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06/14/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280 JUNE 14, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, and except for Item D1, there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the June 21, 2017 Council Meeting Agenda: A. INFORMATION BRIEFING 1. Seattle Colman Dock Preservation Project — John Vezina, WSDOT Government Affairs Liaison B. NO PRESENTATION PLANNED - The following items are budgeted items or subjects that have been raised by the appropriate Council Committee Members: 1. Confirm Reappointment of Bill Benson to the CDBG Project Review Committee 2. Confirm Reappointment of Jordy Andrew to the CDBG Project Review Committee 3. Confirm Appointment of Fanny Burdette to the Lodging Tax Advisory Committee 4. Professional Services Agreement with Arthur J. Gallagher & Co. to perform a Compensation Study of Management & Professional, and Teamsters Positions 5. Ordinance to amend and creating re-establish Assessments, Rates, Fees, and Charges established in Ordinance Nos. 5288 and 5314 relating to Water, Wastewater, Stormwater, and other Related Services; and re-establish the General Facilities Charges in Exhibit A C. BRIEFINGS AND FULL PRESENTATIONS 1. Local Agency Agreement with Massana Construction, Inc. of Gig Harbor, WA for the Crownhill Elementary Safe Routes to School 2. Interlocal Agreement with Mason County for Street Chip Seal Maintenance Services 3. Proposed Public Hearing and Resolution to adopt the 2018 — 2023 Six -Year Transportation Improvement Plan 4. Ordinance to amend Chapter 9.92 of the Bremerton Municipal Code(BMC) entitled "Chronic Nuisance Properties" 5. Resolution to establish a Community Development Block Grant (CDBG)/HOME Housing Rehabilitation/Down Payment Assistance Loan Program Portfolio Management Guide 6. Proposed Public Hearing and Resolution to adopt the 2018 CDBG/HOME Policy Plan; and announce release of the Request for Funding Proposals for the 2018 program year 7. Proposed Public Hearing and Ordinance to amend Title 20 of the Bremerton Municipal Code (BMC) entitled "Land Use" regarding Appeals, Fences, Recreational Vehicles on a private lot, Automobile Service and Repair, and Accessory Dwelling Units 8. Professional Services Agreement with BMcConsulting LLC for Lobbying Services Continued on back... D. EXECUTIVE SESSION 20 -Minutes to discuss several Potential and Pending Litigation items under RCW 42.30.110(1)(i) Action is anticipated on at least one item... E. GENERAL COUNCIL BUSINESS Public Works Committee Briefing (6/6/17 Meeting) — Chair Dino Davis Public Safety and Parks Committee Briefing (6/14/17 Meeting) — Chair Leslie Daugs Other General Council Business (As necessary...) F. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting. INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Seattle Colman Dock Preservation Project Briefing Al Study Session Date: June 14, 2017 Presenter: John Vezina. WSDOT SUMMARY: A briefing will be provided on the Seattle Colman Dock Preservation Project. 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Qi t � G � � v I Q -0 c I .� C v O rn N c o c 3 0�*u 0 N t O mL;� mL;m O > W a CONSTRUCTION begins this summer to rebuild Seattle's Colman Dock Over 9 million people move through Colman Dock every year, and it's aging and vulnerable to earthquakes. Major construction to replace the terminal begins in August 2017 and will continue through early 2023. Colman Dock will remain in operation with no reduction in service, but the Bremerton and Bainbridge Island sailing schedules will change starting in January 2018. OPEN HOUSES Monday, June 26 Bremerton 5:30 - 7:30 p.m. Kitsap Conference Center 100 Washington Ave. Tuesday, June 27 Bainbridge Island 5:30 - 7:30 p.m. Bainbridge Island Senior Center 370 Brien Dr. SE Thursday, June 29 Downtown Seattle 4:30 - 6:30 p.m. Center for Architecture and Design 1010 Western Ave. DROP-IN SESSIONS Wednesday, June 21 3:30 - 6:30 p.m. Seattle terminal and the King County Water Taxi waiting area 801 Alaskan Way Pier 50 and 52 Thursday, June 22 10 a.m. - 4 p.m. Chimacum Community Celebration Bremerton ferry terminal 211 1 st St. Can't make it in person? Please visit our online open house from June 16 - July 14 ColmanDockProject.participate.online For more information: Website: www.wsdot.wa.gov/projects/ferries/colmanmulJmodalterminal By mail: Washington State Ferries Email: ColmanDockProject@wsdot.wa.gov Attn: Colman Dock Project Phone: 206-922-6267 2901 3rd Avenue, Suite 500 Seattle, WA 98121 Title VI Notice to Public It is the Washington State Department of Transportation's (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT's Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO's Title VI Coordinator at (360) 705-7082. Americans with Disabilities Act (ADA)WSDOT is committed to providing equal access to its facilities, programs and services for persons with disabilities. To request disability accommodations forthis event, email the ADA Office at least 10 days in advance at wsdotada@wsdot.wa.gov or call toll free 855-362-4ADA(232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. US FTA: CFDA 20.205 fl Adw 'King County , I us. oep.amemmn.n,o.a.uon �Wb 0.5. DeprJ Irl of Tmnsponrtion 7i WWOT Water Taxi ry FTA Federal Transit Administration �/ Federal Highway Administration JUNE 2017 Seattle Multimodal Terminal at Colman Dock Project Over 9 million people move through Colman Dock every year and it's aging and vulnerable to earthquakes. Major construction to replace the terminal begins in August 2017 and will continue through early 2023. Clockwise: Colman Dock is WSF's largest ferry terminal; an example of a deteriorating timber pile that has been removed and replaced at Colman Dock; existing timber trestle will be replaced with new concrete and steel trestle What to expect curing construction Ferry operations will be maintained Colman Dock will remain in operation with no reduction in service, but Bremerton and Bainbridge Island sailing schedules will change starting in January 2018. Changes to vehicle holding on the dock and traffic movements on Alaskan Way While the contractor will complete most of the work from barges on the water, construction work zones on the dock will limit the number of vehicle holding lanes. Ferry holding space off the dock is needed, especially on busy weekends and during the summer. - otA with the old, in with the new Changes for walk-on passengers Throughout construction, WSF will maintain a terminal building for customers and elevated pedestrian connections between the terminal building, the Marion Street Bridge and the street. All facilities will be ADA -accessible. An elevator will be available but the location will change. Construction schedule (summer 2017 - early 2023) Dock & terminal building construction Passenger -only ferry facility L August 2017: Passenger -only Fall 2018: Passenger -only ferry facility temporarily moves ferry facility open on south to north side of Colman Dock of Colman ,.Dock I Slip 3 overhead of ,ding WSF sailing schedule changes January 2018: Sailing schedule changes begin Construction noise, vibration and odor Construction may be unavoidably noisy. New steel piles will be installed with impact pile drivers during the day. Other nighttime work activities may also be needed. Removal of creosote -coated timber piles can also cause vibration and odors. Our contractor will use best management practices to minimize these impacts. 2023 Entry building and elevated pedestrian connection Early 2023: Public outreach to determine permanent sailing schedule �� lGng county U.S. Department of Transportation U.S. Department of Transportation -" WSDCW Water Taxi 4•, FTAI Federal Transit Administration 0 Federal HighwayAdminisfration Access dU.' i g the first year of construction Washington State Ferries customers King County Water Taxi and Kitsap Drivers Transit Fast Ferry customers • Most vehicles enter new ferry access lanes from the There will be no changes to the passenger -only ferry intersection of Alaskan Way and Madison Street facility through July 2017. • Northbound left turn at Yesler Way allowed for trucks over 40 feet, vanpools and motorcycles • Vehicle exits remain at Yesler Way or Marion Street People on bicycles • Continue to use bicycle entry north of Yesler Way Walk-on passengers • Marion Street Bridge from First Avenue is open • Terminal building, elevator and stairs are open • Pick-up and drop-off spaces are available near the dock 6)* Vehicle routes Bicycle routes Pedestrian routes Passenger pick-up area •r Elevator Construction work zone Construction work zone starting August 2017 ONorthbound left turns for trucks over 40', vanpools, motorcycles © Southbound right turns may be restricted during peak travel times • Passenger -only ferry Passenger -only ferry pedestrian entrance through July 2017. Passenger -only ferry facility will be relocated to north side of dock in August 2017. LI Q �e\Pel 5 Slip 1 closed • Beginning in August 2017, the passenger -only ferry facility will be temporarily relocated to the north side of Colman Dock. Passengers will enter from Alaskan Way between Madison and Marion streets. A fence and barriers will separate walk-on passengers from the WSF vehicle holding area. • There will be a closure of the passenger -only ferry facility in August 2017 for up to 10 days while the facility is moved to its temporary location on the north side of Colman Dock. • The new facility is scheduled to open on the south side of Colman Dock in fall 2018. Pier 54 ■ ■ ■ e� Toc.��1 OO'Wcf 014 Aim o Preliminary, subject to change. For illustrative purposes only, map not to scale. Elliott Bay N Temporary passenger - only ferry facility starting in August 2017 Bremerton sainbddg�, Slip 2 Slip 3 Pier 54 ■ ■ ■ e� Toc.��1 OO'Wcf 014 Aim o Preliminary, subject to change. For illustrative purposes only, map not to scale. Project design For more than a decade, we have been working with our federal partners to develop a plan for replacing Colman Dock. Stakeholder groups and ferry riders have provided input at key milestones during the environmental phase and development of the project design. Ivey project eiernents • Replacing the existing timber trestle with a new concrete and steel trestle • Replacing the main terminal building • Replacing the passenger -only ferry facility (with funding from King County) • Replacing the overhead loading facility on the northernmost slip • Constructing a new elevated walkway between the terminal building and the passenger -only ferry facility • Adding a bicycle entry and holding area north of Marion Street • Maintaining the connection to First Avenue via the Marion Street Bridge and elevated pedestrian walkway connecting to the terminal building For more information: Conceptual design of the new facility. The design of the entry building and elevated pedestrian connection will be further reviewed to adjust to approved funding. Project fundint $350 million dollars in federal, state and local funding has been appropriated for this project. King County provided funding for replacement of the new passenger -only facility. With secured funding, WSF can move forward with replacing the seismically -vulnerable elements of the facility to preserve Colman Dock's core functions. In addition, the legislature directed WSDOT's Office of Innovative Partnerships to complete a study of public-private financing opportunities for the proposed entry building by November 2017. Online: www.wsdot.wa.gov/projects/ferries/colmanmultimodalterminal By mail: Washington State Ferries Email: ColmanDockProject@wsdot.wa.gov Attn: Colman Dock Project Phone: 206-922-6267 2901 3rd Avenue, Suite 500 Seattle, WA 98121 Title VE Notice to Public It is the Washington State Department of Transportation's 6,VSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT's Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO's Title VI Coordinator at (360) 705-7082. Americans with Disabilities Act (ADA) Information This material can be made available in an alternate format by emailing the Office of Equal Opportunity at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-4ADA(4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. US FTA: CFDA 20.205 If you need this information translated, please call 206-922-6267. Si necesita traducir esta informaci6n al espanol, Marne al 206-922-6267 Q 1 1trTA, , h7��C MHUM 206-922-6267. AIIIIIIIIIII& kg Kin County U.S.�eartmentofTransporttfon U.S.DeportmenfWnsportaton Water Federal Transit I Federal Highway Administration Sailing schedule changes start 1nni ins ?ni R r1i ion tri rnnetri it fini.. As construction progresses in 2018, the terminal building will be much smaller and will not have enough space to accommodate passengers leaving for Bainbridge Island and Bremerton at the same time. To reduce the number of passengers loading at one time, WSF needs to change the sailing schedule so that only one vessel arrives and departs Colman Dock at a time. Both vessels are docked in Seattle several times throughout the day. For example, on an average weekday, more than 1,500 walk-on passengers use the terminal building for the 5:30 p.m. sailing to Bainbridge Island and the 5:35 p.m. sailing to Bremerton. Proposed sailing schedule changes The proposed schedule would change some but not all sailings for both Bremerton and Bainbridge Island. • Departure times to Bremerton typically shift 5 to 15 minutes earlier • Departure times to Bainbridge Island typically shift 5 to 15 minutes later The proposed schedule provides the most time between sailings, the main driver for these changes during construction. Throughout construction, WSF will regularly evaluate how the schedule is operating and work with customers if we need to make any changes. Proposed sailing schedules are available online at: www.wsdot.wa.gov/projects/ferries/colmanmultimodalterminal terminal snare during construction August 2017: Existing terminal building open when major construction begins sp Elliott Bay CWW Tendw wiry ♦— �OrtJ�ustrotive purposesanly,.•'� Subject to chong March 2018: About half of terminal building is demolished N � Rmpan y �, P.ttenysnonl,. Elliott Bay PEW j Pier 54' pi'" =r f�. � Pr° Bdft r' �lrlllu purp�lnly.. , Sufctto chum won mie Summer 2019: Even less space available (using 1/3 of the new terminal building) Elliott Bay r•ed Nn' Pier 54 TW"" J : ebyaw r,. {� 1010 Faorrliflue WOIk mIE llustrative put 6n ,- Subject to cha MOW n8 �' � Proposed changes to WSF sailing schedule Winter 2018 -Winter 2022 JUNE2017 During construction of the Seattle Multimodal Terminal at Colman Dock Project, the terminal building will be much smaller and will not have enough space to accommodate passengers leaving for Bainbridge Island and Bremerton at the same time. WSF's sailing schedule will need to change so that only one vessel arrives and departs Colman Dock at a time. We know that schedule changes may have personal impacts for customers. We want to hear from you before we make our final decision. DAILY Leave Seattle Current Proposed departure departure 6:00 7:35 8:30 10:00 11:10 12:35 1:30 3:00 4:20 5:35 6:45 7:55 9:05 10:30 12:50 Change 8:35 5 minutes later 12:20 15 minutes earlier 2:45 15 minutes earlier 4:15 5 minutes earlier 5:25 10 minutes earlier 7:45 10 minutes earlier 10:25 5 minutes earlier 12:45 5 minutes earlier Leave Bremerton Current Proposed departure departure Change 4:50 (M-Sa) 6:20 7:20 8:45 9:45 9:50 5 minutes later 11:10 12:20 1:45 1:30 15 minutes earlier 3:00 4:20 4:10 10 minutes earlier 5:30 6:45 6:35 10 minutes earlier 7:55 9:05 8:55 10 minutes earlier 11:40 11:35 5 minutes earlier (M-Sa) Mondays through Saturdays only For more information: Online: www.wsdot.wa.gov/projects/ferries/colmanmultimodalterminal By mail: Washington State Ferries Email: ColmanDockProject@wsdot.wa.gov Attn: Colman Dock Project Phone: 206-922-6267 2901 3rd Avenue, Suite 500 Seattle, WA 98121 Title VI Notice to Public It is the Washington State Department of Transportation's (WSDOT) policy to assure that no person shall. on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT's Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OED's Title VI Coordinator at (360) 705-7082. Americans with Disabilities Act (ADA) This material can be made available in an alternate format by emailing the Office of Equal Opportunity at wsdotada@wsdot. wa.gov or by calling toll free, 855-362-4ADA(4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. US FTA: CFDA 20.205 Alli► Ki Count 1 U,S. Deportment of Trans rt King Y U.S. Department of Transportation P po otion T WSDOT Water Taxi Q FTAI Federal TransitAdministrdon 'r Federal Highway Administration Proposed changes to WSF sailing schedule N1/inter 2018 -Winter 2023 JUNE 2017 During construction of the Seattle Multimodal Terminal at Colman Dock Project, the terminal building will be much smaller and will not have enough space to accommodate passengers leaving for Bainbridge Island and Bremerton at the same time. WSF's sailing schedule will need to change so that only one vessel arrives and departs Colman Dock at a time. We know that schedule changes may have personal impacts for customers. We want to hear from you before we make our final decision. MONDAYTHROUGH FRIDAY Leave Seattle Current Proposed departure departure Change 5:30 6:10 7:05 7:55 8:45 9:35 10:40 11:25 12:20 1:10 2:05 3:00 3:45 4:40 5:30 6:20 7:20 8:10 9:00 10:05 10:55 12:15 1:35 12:25 ) minutes lata 3:50 5 minutes later 4:45 5 minutes later 5:45 15 minutes later 6:30 10 minutes later 7:30 10 minutes later 8:15 5 minutes later 9:15 15 minutes later Leave Bainbridge Island Current Proposed departure departure Change 4:45 5:20 6:20 7:05 7:55 8:45 9:40 10:25 11:30 12:20 1:10 1:15 5 minutes later 2:05 _ 2:55 3:50 k 4:35 4:45 10 minutes later 5:30 5:35 5 minutes later 6:30 6:40 10 minutes later 7:10 7:20 10 minutes later 8:10 8:20 10 minutes later 8:55 9:00 5 minutes later 9:45 10:00 15 minutes later 11:35 12:55 AdOL kg Kin County U.S.Department of Transportation fTransportationU.S.5 Deportment of Transportation WSDOT Water Taxi FTAI FedeaTransitAdministraton �/ Federal Highway Administration AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Re -Appointment of Bill Benson to the Community Development Block Grant Project Review Committee Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14, 2017 June 21, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the re -appointment of Bill Benson to the Community Development Block Grant (CDBG) Project Review Committee. ATTACHMENTS: The application for committee appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the re -appointment of Bill Benson to the CDBG Project Review Committee for term expiring December 31, 2017. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action SUBJECT: Confirm Re -Appointment of Jordy Andrew to the Community Development Block Grant Project Review Committee AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14, 2017 June 21, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: The Mayor is seeking confirmation of the re -appointment of Jordy Andrew to the Community Development Block Grant (CDBG) Project Review Committee. ATTACHMENTS: The application for committee appointment is available in the Mayor's Office. FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the re -appointment of Jordy Andrew to the CDBG Project Review Committee for the term expiring December 31, 2017. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Fanny Burdette to the Lodging Tax Advisory Committee Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14, 2017 June 21, 2017 Executive Mayor Lent (360) 473-5266 SUMMARY: BMC Chapter 2.38 requires at least two representatives from businesses that collect the hotel -motel tax to serve on the Lodging Tax Advisory Committee. The Mayor is seeking confirmation of her appointment of Motel 6 General Manager Fanny Burdette to the committee from June 14, 2017 through June 13, 2020. ATTACHMENTS: Application available in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Fanny Burdette to the Lodging Tax Advisory Committee with a term ending on June 13, 2020. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Arthur J. Gallagher & Co. for performing a Compensation Study Study Session Date: 06/14/17 COUNCIL MEETING Date: 06/21/17 Department: City Attorney's Office -HR Presenter: Charlotte Nelson & Bruce Lawson Phone: 360-473-5926 SUMMARY: BMC 2.50.030 states that a salary survey shall be conducted on Management and Professional Positions every five (5) years or as otherwise appropriate to ensure proper assignment to salary bands. The proposed agreement will allow Arthur J. Gallagher & Co. to complete the required study which will include Management & Professional and Teamsters positions. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The fee for services in the agreement is not to exceed $42,000. The Department believes it can absorb the cost in their current budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Arthur J. Gallagher & Co. and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGREEMENT FOR PROFESSIONAL SERVICES THIS MASTER AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), entered into as of (the "Effective Date"), is between Gallagher Benefit Services, Inc., a Delaware corporation ("Gallagher") and The City of Bremerton, WA (the "Client"). Gallagher and Client desire to arrange for the provision of services by Gallagher to the Client as set forth herein. In consideration of the promises and mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. ENGAGEMENT OF SERVICES. From time to time, Gallagher and Client may enter into Project Assignment(s), for the provision of services provided by Gallagher (Projects). The exact nature and scope of the services shall be agreed, and the scope of services shall be detailed, in a Project Assignment. Each Project Assignment shall be governed by the terms and conditions of this Agreement. 2. SCOPE OF PROJECT ASSIGNMENTS. Gallagher will provide any services, functions, or responsibilities related to the services set forth in the Project Assignment that are (a) reasonably required for the proper performance and delivery of such services, functions, or responsibilities in accordance with this Agreement or (b) an inherent part of, or a necessary subpart included within such services, functions or responsibilities. 3. STANDARD FOR PERFORMANCE. Subject to the terms of this Agreement, Gallagher will use its best efforts to render the services and complete the Projects by the applicable completion dates. a. COMPENSATION. Client will pay Gallagher a fee for services rendered under this Agreement as set forth in the Project Assignment(s) undertaken by Gallagher. Client shall be responsible for all expenses incurred by Gallagher in the performance of its services under this Agreement except where provided for in the Project Assignment. Upon termination of this Agreement for any reason, Gallagher will be paid fees specified on the Project Assignment for work which is then in progress on a proportional basis, and expenses incurred through the effective date of such termination. Unless other terms are set forth in the Project Assignment(s) for Projects which are in progress, Client will pay Gallagher for services and will reimburse Gallagher for previously approved expenses within thirty (30) days of the date of Gallagher's invoice. A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. 5. INDEPENDENT CONTRACTOR RELATIONSHIP. Gallagher's relationship with Client will be that of an independent contractor and nothing in this Agreement should be construed to create a partnership, joint venture, agent -principal or employer-employee relationship. In the performance of its duties, Gallagher may rely upon, and will have no obligation to independently verify the accuracy, completeness, or authenticity of, any written instructions or information provided to Gallagher by the Client or its designated representatives and reasonably believed by Gallagher to be genuine and authorized by the Client. Furthermore, Gallagher's engagement under this Agreement will not prevent it from taking similar engagements with other clients who may be competitors of the Client. Gallagher will, nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a conflict with Client's best interest. 6. CONFIDENTIAL INFORMATION. Gallagher recognizes that certain confidential information may be furnished by the Client to Gallagher in connection with its services pursuant to this Agreement ("Confidential Information"). Gallagher agrees that it will disclose Confidential Information only to those who, in Gallagher's reasonable determination, have a need to know such information. Confidential Information will not include information that (i) is in the possession of Gallagher prior to its receipt of such information from the Client, (ii) is or becomes publicly available other than as a result of a breach of this Agreement by Gallagher, or (iii) is or can be independently acquired or developed by Gallagher without violating any of its obligations under this Agreement. However, disclosure by Gallagher of any Confidential Information pursuant to the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction, judicial or administrative agency or by a legislative body or committee will not constitute a violation of this Agreement. 7. REPRESENTATIONS AND WARRANTIES. 7.1. Gallagher Representations and Warranties. Gallagher represents and warrants that its services shall be performed by personnel possessing competency consistent with applicable industry standards. 7.2. Client Representations and Warranties. Client hereby represents and warrants that: (a) materials provided to Gallagher for use in connection with the services provided hereunder will not infringe the intellectual property rights of any third party; and (b) Client has full right and power to enter into and perform this Agreement without the consent of any third party. 7.3. No Other Representations and Warranties. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, NO OTHER REPRESENTATION, EXPRESS OR IMPLIED, AND NO WARRANTY OR GUARANTEES ARE INCLUDED OR INTENDED BY GALLAGHER IN THIS AGREEMENT, OR IN ANY REPORT, OPINION, DELIVERABLE, WORK PRODUCT, DOCUMENT OR OTHERWISE. THIS SECTION SETS FORTH THE ONLY WARRANTIES PROVIDED BY GALLAGHER CONCERNING THE MATTERS COVERED BY THIS AGREEMENT. THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. s. LIMITED LIABILITY. Gallagher's liability to the Client and any other party for any losses, injury or damages to persons or properties or work performed arising out of in connection with this Agreement and for any other claim, whether the claim arises in contract, tort, statute or otherwise, shall be limited to the amount of the total fees due to Gallagher from Client for the particular Project Assignment giving rise to the claim. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GALLAGHER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR PUNITIVE DAMAGES SUSTAINED OR INCURRED IN CONNECTION WITH THIS AGREEMENT, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. Client's exclusive remedy for any claim arising out of or relating to this Agreement will be for Gallagher, at its sole option and upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Gallagher is at fault, or (ii) return to Client the fees paid by Client to Gallagher for the particular service provided that gives rise to the claim, subject to the limitation contained in this section. Client agrees that it will not allege that this remedy fails its essential purpose. 9. CLIENT INFRINGEMENT INDEMNIFICATION. If a third party claims that any information, design, specification, instruction, software, data or material furnished to Gallagher by or on behalf of Client under this Agreement infringes any patent, copyright, trademark or trade secret, Gallagher will promptly notify client in writing. Upon receiving written notice, Client will then defend Gallagher against such claim and Gallagher shall control the defense and all related settlement negotiations, and then Client shall indemnify and hold harmless Gallagher from and against any damages including attorneys' fees, expenses and costs incurred by Gallagher and/or finally awarded against Gallagher for such infringement. 10. CLIENT INDEMNIFICATION. Client shall defend, indemnify and hold harmless Gallagher, its parents, subsidiaries and affiliates, and its and their respective directors, officers, members, shareholders, partners, employees, agents, successors and assigns (Indemnified Parties ) from any claims, demands, lawsuits, damages, liabilities, costs and expenses (including reasonable fees and disbursements of counsel) and judgments and settlements of every kind (Claims) that maybe made by anyone for injuries (including death) to persons or loss or damage to property, including theft, resulting from the acts or omissions of Client including injuries or damages incurred by any person or because Gallagher acts or fails to act based upon the instruction and/or direction of Client or those persons acting on behalf of Client, provided that Client shall only indemnify Gallagher and be liable to the extent of Client's fault, act or omission. Upon receiving written notice from Gallagher, Client will then defend Gallagher against such claim and Gallagher at its option shall have the right to select counsel and control the defense and all related settlement negotiations, and then Client shall indemnify Gallagher from and against any damages finally awarded or agreed to be paid for such claim. 11. TERM AND TERMINATION. The term of this Agreement will commence on the effective date and shall remain in effect until terminated in accordance with this Agreement. Either party may terminate this Agreement by giving the other party at least thirty (30) days written notice of its intent to terminate. Client shall be responsible to Gallagher for any services performed prior to the date of termination and Gallagher shall be responsible to Client to continue to provide services until the date of termination of this Agreement. Upon termination of the Agreement, contingent upon Client's full payment for services and incurred expenses, Gallagher will deliver to Client any and all of its information, forms and documentation. 12. GENERAL PROVISIONS. 12.1 Assignment and Subcontractors. Client may not assign this Agreement without Gallagher's prior written consent. Gallagher may deem it necessary to outsource or subcontract all or any portion of the services to be performed by it under this Agreement. If this is necessary, Client will be notified of this and has the right to request a professional of their choice. If the person chosen by the Client requires assistance from Gallagher, Client will be billed for Gallagher's time at its regular hourly rate. This Agreement shall inure to the benefit of, and shall be binding upon, both Gallagher and Client and their respective heirs, legal representatives and permitted assigns. 12.2 Force Majeure. Except for Client's payment obligations under this Agreement, neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control. 12.3 No Legal Advice Intended. The advice given by Gallagher is not intended to be nor shall should it be construed as legal advice. Client is recommended, at its own cost, to have its own independent legal counsel review all documentation provided by Gallagher. Gallagher will not be obligated to perform, and the Client will not request performance of, any services which may constitute unauthorized practice of law. The Client will be solely responsible for obtaining any legal advice, review or opinion as may be necessary to ensure that its own conduct and operations, including the engagement of Gallagher under the scope and terms as provided herein, conform in all respects with applicable State and Federal laws and regulations (including ERISA, the Internal Revenue Code, State and securities laws and implementing regulations) and, to the extent that the Client has foreign operations, any applicable foreign laws and regulations. 12.4 Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 12.5 Notices. All notices, requests and other communications under this Agreement must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, delivered by overnight delivery or delivered by hand to the party to whom such notice is required or permitted to be given. If mailed, any such notice will be considered to have been given five (5) business days after it was mailed, as evidenced by the postmark If delivered by overnight delivery or hand, any such notice will be considered to have been given when received by the party to whom notice is given, as evidenced by written and dated receipt of the receiving party. The mailing address for notice to either party will be the address show on the signature page of Agreement. Either party may change its mailing address by notice as provided by this section. 12.6 Governing Law. The parties agree that this Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Washington. 12.7 Enforcement. In the event that Gallagher shall successfully bring an action against the Client with respect to the enforcement, interpretation, or breach of any provision of this Agreement, Client shall pay the amounts incurred by Gallagher with respect to such action, specifically including court costs, expenses and reasonable attorneys' fees. 12.8 Waiver. No waiver by Gallagher of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by Gallagher of any right under this Agreement shall be construed as a waiver of any other right. Gallagher shall not be required to give notice to enforce strict adherence to all terms of this Agreement. 12.9 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged. The terms of this Agreement will govern all Project Assignments and services undertaken by Gallagher for Client. In the event of any conflict between this Agreement and a Project Assignment, the Project Assignment shall control, but only with respect to the matters set forth therein. 12.10 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. One or more counterparts of this Agreement may be delivered by facsimile, with such delivery having the same effect as delivery of an original counterpart. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the date first written above. City of Bremerton, WA By: Patty Lent, Mayor 345 6th Street, Suite 600 Bremerton, WA 98337 Gallagher Benefit Services, Inc. Bruce Lawson P.O. Box 32985 Phoenix, AZ 85064-2985 Project Assignment • Facilitated discussions with City leaders and management staff to confirm the City's compensation philosophy and strategy. • Development of proposed compensation study specifications for City review. • Conduct of market pricing of base compensation for a reasonable sample of City jobs through the use of a custom survey, supplemented by published data sources as appropriate, to collect data on pay practices and salary ranges to determine the competitiveness of salary. • Recommendations to strengthen the City's overall compensation program using the results of the compensation study and the review of compensation process. • Recommendations for methods to implement the findings of the study and options and direction, given costing scenarios. • Preparation of a report summarizing the work performed and recommendations throughout the entire process. • Transition plans for implementing the findings of the study. Our recommendations will take into consideration the culture and financial resources of the City. Project Fees PHASE DESCRIPTION I Study Initiation & Strategy $5,000 II Compensation Study $32,000 III Project Finalization & Presentation $5,000 TOTAL $42,000 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. to amend and re-establish Assessments, Rates, Fees, and Charges established in Ordinance Nos. 5288 and 5314 relating to Water, Wastewater, Stormwater, and other Related Services; and re-establish the General Facilities Charges into Exhibit A Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: June 14, 2017 June 21, 2017 PWU Wayne Hamilton (360) 473-5207 SUMMARY: Ordinance to amend and reestablish the assessments, rates, fees and charges for water, wastewater, stormwater and other related services, and reestablish the general facilities charges set forth in Exhibit A. ATTACHMENTS: 1) Ordinance No. and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. amending and reestablishing the assessments, rates, fees and charges, and reestablishing the general facilities charges set forth in Exhibit A. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing the assessments, rates, fees, and charges established in Ordinance Nos. 5288 and 5314 relating to the Department of Public Works and Utilities for water, wastewater, stormwater, and other related services. WHEREAS, the City Council desires to amend and reestablish the assessments, rates, fees, and charges ("Rates and Fees") for water, wastewater, stormwater, and other related services established in Exhibit A of Ordinance No. 5314; and WHEREAS, the City Council desires to reestablish the general facilities charges established in Exhibit A of Ordinance No. 5288, which were reestablished and incorporated by reference in Ordinance No. 5314; and WHEREAS, the City Council further desires to consolidate the general facilities charges into the rate and fee tables ("Rate Tables") for water, wastewater, stormwater, and other related services established in Exhibit A of this ordinance; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Rate Tables established. Rates and Fees for services relating to the Department of Public Works and Utilities for water, wastewater, stormwater, and other related services, as established in Exhibit A of Ordinance No. 5314, are hereby amended and reestablished as set forth in the Rate Tables set forth in attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. General facility charges relating to the Department of Public Works and Utilities, as established in Exhibit A of Ordinance No. 5288 and reestablished and incorporated by reference in Ordinance No. 5314, are hereby reestablished without any changes to the charges and consolidated into the Rate Tables as set forth in Exhibit A of this ordinance. SECTION 2. Rate Tables — Effective date. The Rate Tables as amended and set forth in Exhibit A shall be effective July 1, 2017. SECTION 3. Severability. 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 4. 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. Rate and Fee Tables -Adopted PASSED by the City Council of the City of Bremerton, Washington this day of .2017. Approved this day of , 2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. ERIC YOUNGER, Council President PATTY LENT, Mayor ATTEST: SHANNON L. CORIN, City Clerk 2017. 2017. R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utility Rate Ordinance - UPDATED 05.1 L2017.docx Rate and Fee Tables -Adopted ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE Jmm&r3LJuly 1, 2017 GENERAL FACILITY CHARGES* Water based on meter size average normal flow 5/8" x 3/4" Residential and Commercial I" Residential I" Commercial 1 1/2" Commercial 2" Commercial 3" Commercial 4" Commercial Greater than 4" Wastewater based on meter size average normal now 5/8" x 3/4" Residential and Commercial I" Residential I" Commercial 1 1/2" Commercial 2" Commercial 3" Commercial 4" Commercial Greater than 4" Stormwater (per IHSU) 2017 Inside/Outside City Limits $4,448.58 $4,448.58 $6,094.59 $35,587.67 $35,587.67 $88,969.18 $177,938.37 Case by Case basis $5,714.91 $5,714.91 $7,086.43 $40,004.40 $40,004.40 $102,868.46 $205,736.92 Case by Case basis $2,443.00 2018 Inside/Outside City Limits $5,880.00 $5,880.00 $8,056.00 $47,040.00 $47,040.00 $117,600.00 $235,200.00 Case by Case basis $6,863.00 $6,863.00 $8,510.00 $48,041.00 $48,041.00 $123,534.00 $247,068.00 Case by Case basis $3,157.00 The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2017, and January 1, 2018, general facility charges unless approved by City Council. CONNECTION FEES Water Connection Fees 5/8" x 3/4" 1" 1 1/2" 2" 3" - 4" x 4" - Service to property line 3" - 4" x 6" - Service to property line 3" - 4" x 8" - Service to property line 3" - 4" x 10" - Service to property line 3" - 4" x 12" - Service to property line 4" - 4" x 4" - Service to property line 4" - 4" x 6" - Service to property line 4" - 4" x 8" - Service to property line 4" - 4" x 10" - Service to property line 4" - 4" x 12" - Service to property line 6" - 6" x 6" - Service to property line 6" - 6" x 8" - Service to property line 6" - 6" x 10" - Service to property line 6" - 6" x 12" - Service to property line 8" - 8" x 8" - Service to property line 2017 Inside City Limits $2,710.00 $2,922.00 $6,190.00 $7,003.00 $13,038.00 $13,216.00 $13,536.00 $15,225.00 $13,279.00 $14,412.00 $14,591.00 $14,912.00 $16,599.00 $16,605.00 $17,476.00 $17,797.00 $19,485.00 $19,485.00 $23,150.00 2017 Outside City Limits 1 of 7 Ordinance No. $4,065.00 $4,383.00 $9,285.00 $10,505.00 $19,557.00 $19,824.00 $20,305.00 $22,838.00 $19,919.00 $21,619.00 $21,886.00 $22,367.00 $24,899.00 $24,906.00 $26,214.00 $26,695.00 $29,227.00 $29,227.00 $34,725.00 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE Janxa+3LJuly 1, 2017 8" - 8" x 10" - Service to property line 8" - 8" x 12" - Service to property line 10" - 10" x 10" - Service to property line 10" - 10" x 12" - Service to property line Greater than 12" Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill 4" x 6" - excluding excavation & backfill 4" x 8" - excluding excavation & backfill 4" x 10" - excluding excavation & backfill 4" x 12" - excluding excavation & backfill 6" x 6" - excluding excavation & backfill 6" x 8" - excluding excavation & backfill 6" x 10" - excluding excavation & backfill 6" x 12" - excluding excavation & backfill 8" x 8" - excluding excavation & backfill 8" x 10" - excluding excavation & backfill 8" x 12" - excluding excavation & backfill 10" x 10" - excluding excavation & backfill 10" x 12" - excluding excavation & backfill 12" x 12" - excluding excavation & backfill 2" - service to property line 4" x 4" - service to property line 4" x 6" - service to property line 4" x 8" - service to property line 4" x 10" - service to property line 4" x 12" - service to property line 6" x 6" - service to property line 6" x 8" - service to property line 6" x 10" - service to property line 6" x 12" - service to property line 8" x 8" - service to property line 8" x 10" - service to property line 8" x 12" - service to property line 10" x 10" - service to property line 10" x 12" - service to property line 12" x 12" - service to property line Fire Hydrant Installation* 6" x 8" and smaller - service to property line 6"x 10" - service to property line 6"x 12" service to property line PLAN CHECK/INSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot BUT not less than (Includes hydrants and appurtenances and connection to water system) 2017 2017 Inside City Limits Outside City Limits $24,909.00 $37,363.00 $24,909.00 $37,363.00 $28,312.00 $42,468.00 $28,811.00 $43,216.00 Actual Time & Materials Actual Time & Materials 2 of 7 $3,075.00 $4,613.00 $3,253.00 $4,879.00 $3,574.00 $5,360.00 $5,262.00 $7,893.00 $5,267.00 $7,900.00 $3,485.00 $5,226.00 $3,805.00 $5,707.00 $5,494.00 $8,240.00 $5,494.00 $8,240.00 $4,451.00 $6,675.00 $6,211.00 $9,316.00 $6,330.00 $9,495.00 $7,077.00 $10,614.00 $7,547.00 $11,321.00 $7,457.00 $11,186.00 $3,783.00 $5,674.00 $8,992.00 $13,487.00 $9,171.00 $13,756.00 $9,491.00 $14,237.00 $11,179.00 $16,768.00 $11,184.00 $16,776.00 $9,061.00 $13,592.00 $9,382.00 $14,072.00 $11,071.00 $16,606.00 $11,071.00 $16,606.00 $10,388.00 $15,581.00 $12,148.00 $18,222.00 $12,147.00 $18,220.00 $13,672.00 $20,508.00 $14,170.00 $21,255.00 $15,077.00 $22,615.00 $11,731.00 $17,597.00 $13,420.00 $20,130.00 $13,420.00 $20,130.00 $0.30 $0.44 $249.00 $374.00 Ordinance No. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE Janua+3LJuly 1, 2017 3 of 7 Ordinance No. 2017 2017 Inside City Limits Outside City Limits Pump Stations $626.00 $939.00 Fireline Extension $100.00 $150.00 Irrigation Systems $100.00 $150.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development $387.00 N/A Non -Residential Development $268.00 N/A Plus per IHSU $11.65 N/A Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $41.93 N/A 21 - 50 Lots $30.29 N/A 51 - 100 Lots $26.80 N/A 100+ Lots $23.30 N/A Minimum Charge $297.00 N/A Non -Residential Development per IHSU $23.30 N/A Minimum Charge $356.00 N/A Resubmittal Fees First Resubmittal No Charge N/A Subsequent Resubmittal $297.00 N/A Field Inspection Fees Water main extensions (per foot) $1.32 $1.98 but not less than: $487.00 $731.00 Pump Station $642.00 $963.00 Miscellaneous (per hour) $83.00 $124.00 Wastewater Connection Fees Lateral Connection at P/L $83.00 $124.00 Lateral Connection at Main $314.00 $472.00 Conveyance Facility Ext. (Per Foot) $1.74 $2.60 but not less than: $379.00 $568.00 Pump Station $630.00 $945.00 Miscellaneous (per hour) $83.00 $124.00 Storm Drainage Inspection Fees *** Residential Development (per lot) $17.48 N/A Non -Residential Development (per IHSU) $17.48 N/A Minimum Charge $179.00 N/A Conveyance Facility Extensions (per foot) $0.93 N/A Minimum Charge $356.00 N/A Unscheduled Inspections**** (per site visit) $83.00 N/A MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn -on) $20.00 $20.00 Account Maintenance $5.00 $5.00 Past Due Notice n ru Gred . $3.00 $3.00 Lien Recovery Charge $102.00 $102.00 Close Account/Meter Read/Water Service Turn- off $20.00 $20.00 3 of 7 Ordinance No. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 4 of 7 Ordinance No. 2017 2017 Inside City Limits Outside City Limits Utility/Lien Search Fee (Manual) per parcel $31.00 $31.00 Park Reservation Fee (non-refundable) $102.00 $102.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch $709.00 $1,063.00 Concrete Patch $1,274.00 $1,911.00 Asphalt Trench $1,615.00 $2,423.00 Concrete Trench $1,632.00 $2,447.00 County Road Permit N/A Cost Water Meter Installation 3/4" & 111 $148.00 $148.00 1-1/2" & 2" $229.00 $229.00 3" and greater Actual Time & Materials Actual Time & Materials Water Meter Reactivation- Snowbirds $51.00 $51.00 Water Meter Tampering Tampering Fee $255.00 $255.00 Tampering Repair Actual Time & Materials Actual Time & Materials Fire Service - Detector, Meter & MXU $470.00 $470.00 Storz Adapter $242.00 $242.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours $41.00 $41.00 After Hours $186.00 $186.00 Delinquency Notice $20.00 $20.00 Water Service Turn-offlTurn-on (Delinquent Accounts) Regular Hours $61.00 $61.00 After Hours $186.00 $186.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only $83.00 $83.00 1-1/2" & 2" meters only $151.00 $151.00 Larger than 2" Actual Time & Materials Actual Time & Materials Meter Test Fee (based on meter size) 3/4" & 1" $186.00 $186.00 1-1/2" & 2" 253.00 $253.00 3" or greater Actual Time & Materials Actual Time & Materials Utility Plant Locates Regular Hours 4CNo Charge 4CNo Charge After Hours $186.00 $186.00 Emergency No Charge 1CNo Charge Utility Compliance Specialist Inspection $83.00 $83.00 Administration Fee $35.00 $35.00 Utility Labor Rate Hourly (Equipment not included) $67.00 $67.00 4 of 7 Ordinance No. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 10 inch 12 inch Residential Commodity Charge (per HCF) Per HCF/Month Non - Residential Commodity Charge (per HCF) Fire Protection - Monthly Service Charge Service Size 1 inch 1 1/2 inch 2 inch 3 inch 4 inch 6 inch 8 inch 10 inch 12 inch Commodity Charge (per HCF) - For Usage Other Than Firefighting Low -Income Senior and Low -Income Disabled Citizen - Monthly Service Charge Base Charge (per account) 5/8" x 3/4" Base Charge (per account) 1" Commodity Charge 0 - 5 HCF/Month Over 5 HCF/Month Temporary/Construction Meter 1" Meter Deposit Base Fee (per month) Set Up Fee & Removal Fee Hydrant meter (3" Meter) Deposit Base Fee (per month) Set Up Fee Equipment Loss/Damage Commodity Charge (per HCF) City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) 2017 2017 Inside City Limits Outside City Limits $12.84 $19.26 $14.68 $22.03 $20.87 $31.31 $28.04 $42.06 $53.20 $79.80 $98.86 $148.29 $351.51 $527.27 $1,284.01 $1,926.02 $4,579.50 $6,869.23 $17,215.80 $25,823.70 $2.22 $3.33 $2.00 $3.00 $26.65 $39.97 $40.11 $60.17 $52.15 $78.23 $57.46 $86.21 $62.64 $93.95 $78.18 $117.27 $104.09 $156.13 $145.66 $218.49 $208.09 $312.13 $4.02 $6.02 $12.84 $19.26 $14.68 $22.03 No Charge No Charge $2.22 $3.33 $300.00 $300.00 $14.68 $22.03 $296.00 296.00 $2,000.00 $2,000.00 $53.20 $79.80 $296.00 $296.00 Actual Time & MaterialsActual Time & Materials $2.00 $3.00 $1.00 N/A 5 of 7 Ordinance No. ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF) RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) Commodity Charge (per HCF) Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit) Commodity Charge (per HCF) Multi - Family Base Charge (per unit) Commodity Charge (per HCF) Low -Income Senior and Low -Income Disabled Citizen Base Charge (per account) Commodity Charge (per HCF) 0 - 5 HCF/Month Over 5 HCF/Month Commercial I Base Charge (per account) Commodity Charge (per HCF) Commercial II Base Charge (per account) Commodity Charge (per HCF) Commercial III Base Charge (per account) Commodity Charge (per HCF) Commercial IV Base Charge (per account) Commodity Charge (per HCF) Commercial V Base Charge (per account) Commodity Charge (per HCF) Commercial VI Base Charge (per account) Commodity Charge (per HCF) Commercial VII Base Charge (per account) Commodity Charge (per HCF) Commercial Special Base Charge (per account) Commodity Charge (per HCF) Beverage Production Base Charge (per account) Commodity Charge (per HCF) Commercial Fountains - Separately Metered Base Charge (per account) Commodity Charge (per HCF) 2017 Inside City Limits $1.36 $34.24 $4.59 $27.12 $4.59 $27.12 $4.59 $21.24 No Charsze $4.59 $50.61 $4.73 X41$50.99 X49$6.06 X1$51.49 x$7.40 $51.99 $8.74 $57.19 $10.93 $62.91 $13.66 $69.20 $15.95 $76.12 $21.35 $51.49 $4.81 $50.61 $1.56 2017 Outside City Limits N/A 6 of 7 Ordinance No. $51.36 $6.89 $40.68 $6.89 $40.68 $6.89 $32.26 No Charge $6.89 $75.93 $7.10 X4$76.48 440$9.09 76.4977.24 x..$11.10 $77.99 $13.11 $85.80 $16.40 $94.37 $20.49 $103.80 $23.93 $114.18 $32.00 $77.24 $7.21 $75.93 $2.34 ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE July 1, 2017 * Pavement Restoration Charge May Also Be Assessed. ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) N/A when noted means "not applicable." R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utilty Rates - REDLINED 05.12.2017.docx 7 of 7 Ordinance No. 2017 2017 Inside City Limits Outside City Limits Septage Disposal (per gallon of tank capacity) $0.26 $0.38 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge $11.03 $16.55 Low -Income Senior and Low -Income Disabled Grinder Pump Surcharge $8.28 $12.42 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account) $13.73 N/A Exception: Duplex with 2 Meters (per account) $6.90 N/A Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge $6.87 N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge $13.73 N/A Commercial I Base Charge (per IHSU) $13.73 N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge $6.87 N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge $13.73 N/A Public School Districts (per account) $13.73 N/A Low -Income Senior and Low -Income Disabled Citizen Base Charge (per account) $8.36 N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) $1.52 N/A Water Quantity (per IHSU) $4.59 N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU) $3.04 N/A * Pavement Restoration Charge May Also Be Assessed. ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.) N/A when noted means "not applicable." R:\Legal\Legal\Ordinances\Public Works & Utilities\2017 Utilty Rates - REDLINED 05.12.2017.docx 7 of 7 Ordinance No. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Local Agency Contract with Massana Construction, Inc. for the Crown hill Elementary Safe Routes to School C1 Study Session Date: June 14, 2017 COUNCIL MEETING Date: June 21. 2017 Department: Presenter: Phone: PW&U Shane Weber 360-473-2354 SUMMARY: The City bid the project and bids were opened on June 9, 2017 and 3 bids were received. Massana Construction, Inc. is the lowest responsive, responsible bidder with their bid of $456,101.00. The Washington State Department of Transportation is required to concur with the City's recommendation to award the contract; staff have recommended the bid for approval. The contract is in WSDOT standard format as required for Federal Aid Projects; the complete contract is available for review in the Engineering Office. The project constructs sidewalks, some drainage improvements, and a rapid flashing beacon in the vicinity of the school. ATTACHMENTS: 1) Site Plan; 2) Bid Tabulation; 3) Local Agency Contract FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Capital Budget, and is funded by the Federal Highway Safe Routes to Schools Program, and Utilities STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award construction of the Crownhill Elementary Safe Routes to School Project to Massana Construction, Inc. upon receipt of concurrence to award from the Washington State Department of Transportation and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action Q G r-- ,- 4-, �U > ;,iiELE AVE 0 V) LJ. v fu ^ V I ON ca v 6 E Q) LU 0 U CITY OF BREMERTON BID TABULATION BID. TITLE.DATE Crownhill Elementary Sidewalks OPENED Andrea Archer -Parsons OPENED: 6/9/17 TIME I OPENED: 10:00 AM RECORDED BY: Shannon Corin NAME OF BIDDER BOND TOTAL BID (incl. Sales Tax) as Skhem, jou nd Arf - -t� rt tri ' �3�.� S -1� 7,2 g 9135. ,:2 SUMMARY ENGINEER'S ESTIMATE $ 425,000 APPARENT LOW BIDDER gleg Ser c � � ti $ /U/. 40 SECOND LOW BIDDER .!�v pvf UoAci (- C�Dy 'uU1SJ� $ THIRD LOW BIDDER a)�,7 ,lam r: seg $�5�- Local Agency Contract THIS AGREEMENT, made and entered into this day of between the, and the under and by virtue of Title 47 RCW, as amended and hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: in accordance with and as described in the attached plans and specifications, and the standard specifications of the which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by . II. hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. SR DOT Form 272-006A EF 07/2011 III. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all convenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the State by reason of entering into this contract, except as provided herein. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and has caused this instrument to be executed by and in the name of the day and year first above written. Executed by the Contractor (Contractor) Local Agency: Title: By: Date: SR DOT Form 272-006A EF 07/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Mason County for Chip Seal Maintenance Services C2 Study Session Date: June 14, 2017 COUNCIL MEETING Date: June 21. 2017 Department: Presenter: Phone: PW&U Chal Martin 360-473-5758 SUMMARY: This Interlocal Agreement provides a mechanism for Mason County to provide chip seal services on several East Bremerton street segments. The Agreement is for five years. This is a pilot program to explore means/methods to more efficiently maintain City streets. The initial projects under this Agreement are tentatively planned for the last week of July 2017. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2017 Transportation Benefit District program. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Mason County for Chip Seal Maintenance Services, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON FOR ROAD AND STREET CHIP SEAL MAINTENANCE SERVICES THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2017, by and between the City of Bremerton (hereinafter referred to as CITY) and Mason County (hereinafter COUNTY) collectively referred to as PARTIES. WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies, and WHEREAS, the City has expressed interest in an interlocal agreement with the County whereby the County's Public Works Department will provide road and street maintenance services (chip seal); and NOW, THEREFORE, in consideration of the mutual benefits and covenants herein the PARTIES agree as follows: 1. PURPOSE OF AGREEMENT: The purpose of this agreement is for Mason County to provide chip seal services for various roads and streets throughout the City of Bremerton, on a reimbursable basis. 2. ADMINISTRATION OF AGREEMENT: Each PARTY to this agreement shall have an agreement representative. Each PARTY may change its representative upon providing written notice to the other PARTIES. The PARTIES' representatives are as follows: To Mason County: Dept. of Public Works 100 W Public Works Drive Shelton, WA 98584 Attn: Melissa McFadden Phone: (360) 427-9670, Ext. Fax: (360) 427-7783 Email: MelissaM@co.mason.wa.us To Ci : Dept. of Public Works and Utilities 100 Oyster Bay Avenue N Bremerton WA 98312 Attn: Milenka Hawkins -Bates Phone: (360) 473-5333 Fax: Email: Milenka.Hawkins- Bates@ ci.bremerton.wa.us 3. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both County and City and shall remain in effect until December 31, 2022, unless either PARTY terminates by giving ten days written notice to the other PARTY. Either PARTY may terminate this agreement for convenience or any other reason. Page I 4. WORK REQUESTS: The City will normally request chip seal maintenance on a given street or road at least eight months in advance of the work being performed, by submitting to COUNTY the form attached hereto as Exhibit A ("Work Request"), or by other written means that include the information indicated by the form at Exhibit A. The request should be submitted by an authorized representative of the City by e-mail. Phone or verbal requests must be followed up with a written request. The COUNTY will only do work as authorized by the City. 5. SCHEDULING: The COUNTY representative will determine whether the COUNTY will perform the work requested on a particular Work Request, and will normally schedule the work in discussion with the City's representative, giving due consideration to the immediacy of the City's need and workload of the COUNTY. 6. COUNTY EMPLOYEES: COUNTY employees assigned to projects pursuant to this agreement remain employees of the COUNTY at all times and shall perform the work requested under the sole supervision of the COUNTY. 7. COMPENSATION: (A) The City shall pay the County its actual cost for requested services; an estimate will be provided by the County to the City if requested. (B) The COUNTY shall invoice the City detailing time and materials used by the COUNTY. (C) Payment is due upon receipt of invoice and payment shall be expected in thirty (30) days from date of invoice. Invoices and payments are to be sent to the address and representative referred to in Section 2. 8. NO SEPARATE ENTITY OR JOINT PROPERTY: No separate legal or administrative entity is created by this agreement, and no joint personal or real property will be acquired, held, or disposed of pursuant to this agreement. 9. HOLD HARMLESS AND INDEMNIFICATION: (A) The City shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages, and judgments of any nature whatsoever, including costs and attorney's fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the City's acts, errors or omissions in the performance of this agreement. PROVIDED HOWEVER, that the City's obligation there under shall not extend to injury, sickness, death or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees or agents. PROVIDED FURTHER, that in the event of the concurrent negligence of the PARTIES, the City's obligations hereunder shall apply only to the percentage of fault attributable to the City, its employees or agents. Page 2 (B) With respect to the City's obligations to hold harmless, indemnify and defend provided for herein, but only as such obligations relate to claims, actions or suits filed against the COUNTY, the City further agrees to waive its immunity under the State Industrial Insurance Law, Title 51, RCW, for any injury or death suffered by the City's employees caused by or arising out of the City's acts, errors or omissions in the performance of this agreement. This waiver has been mutually negotiated by the PARTIES. (C) The City's obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission or breach of any common law, statutory or other delegated duty by the City, the City's employees, agents or subcontractors. 10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING: The PARTIES shall perform the terms of the agreement using only their bona fide employees or agents. 11. COMPLIANCE WITH LAWS: The PARTIES shall comply with all applicable federal, state and local laws, rules and regulations in performing this agreement. 12. ATTORNEY'S FEES: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 13. NON-DISCRIMINATION POLICY: The COUNTY and the City agree not to discriminate in the performance of this agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 14. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this agreement. 15. SEVERABILITY: If any provision of this agreement shall be held invalid, such invalidity shall not affect the other provisions of this agreement that can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this agreement are declared to be severable. 16. FILING: This document shall be filed with the County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on the COUNTY'S website. Page 3 IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. DATED this , day of )2017. BOARD OF COUNTY COMMISSIONERS CITY OF BREMERTON MASON COUNTY, WASHINGTON Kevin Shutty, Chair ATTEST: Melissa Drewry, Clerk of the Board APPROVED AS TO FORM: Tim Whitehead, Ch. DPA Patty Lent, Mayor ATTEST Shannon Corin, City Clerk APPROVED AS TO FORM: Roger Lubovich, City Attorney Page 4 EXHIBIT "A" REQUEST AND AGREEMENT FOR REIMBURSABLE WORK PERFORMED BY MASON COUNTY DEPARTMENT OF PUBLIC WORKS The undersigned hereby requests that the following described work and/or service be performed by the Mason County Department of Public Works. It is understood that this work will be done at the convenience of the County and that the undersigned agency will reimburse all costs, unless otherwise indicated. DESCRIPTION OF WORK OR SERVICES REQUESTED: Estimate Attached: Yes No Projected Completion Date: Total Cost Not to Exceed $ The undersigned certifies that sufficient budgeted funds are available to cover the cost of the requested work and/or services, and that payment to the Mason County Department of Public Works will be made promptly unless otherwise indicated in this agreement. REQUESTING AGENCY: City of Bremerton, Department of Public Works and Utilities Address: Phone: FAX: Requested by: Signature: Name (Please Print) Title (Please Print) Date: A-1 ACTION OF MASON COUNTY PUBLIC WORKS Estimate Attached: Yes No APPROVED BY: MODIFIED BY: DATE: Deputy Director/County Engineer or Designee Modified as follows: DATE: A-2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Resolution No. Adopting the 2018 — 2023 Six Year Transportation Improvement Plan Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: C3 June 14, 2017 June 21, 2017 PW&U Tom Knuckey 360-473-2376 SUMMARY: The Six -Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation. This TIP is consistent with Bremerton's Comprehensive and Non -Motorized Transportation Plans, and Street CIP. ATTACHMENTS: Resolution No. ; 2018 — 2023 Six Year City TIP Projects FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a six-year TIP is required by State law, and is necessary to receive certain State and Federal Transportation funds. The TIP includes $237,513,336 in projects over the 6 -year planning period. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. , which approves the City's 2018 — 2023 Six -Year Transportation Improvement Plan, and allow the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2018 — 2023 Six Year Transportation Improvement Plan. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on June 21, 2017 to consider public testimony on the City's proposed 2018 - 2023 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan and in accordance with the provisions of RCW 47.80; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The 2018 through 2023 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. L ective 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 )2017. Eric Younger, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Public Works\2008 Resolution for TIP.doc Sir Year Transportation Plan Q m X LU 0 0 0 0 0 0 0 0 0 0 0 0 o rn o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O V 0 0 0 0 0 0 0 0. 0 . O V 0 0 0 0 0 0 0 0 . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O. 0 0 0.. O O. 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C C "�O N M M M U U m Q W w w o o w AGENDA BILL CITY OF BREMERTON CITY COUNCIL C4 SUBJECT: Ordinance No. Study Session Date: June 14, 2017 amending Chapter 9.92 of the Bremerton COUNCIL MEETING Date: June 21, 2017 Municipal Code entitled "Chronic Nuisance Department: Legal Properties" Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The proposed ordinance amends Chapter 9.92 of the Bremerton Municipal Code entitled "Chronic Nuisance Properties" to clarify the definitions of "chronic nuisance property" and "nuisance activity," and to make other related changes. ATTACHMENTS: Ordinance No. amending Chapter 9.92 entitled "Chronic Nuisance Properties" FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation OFull Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. amending Chapter 9.92 of the Bremerton Municipal Code entitled "Chronic Nuisance Properties." COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9.92 of the Bremerton Municipal Code entitled "Chronic Nuisance Properties." WHEREAS, the City Council desires to amend Chapter 9.92 entitled "Chronic Nuisance Properties" to clarify the definitions and make other changes to provisions related to chronic nuisance properties; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Chapter 9.92 of the Bremerton Municipal Code entitled "Chronic Nuisance Properties" is hereby amended to read as follows: Chapter 9.92 CHRONIC NUISANCE PROPERTIES 9.92.010 PURPOSE. (a) Chronic nuisance properties present grave health, safety and welfare concerns, where the persons responsible for such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This chapter is enacted to remedy nuisance activities that are particularly disruptive to quality of life and repeatedly occur or exist at properties by providing a process for abatement. This remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws. (b) Also, chronic nuisance properties are a financial burden to the e4yCity by the repeated calls for service to the properties because of the nuisance activities that repeatedly occur or exist on such property. This chapter is a means to ameliorate those conditions and hold accountable those persons responsible for such property. 9.92.020 DEFINITIONS. For purposes of this chapter, the following words or phrases shall have the meaning prescribed below: (a) "Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable e4t�City department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community; (b) "Control" means the ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property; Chapter 9.92 Chronic Nuisance Properties -Amended (c) "Chronic nuisance property" means_ r ef. y on v�hieh any eembination of three (1) Property that, within any done hundred twenty (120) dayperiod has three (3) or more nuisance activities, or (2) Property that, within any three hundred sixty-five365) day period has six (6) or more nuisance activities. s4stanee as defined in ehaptef 69.50 RGIAL, legend dfug as de-fined in ehaptef 69.41 RGAL, of ; (de) "Nuisance activity" means any nuisance that occurs or exists upon a property, or if specified in this section, occurs or exists within two hundred (200) feet of a property. To be considered a nuisance activity within two hundred (200) feet of the property, the nuisance activity must involve the person in control of the property and/or any person associated with the person in control of the property. A person is associated with the person in control of the property if he or she is a guest or invitee of the person in control of the property. Nuisance activity includes: (1) Any afettad ^ o a pfopefty, ineittding i.„* not 'iffi4e *^, violations of the following laws and regulations occurring or existing_on a property: (a) Unauthorized and rtmk vehieles BMG 9.08; Q4) Fire Code, BMG .&Chapter 18.02 BMC;; (iib) Multi-Family Requirements, Chapter 18.03 BMC; (e) Health and Saiiitatioii, BMG Title ; (iiied) Building Code, TWeChapter 17.04 BMC, insofar as it relates to the minimum standards of a dwelling unit and habitable spaces. (2) Any violation of the following laws and regulations occurring or existing on or within two hundred (200) feet of a property (i-a) Health and Sanitation, Title 6 BMC. (3) eCriminal conduct as defined by state law of leeal efdinanee occurring or existing on, afettad of noir or within two hundred (200) feet of a property as follows:, ' . (i-a) Most serious offenses, serious violent offenses, and violent offenses, as defined in RCW 9.94A.030, (iib) Burglary and Trespass, as defined in Chapter 9A.52 RCW, (iiie) Theft of a motor vehicle or mail, or possession of a stolen motor vehicle or stolen mail, as defined in chapter 9A.56 RCW; ivy Stalking, BMG T as defined in RCW 9A.46.110; (vgb) Harassment, BMG 9A.32 as defined in RCW 9A.46.020; (vifa) Failure to Disperse, 0" ^ ^ 030as defined in RCW 9A.84.020; (vii ) Disorderly Conduct, B 4r 9A. ^ ^ as defined in RCW 9A.84.030; Chapter 9A.36 RCW; (viiibe)Any level or type of Assault, B 49T as defined in Chapter 9.92 Chronic Nuisance Properties -Amended (ixi4) Any Domestic Violence crimes, B 49T as defined in RCW 10.99.020: (XiLg) Reckless Endangerment, BMG 32 as defined in RCW 9A.36.050; (xik4) Prostitution -related crimes, as defined in Chapter 9.24 BMC 9,24.0-20; o�o�-crrar v ��c�--r'crori�L�cn�'ccrrcc Noises, BN4G 6.32.120(a*, (xiilk) Lewd G,,,,a,,,.*Indecent Exposure, 1_31.� ,Ir ° ^ .^ ^ .070as defined in RCW 9A.88.010; (xiiiml) Any Firearms/Dangerous Weapons violations, as defined in BMC 9A.24.010 through BMC 9A.24.220 and Chapter 9.41 RCW, (Liv) Drug Rrelated Lloitering, as defined in BMC 9.89.4-9010; (xveff) Any Dangerous Animal violations, as defined in ChapterBM-E 7.12 40 BMC, (xvi )Any Pdrug--related activity, which means the manufacture, delivery, sale, storage, possession, or giving away controlled substance as defined in Chapter 69.50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69.52 RCW, and (xviiq) Any arrest pursuant to a warrant of arrest, where the person in control of the property had prior knowledge of the arrestee's warrant. (44) For purposes of this chapter, "Nuisance Activity" shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act. (gf) "Person" means natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, officer or employee of any of them; (fg) "Person responsible for property" or "Person responsible" means, unless otherwise defined, any person who has titled ownership of the property or structure which is subject to this chapter; an occupant in control of the property or structure which is subject to this chapter; a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to this chapter; and/or any person who has control over the property and allows a violation of this chapter to continue; (gh) "Premises" and "property" may be used by this chapter interchangeably and means , rental ttait, real estate or- land OF any property, including land and that which is affixed, incidental or appurtenant to land, including but not limited to any business or residence, grounds, vacant lots, facilities, parking area, loading_area, landscaping, building or structure or any separate part, unit or portion thereof, or any business equipment, whether or not permanent. odenee, of: sleeping plaee by e e „ease Chapter 9.92 Chronic Nuisance Properties -Amended 9.92.030 Violation. (a) Any property within the City of Bremerton which is a chronic nuisance property is in violation of this C -chapter and subject to its remedies; and (b) Any person responsible for property who permits property to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies. 9.92.040 Procedure. (a) When the Chief of Police; or his/her designee(s) (hereinafter "Chief'); receives documentation confirming the occurrence of three mor more nuisance activities within a sixtyone hundred twenty 120 day period or six (6) or more nuisance activities within a three hundred sixty-five (365) day period on or near any property, the Chief ^ori^ of: hi ief designee(s)rmay review such documentation to determine whether it describes the nuisance activities enumerated in BMC_9.92.020. Upon such a finding, the Chief oori^ er- hi ief designee(s)—'shall warn the person responsible for such property, in writing, that the property is in danger of being declared a chronic nuisance property. (b) The warning shall contain: (1) The street address or a legal description sufficient for identification of the property; (2) a -A concise description of the nuisance activities that exist, or that have occurred on the property; (3) a -A demand that the person responsible for such property respond to the Chief of Peliee or -1 i n,o, a;gnee(s) within ten 10 days of service of then ewarning to create a plan for abatement pursuant to subsection (e) herein, dice iss the r„isaflee ,,etivities and er-eate ., plan to abate the ehr-, nie „ e; and (4) offer- the per -q le an OPP614,dfiky for- the per -861i F-espelisible fe s'aeh prep€ttyto abate terse—&6ti� ti�ssg��te !-� eeviolation; aad L41fFA statement deser-ibifft-explainin�that if legal action is sought and the property is declared a chronic nuisance, the property could be subject to closure, civil penalties could be assessed, up to one hundred dollars ($100.00) per day from the date of the warning, and/or the City's costs could be assessed against all persons responsible for the property. pr-epeFty. (c) The Chief shall serve or cause to be served such warning ttpen the pefsen fvsp ,,,s;in accordance with the procedures set forth in BMC 1.04.040(e) and 1.04.040(f). (d) If the person responsible fails to respond to the warning within the time prescribed, the Chief may issue a notice declaring the property to be a chronic nuisance property and post such notice at the property. The Chief shall then refer the matter to the City Attorney for further action. of this ehapter-, the matter- shall be t4effed to the Offiee of the City Attemey fe 4 Chapter 9.92 Chronic Nuisance Properties -Amended (e) If the person responsible responds as required by the nye warning and agrees to abate the nuisance activity, the Chief , and the person responsible will work out an agreed "on eettFse of actio action plan toa.i.ie ..,,,,,'a abate the nuisance activity within a reasonable amount of time. If the action -plan does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the Chief may issue and post a notice as set forth in subsection (d) above, and the matter shall be forwarded to the O ffiee of the City Attorney for enforcement action. Provided, that in the event the Chief or the City Attorney determines that the person responsible has taken reasonable steps to abate the nuisance activity, the City Attorney shall not commence an enforcement action under this C—chapter, notwithstanding the continuance of the nuisance activity. (e)(f) Regardless of whether the nuisance activities are discontinued pursuant to a warning or action plan, the Chief may refer the matter to the City Attorney for enforcement if, within six (6) months of service of the warning as set forth in this section, the Chief receives additional documentation of the occurrence or existence of a nuisance activity as defined in BMC 9.92.020(e). (#)�g�It is a defense to an action for chronic nuisance prep€ that the person responsible, at all material times, could not; in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not; in spite of the exercise of reasonable care and diligence; control the conduct leading to the determination that the property is a chronic nuisance property. 9.92.050 Commencement of Action—Enforcement. (a) .,toy., r-eview , and make „ detef,,,inatio to initiate legal , or- stateseek altef ..love f,.fRis ,.f abateig Upon referral pursuant to BMC 9.92.040, the City Attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance properly, , to impose penalties pursuant to this chapter, to seek alternative remedies under si�City or state laws, and to seek any other relief authorized by law. (b) In determining whether a property shall be deemed a chronic nuisance property and subject to the court's jurisdiction, the City shall have the initial burden of proof to s rp oving by a preponderance of evidence that the property is a chronic nuisance property. The City may submit official police reports, reports of other e�City departments, and other affidavits outlining the information that led to arrest(s); and other chronic nuisance activity_ the pf:epefty. The failure to prosecute an individual, or the fact no one has been convicted of a crime is not a defense to a chronic nuisance action. (c) Once a sefcourt determines the property to be a chronic nuisance under this Echapter, the court may impose a civil penalty against any or all of the persons responsible for the property, and may order any other relief deemed appropriate. A civil penalty may be assessed for up to one hundred dollars $100.00 per day for each day the nuisance activity continues to occur following the date of the original warning by the Chief of Peliee,of: his4ief as described in BMC 9.92.040. In assessing the civil penalty, the court may consider the following factors, citing to those found applicable: 5 Chapter 9.92 Chronic Nuisance Properties -Amended (1) 4-1+eThe actions taken by the person responsible to mitigate or correct the nuisance activity; (2) gie-The repeated or continuous nature of the nuisance activity; (3) The statements of the neighbors or those affected by the nuisance activity; and (4)Another factor deemed relevant by the court. (d) The s"er-iercourt which determineds the property to be a chronic nuisance property s1+&4may also assess costs against the person responsible in the amount it costs the City to abate, and/or attempt to abate, the nuisance activity. (e) If the stipefiefcourt determines the property to be a chronic nuisance property, the stiperieFcourt shall mu order the property closed and secured against all unauthorized access, use and occupancy for a period up to one aJyear1J . may make any order that will reasonably abate nuisance activities, may authorize the City to take reasonable action to abate and prevent further nuisance activities, may order that the Chief shall have the right to inspect the property to determine whether the court's orders have been complied with, and may impose a civil penalty and costs. (f) Once a determination has been made by the super-iercourt that the chronic nuisance property shall be subject to closure the court may authorize the City to physically secure the premises and initiate such closure. Costs for such closure, or any other court - authorized abatement activity by the City, shall be submitted to the Court for review. Any civil penalty and/or costs awarded to the City may be filed with the eilyCity treasurer who may sl+all cause the same to be filed as a lien on the property with the cGounty !-Treasurer. The City shall file a formal lis pendens notice when an action for abatement is filed in the superiercourt. (g) The sttper-iefcourt s may retain jurisdiction during any period of closure or abatement of the property. pttr-sttant to this ehapter-. 9.92.060 Summary Closure. Nothing in this chapter prohibits the City from taking any emergency action for the summary closure of such property when it is necessary to avoid an immediate threat to public welfare and safety. The City may take summary action to close the property without complying with the notification provisions of BMC 9.92.040, but shall provide such notice as is reasonable under the circumstances. 9.92.070 Severability. If any portion of this ordinance, or its application to any person or circumstances, is held invalid, the validity of the ordinance as a whole, or any other portion thereof, or the application of the provision to other persons or circumstances is not affected. SECTION2. Severability. If anyone 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. 6 Chapter 9.92 Chronic Nuisance Properties -Amended SECTION 3.L ective 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 )2017. ERIC YOUNGER, Council President Approved this day of )2017. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of )2017. EFFECTIVE the day of )2017. ORDINANCE NO. R:\Legal\Legal\Ordinances\Police\Chronic Nuisance Ord -draft 6.6.2017.doc 7 Chapter 9.92 Chronic Nuisance Properties -Amended AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. to establish a Community Development Block Grant (CDBG)/HOME Housing Rehabilitation/Down Payment Assistance Loan Program Portfolio Management Guide CS Study Session Date: June 14, 2017 COUNCIL MEETING Date: June 21. 2017 Department: Presenter: Phone: DCD-CDBG Sarah Achaoui 360-473-5375 SUMMARY: Staff recently conducted an internal audit of CDBG/HOME funded Down Payment Assistance and Home Repair Loan. During this audit it was determined that the City needs to have policies and procedures in place to help guide the management of our loan portfolio. Once adopted these loan management procedures will aid in reconciling existing older loans, and help prevent loans from entering into "unrecoverable" status. The purpose of this Agenda Bill is for Council to adopt this management tool. ATTACHMENTS: I. Staff Memo II. Proposed Resolution No. Resolution Exhibit A Loan Portfolio Management Policy FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. adopting the City of Bremerton Home Rehabilitation Program and Down Payment Assistance Loan Program Portfolio Management Guide. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: Bremerton City Council From: Sarah Achaoui, CDBG/HOME Administrator Date: June 14, 2017 Subject: City of Bremerton CDBG/HOME Down Payment Assistance/Housing Rehabilitation Loan Program Loan Portfolio Management Policy and Procedures Loan Portfolio Management Policy and Procedures For many years the City CDBG Program has offered loans to low-income residents of our community for either housing repair or down payment assistance. We are recommending adoption of Loan Portfolio Management Policy and Procedures to establish a framework by which the City can better meet the following goals: ✓ Write-off loans that are unrecoverable to remove them out of the City's loan portfolio; ✓ Recover City's investment; ✓ Represent most accurately City's liabilities and recoverable assets for financial reporting; ✓ Establish polices to ensure that loans do not fall into unrecoverable status; ✓ Establish policies with the goal to eventually continue funding loan programs with proceeds of loan payoffs. Historically, the City has offered the following two housing loan programs: • The City's Down Payment Assistance Program offered loans up to $20,000 in down - payment and closing cost assistance to low-income, first-time homebuyers. Most of these loans carry 3% simple interest and have a deed of trust recorded on the home. • The City's Home Repair Loan Program offered loans up to $25,000 to low-income homeowners to make health and safety repairs to their homes. Loans generally carry 3% to 5% simple interest, depending on income; principle and interest are deferred for 15 years. A deed of trust is recorded on the home. Over the years, the administrators of the City's loan program have developed policies that have managed the loans based on prevailing needs that has resulted in a loan portfolio containing varying terms and conditions. Staff recommends adopted policies and procedures to directly address and streamline loan portfolio management, regardless of which loan program authorized the loan, or when, as follows: • Procedures for accurate inventory and analysis of loan portfolio • Policy and procedures for timely collection of loans • Policy and procedures for loan modification and subordination • Policy and procedures for loan forgiveness • Page 2 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Home Rehabilitation/Down Payment Assistance Loan Program Portfolio Management Guide. WHEREAS, the City of Bremerton ("City") recognizes that improvement of the quality and integrity of its housing stock is important to the long term livability and development of the City; and WHEREAS, the City recognizes that rehabilitation of its low income owner occupied units and down payment assistance to help low income first time homebuyers is a good public investment in community development and revitalization; and WHEREAS, the City's Housing Rehabilitation Loan Program and Down Payment Assistance Program has been active since 1989, with the most recent loan issued in 2015, and the City recognizes the need to establish management procedures to actively monitor the loans; and WHEREAS, the City wishes to establish policies and procedures to assist homeowners who fall into default while ensuring that loans do not fall into unrecoverable status, and will seek write-off/forgiveness for loans that are no longer recoverable for more accurate financial reporting; and WHEREAS, the City wishes to ensure continuing program integrity by annually revisiting and updating as needed the program's description and administrative guidelines; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The recitals and findings of fact set forth in this Resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Home Rehabilitation Loan Program/Down Payment Assistance Loan Program Loan Portfolio Management Guide set forth in Exhibit A, attached hereto and incorporated herein by this reference, is hereby adopted. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. Home Rehabilitation/Down Payment Assistance Loan Portfolio Management Guide PASSED by the City Council of the City of Bremerton, Washington this day of )2017. APPROVED AS TO FORM: ERIC YOUNGER, Council President ATTEST ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Community Development\Home Rehabilitation Down Payment Assistance Loan Portfolio Management Guide 05.30.2017.doc 2 Home Rehabilitation/Down Payment Assistance Loan Portfolio Management Guide Exhibit A CITY OF BREMERTON HOME REHABILITATION PROGRAM DOWN PAYMENT ASSISTANCE LOAN PROGRAM LOAN PORTFOLIO MANAGEMENT GUIDE I. INTRODUCTION..........................................................................................................3 II. HISTORY.........................................................................................3 III. LOAN PORTFOLIO MANAGEMENT...........................................................4 IV. DEFAULT PROCESS.........................................................................5 V. SUBORDINATION..............................................................................7 VI. LOAN MODIFICATION......................................................................8 VII. CDBG BORROWER VERIFICATION FLOW CHART................................8 2 I. INTRODUCTION The preservation of existing affordable housing is critical to the provision of reasonable cost housing for very low income households. It is also an important element in any plan to revitalize older deteriorated neighborhoods. Housing is not a static asset which can be built and then ignored. Ongoing maintenance, repairs, and occasional refurbishing of the basic systems (roof, electrical, plumbing, foundation, etc.) must be combined with adapting or remodeling of the house to fit changing conditions and energy efficiency needs (rising energy costs, higher electrical use, etc.). Housing rehabilitation is both simple and complex. Implementation of a public neighborhood rehabilitation program includes the responsibility for responsible use of public funds, detailed housing inspections and conditions analysis, development of individual rehabilitation plans, reviewing and verifying financial applications, verifying ownership and title documents, reviewing construction bids, conducting loan closings, monitoring construction work, servicing loans, mediating disputes, advising and educating homeowners in the loan and construction process, advising small contractors, and communicating the program to potential applicants. To effectively implement a neighborhood rehabilitation program, clear program goals, objectives and policies must be adopted, clear management responsibility and authority must be established. II. HISTORY The City's Block Grant Program has run two loan programs over many years: Down Payment Assistance (also known as: DPA -for first-time, low-income homebuyers), and Home Repair Loan Program (also known as: HRLP-for low income, homeowner occupied homes). DPA loans have been made primarily with HUD HOME funds, some with HUD CDBG funds, and very rarely with non -HUD discretionary funds for the occasional household that slightly exceeds the HUD low-income threshold. Very old loans (oldest is 1981, through about 1997) were managed in-house, and their terms tend to be 0% interest and deferred for either 20 years, or no end term. These loans were transferred to the City many years ago by Bremerton Housing Authority when they discontinued their loan program. Some of these very old loans may have a lien recorded instead of a deed. Middle-aged loans made by the City between approximately 2000-2007 are serviced by Weststar, a loan servicing company. These Down Payment Assistance or Home Repair Loan Program loans were funded with CDBG, HOME or discretionary funds. A deed should be recorded for all of these loans. They are interest only, with a loan term of 15 years. In 2007 the City discontinued use of Weststar for any new loans. Beginning in 2007 the City resumed servicing Down Payment Assistance and Repair Loan Program servicing for new loans with 15 -year deferred principal and interest. A deed should be 3 recorded for all of these loans. In 2008 the City entered into an agreement with the Washington State Housing Finance Commission (WSHFC) to handle all aspects of the City's Down Payment Assistance Program. The first WSHFC "House Key Bremerton" Down Payment Assistance loans closed in 2009. The Home Repair Loan Program has been put on hold temporarily pending the establishment of defined procedures for loan portfolios including (but not limited to) loans in default that are unrecoverable. When adopted, the loan management procedures will aid in reconciling existing older loans, help prevent future loans from entering into "unrecoverable" status, and allow the City to resume the Home Repair Loan Program when funds are available. Due to the number of lower income homeowners in the City, the overall age of the homes in the City limits, and the lack of available programs, it is beneficial to our community to resume the Home Repair Loan Program again. III. LOAN PORTFOLIO MANAGEMENT Responsible: CDBG Administrator I. Annual Loan Portfolio Review A. Follow "CDBG Borrower Verification Process" flowchart in Part 4, including: a. Review of loan terms and conditions b. Review of Assessor's parcel search website c. Review of Auditor's Public Records d. Verification of taxpayer mailing address e. Review of utilities records for site address f. Annual review of death records B. Determine outcomes of Annual Loan Portfolio review a. Loan is Valid i. Continue deferment C. Borrower Default a. Initiate contact with borrower to determine reasons for default b. Evaluate loan default on case by case basis and consider the following options for action: 0 i. Foreclosure ii. Write-off iii. Forgiveness iv. Payment Plan D. Property Transfer or Change in Use — Loan due in full a. Send Letter notification that loan is due in full b. Borrower pays off loan via 1) Lump Sum or 2) Payment Plan c. Consider foreclosure proceedings or collection agency if no response or cannot repay IV. LOAN MODIFICATION POLICY AND PROCEDURES FOR DEFAULTED LOANS A. The City of Bremerton will consider loan modification to extend deferment period for loans or to establish a payment plan for borrowers who 1) reside full-time in the home for which the loan was provided, and 2) qualify at 80% of area median income or less (based on HUD guidelines) at the time modification is requested. B. The City of Bremerton will consider loan modification to establish a payment plan for loans for borrowers who 1) reside full-time in the home for which the loan was provided, and 2) earn in excess of 80% of area median income (based on HUD guidelines) at the time modification is requested. C. Steps for Loan Modification a. Continued Deferment: i. Staff revises Promissory Note and Deed of Trust as necessary to reflect additional years of deferment ii. Additional deferment years are determined on a case by case basis iii. Borrower must agree to the changes and sign revised documents iv. Borrower must agree to pay the cost of recording and reconveyance fees for the revision, either as cash or as an addition to the loan amount owed v. Staff records revised Deed of Trust vi. Staff requests reconveyance on old Deed of Trust 61 b. Payment Plan: i. Staff works with borrower to set up a payment plan acceptable to both parties ii. Staff revises Promissory Note and Deed of Trust as necessary to reflect years of deferment equal to the length of the payment plan iii. Promissory Note to include terms of Payment Plan iv. Borrower must agree to the changes and sign revised documents v. Borrower must agree to pay the cost of recording and reconveyance fees for the revision, either as cash or as an addition to the loan amount owed vi. Staff records revised Deed of Trust vii. Staff requests reconveyance on old Deed of Trust viii. City of Bremerton issues an annual statement to borrower of amount owed after payments are applied ix. If Borrower does not adhere to payment plan, loan defaults and City of Bremerton may begin foreclosure proceedings D. Policy and procedures for loan forgiveness and write-off a. Loan Forgiveness i. Applicable to loans that are 20 years or more and are within recoverable period (statute of limitations) ii. Must be approved by City Council iii. When applicable, staff will present loans for forgiveness annually for Council action to forgive the loan(s), if any iv. Adjust Portfolio assets for financial reporting v. Staff initiates reconveyance of title or Quit Claim Deed, collect reconveyance fee from Borrower when possible b. Loan Write-off i. Applicable to defaulted loans 11 ii. Promissory Notes that are no longer enforceable (because it is outside of statute of limitations) convert to grants and write off loans iii. Staff will provide summary of defaulted loans (if any) to Department of Financial Services in end of year reporting iv. Adjust Portfolio assets for financial reporting v. Must be approved by City Council Year-end report of accurate loan portfolio assets to Department of Financial Services which shall include: i. Listing of loans outstanding ii. Detail of payoffs, defaults, and forgiveness iii. Summary of activity and balances at year end V. SUBORDINATION OF LOANS Responsible: CDBG Administrator and DCD Director Approval I. In the event the homeowner refinances a prior debt the Home Repair Loan Program may allow for subordination under the following terms: A. This loan is a rate reduction, no cash back to Borrower; City of Bremerton will allow reasonable closing costs as provided in HUD -1 B. Review Good Faith Estimate and HUD -1 Settlement Statement prior to closing and a copy of the final HUD I Settlement Statement provided to this office upon closing C. Lender to prepare subordination agreement D. Copy of recorded subordination agreement E. Copies of pay stubs, current tax return, and award letters of all household members F. City of Bremerton listed as second mortgagee with Homeowners Insurance VI. LOAN MODIFICATION Responsible: CDBG Administrator with DCD Director Approval I. The Home Rehabilitation Program may modify loans terms and conditions to facilitate transfer of ownership to family member if the recipient meets the loan and very low income eligibility requirements. VII. CDBG BORROWER VERIFICATION FLOW CHART Black Grant Borrower Verification Search Parcel No. on Khsap County Assessor's Parcel Search website V enfy Borrower is Taxpayer Fns loan expired N a or within 2 yeas {A)Loars ofexpration? v Yes Verityrecorded len through Punic Records Search or CCB comments (131)=`r Bl)Borrower Defalts Consder Coundl Approved Write Off of Bad Debt rrower Noydefe.enl perty Has loan been Borrower ryo is fisted as Seard, Parcel No. on Public Records Seadi for expired more t Yes Taxpayer? Recorded Property I rahsler (Statute of { Limitationsj? Yes Verify Taxpayer No maiing address is Site Address N o PropertyTransfa or Charge of Use Taxpayer4Nme, No Notice ofForedosire coaling iing Send letter to mailing address on Tax Statement address sss a notif} ng Borrower's/Property Owners loan is due in Site ox? full and make payment arrangements Address? Yes rrower's N o Unities r/Sener) Response Received? Are es in N o wers Yes e? Fns loan expired N a or within 2 yeas {A)Loars ofexpration? v Yes Verityrecorded len through Punic Records Search or CCB comments (131)=`r Bl)Borrower Defalts Consder Coundl Approved Write Off of Bad Debt rrower Noydefe.enl perty ppay the en? 4�ten. n s 4aaide do F oent is expectedcei, (A) Loan is valid Payoff, or 6egn loan moditicaton for continued deferment or pmt plan G (B2)Borrower Defadts Foredosure Praceedhrgs Adjust Alow ce for Bad Debt AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Resolution No. adopting the 2018 CDBG/HOME Policy Plan and announcing the release of the Request for Funding Proposals for the 2018 program year SUMMARY: Study Session Date: June 14, 2017 COUNCIL MEETING Date: June 21. 2017 Department: Presenter: Phone: DCD-Block Grant Sarah Achaoui 360-473-5375 The action before Council is adoption of the 2018 Policy Plan. The Policy Plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards and provides specific information about the policies and regulations for the use of HUD CDBG and HOME funds. This plan was released on May 12 for public comment, and to date there have been no comments made. Staff will also be announcing that the Request for Funding Proposals for CDBG funds will be available on June 23rd and due July 14th. All potential applicants must attend a mandatory Technical Assistance session on June 281h ATTACHMENTS: I. Staff Memo II. Proposed Resolution No. with Exhibit A-2018 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 0 Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. adopting the 2018 CDBG/HOME Policy Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 To: Bremerton City Council From: Sarah Achaoui Date: June 14, 2017 Re: Public Hearing to adopt the 2018 Policy Plan What is the Policy Plan? DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 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. Policy Changes for 2018 1. Amend the $30,000 cap on Down Payment Assistance per household to allow for 20% of the purchase price 2. The following City of Bremerton staff will participate in the Project Review Committee: DCD Director, Assistant Finance Director, Community Development Project Assistant 3. All applicants will be responsible for submitting a total of 8 paper copies and one electronic .pdf of their application upon submittal. 4. TA will be mandatory for all applicants Important components of the Policy Plan Mandatory Technical Assistance Session All potential applicants must attend a technical assistance session. This session will be held on Wednesday, June 28th beginning at 10:00 am at the Norm Dicks Government Center in the Mayor's Conference room. FY 2017 Income Limits HUD will be releasing the 2017 Income limits on June 15t", 2017. According to HUD guidance, all CPD programs must use the HOME income limits. Public Comment A 30 -day public comment period commenced May 12, ending June 12. RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2018 City of Bremerton CDBG/HOME Policy Plan. WHEREAS, the City of Bremerton (City) is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development (HUD), 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 2018 CDBG allocation of $400,000 with 20% set-aside for administration; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2018 HOME allocation of $244,927, 10% of which will be set-aside for administration, 15% for Community Housing Development Organization projects; and WHEREAS, all projects must meet both a Consolidated Plan Funding Priority as well as a Council Priority, both of which are detailed in the Policy Plan; 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 Sun and posted on the City's website on Friday, May 12th, notice of a 30 - day written public comment period commencing May 12th, 2017 and ending June 12th, 2017; and notice of a public hearing on June 21 st, to be open for public comment; 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. SECTION 2. The 2018 CDBG/HOME Policy Plan attached hereto as Exhibit A is hereby adopted. SECTION 3. Severability. If any one or more sections, subsections, or sentences 2018 CDBG/HOME Policy Plan of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of )2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ERIC YOUNGER, Council President ATTEST: SHANNON L. CORIN, City Clerk R:\Legal\Legal\Resolutions\Community Development\CDBG HOME Policy Plan Resolution REDLINED 05.26.2017.docx 2 2018 CDBG/HOME Policy Plan Exhibit A City of Bremerton Community Development Block Grant .y L - �\ -NIX r D • B + .: ar ra, of -p? ogres - Sip ?s ofsuccess 2018 CDBG/HOME POLICY PLAN CDBG/HOME POLICY PLAN Contents Executive Summary...........................................................................1 Community Development Block Grant Program....................................1 CDBGFunding..................................................................................2 HOMEFunding..................................................................................5 Allocation Process.............................................................................7 Policies & Regulations for Use of Funds........................................................8 Neighborhood Revitalization Strategy Area...........................................10 Citizen Participation Plan.....................................................................14 Consolidated Plan..............................................................................15 Appendix A — Citizen Participation Plan Appendix B — CDBG Eligibility Requirements & Program Rules Appendix C — Anti -Displacement & Relocation Assistance Plan Appendix D — Conflict of Interest Policy Appendix E — Glossary Appendix F — Map CDBG/HOME Policy Plan 12018 Executive Summary The 2018 City of Bremerton CDBG/HOME Policy Plan provides guidance for applicants applying for 2018 funds on things such as eligibility, overview of the funding allocation process, regulatory requirements and local policy decisions. The allocation of CDBG and HOME funds are guided by the Strategic Plan which is a part of the Consolidated Plan. Kitsap County and the City of Bremerton have prepared a Consolidated Plan for 2016-2020 in order to implement our community's federal program funds. The purpose of the plan is to evaluate community needs and set goals for the five year plan period. Through a Community Needs Assessment, Housing Market Analysis and with community and stakeholder input, the City of Bremerton has developed a Strategic Plan. The City of Bremerton's Strategic Plan outlines the priorities and goals which guide the allocation of funds over the five year period. The funds allocated for the 2018 grant application cycle will be included in the Year 3, Action Plan associated with the 2016-2020 Consolidated Plan. The priorities identified for the five year period are as follows: • 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. Policy Changes for 2018: 1. Amend the $30,000 cap on DPA per household to allow for 20% of the purchase price 2. The following City of Bremerton staff will participate in the Project Review Committee: DCD Director, Assistant Finance Director, and Community Development Project Assistant 3. All applicants will be responsible for submitting a total of 8 paper copies and one emailed digital .pdf of their application upon submittal 4. Technical Assistance will be mandatory for all applicants 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 a percentage (as determined CDBG/HOME Policy Plan 2018 by HUD) of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. As the City of Bremerton is designated as a separate Entitlement Community and therefore the City receives its own CDBG funds directly. CDBG funds are allocated annually through the City in Requests for Funding Proposals. HOME funds are allocated annually through a competitive grant process coordinated by Kitsap County. 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. CDBG FUNDS WHAT ARE 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 capital, economic development and microenterprise activities (please contact the Block Grant Administrator to confirm if your activity is eligible). • Faith based organizations • Additionally, applicants must: • 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 City requirements for contracting agencies such as insurance requirements, audit and financial requirements. 2 CDBG/HOME Policy Plan 12018 FUNDING PRIORITIES All Projects MUST meet one of the following Consolidated Plan funding priorities: • Revitalize targeted neighborhoods; • Improve and preserve affordable homeownership housing; • Expand economic opportunities for very -low, low, and moderate income Bremerton residents; • Abate Blight conditions within the designated blight area (see map in Appendix E); • Increase homeownership opportunities for low to moderate income Bremerton residents. If the applicant cannot associate its project with one of the funding priorites listed above the project will be deemed ineligible for funding. For the 2018 Program Year Bremerton City Council has chosen the following priorities for use of funds: • Capital Projects in the Target Area (See map in Appendix E) • City -Wide Job Training Programs Proposals for Activities that do not meet these funding priorities will not be eligible for funding. WHAT ARE ELIGIBLE ACTIVITIES? This list is broken down by priority area. Please ensure your project both match a Council Priority and are an eligible activity. 1. Capital Projects in the Target Area Eligible activities are defined in the CDBG Federal program regulations at 24 CFR 570.201 and 570.207. Examples from CFR include: • Acquisition of real property by purchase, lease or donation; • Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements; • Childcare Center Improvements • Clearance, demolition and removal and rehabilitation of buildings and improvements; • Removal of material and architectural barriers; • Planning activities; • Preservation, rehabilitation or restoration of historic properties; • Acquisition, rehabilitation, or construction of rental housing; • Rehabilitation of privately owned buildings and improvements for residential purposes; • Farade Improvement 3 CDBG/HOME Policy Plan 2018 • 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; 2. City -Wide Job Training Programs • Assistance to carry out economic development projects for job training purposes; The following activities are generally not eligible for CDBG funding: • New residential housing construction, except in special circumstances • Regular government operations • Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (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 Beneficiaries of projects receiving CDBG funds must have incomes below 80% of the area median income. HOW MUCH MONEY IS AVAILABLE? CDBG programs are federally funded through the Department of Housing and Urban Development. Funding levels are determined by HUD after the Federal Budget is finalized, which often occurs after the program year has begun. The City of Bremerton estimates funding levels in order to start the grant application process; therefore, funding amounts shown in the table below are estimates. If HUD allocates a different amount to these programs than what was estimated, actual funding awards will be increased or decreased to accommodate the discrepancy. The estimated funds below are based on 2017 allocations and historic funding trends. The following table (on next page) shows an overall view of the total estimated amount of funds available in this application cycle by the application type and funding sources. Please note that the City of Bremerton is basing this estimate on an amount of $400,000. There is no designated amount for application type, applicants are encouraged to apply for the amount of funding they need to complete a project. Please note that projects with multiple sources of funding will be more competitive than projects that are utilizing CDBG as their only funding source. WHAT IS THE DISTRIBUTION OF CDBG FUNDS? The CDBG program allows 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: CDBG • Planning & Administration — 20% max • City -Wide Job Training Programs M CDBG/HOME Policy Plan 12018 • Capital Projects in Target Area Appendix B 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. Estimated Funding Available for the 2018 CDBG Allocation Process Estimate of 2018 Entitlement $400,000 Total Entitlement $400,000 Reallocated funds prior year $32,814 Total Available for Allocation $432,814 Estimated Allocation of 2018 Funds: Available for 2018 Planning and Admin (20% of entitlement + PI) $80,000 Remaining Amount Available for grant applications: $352,814 Subtotal Available for grant applications $352,814 Total Allocation of Funds $432,814 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. CDBG/HOME Policy Plan 12018 WHAT ARE ELIGIBLE ACTIVITIES? 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 eligible 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. HOW MUCH MONEY IS AVAILABLE? $244,927 HOME- City of Bremerton Projects • $86,120 (estimated) 2017 Funds -To utilize these funds the project must have all sources of funding committed to the project by May 1, 2019 and be ready to execute a contract. • $158,807 (estimated) 2018 Funds -To utilize these funds the project must have all sources of funding committed to the project by May 1, 2020 and be ready to execute a contract. o The estimated total includes $26,468 for CHDO agencies developing affordable housing. o A CHDO agency can use more than the allotted CHDO funds. 1 CDBG/HOME Policy Plan 12018 Eligible Activities: Acquisition, preservation, or rehabilitation of existing housing, and homebuyer assistance. Priorities: Funding priority for City of Bremerton HOME funds is for projects that increase homeownership opportunities for low to moderate income Bremerton residents through improving and preserving affordable housing in the Bremerton City Limits. ALLOCATION PROCESS HOW ARE FUNDS ALLOCATED? The City of Bremerton, in conjunction with Kitsap County, the Affordable Housing Grant Program and Homeless Housing Grant Program, conduct a competitive funding application process for HOME funds. The City independent from the County will create a Request for Funding Proposal (RFP) for CDBG funds based on its priorities for use of funds which is separate from the process used for HOME funds. The request for funding proposals will be released in June and a city -driven process will be used to determine funding allocations for HOME/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 CAN MY ORGANIZATION APPLY? For the 2018 program year the application cycle will begin with the release of the Policy Plan in May and the 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. Interested organizations can find the RFP's and all associated information on the City web site at http://www.ci.bremerton.wa.us/display.php?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. WHEN WILL FUNDS BE AVAILABLE? Funds for the programs taking place in the January 1 – December 31 program year are generally not available until mid -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 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. 7 CDBG/HOME Policy Plan 12018 POLICIES ®ULATIONS 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. gov/213/Subrecipient-CDBG-HOM E -Guidebook. You may also contact the City Block Grant Staff for additional assistance. All applicants for 2018 will be required to attend a Technical Assistance session on June 24th beginning at 10:00 am in the Mayor's Conference room on the 6th floor of the Norm Dicks Government Center. 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 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 will withhold up to 10% 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 eligible 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). For more information on determining income see the Technical Guide for Determining Income and Allowances for these programs. This guide and can be downloaded from: http://archives.hud.gov/offices/cpd/affordablehousing/modelquides/1780.pdf M CDBG/HOME Policy Plan 12018 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 City during the award year (i.e. Funds awarded for 2018 must have an agreement executed by Dec. 31, 2018). ➢ 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 the 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 & HOME Funded Capital Projects Recipient of CDBG funds 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. Projects awarded HOME funds are subject to an affordability period which places certain restrictions on occupancy, resale, and rent for rental properties. The City may require a recorded document to be attached to the property to ensure the appropriate provisions are secured. See Appendix B for CDBG eligibility requirements. I CDBG/HOME Policy Plan 12018 Neighborhood Revitalization Strategy Area The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the target area for use of CDBG funds (See attached map, Appendix E). Communities with approved Neighborhood Revitalization Strategy Areas are offered enhanced flexibility in undertaking economic development. This flexibility is designed to promote innovative programs in economically disadvantaged areas of the community. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused on the selected neighborhood may be classified as meeting the Low/Moderate Income (LMI) area benefit national objective requirements. • Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. • This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community's job creation/retention programs. Aggregation of housing units for which CDBG funds obligated during each program year and treat them as a single structure. - 51 percent of total number of units must be occupied by LMI households. - This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. - In turn, grantees have flexibility in providing housing to residents of the NRSA neighborhood. - NOTE: The flexibility to aggregate housing units assisted does not change the requirement that homeownership assistance provided under 570.201 (n) must be provided only to LMI households. Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards. - This reduces recordkeeping requirements. - This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. B. HOME FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please contact your CDBG Administrator. C. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix B CDBG Eligibility & Program Requirements. 10 CDBG/HOME Policy Plan 12018 D. FINANCIAL MANAGEMENT 1. Uniform Administrative Requirements Agencies must comply with 2 CFR 200 Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards. Agencies that do not meet the audit threshold for mandatory audits 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. 2. Audit Requirements Private non-profit agencies expending $750,000 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 Circular A-133 Compliance Supplement. Agencies are responsible to meet this audit requirement. Agencies that do not meet the $750,000 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 2 CFR Part 200. Additional information on procurement requirements can be found in Section E of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program Website. F. ENVIRONMENTAL REVIEW 1. Environmental Review (24 CFR Part 58) All CDBG/HOME projects must have a National Environmental Policy Act (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 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 11 CDBG/HOME Policy Plan 2018 legal ads and printing costs. The cost of any studies required to complete the 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 & ACCESSIBILITY 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: a. Title VI of the Civil Rights 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 Housing 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 Opportunity in Housing: 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. Age 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.gov/offices/fheo/progdesc/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. Additional information on equal opportunity and accessibility can be found in Section G of the CDBG/HOME Guidebook on the City of Bremerton Block Grant Program web sites. H. LABOR STANDARDS & CONSTRUCTION 1. Equal Opportunity for Employment and Contracting CDBG and HOME funded projects are subject to the following regulations governing employment and contracting opportunities. 12 CDBG/HOME Policy Plan 2018 a. Equal Employment Opportunity: 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 Housing 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. Minority/Women's Business Enterprise: Outreach to minorities and women in contracting for services (24 CFR 85.36(e)). 2. Labor Requirements 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 Safety 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 City of Bremerton Block Grant Program web site. 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 City of Bremerton Block Grant Program web site. 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 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. 13 CDBG/HOME Policy Plan 12018 I. REPORTING & 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. J. ACQUISITION & RELOCATION 1. Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24) These regulations apply to any federally -assisted project involving acquisition, 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 C. 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 C. 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 City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. 14 CDBG/HOME Policy Plan 12018 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 submittal of the 2018 action plan will be for year three. The Consolidated Plan requires a jurisdiction to identify all of its housing and community development needs, and then develop a long-term strategy for meeting those needs. A key part 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 programs 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 & Community Development 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 Strategic 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 15 CDBG/HOME Policy Plan 12018 HOME money in the upcoming year. The City of Bremerton use an annual application process through which funds are competitively awarded. Note: The full text of the Consolidated Plan is available on the City of Bremerton web sites and also available upon request. GLOSSARY A Glossary of terms has been included in Appendix F. 16 Appendix A Appendix A Citizen Participation Plan (Updated 5/10/2017) Appendix A CITY OF BREMERTON AND KITSAP COUNTY CITIZEN PARTICIPATION PLAN 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 Housing and Homelessness Program (which administers Homeless Housing (HHGP), Affordable Housing (AHGP), and Consolidated Homeless Grant (CHG) Program) which has a combined funding & 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. Purpos 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: 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 / Actiorw Plati Submission 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. Appendix A A. Notice of Funding Availability & Application Beginning in 2017 each year in the spring a notice will be published in the newspaper of record to announce funding availability 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. 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 htto://www.bremertonwa.gov/209/Consolidated-PIannin.q or by contacting Sarah Achaoui sarah.achaoui(a)-ci.bremerton.wa.us or by phone at 360-473-5375 Applications will be made available in a format accessible to persons with disabilities upon request. 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 One mandatory technical assistance session will be held for all applicants, who are 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 including technical assistance in filling out the application, the application deadline, and how decisions concerning funding will be made. 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 Block Grant staff for technical assistance, help with an application 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 June 28th, 2017, from 10:00 am - 12:00 pm at the Norm Dicks Government Center in the Mayor's Conference room. Appendix A C. Application Review & Project Review Committee Recommendation Process The Grant Recommendation Committee (PRC) will be used to review applications for HOME funds through the coordinated grant process. The City of Bremerton uses a separate Project Review Committee to review applications for CDBG funds. The Project Review Committee must adhere to the Conflict of Interest Policy in Appendix D and described below. 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, HOME, 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 by the Project Review Committee, and a recommendation will be provided by the Project Review Committee and forwarded to City Council. The Council will review all recommendations, and select the projects for funding based how they address needs & objectives identified in the 2016-2020 Consolidated Plan. The details of the multi-level review process are listed below: Staqe 1: Qualification Review Applications are reviewed for potential disqualification using the following process: 1. Applications are reviewed for completeness, soundness, and eligibility against the following criteria. Applications meeting one or more will be disqualified. At least two different staff members must agree that an application should be disqualified. a. Amount requested is not consistent among narrative questions, Sources of Financing form, budget form, and/or applicant information; b. Missing or blank attachments or forms or using old versions of forms; c. Project or applicant organization is not eligible for any of the funding sources; d. Project does not meet a priority identified in the City of Bremerton Consolidated Plan (2016-2020) or does not meet a Bremerton City Council funding priority. e. Wrong application type is submitted for project. 2. Applicants will be notified of the results of the Stage 1 Review via email, either: a. Application is moving to Stage 2 and the applicant will be contacted to schedule an interview; or b. Application is disqualified and the basis for disqualification is provided. Appendix A Stage 2: Review and Scoring Applications are reviewed and scored for organizational capacity, financial soundness, and project priority. 1. Staff members review and score all areas of the application utilizing scoring criteria specific to each application type. 2. Project Review Committee (PRC) members make fuding recommendations using the following process: a. Review, evaluate, and score each application using review and scoring guides specific to each application type; b. Conduct interview with each applicant and score applicant interviews; interview length will depend on application type. ➢ CDBG Economic Development will have interviews consisting of the following: o 20 minutes in length which includes 10 minute agency presentation and 10 minute question/answer. ➢ Capital applications will have interviews consisting of the following: o 35 minutes in length which includes 15 minute agency presentation and 20 minute question/answer. c. Assign a priority ranking and recommend funding awards to applications. Stage 3: Funding Awards The funding recommendations go through a multi -step process, prior to finalizing the award amount. 1. Project Review Committee (PRC) — All Stage 2 applications will have a final score comprised of the staff application review score, PRC application review score, and PRC interview score. The PRC will use the finalized score of applications to assist in making the funding recommendations and contingencies. 2. City of Bremerton City Council- The City Council receives the recommendations from the Project Review Committee, holds a public comment period and a public hearing, and makes awards and contingencies. 3. Federal CDBG and HOME funds- Applications awarded CDBG and HOME funds must be included in an Action Plan associated with the 2016-2020 Consolidated Plan and submitted to HUD for approval. The Action Plan cannot be finalized until the City of Bremerton receives the federal award amounts from HUD. 4. Final Awards — Funding recommendations were made based on estimated funds. Once the actual amounts are known awards will be adjusted based on the contingency set by the PRC's and approved by the Bremerton City Council. Appendix A Project Review Committee The Project Review Committee (PRC) will be formed consisting of three City of Bremerton staff members (Director -Department of Community Development, Assistant Finance Director, Community Development Project Assistant), one member from City Council, one representative from the Planning Commission and two citizens at large. (If a representative from the Planning Commission is unavailable, another citizen representative will serve in their place). 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 appointees to this committee are appointed by the Mayor and confirmed by Bremerton City Council. The PRC will provide recommendations to City Council and the Council will have the opportunity to approve all the final recommendations. Applicant interviews will be conducted with the PRC. Applicants will have the opportunity to present their project and the PRC will have an opportunity to ask questions. At the conclusion of the interviews the PRC will formulate a funding recommendation for approval by the City of Bremerton City Council. Appointments for PRC members are made annually. PRC members are appointed to serve a two year term and can be re -appointed to serve successive terms and/or additional terms. Conflict of Interest a. No member of the PRC shall be beneficially interested, directly or indirectly, in any grant applications which may be made by, through or under the recommendation of the PRC, in whole or in part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein (from RCW 42.23.030). b. No member of the PRC shall engage in any activity, including participation in the selection, award, or administration of a grant award or contract if a conflict of interest, real or apparent, exists. c. Additional information on Remote Interest and Potential Bias by Prior Association can be found in the full Conflict of Interest Policy under Appendix D. D. Funding Recommendations & 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. Notifications will include the date, time and place of the public hearings. Appendix A All projects approved for funding will be included in the City's Action Plan. A summary of each Action Plan will be published in the newspaper of record and on the City's 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 30 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 Plan, including the projects proposed to be funded, to HUD no later than November 15th of each calendar year, unless HUD instructs the City not to submit until an appropriations bill has been enacted and HUD has notified the City of Bremerton of our actual allocation amounts. Five Year �,onsolidated Pian 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.gov/209/Consolidated-Planning (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 (Updated within the annually updated Policy 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 (Submitted Annually); and • 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. (Submitted Annually) Governments, service providers, citizens, and non-profit/for-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: Appendix A 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. 2. 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. 3. 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. 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 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 PRC 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 substantial 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 Appendix A Action Plan amendment; however, prior written approval of these changes 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. 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 31 st of each year for the previous calendar year. 2. The CAPER will be made available for public review. Notice will be published in the newspaper of record and copies will be available on the City's website: • City of Bremerton: http://www.bremertonwa.gov/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 responses to public questions and proposals. Annually 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 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/City-Council. rlublic 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: Appendix A Sarah Achaoui Community Development Block Grant Administrator City of Bremerton 3456 th Street, Suite 600 Bremerton, WA 98337 `. umplain 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. esou rces 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.gov/1 98/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, 1St Floor Meeting Chambers 345 6t" Street Bremerton, WA 98337 Appendix B Appendix B CDBG Eligibility Requirements & Program Rules Appendix B 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 applicant 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 Objectives? (Benefit Criteria) An eligible CDBG activity must either I. Principally benefit low and very low income 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. Applicants will be responsible for defining the service area and City staff will check to ensure that it meets the Low Moderate Income (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 c. Involve the employment of persons, the majority of whom are L/M income persons. Appendix B NEIGHBORHOOD REVITALIZATION STRATEGY AREA The City of Bremerton has an approved Neighborhood Revitalization Strategy Area (NRSA) which matches the CDBG target area. This NRSA allows for increased flexibility in undertaking economic development (L/M jobs) and housing activities with CDBG funds. Areas of enhanced regulatory flexibility include: -Job creation or retention effort focused in the NRSA may be classified as meeting the LMI area benefit national objective requirements. • Businesses that receive such assistance need not track the specific income of newly hired employees to demonstrate LMI benefit. • This provision reduces the administrative burden to the business and is intended to provide an incentive to businesses to participate in the community's job creation/retention programs. - Aggregation of housing units for which CDBG funds are obligated during each program year and treat them as a single structure. 0 51% of total number of units must be occupied by LMI households. o This permits grantees greater flexibility in applying the LMI housing national objective criteria for the housing category. - Economic development activities carried out in the NRSA may be excluded from the aggregate public benefit standards thereby reducing recordkeeping requirements. - This affords greater flexibility in selecting and implementing economic development activities, and reduces the amount and scope of information that grantees must collect and document regarding its programs. 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 E 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 shown on map in Appendix E. CDBG activities that meet this objective will do so on an Area Basis. Appendix B 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. Examples of Activities: Rehabilitation of residential structures: Where the assisted activity is rehabilitation 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. How Does A Project Meet a National Objective? 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 Appendix B income. HUD Income Limits for Bremerton 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 project's 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. Any activities that take place within the Neighborhood Revitalization Strategy Area would qualify on an Area Benefit as 72% of the residents are low or very low income. (Please consult with the Block Grant office to confirm your activity will qualify on an Low/Mod Area basis). 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.- El ust. Q 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). Q Explain why that particular geographic area is the service area for the project; Q Indicate on the map residential and commercial areas within the service area boundary; and Q 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: 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. Appendix B Applicants must.- Demonstrate ust. 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/Home less Definition Re cordkeepingReguirementsandCriteria. pdf 2. Require documentation on family 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.- 2 ust. Q Provide documentation of the total number of clients/households served in 2016 (if this is an existing service); Q State what percent of the clients/households served in 2016 were low or very low income (or met criteria that are stricter); Q Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very low income; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Q Agree to maintain documentation of the client's incomes for the CDBG contract period. 3. Income Eligibility Requirements (Direct Benefit) -- This means that the agency uses income screening to limit the benefits of the CDBG funded activity to only those persons who are low and very low income. For example, a housing Appendix B 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.- 2 ust: Q 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; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Q Describe how the program/project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons/households. 4. Nature/Location of Activity Allows Conclusion of Primarily Low and Very 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.- 2 ust: 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 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. Appendix B • 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.- Maintain ust. 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. Applicants must.- Maintain ust. 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. Q Maintain records on the total cost of the activity, including both CDBG and non-CDBG funds. Q Screen households for family size and income eligibility. Q 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 Appendix B 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. CDBG FUNDING - 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 dollars 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 existing facilities or housing Less than $15,000 5 Years (including homeownership $15,000 - $40,000 10 Years assistance) Greater than $40,000 15 Years 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 accounts receivable attributable to the use of CDBG funds, and any nonexpendable 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. Appendix B 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. Appendix C Appendix C Anti -Displacement & Relocation Assistance Plan Appendix C Anti -displacement and Relocation Assistance Plan INTRODUCTION Applicants for federal funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to as URA. URA regulations, at 49 CFR 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 PROPERTY 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 Block 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. Appendix C • Occupants to be displaced must be informed of their eligibility for relocation assistance and the nature of the assistance. • 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. ➢ Notice of Non -Displacement informs households who 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. PLANNING FOR RELOCATION UNDER URA A. Minimizing 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). Appendix C b) Inform the person that they will not be required to move without at least 90 days advance written notice and that they 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 CFR, Part 24). e) Assure that those persons who are required to relocate receive their full replacement housing payments, moving and related expenses. C. Rights of Residents who remain in the Project a) Remaining Households must be offered affordable Housing. ➢ 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 ➢ Residents who will remain in the project after rehabilitation may be required to move temporarily during rehabilitation. ➢ The temporary dwelling must be suitable and decent, safe, and sanitary but not necessarily comparable. ➢ 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 ➢ Tenants may be allowed to remain in a project after rehabilitation, but not necessarily in the same unit. ➢ Permanent moves within the same project must be to suitable, decent, safe and sanitary -but not necessarily comparable -units. ➢ 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 Appendix C reasonable out-of-pocket expenses incurred in connection with the move. SECTION 104(D)- REPLACEMENT OF HOUSING 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 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 a 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, the 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 available; 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 the housing needs and priorities identified in the Consolidated Plan. Appendix C 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. 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 Dwelling Unit: A dwelling unit with a market rent (including utility costs0 that does not exceed the applicable Fair Market Rent (FMR) for Section 8 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 dwelling unit: A vacant dwelling unit that is in a standard condition; vacant dwelling unit that is in a substandard condition but is suitable for rehabilitation; or a dwelling unit that is 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. Appendix D Appendix D Conflict of Interest Policy Appendix D Conflict of Interest Policy City of Bremerton Project Review Committee From time to time, community volunteers who are appointed to the Project Review Committee (PRC) have prior experience with one of the applicants or programs requesting grant funding. The following guidelines are intended to clarify what should happen in these cases to avoid real or perceived conflict of interest. 1) Conflict of Interest: a. No member of the PRC shall be beneficially interested, directly or indirectly, in any grant applications which may be made by, through, or under the recommendation of the PRC, in whole or in part, or which may be made for the benefit of his or her office, or accept directly or indirectly, any compensation, gratuity or reward in connection with such contract from any other person beneficially interested therein (from RCW 42.23.030) b. No member of the PRC shall engage in any activity, including participation in the selection, award, or administration of a grant award or contract if a conflict of interest, real or apparent, exists. 2) Remote Interest a. A PRC member is not interested in a contract, within the meaning of 1.a. above, if the member only has a "remote interest" in the contract and the extent of the interest is disclosed to the PRC and Staff at the beginning of the review process and is noted in the official minutes prior to the recommendation of the contract. (from RCW 42.23.040). i. As used in this section "remote interest" means: 1. That of a non -salaried officer of a non-profit corporation; 2. That of an employee or agent of a contracting party where the compensation of such employee or agent consists entirely of fixed wages or salary; 3. That of a landlord or tenant of a contracting party; 4. That of a holder of less than one percent of the shares of a corporation or cooperative which is a contracting party. Appendix D ii. Even if the PRC member's interest is only remote, the member cannot influence or attempt to influence any other PRC member in the award of a contract they are remotely interested in. For purposes of this provision, influence or attempt to influence includes any of the following: 1. Scoring the grant application; 2. Discussing the grant application with other PRC members; 3. Joining the audience, acting on behalf of the applicant or interacting in any manner with members of the PRC. 4. PRC members should physically leave the room when the remaining PRC members discuss the matter. This removes any potential claim that the PRC member has attempted to exert undue influence over the other PRC members. 3. Potential Bias by Prior Association A. A GRC Member may have a "potential bias by prior association" if they have had an interest in the past, but do not meet these definitions during the time they are serving on the PRC, or who have personal prior experience with an applicant including serving as a board member in the past, being employed in the past, or being a current or past volunteer. In the event of a potential bias by prior association: i. The PRC member should disclose to the PRC and staff the nature of their prior association at the beginning of the application review process. ii. They should not score that grant application. iii. The PRC member may be present for the interview and discussion of the grant application, but should not attempt to influence any other PRC member in the recommendation or award of a contract. If a PRC member does not feel that they can be objective for the interview and/or the discussion, they may choose to physically remove themselves. 4. Conflicts Disclosed The staff should advise PRC members before the process begins that members need to disclose, in advance, any remote interest, potential bias by prior association that they have, or relatives serving as staff to any applicants. It is recommended that the disclosures be done in writing. Appendix D 5. Voting and Recommendations a.The PRC member should recuse themselves from voting on any recommendation that would include applications in which they have a remote interest in or with whom they have a potential bias by prior association. b. If the final recommendations of the PRC are consolidated into a single motion, then the PRC member may participate in the vote so long as their participation in the discussion does not influence or attempt to influence the outcome with respect to the applicant in which they have a remote interest in or with whom they have a potential bias by prior association. 6. Alternate PRC If there are two or more PRCs in a funding cycle or process, and a member has a conflict of interest, remote interest, or potential bias by prior association with an application that one of the PRCs is reviewing, that member may serve on a different PRC without reservation or restriction. Appendix E- Maps NRSA -H ® Designated Blight Area \\ CDBG/NRSA Target Area o G 2010 Census Tract 2�2 A 0 0.125 0.25 0.5 Appendix F Appendix F Glossary Appendix F 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. Affordability. 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 City of Bremerton HOME funds. Citizen Participation Plan: This plan is prepared to facilitate and encourage public participation and involvement in the Consolidated Plan process and the City'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. Appendix F 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. 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 CFR Part 91). Consultant Fees. Fees paid to a third party developer consultant for costs associated with implementation of a project. Entitlement Community. 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; two 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. Housing. 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, halfway houses, housing for students or dormitories. Interlocal Agreement. 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 (LIVID: 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. Appendix F Low- and Moderate -Income Area Neighborhood (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 Family 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. Neighborhood Revitalization Strategy Area: A specific neighborhood targeted by the City and approved by HUD. Communities with approved NRSA's receive enhanced flexibility in undertaking economic development, housing, and public service activities with their CDBG funds. Operating Support. Financial assistance used to supplement the day-to-day operations of a project. Participating Jurisdiction. This term refers to cities, counties and consortia which receive an allocation of federal HOME funds directly from HUD. 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. Program Year: The program year for the City CDBG and HOME programs is January 1 through December 31, which is the same as the City's fiscal year. Project Delivery Costs: Costs directly related to managing the project to the point of completion normally paid to a third party. Project Review Committee. This committee, made up of City of Bremerton staff, a member of the City of Bremerton City Council, Planning Commissioner and two citizen volunteers, evaluate, rank, and make funding recommendations to the Bremerton City Council for use of CDBG funds. Project 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 Expenses. Those costs paid to households or businesses when temporary or permanent relocation becomes necessary. Appendix F Single family housing: one to four -family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Single room occupancy (SRO) housing: 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 Housing. 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 housing: 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 Physical Condition Standards (UPCS): Uniform national standards established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary, and in good repair. Standards are established for inspectable items for each of the following areas: site, building exterior, building systems, dwelling units, and common areas. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance No. to amend Title 20 of the Bremerton Municipal Code (BMC) entitled "Land Use" regarding Appeals, Fences, Recreational Vehicles on a private lot, Automobile Service and Repair, and Accessory Dwelling Units C7 Study Session Date: June 14, 2017 COUNCIL MEETING Date: June 21, 2017 Department: DCD Presenter: Kelli Lambert Phone: 360.473.5245 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Title 20 as follows: 1. Appeals code. Add `Property Owner' as a party with standing to appeal a land use decision to be consistent with State Law. 2. Fence regulations. Remove the requirement that fences be constructed with `finished' face out because it is unenforceable. 3. Occupied Recreational Vehicles (RVs). Revise the regulations for occupying an RV on a private property by adding an RV Use permit to track usage. 4. Automobile Service and Repair: a. Allow Automobile Service and Repair as an outright permitted use in the General Commercial zone. b. Allow Automobile Service and Repair as a Conditional Use in the Neighborhood Business zone. c. Revise the definition to ensure that repair of vehicles not registered to a property owner or tenant on a residential property is prohibited. 5. Accessory Dwelling Units (ADUs). Revise the regulations to remove the owner -occupancy requirement, add additional design standards, and revise the allowed unit size. ATTACHMENTS: A. Proposed Ordinance Exhibit A — Planning Commission Findings and Conclusions B. Staff Memo, including Planning Commission Minutes for the workshop on April 18, 2017, and public hearing on May 16, 2017 (draft minutes). FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation x❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. to amend Bremerton Municipal Code Title 20 regarding: Appeals, Fence regulations, Occupied Recreational Vehicles on a Private Lot, Automobile Service and Repair, Accessory Dwelling Units. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 20 of the Bremerton Municipal Code entitled "Land Use," regarding Appeals, Fences, Recreational Vehicle on a Private Lot, Automobile Service and Repair, and Accessory Dwelling Units. WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton ("City") has established a procedure for amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on April 18, 2017, the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on April 24, 2017, a State Environmental Policy Act ("SEPA") Determination of Nonsignificance ("DNS") was issued for the proposed action and no appeals were filed; and WHEREAS, on April 20, 2017, the proposed Zoning Code amendments were circulated to the State Agencies for the requisite review and comment period; and WHEREAS, on May 6, 2017, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on May 16, 2017, the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on June 9, 2017, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on June 21, 2017, the City Council conducted a public hearing and considered all testimony prior to their decision; NOW THEREFORE, 1 Title 20 BMC Updates THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findinss and Recitals Incorporated. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. SECTION 2. Planning Commission Findings. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth herein in full. SECTION 3. Chapter 20.02 of the Bremerton Municipal Code entitled "Project Permits" is hereby amended by amending Section 20.02.140 to read as follows: 20.02.140 APPEALS. (a) General. (1) Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed within the designated time to file an appeal. (2) The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence. (3) Appeal of Type I or Type II project permit final decisions shall be to the Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven (7) days. (4) Administrative appeal of a SEPA threshold determination on project permits is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this section. The appeal shall consolidate any allowed appeals of procedural and substantive determinations under SEPA with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before the Hearing Examiner consistent with Chapter 36.70B RCW, WAC 197-11-680, this chapter and Chapter 20.04 BMC. (5) Appeal of Type III or Type IV project permit final decisions shall be to Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one (21) days following the issuance of the notice of decision. (6) Final decision relating to the Bremerton Shoreline Master Program may be appealed as follows: (i) Director decisions and Type II shoreline permits may be appealed to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly to the Shoreline Hearings Board pursuant to RCW 90.58.180. (ii) Hearing Examiner decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (2 1) days of the date of filing pursuant to RCW 90.58.140(6). (b) Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following: (1) For Type I project permits, e4y-the applicant and the owner of property to which the permit decision is directedhfls have standing. (2) For project permits not Type I, the following have standing: (i) Applicant; 2 Title 20 BMC Updates (ii) Property owner to which the permit decision is directed; (iii) Anyone who participates in the public hearing; or (ivii) Anyone who submits written comments in response to a legal notice within the required time limits. (c) Filing an Appeal. Administrative appeals are filed by submitting a form provided by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the Department. (d) Timing of Decisions. (1) An open -record appeal shall be decided within ninety (90) days from the date the complete appeal was filed. (2) Should an occasion arise that would require a closed -record appeal hearing, such an appeal shall be decided within sixty (60) days. (e) Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1. 16.050 or by the City's ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next business day. (f) Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the following information: (1) Appellant's name, address and phone number; (2) Appellant's statement describing his or her standing, as a party of record, to appeal; (3) Identification of the application which is the subject of the appeal; (4) Statement of grounds for appeal and the facts upon which the appeal is based; (5) Statement of the relief sought, including the specific nature and extent; and (6) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. (g) Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. (h) Notice of Appeal. The Director shall provide public notice of the appeal as provided in BMC 20.02.110(f). SECTION 4. Chapter 20.42 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by amending Section 20.42.040(a) to read as follows: 20.42.040 DEFINITIONS. The following definitions shall be applied within this title: (a) Definitions "A": "Automobile service and repair" means an establishment primarily engaged in repairing, maintaining, or servicing automobiles, including battery exchange station. Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered automobile service and repair. Title 20 BMC Updates SECTION 5. Chapter 20.46 of the Bremerton Municipal Code entitled "Special Development Standards" is hereby amended by amending Section 20.46.010 to read as follows: 20.46.010 ACCESSORY DWELLING UNITS. An accessory dwelling unit (ADU) may be i„permitted where a new or existing single-family dwelling unit (hereafter, "principal unit") is allowed. Accessory dwelling units are exempt from density requirements and shall be subject to the following specific development; and design and ow-nef eeetipaney standards: (a) An ADU shall comply with the development standards of the underlying zone for the principal unit including setbacks, height, and lot coverage or BMC 20.44.060: Accessory Structures Setbacks for detached ADUs. (b) An ADU may be attached or detached from the principal unit. (c) Only one (1) ADU may be created per lot. The lot shall only contain one (1) single-family dwelling unit and one (1) ADU. (d) Manufactured homes may be allowed as an accessory dwelling unit provided theyunit provided they comply with the design criteria of ADUs and with the provisions of BMC 20.46.040 Manufactured Home, excluding subsections 20.46.040(a)(2) and (6) regarding size and roof ip tch. f fnttst eeeepy ei4ief: 4ie pr-ineipal ttait or- the APU as their- pefmanent r-esidenee for- at least six (6-) Months Ott'of the Yeaf. (e) An ADU shall be subordinate to the principal unit. The ADU shall be limited to not more than sixty (60) percent of the principal unit's total habitable floor area with the following exception: (1) To encourage the compact infill development and use of existing_single- family homes, if a residence that was constructed or remodeled prior to January 1, 2017 is proposed to be divided into a principal unit and an ADU, the Director may allow equal square footage for the principal unit and the ADU if the ADU is located completely on a single floor of the existing residence. This does not apply to detached ADUs. (inn)s"af:e feet (f) Any ADU shall be designed so that the appearance of the building remains that of a single-family residence and should architecturally blend into the existing neighborhood through careful design. Unless the ADU is limited to only interior remodeling of an existing single-family dwelling, a proposed ADU shall meet the following design standards. ;nest ding fellewiligi (1) Genst,.detea of similar- fnater-i als and siding as the pr - pal , ai4 Exterior Finish. The exterior of an ADU shall have siding and roofing which in color, material and appearance are comparable to the predominant materials of the primary dwelling unit and/or characteristics of the neighborhood. (2) Roofing and Eaves. A roof of equal or greater pitch as the principal unit, and eaves with a minimum projection of twelve (12) inches. T2) n roof o f eq,,al or- greatef p teh as the l Title 20 BMC Updates (3) A height -r"o freer +c -clan twenty five (25) per-eent gf:eat than the p+ineipal tiffit fiet to e*eeed the height limit of the i!efie. (23) Detailed design. All ADU's shall provide detailed design using at least four (4) of the following architectural features: (i) Trim that denotes all building's roof lines, porches, windows and doors and is at least three (3) inches wide (ii) Dormers (iii) Gables (iv) Recessed entries (v) Covered porch entries (vi) Offsets of at least sixteen (16) inches in building face or roof (vii) Bay windows (viii) Decorative cornices and roof lines (ix) Shutters (x) Brickwork, masonry or stucco (xi) Any alternative feature providing visual relief similar to the options listed above, with the Director's approval. (g) The entrance to an attached ADU shall not be on the same facade of the structure as an entrance to the principal unit. Exterior stairway shall not be constructed on the street - frontage side of the principal dwelling unit. (h) An ADT IAeeesseFy dwelling tta tsshall have previde-one (1) off-street parking space in addition to that which is required for the principal unit. When adding an ADU, all driveways and areas used for loading, parking, and maneuvering vehicles on the parcel shall have a paved surface. (i) When development of an ADU is for people with disabilities, the Director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility such as those required by the International Building Code. (i) An ADU shall be required to be served by City water and sewer or an approved septic system. SECTION 6. Chapter 20.46 of the Bremerton Municipal Code entitled "Special Development Standards" is hereby amended by amending Section 20.46.020 to read as follows: 20.46.020 FENCES AND WALLS. (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones. (i) Maximum height shall be six (6) feet. (ii) Maximum height within the front yard setback area shall be four (4) feet (iii) On corner lots with a specified front yard setback on each street frontage, both frontages will require a height of no more than four (4) feet. (iv) To obtain a six (6) foot high fence on a corner lot, a fence permit is required. The Director can determine that the street frontage of the residence's principal Title 20 BMC Updates orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the yard on the other (secondary) frontage only if all of the following conditions are met: (A) The higher fence will not block any existing front yard views from an adjoining residence with its principal orientation to that same street; (B) The higher fence will not be closer to the residence's front property line on the street of principal orientation than the closest part of the front facade of the residence; (C) The higher fence will not encroach into the front yard of the primary frontage where the maximum height limit in subsection (a)(1)(ii) of this section takes precedence. (v) Six (6) foot tall side yard fences may not project into the front yard setback except when the house's front facade is within the front yard setback area, in which case the taller fence may extend no further than the front facade of the house. (2) Commercial Zones. (i) Maximum height shall be eight (8) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (3) Industrial Zone. (i) Maximum height shall be ten (10) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (4) District and Neighborhood Center Zones. (i) Maximum height shall be four (4) feet in front yard setback areas. (ii) Maximum height shall be six (6) feet for side and rear yard setback areas. (iii) To obtain an eight (8) foot tall fence, a fence permit is required. The Director may allow for a maximum height of up to eight (8) feet in side and rear yard setback areas provided the use is nonresidential and the fence is necessary for security purposes. (5) Essential Public Facilities. Essential public facilities may have up to ten (10) foot tall fences in any zone through a fence permit application provided the fence is the minimum necessary for security purposes. (b) A Type 11 conditional use permit may be granted for fences or walls up to eight (8) feet high in a side or rear yard only if the fence or wall is necessary to provide privacy and security between a residential and a nonresidential use. (c) Fences and walls shall not block or hinder the sight distance of traffic. Exact location and design of a fence or wall is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences shall be permitted within the City of Bremerton. (e) Barbed wire or similar wire protective devices are permitted only in industrial zones or any property containing a public facility above a height of six (6) feet; provided, that adjoining a residential zone, devices may be allowed by approval of a Type II conditional use permit pursuant to BMC 20.58.020 only if the following criteria are met: (1) The applicant demonstrates that the protective device cannot be installed outside of the specified setback without significantly diminishing the utility of the industrial property; rol Title 20 BMC Updates (2) The protective device will be designed to minimize adverse aesthetic impact to the residential use by installing the device behind the top of a fence or wall or screening the device with landscape; and (3) The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial premises. (f) Notwithstanding the provisions of subsection (a)(1)(ii) of this section, architectural appurtenances such as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up to ninety (90) inches high; provided, that: (1) No individual structural support for such features shall be more than sixteen (16) inches square in section; (2) Any gate shall not obscure more than twenty (20) percent of visibility to the yard as viewed perpendicular to the gate's installation; and (3) Any entry feature greater than three (3) feet in height shall not be more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a driveway entry. SECTION 7. Chapter 20.46 of the Bremerton Municipal Code entitled "Special Development Standards" is hereby amended by amending Section 20.46.050 to read as follows: 20.46.050 RECREATIONAL VEHICLE ON A PRIVATE LOT. A recreational vehicle, occupied or not, may be parked on a private lot or lots only as an accessory use subject to the parking provisions of this title and the following provisions: (a) A recreational vehicle may be occupied for a cumulative period not to exceed thirty (30) days during any twelve (12) consecutive month period; (b) A recreational vehicle may be parked and occupied by the owner of a lot as temporary housing during the period of new house construction on the lot for a period not to exceed one (1) year; (c) Only one (1) recreational vehicle may be occupied on a single lot at any time; (d) A recreational vehicle shall not be parked within a required front yard setback for more than fifteen (15) consecutive days and not more than thirty (3 0) days cumulative in any twelve (12) consecutive months; and (e) Any occupied recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City. (f) In order to legally a recreational vehicle, the property owner must obtain a permit from the City indicating details such as the dates the recreational vehicle will be occupied. SECTION & Chapter 20.62 of the Bremerton Municipal Code entitled "General Commercial" is hereby amended by amending Section 20.62.020 to read as follows: 20.62.020 PERNHTTED USES. The following uses are permitted outright: (a) Automobile service and repair, fW Co -location of wireless communications facilities per BMC 20.46.140; (hc) Community facility; (sd) Day care; 7 Title 20 BMC Updates (7e) Drinking place; (ef) Education and school; (fg) Entertainment use; (gh) Finance, insurance and real estate; (hi) Fully enclosed boat storage; (j_i) General office and business service; (fik) General retail; (kl) Hospital; (4m) Hotel and lodging place; (ten) Medical office and clinic; (no) Museum and gallery; (ep) Park, playground, and open space; (pg) Personal service; (qr) Physical fitness and health club; (rs) Public administration use; (it) Recycling collection station; (4u) Residential of all types except group residential facility - Class II; (#v_) Restaurant; (Nw) Senior housing complex; (kx) Transportation facility; (*y) Veterinary clinic. SECTION 9. Chapter 20.82 of the Bremerton Municipal Code entitled "Neighborhood Business ("NB")" is hereby amended by adding Section 20.82.040 to read as follows: 20.82.040 CONDITIONAL USES. The following uses may be permitted provided a conditional use permit is approved _pursuant to BMC 20.58.020: (a) Automobile service and repair, provided: (1) The property is not located within the Manette Neighborhood Center, and (2) The business is located in an existing building, and (3) Anyparkingareas adjacent to a residential properly shall provide a Type I visual screen pursuant to BMC 20.50.050(b), and (4) Business hours shall be limited to 7:00 a.m. through 10:00 p.m., and (5) No outdoor storage is permitted. This prohibition includes but is not limited to outdoor storage of vehicles being used for parts, inoperable vehicles, and storage of tires. Customer vehicles waiting to be serviced, which do not require towing, must be parked in an approved parking area that complies with Chapter 20.48 BMC. SECTION 10. Severability. 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. Title 20 BMC Updates SECTION 11.L ective 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 Approved this day of ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. day of )2017. ERIC YOUNGER, Council President 2017. PATTY LENT, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017. 2017. R:\Legal\Legal\Ordinances\Community Development\Title 20 UPDATED 05.31.2017.docx z Title 20 BMC Updates 0 FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: The proposed amendments to Bremerton Municipal Code include amending Title 20 Land Use Chapter related to appeals, fences, occupied Recreational Vehicles, Automobile Service and Repair as a permitted use in the General Commercial zone and as a Conditional Use in the Neighborhood Business zone, the definition of Automobile Service and Repair, and regulations for Accessory Dwelling Units. I. FINDINGS OF FACT 1. Project Description: The proposed amendment package includes revisions to Title 20 as follows: • A clarification to the Appeals code section, regarding who has standing to appeal; • A minor revision to fence regulations; • Revisions to the regulations regarding occupied Recreational Vehicles (RVs) on private property; • Allowing automobile service and repair as an outright permitted use in the General Commercial zone; • Permitting automobile service and repair as a conditional use in the Neighborhood Business zone, where existing buildings are suitable for the use and where additional criteria are met. • Revising the definition of Automobile Service and Repair, to include repair of any vehicles not registered to the resident, in a residential area. • Revise the Accessory Dwelling Unit criteria for approval, including removing owner - occupied requirement, adding design standards, and revising the size limitations. 2. Procedural History: 2.1 Planning Commission Workshop: April 18, 2017 2.2 SEPA Threshold Determination DNS: April 24, 2017 2.3 Washington State Department of Commerce Notice: April 20, 2017 2.4 Notice of Public Hearing: May 6, 2017 2.5 Planning Commission Public Hearing: May 16, 2017 3. Public and Agency Comment: 3.1 April 18, 2017 Workshop Comment: Mike Coslett, owner of Cars Automotive business. Wants to locate at 3740 Wheaton Way 3.2 April 18, 2017 Workshop Comment: Byung Yu Ben, property owner at 3740 Wheaton Way. Would like an auto related business to be able to operate there. 4. SEPA Determination: A Determination of Non -Significance was issued on April 24, 2017, to date no comments or appeals have been filed. 5. Consistency: Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to Title 20 if the criteria outlined below are met. (1) It is consistent with the goals and policies of the comprehensive plan; Analysis: The proposed amendments continue to uphold the objectives and goals of the Comprehensive Plan, and implement the following policies: LU2(A): In order to combat chronic vacancy experienced in select areas, the City should consider zoning regulations that promote occupancy for buildings that are experiencing prolonged vacancy. LU2(C): Support adaptive reuse of existing buildings with uses that are compatible with surrounding neighborhoods. H1(F): Promote a robust code enforcement program to protect the safety and aesthetic quality of existing neighborhoods. H3(A): Provide opportunities for the production of new housing for all incomes, ages, and family types through infill by stimulating growth of non-traditional housing types such as townhomes, carriage units, accessory dwelling units, and duplexes in locations where they will seamlessly infill into the fabric of the existing neighborhoods. H4(D): Encourage efficient permit review by eliminating unnecessary regulatory impediments, improving certainty in development regulations, and provide an expedited permit process. (2) It does not conflict with other City, state and federal codes, regulations and ordinances. Analysis: The proposed amendments do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the proposed amendments to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC 20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of amendments to Title 20. submitted by: Secretary ck Wo ff , Pla ng Commission Chair dG FJ To: City Council From: Kelli Lambert, Planner II Date: June 5, 2017 Subject: Amendments to the Zoning Code ATTACHMENT B DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM SUMMARY The Planning Commission has recommended that the City Council review and approve the proposed Ordinance in order to make changes to the Bremerton Municipal Code related to land use issues as follows: AMENDMENTS TO THE BMC TITLE 20: 1. Appeals: Add `Property Owner' as a party with standing to appeal a land use decision. 2. Fences: remove the requirement that fences be constructed with `finished' face out. 3. Recreational Vehicles (RV) on a Private Lot: add an RV Use permit to facilitate tracking of legally occupied recreational vehicles on private property. 4. Automobile Service And Repair Amendments a) Add as a permitted use in the General Commercial zone. b) Add as a conditionally allowed use in the Neighborhood Business zone. c) Revise the zoning code definition of Automobile Service and Repair to include repair of vehicles not registered to the property owner or tenant. 5. Accessory Dwelling Unit (ADU) • Revise the regulations for ADUs to remove the owner -occupancy requirement, add additional design standards, and revise the allowed unit size. PLANNING COMMISSION RECOMMENDATION: Recommendation: Planning Commission unanimously recommended the amendments at the Public Hearing held on May 16, 2017. Minutes from this meeting as well as the workshop held on April 18, 2017 can be reviewed as Attachment I. Minority Report: Though Planning Commission unanimously recommended the Zoning Code Amendments, in regards to Accessory Dwelling Unit proposed amendments, the Chair was concerned for removal of the requirement that the owner needs to occupy one of the units on- site (discussed in more detail below in the ADU section). A motion was proposed by the Chair for consideration during the meeting to maintain the owner -occupancy requirements of the code, however the motion was not accepted by members of the Commission. Director Spencer assured the Commission that this minority report would be delivered to the Council. ATTACHMENT B SUMMARY OF AMENDMENTS 1. Appeals Because of an oversight in the existing zoning code section regarding who has standing to appeal a land use decision, a property owner recently had to file two separate appeals. This discrepancy with the State Land Use Petition Act (RCW 36.70C) and the building code (BMC 17.04.140) can be corrected with a simple addition to the Appeals code, adding the Property Owner as a party with standing to appeal. 2. Fences The proposed amendment is to remove the fence regulations that states: "All fences shall present a `finished' appearance on their outside face." The term "finished" is not defined, and due to the wide variety of fence types and finishes, it is difficult to create language that would address every situation. The goal of maintaining attractive, safe fences in good condition can be achieved using other existing codes, including BMC 6.02 Public Nuisances, and the International Property Maintenance Code, which has been adopted by the City of Bremerton. Planning Commission recommends removing the requirement that fences be constructed with the finished side facing out. 3. Occupied Recreational Vehicles Current zoning code permits RVs to be occupied on a residential property for up to thirty (30) days during any 12 month period, or for up to one year on a property during construction of a home. Code enforcement for the 30 day allowance is complicated, due to the code enforcement officer's Monday through Friday work schedule. City Council has indicated that regulation of RVs is a priority for 2017. Staff proposes an RV permit to help track legally occupied RVs on private property. The RV permit would be issued with no fee, in order to encourage compliance. This permit would indicate dates of occupancy, water source, sewage disposal, and acknowledge regulations. 4. Automobile Service and Repair Planning Commission discussed three separate issues pertaining to Automobile Service and Repair. a) Permitted Uses in General Commercial zone — BMC 20.62 With the 2016 Comprehensive Plan Update, the multiple commercial zoning designations were streamlined down to five (5) commercial zones. Part of that consolidation included addressing land uses and how those items are consolidated. After extensive conversation with Council, Staff's proposal to allow Automobile Sales into more commercial zones was rejected (the discussion was to remain with the 2004 City's growth strategy and only allow automobile sales in the Freeway Corridor or Industrial zones). All references to automobile uses in the majority of commercial zones were removed. An unintended consequence of this consolidation was that Automobile Service and Repair is now an outright permitted use in only two zones: the Freeway Corridor and Industrial zones. Business owners and property owners have communicated to Staff and Planning Commission the difficulty of finding a location for auto service and repair in Bremerton. Planning Commission recommends permitting Automobile Service and 0 Page 2 ATTACHMENT B Repair in the General Commercial (GC) zone, as this use fits the intent and character of the GC zone. b) Conditional Uses in Neighborhood Business zone — BMC 20.82 Although the Neighborhood Business (NB) zone is intended for smaller -scale businesses to service the surrounding neighborhood, there are existing buildings in NB zones that are suitable for Automobile Service and Repair. In order to utilize these buildings, Planning Commission recommends conditionally permitting Auto Service and Repair in the NB zone, with an approved Conditional Use permit showing that the business will not negatively impact the neighborhood. The criteria for approval of the Conditional Use permit would include locating only in an existing building-, not within a center (such as Manette), limiting business hours to be compatible with a residential neighborhood-, requiring visual screening for parking areas adjacent to residential properties, and prohibiting any outdoor storage. c) Definition of Automobile Service and Repair — BMC 20.42 The Home Occupation regulations do not permit automobile service and repair in a residential neighborhood. However, there are numerous situations where multiple vehicles are being repaired at a residence, impacting the neighborhood. Planning Commission recommends adding the following text to the definition of Automobile Service and Repair: "Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered Automobile Service and Repair." This revision to the definition will facilitate code enforcement action in these situations. 5. Accessory Dwelling Units (ADUs) Accessory Dwelling Units (ADUs) have been permitted on residential properties in the City of Bremerton since the 1988 Zoning Code, one per residential lot, subject to size and design regulations. Planning Commission recommends reducing the regulations to make ADUs a more viable option for property owners. The increasingly tight housing market means fewer affordable housing units available citywide; ADUs are one way to provide infill housing without significant investments in new infrastructure to support housing growth. In addition, the amendment to the current regulations will allow many unpermitted, illegal existing units to be brought up to current code. The proposed amendments to the ADU code include: 0 Page 3 Attached ADU" Detached ADU Attached or Integrated ADU o - 4 a) Removal of the Owner -Occupancy Requirement — to remove the current requirement that the property owner live in either the principal unit or the ADU at least six months out of the year. This is a difficult regulation to enforce, and an encumbrance on the property that often discourages the property owner from creating an ADU that is in compliance with City codes. ATTACHMENT B b) Revising the Maximum and Minimum Size Requirements — to remove the existing minimum and maximum size of 300 to 1,000 square feet. The current requirement that the ADU not exceed 60 percent of the principal unit square footage will be retained. This will assure the unit remains subordinate in size from the principal unit, or will appear as part of the single-family home. The amendment will also allow retrofit of existing residences into upstairs/downstairs flats to create ADUs, provided the residence was constructed prior to 2017. This provision is to address many illegal units in the City that have been developed as two apartments (upstairs is mirrored to the downstairs). This will allow these units to come in for permit and properly be addressed the fire/safety concerns and ensure Bremerton has more quality housing units. c) Including Design Criteria — to require a proposed ADU include at least four (4) of twelve (12) listed potential design elements, in addition to the current regulations of height, roof pitch and exterior materials. As some ADU provisions have become relaxed with this proposal, additional design criteria was added to ensure ADUs appear like a small, single-family home. d) Clarification of the Parking Requirement — emphasizing the requirement that parking spaces be paved. This requirement exists in current code, but can be overlooked since parking requirements are in a separate chapter of the zoning code. This amendment will help property owners better assess the feasibility of an ADU. e) Clarification of Required Setbacks — to permit ADUs to meet the same setbacks as accessory structures. The proposed zoning code amendments to the ADU provisions are consistent with the following Comprehensive Plan Goals and Policies: • Housing Element Vision: to encourage the growth of Bremerton by strategically locating a wide variety of housing types throughout the City. • Housing Goal 2. Encourage the development of a variety of new housing options and densities to meet the changing needs of Bremerton's residents. • Housing Goal 3. Support access to quality and affordable housing for all Bremerton residents. • Policy H2(C). Supporting infill development and increased densities • Policy H3(A). Provide opportunities for the production of new housing for all incomes, ages, and family types through infill by stimulating growth of non-traditional housing types such as townhomes, carriage units, accessory dwelling units, and duplexes in locations where they will seamlessly infill into the fabric of the existing neighborhoods. • Policy H3(C). Support increased densities and infill projects in order to capitalize on the cost efficiency of utilization of existing utility services. • Policy H2(E). Respond to the special needs of the elderly population within the City. Encourage programs which allow elderly to remain in their homes as long as possible. • Policy H3(E). Eliminate unnecessary regulatory impediments to the development of affordable housing. • Land Use Element Vision. Bremerton is a metropolitan city that provides for economic vitality and diverse lifestyles through a broad variety of jobs, housing, and strategically located commercial and recreational opportunities. 0 Page 4 ATTACHMENT B Policy LU3(D). Adopt site and building standards that contribute to reduced greenhouse gas emissions and result in more sustainable development. Policy LU3(1). Promote infill and concurrent infrastructure improvements in areas that are already developed in order to preserve rural areas, open spaces, and ecological functioning lands within the City. Policy LU1-LDR(C). Allow accessory units associated with, and subordinate to, existing or new single family dwellings when appropriate. As Staff understands the importance of trying to promote more quality, affordable housing units into the City, we also understand that this is more progressive than the regulations many of our local jurisdictions have currently adopted (below is a summary of other jurisdictions and how they regulate ADUs). Staff has agreed that we will monitor ADU permitting and provide the findings to Planning Commission regarding the property owners that have utilized this new code. The anticipated timeframe would be to provide the first report in 18 months (end of 2018). If additional amendments are needed at that time, Planning Commission has committed to re- evaluating this section. However, Planning Commission and Staff agree that these amendments are something Bremerton needs to obtain more affordable, quality housing into the City. Bainbridge Island No 900 square feet Port Orchard Yes — year round 50% of the principal unit Poulsbo Yes — 6 months 800 square feet maximum, Conditional Use Permit for larger building Kitsap County Yes — 6 months 50% of the principal unit not to exceed 900 square feet Tacoma Yes — year round 40% of the principal unit not to exceed 1,000 square feet Everett Yes — year round 75% of the principal unit not to exceed 800 square feet Shoreline Yes — year round 50% of the principal unit Gig Harbor Yes Maximum 600 square feet Portland, Oregon No 75% of the principal unit not to exceed 800 square feet Bremerton (current) Yes — 6 months 60% of the principal unit not to exceed 1,000 square feet Bremerton (proposed) No 60% of the principal unit 0 Page 5 CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING April 18, 2017 CALL TO ORDER: Vice Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Vice Chair Tift Commissioner Conley (arrived at 5:47 p.m.) Commissioner Jones Commissioner Goodnow Commissioner Nerf Commissioner Strube (arrived at 5:31 p.m.) Commissioners Absent Chair Wofford (excused) Quorum Certified APPROVAL OF AGENDA Staff Present Andrea Spencer, Director, Department of Community Development Allison Satter, Senior Planner, Department of Community Development Kelli Lambert, Planner, Department of Community Development COMMISSIONER NERF MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER GOODNOW SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. (Note: Commissioner Conley was not present for this vote.) APPROVAL OF MINUTES COMMISSIONER GOODNOW MOVED TO APPROVE THE MINUTES OF FEBRUARY 21, 2017 AS AMENDED. COMMISSIONER NERF SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. (Note: Commissioner Conley was not present for this vote.) PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Vice Chair Tift asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Public Workshop: Amendments to Bremerton Municipal Code (BMC) Title 20 (Zoning Code) Staff presented the following amendments: • Appeals (BMC 20.02.140). Ms. Lambert advised that the current code omits the property owner as a person who has standing to appeal a staff decision. The proposed amendment would correct this omission and be consistent with both State Law and the Building Code. The problem came to staff's attention when a property owner had to file two separate appeals because of the omission. Fences (BMC 20.46.020.g). Ms. Lambert reviewed that the current code states that fences must present a "finished appearance" on their outside face, but there is no definition for the term "finished." This problem came to staff's attention during code enforcement, and the Hearing Examiner found for the homeowner because the term is not defined. The term is very difficult to define, and staff's research of other municipalities found that most are silent on the matter. The intent of the provision is to avoid unsafe or unattractive fences, and staff found that the code already has language to address these concerns. SMC 6.02 (Public Nuisances) prohibits "the existence of arty fence or other structure on private property, which is in a sagging, leaning, fallen, decayed or other unsafe condition. " The proposed amendment would remove the provision related to "finished appearance" from SMC 20.46.020(g). Occupied Recreational Vehicles (RVs) (BMC 20.46.050). Ms. Lambert reviewed that the current zoning code allows for an owner to occupy an RV for up to one year on a property when they are building a new home. It also permits an RV on a residential property to be occupied for a cumulative period not to exceed 30 days during any 12 -month period. Enforcement of this provision is a community concern and the City Council agreed it is a priority to make amendments to make it enforceable. As currently worded, it is difficult to enforce the 30 -day provision when the Code Enforcement Officer only works on weekdays. The proposed amendment would establish a new RV Permit for tracking RVs on residential properties. The permit would allow the City to better track dates of occupancy, and there would be no fee. When a property owner applies for a permit, he/she would be required to identify the dates the RV would be occupied and acknowledge the City's regulations. Automobile Service and Repair (BMC 20.42 Definitions). Ms. Lambert advised that the Code Enforcement Officer receives complaints from time to time about auto repair being done on residential properties. Often there are multiple vehicles on site, and they are blocking access on the street or sidewalk. She reminded the Commission that auto repair is not permitted as a licensed home-based business, but property owners often claim the work is being done for family members or friends, not as a business. Repairing a resident's own personal vehicle might be considered reasonable, as long as other properties are not impacted. However, repairing vehicles that are not registered to the owner or tenant is unacceptable. The proposed amendment would alter the definition of "Automobile Service and Repair" by adding an additional sentence that reads, "Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered automobile service and repair. " Automobile Service and Repair (BMC 20.62 General Commercial). Ms. Satter reminded the Commissioners that part of the 2016 Comprehensive Plan Update involved streamlining the zoning code by consolidating 12 commercial zones into 5. The change allowed automobile sales in the Freeway Corridor and Industrial zones only. However, an unintended consequence of the change was that it also limited automobile service and repair uses to the Freeway Corridor and Industrial zones to compliment the areas that allowed automobile sales, and the use was eliminated from two zones (Commercial Corridor and Wheaton Way Redevelopment Corridor) that previously permitted auto service and repair. She explained that it was not staff's intent to limit automobile service and repair along the commercial corridors, as there are numerous existing businesses that became nonconforming with this use elimination. Ms. Satter advised that the proposed amendment would allow automobile repair and auto -related businesses outright in the commercial zones, which are intended for urban, high-intensity commercial activities. • Automobile Service and Repair (BMC 20.82 Neighborhood Business). Ms. Lambert explained that the Neighborhood Business (NB) zones are commercial zones, but they are intended to be small-scale business districts that reflect the scale and character of surrounding neighborhoods. She identified the Neighborhood Business areas as: Naval Avenue from 5t' to Burwell (near the entrance to the shipyard), 6`s Street from High Avenue to Veneta, Callow/Wycoff (Hi Lo's, Hales' Ales vicinity), Marine Drive/Dora Avenue, Arsenal Way near Marion Avenue, Sheridan Road near Pine Bremerton Planning Commission Minutes April 18, 2017 — Page 2 of 7 Road, and Manette. Although staff is not recommending that auto -related uses be permitted in Manette, which is designated in the Comprehensive Plan as a City Center, there are other areas of NB zoning that may accommodate this type of business due to existing structures and land uses. Staff is seeking feedback from the Commission about the option of allowing automobile service and repair as a Conditional Use within the NB zones. She further explained that, if a Conditional Use Permit (CUP) is required to establish an automobile service and repair business, staff would propose conditions that a proposed business within this zone would need to comply with. These conditions would likely include the following: o The Manette NB zone is excluded from permitting auto -related business as it is a designated Center per the Comprehensive Plan. o The automobile service and repair business must locate within an existing building that was originally built to accommodate this type of use rather than constructing a new building. o All parking and outdoor storage areas, if permitted, must have visual screening. o Applicants must demonstrate compliance with noise, odors and light/glare regulations. Accessory Dwelling Units. Ms. Satter noted that this item was not included in the Staff Report. She explained that Accessory Dwelling Units (ADU) are basically smaller homes that are subordinate to larger homes on single-family lots. ADUs are located throughout the City and offer a less costly option for housing. The City allows ADUs as a way to address the Growth Management Act (GMA) requirement that the City meet the housing needs for all economic segments of the community. In addition, the Washington Housing Policy Act, which was passed by the Legislature in 1993, established the goals of reducing housing costs and improving housing quality for people of all income groups. The City's code also calls for infill design and higher densities, as well as quality housing. She referred to December 2016 article in THE KITSAP SUN, which identified the City of Bremerton and the Silverdale Metro area as having a healthy housing market. However, that will not necessarily be the case in the future. It is important to have housing units that are both quality and affordable. The City must work to provide a range of housing options, and ADUs are one of the opportunities we should provide. Ms. Satter reviewed that the first ADU provisions were adopted into the City's zoning code in 1988, the code was further amended in 2005. However, the provisions have not been reviewed since that time. This is an opportunity for the Commission to provide preliminary direction and comments about on how well the ADU provisions are working to encourage more quality houses. She noted that many people have created illegal ADUs in the City, and perhaps changes could result in more quality units and fewer illegal units. Staff will present proposed changes at the next Commission meeting. Vice Chair Tift asked for public comments on the proposed zoning code amendments Mike Coslett, Bremerton, said his comments were related to property at 3740 Wheaton Way, where the existing Cars Automotive business is located. He specifically referred to the vacant building that is adjacent to Cars Automotive, which was previously utilized for auto -related activities. He explained that the use is no longer allowed based on the recent zoning limitations that were put in place. He said he currently operates a mobile auto -detailing business, which has grown substantially, he is looking for a home base for his business, and the property at 3740 Wheaton Way would be an excellent location. Bien Yu, Bremerton, said he owns the property at 3740 Wheaton Way and noted that one of the four units has been vacant for about 3 years. It was previously occupied by an auto glass business. He expressed his belief that this is a great location for auto -oriented businesses to serve the community. He noted that there are a number of vacant buildings on Wheaton Way. The Commission discussed each of the proposed amendments as follows: • Appeals (BMC 20.02.140). Commissioner Strube commented that the proposed amendment sounds reasonable, and the remainder of the Commissioners concurred. • Fences (BMC 20.46.020.g). Commissioner Jones asked if the provision refers only to fences facing the street or all fences. Ms. Lambert said the fence code is primarily used for private properties and applies to all fences. Director Bremerton Planning Commission Minutes April 18, 2017 — Page 3 of 7 Spencer said staff has done significant research and found that no other city in the state has defined the term "finished." The term is based on the observation of the user and is difficult to define. Vice Chair Tift agreed that it is difficult to define what constitutes "finished. To him, "finished" means complete. He asked how the code would address a situation where a fence is started but never finished. Ms. Lambert answered that this issue could be addressed by the provisions in SMC 6.02 (Public Nuisances). Commissioner Conley asked if the proposed amendment allows room to address the material and design of a fence. Ms. Lambert answered that the current code does not specify materials because there are a variety of nice fences made from different materials. The City's intent is to be more inclusive. However, the code does prohibit fences that are in bad repair. Commissioner Conley said he would be inclined to allow property owners to have any type of fence they want, but he suggested that chain-link fences should be discouraged through incentives. Vice Chair Tift cautioned against opening up this discussion, which would further limit property rights. He reminded them that many neighborhoods have covenants, conditions and restrictions (CCRs) that govern fencing materials and design. Commissioner Conley agreed that it would not be appropriate for the City to prohibit chain-link fences. However, he would be in favor of opportunities to incentivize other options. The Commissioners offered general support for the proposed amendment. • Occupied Recreational Vehicles (RVs) (BMC 20.46.050). Commissioner Strube asked if the City receives a significant number of complaints relative to people living in RVs. Director Spencer said they receive complaints about the most egregious situations. Staffs thought was that a no -fee permit that was easy to obtain would help the Code Enforcement Officer address problems. Commissioner Jones asked if the City would fine property owners who violate the provision by not obtaining a permit. Director Spencer reviewed the multi -step code enforcement process, which starts with notification of the violation. If not addressed appropriately, the issue could eventually go before the Hearing Examiner, who could impose a fine or penalty. Commissioner Jones asked if staff has considered charging a nominal fee for the permit. Director Spencer said the permit is intended to allow the City to track the impacts without creating a real impediment or burden. Commissioner Goodnow asked if the permit would be displayed in the window of the RV, and Director Spencer answered affirmatively. Commissioner Goodnow said he can think of several situations where occupied RV's are a problem. Vice Chair Tift emphasized that the provision would apply to occupied RV's and not stored RV's. The Commissioners offered support for the proposed amendment. Automobile Service and Repair (BMC 20.42 Definitions). Commissioner Nerf recalled that when he was young and financially challenged, he regularly associated with vehicles that were mechanically challenged. In at least a half dozen instances, he was part of some fairly major repairs in driveways that would be in violation of the proposed amendment. All of the problems were resolved in a day or two and would not likely have drawn the attention of code enforcement. He suggested that perhaps a permit approach similar to that proposed for RV's would be appropriate. Director Spencer said the amendment is not necessarily intended to preclude situations that take place over a day or two. The problems the City hears about are people who do car repair as a business, but claim they are simply doing repairs for friends. Commissioner Strube agreed with Commissioner Nerf s concerns. He has a friend who supplements his income by repairing cars in his garage on the weekends. He can understand concerns about nuisance and noise, but he is opposed to placing limits on a person's ability to repair a car in his/her driveway. On the other hand, he recognizes that the amendment is intended to deal with more significant concerns. He said his dad was a mechanic, and he grew up working on cars in his yard. He would hate the City to prohibit property owners from being able to do minor repairs for friends. Director Spencer said the City has received complaints from property owners, particularly where the lots are very small, and the Code Enforcement Officer is unable to address the problem because it is difficult to prove that he/she is actually operating a business. Bremerton Planning Commission Minutes April 18, 2017 — Page 4 of 7 Commissioner Goodnow commented that the intent of the proposed amendment is to give the Code Enforcement Officer some teeth to address problem situations. The issue is really about people not being good neighbors. The violation would be targeted at people who have multiple cars and claim that they are all their own. He suggested that perhaps a 30 -day window would be appropriate for cars that are not registered to property owners. Director Spencer noted that the turnover rate would typically be much quicker than 30 days. Commissioner Strube commented that there is not really an easy solution to the problem, and he supports the proposed amendment. However, he has some reservations about its impacts. Director Spencer reminded the Commission that the City only receives complaints when someone is abusing the opportunity. Commissioner Conley asked if battery charging stations would fall under the definition of "Automobile Service and Repair." Ms. Satter answered no. Charging stations are defined separately. Vice Chair Tift expressed his belief that the proposed definition would give code enforcement some teeth to address problem situations that are reported. There would be no harm associated with those who work on vehicles for friends and neighbors in a respectful way, and these instances would not likely be reported. Director Spencer emphasized that code enforcement is done on a complaint basis, and the Code Enforcement Officer does not actually police neighborhoods. • Automobile Service and Repair (BMC 20.62 General Commercial). Ms. Satter said the CG zone already has a number of auto -related businesses, and these would be nonconforming as the code is currently written. The proposed amendment would correct the problem. Commissioner Goodnow asked if the proposed amendment would address the concerns that were raised by Mr. Yu and Mr. Coslett, and Ms. Satter answered affirmatively. The Commission voiced support for the proposed amendment. Automobile Service and Repair (BMC 20.82 Neighborhood Business). Commissioner Nerf referred to the photographs provided by staff and noted that all of the sites could be improved by having them in use rather than vacant. Buildings in use are always better than derelict buildings. Vice Chair Tift referred to the Noah's Ark area, where an old gas station is located next to the market. Currently, the code would not allow this site to be used as an auto -oriented business. He asked if staff would consider the conditions and character of the surrounding areas before granting approval if the use was allowed with a CUP. Ms. Lambert confirmed that the CUP would require an additional level of review and the use would have to meet specific criteria, which would include compatibility with adjacent properties. Ms. Satter reminded the Commission of the criteria that was proposed by staff that would prohibit the use in the Manette area and restrict the use in other NB zones to existing buildings. At the request of Commissioner Strube, Ms. Satter explained how the CUP process works, noting that there is additional cost associated with the application and an on-site posting would be required and the public would be invited to comment on the proposed use. The CUP process allows the City to condition approval to address potential impacts. Vice Chair Tift asked if the City would have the ability to deny a CUP application. Director Spencer answered that the City could deny a request that fails to meet the criteria to address off-site impacts. Ms. Satter added that, typically, impacts can be mitigated via the CUP process. Commissioner Strube pointed out that there are existing buildings in the Manette area that would also be suitable for an automobile service and repair use. He asked why staff is recommending that the use not be allowed there. Director Spencer reminded the Commission that auto -oriented uses do not really fit in with the "Centers" concept that is outlined in the Comprehensive Plan. There are so few centers left, and the good ones need to be protected. Ms. Satter summarized that staff is recommending that automobile service and repair uses be permitted in NB zones with a CUP, particularly in existing buildings that are suitable for the use. She explained that some buildings have an industrial design that is not really suitable for retail uses. However, staff is not necessarily recommending that the City allow new development to accommodate the use. Commissioner Nerf said he supports the proposed amendment, but he would prefer that the use be limited to existing buildings and not new construction. The remainder of the Commissioners concurred. Bremerton Planning Commission Minutes April 18, 2017 — Page 5 of 7 Accessory Dwelling Units. Commissioner Nerf recalled that there has been a lot of talk in Seattle about "tiny homes," some of which have composting toilets rather than being hooked up to sewer. He asked if that would be within the purview of an ADU in Bremerton. Ms. Satter answered no. She explained that, for a number of years, ADUs required separate water and sewer meters which is very cost prohibitive, and this requirement resulted in a number of people creating ADUs illegally. The Public Works Department recently updated the City's general facility charge to acknowledge a single-family home's impact on the City's sewer and water system. The new charge is based off the capacity of the meter rather than the number of units. Most single-family home meters can handle a minimum of two units. That means that ADUs can hook up to an existing meter and there would be no additional cost. However, there will only be one water or sewer bill per meter. Eliminating this additional cost will make it easier for people to develop ADUs. Director Spencer summarized the need to review and update the ADU provisions. The City receives a number of complaints about illegal ADU's, and many of them cannot be made to conform because they cannot meet the current code. One of the City Council's goals is to make quality housing for all, and all housing should be required to go through a permitting process. A primary goal of the update should be to encourage the ADUs that were created in the 1980s to meet the current code requirements so they are considered "quality" housing units. Commissioner Strube asked if it would be possible to allow updates to be done in phases so that landlords can bring the units into compliance over time rather than requiring all the work to be done at the same time. This would give landlords the incentive to make improvements as they can afford them. Ms. Satter said violations of the property maintenance requirements must be immediately addressed. Director Spencer added that it would depend on the changes that are proposed. She agreed to consider this option when creating potential amendments for the Commission's consideration. She said staff spends a lot of time addressing ADU issues, and the number one goal is to create quality housing for residents. The intent is to make the code a little bit easier, but also protect the neighborhoods. Commissioner Goodnow suggested that bringing existing homes up to quality standards is really a separate issue from the new wave of "tiny houses." Perhaps the two should be addressed separately. Director Spencer agreed and said staff has been doing preliminary research regarding "tiny houses." Ms. Satter advised that the proposed amendments would be presented to the Commission for a public hearing at their May meeting. Following the Commission's recommendation, the amendments will be forwarded to the City Council for final adoption. The process will likely take three months to complete. Bremerton Planning Commission Minutes April 18, 2017 — Page 6 of 7 Vice Chair Report Vice Chair Tift did not have any items to report. Director Report Director Spencer did not have any additional items to report. She indicated she would print out a quarterly report relative to permits over the last few years. She said staff is getting busy with a number of projects coming on line. Old Business There was no old business. New Business There was no new business. ADJOURNMENT The meeting was adjourned at 6:52 p.m. Respectively Submitted by: ck Wo , Chair lanning mmission Bremerton Planning Commission Minutes April 18, 2017- Page 7 of 7 CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING May 16, 2017 CALL TO ORDER: Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Chair Wofford Vice Chair Tift Commissioner Conley Commissioner Goodnow (arrived at 5:59) Commissioner Jones Commissioner Nerf Commissioner Strube Quorum Certified APPROVAL OF AGENDA Staff Present Andrea Spencer, Director, Department of Community Development Allison Satter, Senior Planner, Department of Community Development Kelli Lambert, Planner, Department of Community Development VICE CHAIR TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER NERF SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES VICE CHAIR TIFT MOVED TO APPROVE THE MINUTES OF APRIL 18, 2017 AS AMENDED. COMMISSIONER STRUBE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. (Note: Commissioner Goodnow was not yet present to participate in the vote.) PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Wofford asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Public Hearing: Amendments to Bremerton Municipal Zoning Code BMC) Regulations Ms. Lambert reviewed that the Commission held a workshop on April 17' to discuss proposed zoning code amendments. She summarized the zoning code amendments (Attachment I) as follows: • Appeals - BMC 20.02.140. Because of an oversight in the existing zoning code regarding who has standing to appeal a land -use decision, a property owner recently had to file two separate appeals. This discrepancy with the State Land Use Petition Act 9 (RCW 36.70C) and the Building Code (BMC 17.04.150) can be corrected with a simple addition to the Appeals code. Staff recommends approval of the proposed amendment, which would add "property owner" as a party with standing to appeal. • Fences - BMC 20.46.020. The purpose of this amendment is to remove the ambiguous term "finished." This term is difficult to define. Staff recommends that the entire statement in Item G (All fences shall present a "finished" appearance on their outside face) should be eliminated. There are other codes in place to address property maintenance requirements. Occupied Recreational Vehicles (RVs) - BMC 20.46.050. As discussed at their last meeting, the City's current zoning code allows a property owner to occupy an RV on his/her property for up to a year while constructing a new home. It also allows an RV to be occupied for a cumulative period not to exceed 30 days during any 12 -month period. An RV is a good resource for homeowners who have visitors; but it can also be a problem, and the City has received complaints. The City Council has made addressing this issue a priority, and the Code Enforcement Officer has indicated that it is problematic to track the 30 -day allowance. The proposed amendment would require an RV permit to help track legally - occupied RVs on private property. As proposed, the permit would be available online and, initially, there would be no fee to encourage compliance. In addition to identifying the dates of occupancy, etc., it would also show that the property owner has acknowledged the City's regulations. Automobile Service and Repair - BMC 20.42.040. The proposed amendment would revise the definition of "automobile service and repair" to add an additional sentence that reads, "Servicing and repairing of automobiles on a residential lot for automobiles that are not registered to the property owners or tenants on the site shall be considered automobile service and repair. " The intent of the amendment is to address situations where a property owner or resident in a residential neighborhood does substantial vehicle repairs, with multiple vehicles. The current code does not allow the use in residential zones, but when the Code Enforcement Officer has approached property owners in these situations, she has been told that they are not doing it for money and therefore the code doesn't apply. Automobile Service and Repair - BMC 20.62.020. An outcome of the 2016 Comprehensive Plan Update was streamlining and consolidation of the 5 commercial zones, which resulted in unintended consequences in that it removed "automobile service and repair" as a permitted use from all but the Freeway Corridor and Industrial zones. Staff has recently heard from several prospective automobile service and repair businesses that it is difficult to find a location where their businesses can locate. The proposed amendment would allow "automobile service and repair" as an outright permitted use in the General Commercial (CG) zone, which is intended to "provide locations ,for high-intensity commercial uses serving the entire community. " Automobile Service and Repair - BMC 20.82.040. When considering areas of Bremerton that may be suitable for automobile service and repair, existing buildings that are located in the Neighborhood Business (NB) zone were brought to staff's attention. These buildings were built for industrial or auto -related purposes and are well suited for this type of business. The intent of the NB zone is "to provide for small-scale business districts that reflect the scale and character of surrounding neighborhoods." Because automobile service and repair can have impacts, staff is not recommending that the use necessarily be allowed outright in the zone. However, staff is recommending that the use be allowed as a conditional use in the NB zone. A Conditional Use Permit (CUP) requires an applicant to meet specific criteria before approval, and the City can place conditions on the use to mitigate the impacts. At their last workshop, the Commission agreed that the use might make sense if located in an existing building. Other criteria could include visual screening for parking areas adjacent to residential properties, limiting the hours of business, and prohibiting outdoor storage. In addition, staff is recommending that the use not be allowed in the Manette Neighborhood Center. Ms. Satter explained that ADUs are second, smaller dwelling units on the same grounds of a single-family home, and they can be either attached or detached to the main home. ADUs must provide for living, sleeping, eating, cooking and sanitation on the same parcel as the main residence. An ADU provides a complete, independent living facility for one or more people. The concept of ADUs is to promote infill within urban cities. She provided examples of different types of ADUs (detached, attached, and interior conversions). At the end, all structures on the residential property should appear like a single-family Bremerton Planning Commission Minutes May 16, 2017 - Page 2 of 8 home rather than an apartment in a single-family neighborhood. She explained that the State's 1993 Housing Policy Act requires cities with a population of over 20,000 and counties with a population of over 125,000 to plan and allow for ADUs. The City adopted the model ordinance that was proposed by the State, but it has the ability to modify the ordinance to address local needs and preferences. Ms. Satter shared examples of ADU's in other jurisdictions, noting that jurisdictions in Oregon have made more strides in incorporating ADU's into their housing stock than those in the State of Washington. She also shared pictures and described the features of a Bremerton ADU she previously lived in across from Kiwanis Park on 5' Street. She explained that the benefits of ADUs include: increasing the community's housing stock without having further land development; facilitating efficient use of existing housing stock and infrastructure; providing an affordable housing option for many low and moderate - income residents; providing more opportunities for small housing options; improving homeowner's cash; and providing more opportunities for people to remain in their homes for longer periods of time. Ms. Satter reviewed that the median gross rent in Bremerton from 2011 to 2015 was $882. As identified in THE KITSAP SUN, rents are significantly rising. In 2016, the median rent was about $1,052. The City Council is concerned about rising rents and the need to provide places for more residents to live. The estimated 2015 household income for Bremerton is about $48,000, and allowing ADUs could provide an additional source of income for City residents. Ms. Satter said concerns have been raised that ADUs are associated with additional renters who do not always care for their properties. In 2005, the rental rate was 60% versus home ownership of 40%, and the argument was that a functioning City should have 60% home ownership and 40% rental. The zoning code was adjusted to encourage more ownership and fewer renters. Since that time, the City has acknowledged that it is a Navy community; and staff has researched home ownership rates in comparable cities (Lakewood, Washington 46%; Everett, Washington 44%; San Diego, California 47%; Gritton/New London, Connecticut 35%/41%; and Junction City, Kansas 46%). These statistics make it clear that military communities typically have a higher number of units to accommodate renters. Ms. Satter commented that everyone deserves quality housing. The current code prevents people from obtaining permits, but permits are needed to ensure quality construction. If quality housing is not available, the environment and transportation get impacted because people move out further from the places they work. Studies show that children who grow up without housing stability have a greater chance of lower economic success later in life. By the same token, children experiencing housing instability also experience reduced academic outcomes. Housing instability also negatively impacts a person's mental and physical health, and providing housing can lower public health and social service costs. The proposed amendments are intended to be one step towards removing the current impediments to having quality housing. Ms. Satter reviewed the goals and policies contained in the Comprehensive Plan related to housing. She summarized that the Housing Element Vision is to "encourage the growth of Bremerton by strategically focusing on a wide variety of housing types throughout the City." Housing Goal II is to "encourage the development of a variety of new housing options and densities to meet the changing needs of Bremerton's residents." Housing Goal III is to "support access to quality and affordable housing to all Bremerton's residents. " The supporting policies talk about infill development, providing opportunities for new housing for all (including ADUs), promoting infill projects that are cost efficient and utilize existing utility services, allowing the elderly to remain in their homes as long as possible, and eliminating unnecessary regulatory impediments of development of affordable housing as much as possible. The Land Use Element Vision is that "Bremerton is a metropolitan city that provides for economic vitality and diverse lifestyles through a broad variety of jobs, housing and strategically -located commercial and recreational opportunities. " This includes housing. It is important to adopt standards that help reduce greenhouse gas emissions, promote infill for areas that are already developed, and allow ADU's that are associated with and subordinate to existing and new single-family dwellings when appropriate. Commissioner Goodnow arrived at 5:59 p.m. Ms. Satter reviewed the proposed amendments related to ADUs as follows: • Remove the owner -occupied requirement - BMC 20.46.010. The current code requires that a property owner must occupy either the ADU or the primary residence of the ADU for a minimum of 6 months out of a year, and staff is proposing to remove this requirement to allow more opportunities for infill. This change will also allow owners with Bremerton Planning Commission Minutes May 16, 2017 - Page 3 of 8 historically unapproved ADUs who may have purchased non -conforming structures to make their properties legitimate by obtaining the needed permits. It is difficult for staff to enforce the current provision and verify that ADUs are being used legitimately, especially after a sale of the property. Even though it is required to have a Notice to Title on the property deed, the City's experience is that buyers do not acknowledge the notice in the large stack of closing paperwork. Some concerns have been raised that lax regulations encourage absentee landlords, but there is no evidence to support this claim. The Code Enforcement Officer enforces rental properties, as well as owner -occupied properties, and the City receives code enforcement complaints regarding both. She referred to an online article about Portland's experience with their revised ADU provisions, which remove the owner -occupied requirement. Staff suspects that, even with the proposed code amendment, the split of rental vs. owner properties will remain about the same. Currently, the staff and public spends a lot of hours researching whether or not an ADU is a legal unit, usually for situations that involve financing and often there is no evidence in the City's record of legitimate ADU's. In addition, if a tenant in an ADU reports an unsafe or unhealthy condition, the City requires that the landlord resolve the issue. Once a tenant learns that an ADU is illegal and he/she will have to leave, the complaint is often withdrawn. Once a complaint has been withdrawn, there is not a lot the City can do to get the property owner to bring the unit into compliance. Staff believes the City should consider opportunities to encourage property owners to bring the units into compliance. • Setbacks requirements for ADUs - BMC 20.46.010.a. Most ADUs will be located in the Low -Density Residential (R-10) zone, where the current setback requirements are 15 feet in the front, 15 feet in the rear, and 5 feet on each side. Staff is proposing that detached ADU's be required to meet the same setbacks that are allowed for garages, which are considered accessory structures. Garages off alleyways can have a 0 -rear setback and just 3 feet on each side. A 3 -foot rear setback would be required on properties that are not located on an alleyway. The intent is to promote ADU's on top of garages. A 15 -foot front setback would still be required. • Who can have an ADU - BMC 20.46.010.c. The current code allows only one ADU on a residential lot, and this would not change. The proposed amendment is intended to clarify the limitation that only two units are allowed on a property. For example, a lot that already has a duplex would not be allowed to have an ADU, as well. Manufactured homes - BMC 20.46.010.d. A provision was added to allow manufactured homes as ADUs provided they comply with the design criteria for ADUs and with the provisions for manufactured homes found in BMC 20.46.040. The proposed amendment is consistent with the intent to make ADUs more subordinate to the primary residence. She noted that there is a demand for tiny homes, which could be permitted as an ADU. However, the International Building Code (IBC) requires that housing must be placed on a permanent foundation. Roll up homes (wheels and chassis) will still be allowed, but they must comply with the City's RV standards. Maximum and minimum requirements - BMC 20.46.010.e. Staff is proposing three revisions to this section: Remove maximum size of 1,000 square feet, remove minimum size of 300 square feet, and acknowledge upstairs/downstairs flats as ADUs. As proposed, ADU's must be secondary dwelling units that are subordinate to the primary unit and are limited to 60% of the primary unit's habitable floor area. These changes will address tiny homes, which can be as small as 96 square feet. It will also help accommodate ADUs on top of garages and address situations where property owners install "fake" walls in order to pass inspection and reduce livable area. The proposal is to maintain the 60% (of the primary residence) size limitation, with no specific maximum or minimum identified. In an attempt to address older homes that have already been converted into two units, one upstairs and another downstairs, staff is proposing an amendment that will allow equal square footage for the principal unit and the ADU if the ADU is located completely on a single floor of the existing structure constructed before January 1, 2017. The idea is to encourage owners of existing ADUs to bring them up to code and obtain the necessary permits. Design standards - BMC 20.46.010.f. The current design standards for ADUs only have three provisions: ADUs must be constructed of similar materials as the principal unit, roofs must be the same pitch or greater, and the height cannot be more than 25% taller than the principal building. Staff is proposing to revise the design criteria to ensure compatibility with the surrounding neighborhoods. The proposed design criterion contains a list of 12 architecturally unique design elements, and the applicant of an ADU will need to incorporate at least 4 of the 12 to construct an ADU. The options include recessed entryways, dormers, gables, covered porches, offsets in building face or roof, bay windows, decorative cornices and rooflines, and shutters. The amendment would also allow a developer to propose an alternative feature that provides visual relief similar to the options listed. Bremerton Planning Commission Minutes May 16, 2017 - Page 4 of 8 On-site parking - BMC 20.46.010.h. Although paved parking areas and driveways are already required in another section of the code, additional language was added to the ADU section to make the requirement clear and reduce confusion and misunderstandings. Utilities - BMC 20.46.010.j. The City recently changed its utility code, and property owners are no longer required to add a new water meter to a property to accommodate an ADU. However, it would remain an option so that property owners can charge the residents of both units separately. Adding a water meter is costly (about $10,000 to $12,000). The revised code allows a property owner to add an additional unit without providing another water meter, if the existing meter has sufficient capacity. To clarify the requirement, staff is proposing additional language that every ADU must be served by City water and sewer/septic system. Currently, people are promoting composting and incinerator toilets, which are allowed in the City. However, they cannot be considered the primary source within an ADU. Ms. Satter summarized that staff is proposing flexibility in the ADU code, which allows for better utilization of existing infrastructure, accommodates more people and dollars into the community and promotes more quality housing. It is important to remember that Bremerton is the metropolitan city of Kitsap County, and it is expected to be an urban, dense environment. Staff understands there are neighborhood concerns that allowing ADUs in residential neighborhoods will reduce property values, but there is no evidence to back up these concerns. In fact, studies show that the resale value of a property will increase if an ADU is added. There is also concern that non-resident landlord properties will be neglected, but there is no evidence to support the claim. The proposed amendment supports the Comprehensive Plan's goals and policies for quality housing, provides a variety of housing options, and has a potential to reduce the number of non -conforming properties. Because the proposed amendments to the ADU provisions are new and different and there could be unintended consequences, Ms. Satter said staff will provide a report to the Planning Commission no later than 18 months from the time the provisions are adopted. This will allow the Commission an opportunity to evaluate how well the provisions work and recommend amendments as needed. Chair Wofford opened the public hearing. There was no one in the audience who indicated a desire to participate, and Chair Wofford closed the public hearing. He invited the Commissioners to share their thoughts on the proposed amendments as follows: • Appeals - BMC 20.02.140. The Commissioners did not have any comments or questions regarding these amendments. • Fences - BMC 20.46.020. The Commissioners did not have any comments or questions regarding these amendments. • Occupied Recreational Vehicles (RVs) - BMC 20.46.050. Vice Chair Tift asked if the City would permit an RV to be occupied for more than 30 days. Ms. Lambert answered that occupancy of more than 30 days would only be allowed in situations where a property owner is constructing a home. If a building permit has been issued for the property, the owner can occupy an RV for up to 1 year while the home is being built. As currently written, there would be no other circumstance that would allow someone to occupy an RV for more than 30 days. Commissioner Goodnow asked if the provision would pertain to the property or the RV. For example, would each different RV on a property be allowed a 30 -day occupancy? He cautioned against allowing property owners to operate a type of Airbnb for RV's in their driveways. Ms. Lambert answered that the provision is intended to pertain to the property, and not to individual RVs that might be located on the property throughout the year. Ms. Satter added that only one RV is allowed on each lot. Vice Chair Tift asked how often a homeowner could obtain an occupancy permit for an RV. Ms. Lambert answered that the current language would limit occupancy to a total of 30 days, and only one RV could obtain an RV permit. However, the 30 -day occupancy could be spread throughout the 12 month period. • Automobile Service and Repair - BMC 20.62.020, BMC 20.82.040, and BMC 20.42.040. The Commissioners did not have any comments or questions regarding these amendments. Bremerton Planning Commission Minutes May 16, 2017 - Page 5 of 8 Accessory Dwelling Units (ADUs) - BMC 20.46.010. Commissioner Conley referred to the proposed amendments in BMC 20.46.010.a and asked if an ADU would be allowed to locate on top of a garage that does not comply with the current setback requirements of the zone. Are their provisions for grandfathering in these structures? Ms. Satter explained that the non -conforming provisions try to get things into conformance. If a property owner is proposing changes or repairs to a structure that equate to more than 75% of its value, the current code requires that the garage be built to meet all code requirements. Director Spencer clarified that the non -conforming provisions require that the ADU would not increase the non-conformance. For example, you could do an ADU on top of a garage that is non- conforming, but the ADU portion of the building would have to meet the setback requirements. That means it might need to be stepped in from the property line. Vice Chair Tift asked if community covenants that limit the number of homes on each property to one would take precedence over the ADU ordinance. Director Spencer answered affirmatively. She explained that the use would be permitted by City code, but the City does not enforce community covenants. Staff tries to notify applicants when their current covenants do not allow ADU's, if we are aware of the restriction. Commissioner Goodnow referred to RVs being used on residential properties versus tiny homes on trailers. He asked if someone could make the case that their RV is a tiny home on a trailer. Ms. Satter answered that tiny homes are considered RVs if they have wheels and therefore the RV provisions would apply. In order for a tiny home to be considered an ADU, it would have to be connected to a permanent foundation and the chassis would need to be removed. Commissioner Goodnow asked if there is way for someone to permanently occupy a tiny home on a trailer in Bremerton. Ms. Satter answered that it would be considered an RV, and the 30 -day occupancy limit, if adopted, would apply. Commissioner Goodnow commented that tiny homes seem to be growing in popularity and need to be addressed. Ms. Satter noted that they would be allowed in mobile home parks, and manufactured parks can be located in low-density residential zones. Director Spencer said the proposed ADU amendments are intended to allow the City to proceed cautiously. Removing the owner -occupancy requirement for ADUs is a sensitive topic, and staff wants to ensure that the resulting ADU units are quality and do not compromise the fabric of the neighborhoods. Any housing in the neighborhoods should be permanent. Tiny homes rolled into backyards are not intended to be a true housing solution, at this point, especially with the removal of the owner -occupancy requirement. Commissioner Nerf clarified that, as proposed, the provision in BMC 20.46.010.e, which pertains to splitting a house into two units (primary residence and ADU), would apply to properties constructed before January 1, 2017. Does that mean that the structure had to exist before that time, or that the division had to exist before that time. Ms. Satter said it means that the structure had to exist before that time frame, not the ADU split, and is not intended to apply to new construction. Chair Wofford asked if ADU's would be required to meet the City's current limitations on impervious surfaces. Ms. Satter answered affirmatively. She referred to BMC 20.46.010.A, which requires that ADUs comply with the development standards of the underlying zone, including setbacks, lot coverage, and height. The lot coverage limitation for most residential zones is 60%. This requirement will be a limiting factor for a number of properties in the City, especially when 3 parking spaces are required for the ADU and primary residence. Chair Wofford noted that, as proposed, an ADU could connect to the septic system that is in place for the primary residence. He asked if it would be appropriate to require an ADU to be hooked to a sewer line if one runs by the property. Ms. Satter said that, as per the current provision, a property that is within 200 feet of a sewer line must hook up to the sewer line when adding a new unit or the septic system fails. That means that, even if a primary residence is served by an existing septic system, a new ADU would be required to hook up to sewer. Chair Wofford recalled that in her presentation, Ms. Satter referred to ADUs as granny flats, in-law apartments, etc. These terms infer that the main unit will be owner -occupied. He said he supports retaining the owner -occupancy requirement. Bremerton Planning Commission Minutes May 16, 2017 - Page 6 of 8 Commissioner Goodnow requested clarification about the requirement that ADU's must have paved driveways and parking spaces. Ms. Satter said the definition of a "paved surface" is a surface that is constructed of bounded materials. That means it cannot be gravel or rocks. A property owner has several options, including pervious pavement, and the 3 required parking spaces must each be at least 8' x 18'. VICE CHAIR TIFT MOVED TO RECOMMEND THE CITY COUNCIL ADOPT THE TEXT AMENDMENTS TO THE BREMERTON MUNICIPAL CODE (BMC) AS DETAILED IN ATTACHMENT 1, BASED UPON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN ATTACHMENT II. COMMISSIONER GOODNOW SECONDED THE MOTION. Chair Wofford suggested that the motion be amended to exclude the proposed amendment to BMC 20.46.010, which would eliminate the owner -occupancy requirement for ADUs. Commissioner Goodnow clarified that the current requirement is that the primary residence or ADU must be owner -occupied for at least 6 months each calendar year. Ms. Satter said it is not uncommon for property owners to mislead the City about occupancy, and the requirement is very difficult to enforce. Even though a Notice on Title is required, the current standard practice is for both units to be rented. None of the other Commissioners indicated support for an amendment to the motion, but Director Spencer noted that the City Council would be advised of Chair Wofford's concerns about owner occupancy via a minority report. She agreed that this is a concern, and that is why staff is recommending an evaluation check 18 months after code adoption. Chair Wofford suggested that it might be difficult to reinstate the owner -occupancy requirement at a later date. Vice Chair Tift expressed his belief that the proposed amendments related to ADUs could have unintended consequences, and it will be important for staff to report back to the Commission after a period of time. Director Spencer expressed her belief that the risk/reward associated with the proposed amendments will be worth it. People are doing this already, and the changes may encourage them to obtain the required permits and get people into quality housing units. However, staff is absolutely committed to providing a report. THE MOTION, AS STATED, CARRIED UNANIMOUSLY. BUSINESS MEETING Chair Report Chair Wofford did not have any items to report. Director Report Director Spencer reviewed permit statistics, which are a good indicator of the value of new construction. In April, the City issued permits that were valued at $3.8 million, more than the previous two year combined (2015 was $1.9 million and 2016 was $744,000). February was a similar story. This is an indication that permit activity is heating up and will likely get hotter based on inquiries staff is receiving. Director Spencer said staff has been following online "Region of Boom" stories on KUOW, which talk about the growth trends in Puget Sound outside of Seattle. She received an email from KUOW, that Bremerton will be the next area highlighted, and she and Ms. Satter were interviewed last week for their radio program, along with other members of the community. The story will be published in late June or early July. She said Bremerton is a great community that is different than anywhere else. She worries about gentrification and what the influx of money from King County will mean for the community. It is important for the City to improve its codes so it gets the right kind of housing stock for all of its residents. She voiced appreciation to the Commissioners for their willingness to entertain amendments to the ADU provisions, which step outside their box of comfort. She felt the changes would be good for the City's future. Old Business There was no old business. Bremerton Planning Commission Minutes May 16, 2017 - Page 7 of 8 New Business Commissioner Nerf reported that he recently attended a seminar on Homelessness that was sponsored by the League of Women Voters. At the event, references were made to wooden tents, which are sometimes referred to as tiny houses. He suggested it would be good for the City to clearly understand what the terms mean and have some provisions in place for these types of housing units. Director Spencer said she has been struggling with this issue a lot because there is not clarity. She is scheduled to meet with Kitsap County's DCD Director to learn more about what the terms mean and what infrastructure needs to be in place to support the units. Commissioner Goodnow said he recently read that a number of tiny homes were constructed for the homeless on the waterfront in Port Orchard. Director Spencer said she is trying to understand more about how the county is permitting the "tiny houses," which appear to be constructed similarly to storage sheds. While she understands that they offer an inexpensive solution, it does not seem right to ask someone to live in that kind of condition. Commissioner Goodnow acknowledged that it is a step up from a tent or tarp behind a building. Commissioner Jones said her daughter worked for the Low -Income Housing Institute in Seattle, which has an entire program for tiny houses. She suggested staff could find some valuable information from the institute's website. The homes in Seattle look more like houses than sheds, but they were small. Director Spencer said the tiny homes in Seattle all have their own facilities inside, which seems to be the right solution. ADJOURNMENT The meeting was adjourned at 6:54 p.m. Respectively Submitted by: Andrea L Spencer, AICP Executive Secretary Nick Wofford, Chair Planning Commission Bremerton Planning Commission Minutes May 16, 2017 - Page 8 of 8 szs O isit V V W�A 3T705 - -r i f � - rlbN32r 5 i� �ri l �� �+oem vo r? N '.S0010 Od, i z I Lu s o:➢ fM' 3x�alra N N y r No�� `gypN3� a tt 3103 N,3NId.;- w 0 i �N 3A ..g-., IOU (w7 N01N3a1 f1D9T• i Z �1 � Z ---x z 1 , 0 aNrna 'r N Y OISdIN W C N IL gihJts w 3 O LL ENIadS zz a tl! oN o ru c w o 1 V V E w IA Sm 5 o C 2-1. m Al N c N L aci o c U E v c o >..E o 'o a w w „. Y N z .-. O T N N E E O f0 U d 0 m= L 7 N O ¢ N m w m G. y C T3 2).o C y w r a .0 ui o .. a W W 0 J 2 2 Z U Y 153apd a Ile ' �fn°; g .4C�"- - _ jO'cri,4_•.. w s snova-to � Q O m h 139WH • r ` _ D "v'M szs O isit V V W�A 3T705 - -r i f � - rlbN32r 5 i� �ri l �� �+oem vo r? N '.S0010 Od, i z I Lu s o:➢ fM' 3x�alra N N y r No�� `gypN3� J� . a 3103 N,3NId.;- w i �N 3A ..g-., � '•• . f1D9T• O ---x z 1 , aNrna 0, IL gihJts ov 1 V IA Sm 5 Al w „. Y N i�111 4 7T u .4C�"- - STE"%NS jO'cri,4_•.. w J� . U' N ,t+irnQrrnQ 7 'u' A17k3$ 4= nn3�rus scar No., - W:rHSV73g Cd x [_- r a a s r 93S i AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 14, 2017 Agreement with BMcConsulting LLC for COUNCIL MEETING Date: June 21, 2017 Lobbying Services Department: Mayor Presenter: Patty Lent Phone: (360) 473-5266 SUMMARY: This Consulting Agreement with BMcConsulting LLC will provide lobbying services from July 1, 2017 through June 30, 2018. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BMcConsulting LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT BMcConsulting LLC The City of Bremerton ("City") and BMcConsulting LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that the term of this Agreement will be for one year beginning on July 1, 2017 and ending June 30, 2018. This Agreement may be terminated pursuant to Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant $4,000.00 per month from July 1, 2017 to December 31, 2017 and $5,000.00 per month from January 1, 2018 to June 30, 2018. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its Bremerton/BMcConsulting LLC Lobbying Services Page 1 of 6 employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in BremertonBMcConsulting LLC Lobbying Services Page 2 of 6 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 2. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 t Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain Bremerton/BMcConsulting LLC Lobbying Services Page 3 of 6 accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in , Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in , Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. BremertonBMcConsulting LLC Lobbying Services Page 4 of 6 G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: Either party may terminate this Agreement at any time for any reason upon thirty (30) days prior written notice, subject to those obligations set forth in this Agreement Bremerton/BMcConsulting LLC Lobbying Services Page 5 of 6 which arise upon or survive termination. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT its: its: Date: Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\EXECUTIVE\BMcConsulting 2017.doc BremertonBMcConsulting LLC Lobbying Services Page 6 of 6 Attest: City Clerk EXHIBIT A SCOPE OF WORK Consultant shall provide the City of Bremerton with the following governmental affairs services: • Work with the Mayor and City Council to develop a holistic legislative agenda. • Meet with Legislators to promote city legislative agenda items. • Develop 2018 legislative agenda in conjunction with the Bremerton Mayor and City Council. • Develop and lobby for Transportation and Capital Budget funding requests identified by the Council and the Mayor. • Lobby the Legislature on all issues developed under the legislative program. • Lobby defensively on legislation that is introduced that would negatively impact the City. • BMcConsulting would register as the City's lobbyist with the Public Disclosure Commission. • Attend and, as needed, help organize, West Sound Alliance meetings to ensure City of Bremerton interests are addressed. • Attend/monitor Puget Sound Coordinating Council to ensure City of Bremerton interests are addresses. If Consultant is hired to support the City of Bremerton during session, the following will be included to the scope of work: • Provide the Mayor and City Council with a weekly legislative report during the legislative session that includes weekly hearing schedules and a summary of bills important to the City. Identify legislation that would impact the City of Bremerton specifically. • Attend all relevant legislative hearings. • Develop talking points and testimony, as needed, for meetings with Legislators and testimony before legislative committees; help coordinate such visits with city officials. 1