordabilitv 56 One of the purposes of the HOME Program is to increase the supply of affordable housing units. To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years. Deed restrictions must be recorded on the property to ensure the affordability Homebuyer activities will use either Resale or Recapture (24 CFR 92.294(a)(5) for maintaining affordability for each HOME assisted property. Kitsap County and City of Bremerton will designate in the subrecipient agreement (contract) the method to be used. Rental housing activities will carry rent and occupancy restrictions during the period of affordability. Affordability restrictions remain in force regardless of transfer of ownership. Homebuyer Projects Homeownership housing projects assisted with HOME must meet the affordability described below, as per 92.254(a)(4). The affordability period begins after project completion, and is based on the amount of HOME investment per unit: IHOME assistance per unit Period of Affordability Under$15,000 5 years Between $15,000 to $40,000 10 years Over $40,000 15 years If a program or project does not meet its affordability requirements through change in ownership, change in use, or other failure to adhere to contractual obligations, Resale or Recapture provisions are triggered in order to continue the HOME investment to its intended recipient. Either Resale or Recapture is set forth in each project/program's contract. Resale for Homebuver Proiects All HOME assisted homebuyers subject to Resale provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and 57 shall be required of the original and any subsequent buyer of the subject property during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining resale requirements. 2. Subject property must be homebuyer's principal residence at all times during the Period of Affordability. 3. Property is sold to an income qualified homebuyer with an income within the range of 51% and 80% of Area Median Income. The property must be sold at a price that is "affordable to a reasonable range of low-income buyers." The sales price shall be set such that the amount of Principal, Interest, Taxes and Insurance does not exceed 30% of the new buyer's annual income. The Kitsap County Block Grant Program must approve the resale price. 4. The owner shall receive a fair return on their investment. Fair Return on Investment means the total homeowner investment which includes the total cash contribution (excluding standard maintenance) plus the approved capital improvements as described below: a. The cost of any capital improvements, documented with receipts provided by the homeowner, including but not limited to: i. Any additions to the home such as a bedroom, bathroom, or garage; ii. Replacement of heating, ventilation, and air conditioning systems; iii. Accessibility improvements such as bathroom modifications for disabled or elderly, installation of wheel chair ramps and grab bars, any and all of which must have been paid for directly by the Owner and which were not installed through a federal, state, or locally-funded grant program; and iv. Outdoor improvements such as a new driveway, walkway, retaining wall, or fence. b. All capital improvements will be visually inspected t verify their existence. - 5. The Housing Price Index (HPI) of the Federal Housing Finance Agency will be used as the index to determine fair return on investment. The percentage of change as calculated by the HPI projects what a house purchased at a point in time would be worth today if it appreciated (or depreciated) at the average rate for all homes in the areas. The calculation shall be performed for the Bremerton-Silverdale Metropolitan Statistical Area (MSA). 6. Calculating Fair Return on Investment: Calculating the Fair Return to the original homeowner would be as follows: Step 1: Owner cash contribution at closing + capital improvements x HPI% change= fair return on initial & capital investments 58 Step 2: The results are then added to the owner's cash contribution + capital improvements to get the total return to the original homebuyer at sale. Recapture for Homebuver Proiects All HOME assisted homebuyers subject to Recapture provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining recapture requirements. 2. The PJ will record a lien on the property securing the asset until expiration of the Period of Affordability. 3. The homebuyer may sell the home at any time during the Period of Affordability, to any willing buyer, and at the price the market will bear. 4. In the event of voluntary or involuntary sale during the Period of Affordability, the PJ will recapture the HOME investment as follows: a. The owner shall receive a fair return on their investment: portion of HOME funds recaptured will be based on shared net proceeds (down payment and any capital improvements, excluding standard maintenance, since purchase). Net Proceeds = [Sale Price] — [Non-HOME Debt] — [Closing Costs] b. A third party appraisal will determine fair market value. HOME Housing Homeownership Requirements The HOME program requires that for all HOME assisted homeownership projects: 1. All of the HOME funds will benefit families whose incomes are at or below 80% of the area median income. 2. The assisted housing will be the owner's principal residence. 3. 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. The 2013 HOME Final Rule 24 CFR 92.254(a)(2)(iii) is amended to eliminate the use of the 203(b) limit and to change the methods for determining 95% of area median purchase price. HUD will determine and issue limits that represent 95% of the area median purchase price separately for newly 59 constructed and existing single family housing units. Kitsap County Block Grant Program will use the HUD-issued limits. 4. All homebuyers that receive HOME assistance or purchase a unit developed with HOME funds must receive housing counseling. The Block Grant staff will review the housing counseling policies of subrecipients and owner/sponsor developers of homeowner housing to determine compliance with this requirement. 5. A subsequent low-income purchaser of a HOME-assisted homeownership unit may assume the existing HOME loan and recapture obligation entered into by the original buyer when no additional HOME assistance is provided to the subsequent homebuyer. 6. Subrecipients administrating homebuyer assistance programs must have and follow written policies for: a. Underwriting: Underwriting standards for homeownership assistance must address housing debt, overall household debt, the appropriateness of the amount of assistance, recurring household expenses, assets available to acquire the housing, monthly expenses of the household and financial resources available to the household to sustain homeownership. b. Predatory lending: (HUD will issue guidance on preventing predatory lending) c. Refinancing: The refinancing policy must address refinancing loans to which HOME loans are subordinated to ensure that the terms of the new loan are reasonable. Rental Housing Projects Rental housing projects which include HOME assisted units must meet the affordability described below. As per 92.252(e), the affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. iRental Housing Activity Period of Affordability Rehabilitation or acquisition of 5 years existing housing per unit amount of HOME funds: Under$15,000 Between $15,000 to $40,000 10 years Over $40,000 or rehabilitation 15 years involving refinancing so New Construction or acquisition of 20 years newly constructed housing At least 20% of HOME assisted rental units must be occupied by families who have annual incomes that are 50% or less of AMI. Properties with 5 units or less are exempt from this rule. Additionally the Block Grant Program must ensure that 90% of the total households served under all County/City funded HOME rental programs have incomes that do not exceed 60% of the AMI. The remaining households must not exceed 80% of AM I. Minoritv 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. Affirmative Fair Housinq Marketinq Plan All Home-funded programs, including downpayment assistance programs, must follow an affirmative marketing plan. The specific affirmative marketing procedures to be used will depend on the type and size of the program or project. The Kitsap County-City of Bremerton HOME Consortium has an Affirmative Fair Housing Marketing Plan that clearly state what actions owners/managers must take to provide information to, and otherwise attract, eligible persons in the housing market who are unlikely to apply without special outreach. The extent of the affirmative marketing activities typically varies depending on the size of the property. Kitsap County-City of Bremerton HOME Consortium staff will evaluate the success of the affirmative marketing actions every year for each project. Owners and managers are required to retain certain records so staff can evaluate its results. Affirmative Marketing will be reviewed during annual on-site monitoring. Priorities for Use of HOME funds The City of Bremerton will give priority to HOME projects located in the Anderson Cove and Downtown designated Blight Zones. Please contact the City for a map of these areas. In the absence of qualified, viable projects that fit the City's vision, the City Council may elect to set aside HOME funds for a future use, including for a City- initiated affordable housing project. The County does not have priority areas for the use of HOME funds. s, Property and Construction Issues A. Compliance with Codes and Standards For all projects, the Block Grant office is primarily responsible for ensuring compliance with Federat requirements and meeting both project and program goals. This is the case no matter what cost is funded under the HOME Program. 1. Acquisition of existing housing (no rehab. or construction)24 CFR 92.251(c) Housing acquired with HOME funds must be inspected for health and safety at the time of title transfer. Block Grant staff will conduct an inspection using established standards. Any deficiencies will be noted and a date for correction and re-inspection will be communicated to the owner. HOME funds will not be disbursed for the acquisition until the project passes the inspection. 2. Rehabilitation of housing 24 CFR 92.251(b) For any HOME-funded rehabilitation work, the housing must meet the Kitsap County/City of Bremerton Housing Rehabilitafion Standards and County or applicable City Building Code. The Rehabilitation Standards address the following: • Health 8� Safety—the rehab. standards specify the life threatening deficiencies that must be addressed immediately if a housing unit is occupied. • Remaining Useful life of major Systems —An estimate of the remaining useful life of major system must be completed. Major systems include structural support, roofing, exterior cladding, weatherproofing (e.g., windows, doors, siding, gutters), plumbing electrical and heating, ventilation and air conditioning. o Major systems for rental housing -This must be done with a capital needs assessment for projects with 26 or more units. If the remaining useful life is less than the affordability period, the Block Grant Program will require replacement reserve deposits to ensure that the project's major systems and physical needs can be adequately maintained and addressed throughout the affordability period. s2 o Major systems for homeownership housing — upon project completion, major systems must have a useful life of at least five years. • Lead based paint requirements, in accordance with 24 CFR Part 35. • Accessibility requirements, as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. • Disaster mitigation standards, in accordance with State and local requirements . • Rehabilitation work must comply with local codes, ordinances, and zoning requirements. • Uniform Physical Conditions Standards (UPCS 3. New construction of housing 24 CFR 92.251(a) All new housing projects constructed with HOME funds must have project specific material and methods or"construction specifications" for the project. The specifications and design plans will be reviewed by Block Grant staff to ensure that the amenities and aesthetic features of the project are in keeping with modest housing of similar type in the community. Projects will be required to obtain the necessary development permits from the jurisdiction where the project is located and copies of the signed-off permit& certificate of occupancy will be required for final reimbursement of funds. All new construction work must meet the International Code Council's International Residential Code or International Building Code, whichever is applicable, and disaster mitigation standards in accordance with State and local requirements. In addition projects must meet the applicable accessibility requirements in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act. Block grant staff will review and approve written cost estimates, construction contracts and construction documents. In addition, staff will conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents. 63 4. Newly Constructed or Recently Rehabilitated Housing 24 CFR 92.251(c)(1) Housing that has been newly constructed or rehabilitated within one year of the date of commitment of HOME funds must meet the applicable property standards [92.251(a)] for new construction and [92.251(b)] for rehabilitation. The Block Grant office will document compliance based on a review of approved building plans and certificates of occupancy and a property inspection that is conducted no earlier than 90 days before the commitment of HOME funds. 5. All Other Existing Housing — Rental For all other housing (housing not recently rehabilitated or newly constructed) that will be acquired (without rehabilitation)for rental housing, the property must meet the applicable standard for rehabilitation at 92.251(b). The Block Grant office will document compliance based upon a current inspection that is conducted no earlier than 90 days before the date of commitment of HOME assistance. If the property does not meet these standards, it cannot be acquired with HOME funds unless it is rehabilitated to meet this standard. 6. All Other Existing Housing — Homeownership (Downpayment) Assistance Block Grant staff will utilize Housing Quality Standards to ensure that existing housing acquired for homeownership is decent, safe, sanitary, and in good repair. Once HUD issues guidance on replacing HQS with the UPCS, staff will use the UPCS to perform inspections. 7. Manufactured Housing Property Standards [24 CFR 92.251(e)] Newly constructed manufactured housing and housing that replaces an existing substandard unit must be on a permanent foundation. For all rehabilitated manufactured housing, the foundation and anchoring must meet all applicable State and local codes and other requirements. All new construction of manufactured housing must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR part 3280. All new manufactured housing must, at the time of project completion, be connected to permanent utility hook-ups and be located on land that is owned (or leased for a period at least as long as the affordability period) by the manufactured housing unit owner. sa Existing manufactured housing that is rehabilitated with HOME funds must meet the property standards applicable to rehabilitation, as outlined in 92.251(b). 8. On-going Property Standards for Rental Projects [24 CFR 92.251(f)] Properties must be maintained to meet all applicable State and local codes. Housing will be inspected using UCPS as the standard (replaces HQS). Housing must be free of all health and safety defects and any life- threatening deficiencies identified during inspection must be corrected immediatefy. Housing must also meet the lead-based paint requirements in 24 CFR part 35. B. Lead Based Paint All housing funded with HOME and/or CDBG constructed before 1978 must comply with lead-based paint regulations at 24 CFR Part 35. The purpose of the regulation is to identify and address lead-based paint hazards before children are exposed to lead. 65 Appendix F Glossary 66 GLOSSARY Administrative Expenses. Those expenses directly associated with the recipient's general administration of the CDBG or HOME programs, such as salaries, supplies, equipment, accounting, phones, audits, benefits, travel and indirect costs. Affordabilitv. Affordability is achieved when a household's rent or mortgage payment, plus utilities, does not exceed 30% of the monthly income for the targeted income group as adjusted for household size. Annual Action Plan: This document allocates one year's funding to specific projects and activities for the CDBG and HOME programs. It is submitted annually to HUD, 45 days prior to the start of the City's and County's fiscal year or no later than November 15 and is developed in accordance with federal regulations (24 CFR Part 91). Architectural Barriers. Restrict mobility and accessibility of elderly or individuals with disabilities. Benefit Criteria. A CDBG activity must either principally benefit low or very low income persons, reduce or prevent slums and blight or meet a recent urgent need. These three objectives are the Benefit Criteria. Cash Flow. Gross income minus vacancy rate, operating expenses, reserves, debt service and taxes. Grant Recommendation Committee (GRC). A group of eight citizens meeting specific qualifications, who develop funding recommendations for approval by the Kitsap Regional Coordinating Council (KRCC)and Bremerton City Council. Citizen Participation Plan: This plan is prepared to facilitate and encourage public participation and involvement in the Consolidated Plan process and the City's and County's CDBG and HOME program, especially by low-and moderate-income persons. The plan identifies the public participation requirements as identified by federal regulations (24 CFR Part 91). Committed Funds. Funds committed to a project by a project funding source. The award amount, terms and uses of the committed funds are documented in a letter to the applicant. A copy of this award letter is included with the application for CDBG/HOME funds. Conditional Funds. Funds committed, with conditions, to a project by a project funding source. The conditions of the commitment, amount, terms, and uses are documented in a letter to the applicant. A copy of the letter is included with the application for CDBG/HOME funds. Consolidated Annual Performance Evaluation Report(CAPER): This document reports on the progress in carrying out the Consolidated Plan and Annual Action Plan. The report is prepared annually by both the City and County in accordance with federal regulations (24 CFR Part 91). It is due to HUD no later than 90 days after the end of the program year or March 31. s� Consolidated Plan: This document serves as the City's and County's application for CDBG and HOME funds. It sets forth the priorities and strategies to address the needs of primarily low- and moderate-income persons and areas in the county. It typically covers a five-year time period. It is submitted to HUD 45 days prior to the start of the program year or no later than November 15 and is developed in accordance with federal regulations(24 CRF Part 91). Consultant Fees. Fees paid to a third party developer consultant for costs associated with implementation of a project. Entitlement Communitv. A local jurisdiction that receives an allocation of Community Development Block Grant funds directly from HUD. All participating jurisdictions are entitlement communities; however, not all entitlement communities are participating jurisdictions. Household: all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; finro or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. HousinQ. Housing includes permanent housing units for sale or rent including; manufactured housing, permanent housing for disabled homeless persons, transitional housing, single-room occupancy housing, and group homes. Housing does not include emergency shelters or facilities such as nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, halfinray houses, housing for students or dormitories. Interlocal Aqreement. Agreements made to ensure the cooperation of units of local government which form consortiums for the purpose of obtaining funding. Low-and Moderate-Income Households (LMI): These are households earning less than 80% of the area median income (AMI). They are broken down into the following income designations: • Extremely Low-Income: households with incomes less than 30% of the area median family income adjusted for household size. • Low-Income: households with incomes between 31% and 50% of the area median income, adjusted for household size. • Moderate-Income: households with incomes between 51% and 80% of the area median income, adjusted for household size. Low-and Moderate-Income Area Neiqhborhood (LMA): In general, this is defined as census tracts or block groups where a minimum of 51% of the residents have low or moderate incomes (i.e. not exceeding 80% of the area median income). Median Familv Income: HUD releases income limits annually for its programs. Income limits are calculated using American Community Survey and Census data. Data for Kitsap County is based on the Bremerton-Silverdale Metropolitan Statistical Area (MSA). Incomes are indexed by household size. Operatinq Support. Financial assistance used to supplement the day-to-day operations of a project. Participatinct Jurisdiction. This term refers to cities, counties and consortia which receive an allocation of federal HOME funds directly from HUD. sa Persons with Disabilities. This term means a household composed of one or more persons, at least one of whom is an adult, who has a disability. A person is considered to have a disability if the person has a physical, mental, emotional or developmental impairment that is expected to be of long-continued and indefinite duration and substantially impedes his or her ability to live independently. Proqram Year: The program year for both the County and City CDBG and HOME programs is January 1 through December 31, which is the same as the County and City's fiscal year. Proiect Manaqement. Costs directly related to managing the project to the point of completion normally paid to a third party. Proiect Soundness. The feasibility, sensibility, and effectiveness of the project to meet a defined community need and the organizational strength and capacity to bring the project to completion. Proposed Funds. Funds which have been or will be requested from a potential project funding source. Relocation Exaenses. Those costs paid to households or businesses when temporary or permanent relocation becomes necessary. Sinale familv housina: one to four-family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Sinqle room occupancv(SRO) housina: housing (consisting of single- room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). Special Needs Housins�. Housing for special needs populations who require special housing- related services. This is also referred to as supportive housing. Special Needs Population. This population of people includes elderly and frail elderly; persons with mental, physical or developmental disabilities; persons with HIV/AIDS; persons with alcohol or drug addiction; victims of domestic violence; persons discharged from institutions (prison,jail, mental hospital, foster care). Transitional housinq: housing that is designed to provide housing and appropriate supportive services to person, including (but not limited to) deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children. It has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set. Uniform Phvsical Condition Standards (UPCSI: uniform national standards established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary, and in good repair. 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