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HomeMy WebLinkAbout10/11/2017 AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 ***AMENDED*** OCTOBER 11, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated during the Study Session except when deemed appropriate; and the content of these items is subject to change. If approved by the Council, the items will be placed on the October 18, 2017 Council Meeting Agenda: A. LIMITED PRESENTATION PLANNED - The following items are budgeted items or subjects that have been raised by the appropriate Council Committee Members: 1. Proposed Public Hearing for Acceptance of the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) 2. Change Order No. 2 and Administrative Authorization for Closeout of the Lebo Boulevard Roadway Improvement Project 3. Purchase of Office Furniture and Installation Services from Staples Business Advantage for the City of Bremerton Offices on the First Floor of the Norm Dicks Government Center B. BRIEFINGS AND FULL PRESENTATIONS 1. Emergency Justification for Public Works Agreement with Sabelhaus West for Interior Coating Repairs to Reservoir No. 21 (Action is anticipated...) 2. Proposed Public Hearing to adopt a Resolution approving the 2018 Community Development Block Grant (CDBG) and HOME Funding Recommendations for inclusion in the 2018 CDBG/HOME Action Plan 3. Tax & License Transition to Department of Community Development (Information only...) 4. Resolution adopting Management Policies for the Restricted Parking Zone Program in Section 10.10.040 of the Bremerton Municipal Code including new Commuter and Paid Parking Zones 5. Ordinance amending Sections of Chapter 10.10 of the Bremerton Municipal Code entitled 6. Ordinance amending Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax - Amount" relating to the allocation of Stormwater Fees or Taxes collected for Street Improvements C. GENERAL COUNCIL BUSINESS Audit Committee Briefing (09/18/17 Meeting) Chair Pat Sullivan Public Works Committee Briefing (10/3/17 Meeting) Chair Dino Davis Public Safety & Parks Committee Briefing (10/11/17 Meeting) Chair Leslie Daugs Other General Council Business D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should -5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON A1 CITY COUNCIL SUBJECT: Study Session Date: October 11, 2017 Public Hearing for Acceptance of the COUNCIL MEETING Date: October 18, 2017 2017 Edward Byrne Memorial Justice Department: Police Assistance Grant (JAG) Presenter: Captain J. Burchett Phone: (360) 473-5225 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, JAGs have been used to help fund the salary of the Community Resource Specialist. The 2017 JAG will be used for the same purpose. This grant will allow the City of Bremerton to continue to sustain the Community Resource Unit and its crime prevention function and programs which include Neighborhood Watch, the Landlord Notification Program, Abandoned Property Program, crime analysis function, enforcement of the Chronic Nuisance Property Ordinance, and the Bremerton Citizen Auxiliary Volunteer Program. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $22,211.00. ATTACHMENTS: Grant application. FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the 2017 Edward Byrne Memorial Justice Assistance Grant (JAG), and to authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL A2 CITY OF BREMERTON CITY COUNCIL SUBJECT: Change Order No. 2 and Study Session Date: October 11, 2017 Administrative Authorization for Closeout of COUNCIL MEETING Date: October 18, 2017 the Lebo Boulevard Roadway Improvement Department: PW & U Project Presenter: Rick Zimburean Phone: (360) 473-5334 SUMMARY: The attached spreadsheet details the Lebo project budget, current expenses, and anticipated final amounts. For the main construction contract, we anticipate 1 additional close out change order, for a total of 3. Change Order No. 2 is $158,921.57. The total combined amount for change orders 1 and 2 is $325,858.91, which is 6.6% of the original contract amount. Per Bremerton Municipal Code 2.76.110, changes totaling over $200,000 require Council approval. In order to manage this project efficiently to conclusion, we are asking for Council authorization for the Mayor to sign the remaining change orders, so long as the project budget is not exceeded. Please note current projections show us to finalizing the project at $6,469,984.00 which is below the project budget. ATTACHMENTS: 1. Change Order No. 2 with Schedule A 2. Financial Summary Spreadsheet for the Lebo Boulevard Roadway Improvement Project FISCAL IMPACTS (Include Budgeted Amount): The Lebo Boulevard Road Improvement Project budget is $6,581,1 STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 for the Lebo Boulevard Roadway Improvement Project, and authorize the Mayor to finalize and execute Change Order No. 2, and to finalize and execute subsequent change orders necessary to close out the project, within the overall project budget, with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON A3 CITY COUNCIL SUBJECT: Approve Purchase of Office Study Session Date: October 11, 2017 Furniture and Installation Services from COUNCIL MEETING Date: October 18, 2017 Staples Business Advantage for City of Department: PW & U Bremerton Offices on the First Floor of the Presenter: Chal Martin Norm Dicks Government Center Phone: (360) 473-5758 SUMMARY: Purchase of office furniture and installation services with Staples Business Advantage for the new tenant improvement project areas in the First floor City offices of the Norm Dicks Government Center for the planned relocations of City staff. st ATTACHMENTS: 1) Quote; 2) Furniture Layout-1 Floor FISCAL IMPACTS (Include Budgeted Amount): Office Furniture : $ 64,539.49 Labor / Installation : $ 7,085.00 For the total amount of $ 71,624.49 STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the purchase and installation services of office furniture for the first floor City offices in the Norm Dicks Government Center with Staples Business Advantage in the amount of $ 71,624.49 including WA State sales tax and authorize the PW & U Director or his designee to purchase the office furniture and services as proposed, upon terms and conditions agreed upon. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 4510 Frontage Rd NW Auburn QUOTATION WA98001 253-632-3854 Phone: Fax: SOLDTO:SHIPTO: Chris MottnerChris Mottner City of BremertonCity of Bremerton 345 Sixth Street345 Sixth Street BremertonWA98337BremertonWA98337 360-908-0832360-908-0832 Project: FQO NODATECUSTOMER PO NOCUSTOMER NOSALESPERSON 9/28/2017Chris MottnerKrissy Garber Line #QtyPart NumberPart DescriptionExt Sell $ BREAK ROOM 113 $1,496.03 Subtotal: OFFICE 102 $2,956.89 Subtotal: OFFICE 103 $4,115.61 Subtotal: OFFICE 104 $2,510.56 Subtotal: OFFICE 105 $2,881.66 Subtotal: OFFICE 106 $4,086.08 Subtotal: OFFICE 107 $3,891.49 Subtotal: OFFICE 107A $2,983.19 Subtotal: OFFICE 108 $1,809.25 Subtotal: OFFICE 108A $2,858.01 Subtotal: OFFICE 109 $3,891.57 Subtotal: OFFICE 110 $3,891.57 Subtotal: OFFICE 119 Prepared By:Krissy GarberPage 1 of 2 2017-09-28 City of Bremerton - FLOOR 1, GR2 - 467112.sp49/28/201711:20:24PM FQO NODATECUSTOMER PO NOCUSTOMER NOSALESPERSON 9/28/2017Chris MottnerKrissy Garber Line #QtyPart NumberPart DescriptionExt Sell $ $2,768.91 Subtotal: ROOM 101 $657.38 Subtotal: ROOM 111 $1,484.40 Subtotal: ROOM 116 $3,666.66 Subtotal: TOUCHDOWN 112 $335.00 Subtotal: TOUCHDOWN 120 $335.00 Subtotal: WORKSTATIONS 117-118 $12,591.28 Subtotal: Z-INSTALL $6,500.00 Subtotal: $65,710.54 Total Sell: ___________________________________________Special Instructions_________________________________________ Furniture Return Policy: Furniture is sourced specifically for the customer and cannot be resold and is non-returnable. Damaged or Defective items will be repaired or replaced in keeping with the manufacturer warranties in place at time of order. Staples brand items or products sourced from inventory may be returned if unopened, unassembled and in original packaging within 14 days of receipt of product. Applicable Sales Tax will be added at time of invoicing.This quote is valid for 30 days unless otherwise noted. ___________________________________________Additional Instructions______________________________________ _______________________________________________________________________________________________________ Customer acknowledges and agrees that in addition to any contractual terms between the parties, Staples Contract & Commercial, Inc. operating as Business Interiors by Staples, Terms and Conditions apply. By signing this quote, the customer authorizes procurement of the product included herein. Terms and conditions are found at www.staplesadvantage.com/business-interiors/or may be provided by your sales representative. _________________________ ______________________________________________________ Date Client Approval _____________________________ _______________________________________________________________ PO Number Title $65,710.54 Total Sell: Prepared By:Krissy GarberPage 2 of 2 2017-09-28 City of Bremerton - FLOOR 1, GR2 - 467112.sp49/28/201711:20:35PM AGENDA BILL CITY OF BREMERTON B1 CITY COUNCIL SUBJECT: Emergency Justification for Study Session Date: October 11, 2017 Public Works Agreement with Sabelhaus COUNCIL MEETING Date: N/A West for Interior Coating Repairs to Department: PW&U Reservoir No. 21 Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: Reservoir 21 is a 3 million gallon steel potable water reservoir located in N.A.D. Park. The exterior of the reservoir was coated this summer. Staff recently discovered that portions of the interior coating are failing, including the bottom 10 feet around the side shell and the six center columns. This is a critical reservoir in the W256 Zone since it provides water during fire emergencies to the Navy hospital and John D. Hawk Elementary School. The repairs must be made before the reservoir can be put back in-service, and must be expedited since the coating installation is temperature sensitive. The repair work is being sole-sourced; sole source justification is attached. The contractor (Sabelhaus) is familiar with the reservoir interior conditions and can mobilize to perform the repair work immediately. The City received a quote from Sabelhaus West in the amount not to exceed $100,000, which includes sales tax. the Reservoir out of service presents a real immediate threat to the proper performance of an essential function of the City. ATTACHMENTS: 1) Council Summary 2) Emergency Justification Memorandum 3) Location Map 4) Public Works Agreement FISCAL IMPACTS (Include Budgeted Amount): $720K was budgeted for coating the exterior of Reservoir 21 in 2017. Approximately $560K has been expended to date, leaving approximately $160K remaining in the budget, which will be used to fund this work. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing Action anticipated at October 11 Study Session RECOMMENDED MOTION: Move to adopt the findings set forth in both the Council Summary and Emergency Justification Memorandum; approve the Public Works Agreement with Sabelhaus West for the Reservoir 21 Interior Coating Repair in the amount not to exceed $100,000 (which includes sales tax); and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 Reservoir 21 Interior Coating Repair October 2017 Council Summary Reservoir 21 is a 3 million gallon steel potable water reservoir located in N.A.D. Park off of Austin Drive (see location map). The exterior of the reservoir was coated this past summer. As the reservoir was being completed, City staff inspected the interior and determined that portions of the interior coating were failing. The failure appears to be isolated to the six center columns and the bottom 10 feet of the side shell, and is mainly the topcoat. A special inspector hired by the City believes that the failure was caused by poor atmospheric conditions inside the tank when the tank interior was coated in 2008. Typically, the tank ambient temperature and humidity is controlled with equipment during coating application to ensure a dry, warm environment. If the environment is damp or cold, the coating may not adhere to the underlying coat or surface. This appears to be the case for Reservoir 21, since the topcoat of paint is peeling off in large sections from the middle coat in the affected areas. The remainder of the reservoir interior coating appears to be in good condition and no failure has been visually observed. This is an important reservoir in the W256 Zone since it provides water during fire emergencies to the Navy hospital and John D. Hawk Elementary School. Putting the reservoir back on-line without repairing the surface would allow paint chips to enter our water system, which is unacceptable. e failed areas as soon as possible in order to place the reservoir back on-line. Based on recommendations from Sherwin Williams, Sabelhaus West (local o remove the failed topcoat in affected areas and roughen the surface so that a new epoxy coating can be applied. The atmosphere will be controlled during the work to ensure proper application. We believe this will preserve the integrity of the interior coating until the reservoir is painted again in approximately 10 years based on its regular scheduled maintenance. As authorized pursuant to RCW 39.04.280(1)(c), to expedite this time-critical work, the City has chosen Sabelhaus West, Inc. They are located in Silverdale, WA and can mobilize immediately for completion of the repair work. 1 | Page Lb9wLhw /h\[ ab hC w9{9whLw ЋЊ 2 | Page \[h‘9w {L59 {I9\[\[ hC w9{9whLw ЋЊ 3 | Page LOCATIONMAPRESERVOIR21 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and Sabelhaus West, Inc.(“Contractor”), whose mailing address is10880 Old Frontier Road NW Silverdale, WA 98383. The parties agree as follows: 1.CONTRACTOR SERVICES.The Contractor shall perform the services for the City described in Attachment A. 2.TIME OF COMPLETION.Contractor shall complete the work within30 calendar days from the date of issuance of the City’s Notice to Proceed. 3.COMPENSATION.The City shall payan amount to theContractornot to exceed $100,000.00. Of this amount, $83,376.99 is the base contract amount (which includes sales tax) to be paid for the services described in Attachment A. An additional $16,623.01 is included in the contract as force account, which may only be used as directed in writing by the Owner.The City shall pay the Contractor ninety percent (90%) of the base contractamountplus used force account uponcompletion andacceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A.No Performance Bond. Because this contract, including applicable sales tax, is $150,000or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final ten percent (10%) of the Contract amount for a period of forty-five(45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B.Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of forty-five (45) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C.Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the PUBLIC WORKS AGREEMENT –Page 1of 9 (betweenCity of Bremerton and Sabelhaus West) City. “Additional costs” shall mean all reasonablecosts, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and allamounts due or to become due the Contractor. D.Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR.Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5.TERMINATION.The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A.The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B.The Contractor’s failure to complete the work within the time specified in this agreement. C.The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D.The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E.The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES.Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. PUBLIC WORKS AGREEMENT –Page 2of 9 (betweenCity of Bremerton and Sabelhaus West) 7.CHANGES.The City may issue a written work change directive for any change in the Contract work during the performance of this agreement.If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change.If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment.The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments.However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate.The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City.If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work.If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A.Procedure and Protest by the Contractor.If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract’s protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records neededfor evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT –Page 3of 9 (betweenCity of Bremerton and Sabelhaus West) B.Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C.Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D.Failure to Protest Constitutes Waiver. By not protestingas this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E.Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8.CLAIMS.The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9.WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may PUBLIC WORKS AGREEMENT –Page 4of 9 (betweenCity of Bremerton and Sabelhaus West) complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10.INDEMNIFICATION.Contractor shall defend, indemnify and hold the City, its officer, 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 injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11.INSURANCE.The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insuranceevidencing: A. Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B.CommercialGeneral Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable;and employer’sliability. . Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. PUBLIC WORKS AGREEMENT –Page 5of 9 (betweenCity of Bremerton and Sabelhaus West) The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s 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 coverageapplies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 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 reserves the right toreceive a certified copy of all the required insurance policies. 11.INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insuranceevidencing: 1.Automobile Liabilityinsurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liabilityinsurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer’s liability. 3.Excess Liabilityinsurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. PUBLIC WORKS AGREEMENT –Page 6of 9 (betweenCity of Bremerton and Sabelhaus West) The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s 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 th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6Street, 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 bea breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12.MISCELLANEOUS. A.Nondiscrimination.In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B.Compliance with Laws.Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C.Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor 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. D.Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect PUBLIC WORKS AGREEMENT –Page 7of 9 (betweenCity of Bremerton and Sabelhaus West) E.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F.Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. G.Written Notice. All communications regarding this agreement shall be sent to theparties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H.Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J.Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. PUBLIC WORKS AGREEMENT –Page 8of 9 (betweenCity of Bremerton and Sabelhaus West) K.Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. Sabelhaus West, Inc.THE CITY OF BREMERTON ____________________________________________________________ (Signature)(Signature) Print Name:Print Name:Patty Lent Title:Title:Mayor Date:Date: Notices to be sent to:Notices to be sent to: CONTRACTOR:CITY OF BREMERTON: SabelhausWestCity of Bremerton ATTN: Nick Sabelhaus345 Sixth Street 98310 10880 Old Frontier Road NWSuite 600 Silverdale, WA 98383Bremerton, WA Phone:(360) 662-9860Phone:(360) 473-5345 Fax: (360) 662-9866Fax: (360) 473-5161 ATTEST:APPROVED AS TO FORM: __________________________________________________________ Bremerton City ClerkBremerton City Attorney PUBLIC WORKS AGREEMENT –Page 9of 9 (betweenCity of Bremerton and Sabelhaus West) PREVAILING WAGES Date: October 11, 2017 To: City of Bremerton Attn: Bill Davis Project: Reservoir 21 Bremerton WA. Scope Section: Interior preparation and application of epoxy 12ft up from the floor around the shell of the tank and 6 center columns where existing coatings have failed. Specification: Sherwin Williams We purpose to furnish labor and materials for the following scope of work: 1.Write up site specific safety plan and review with the team on site. 2.Calculate and set up ventilation and Dehumidification for environmental control Hold Point 3.Mobilize and set up equipment on site. 4.Pressure wash perimeter walls at 12 ft and floor to SP-1 Hold point 5.Set up safety tie off lines and spider system in tank to access columns. 6.Sand / Vapor blast 10ft up from floor and columns to an SSPC-SP 6. Hold Point 7.Apply 1 coat of Macropoxy 646 pw in light gray at 3.0 to 4.0 mils DFT per the manufactures specifications Hold Point 8.Apply stripe coat of Macropoxy 646 and welds, joints and seems Hold Point 9.Apply a second coat of Macropoxy 646 in white at 5.0 to 6.0 mils DFT per the manufactures specifications Hold Point rd 10.Holiday testing to be done with 3 party inspector. Hold Point 11.Remove existing sand and debris and dispose of at the local land fill. Exclusions: 1.Cleaning and disinfection of tank to be done by city 2.No Caulking or sealant work is included at the lower ring to concrete. Assumptions: Work will be done per the contract agreement, 3.Power and water are available on site 4.Wash water can gone down drain in tank filtering the debris 5.No payment/performance bond is included in pricing Terms: Payments to be made per the contract agreement. In the event of an award, this Scope of Work & Proposal is contingent upon a mutually acceptable contract between our company and the Contractor/Owner. Contractor Registration SABELW19757R2 Washington State UBI 602 826 877 DUNS 883774895 L & I 557,626-02 AGENDA BILL CITY OF BREMERTON B2 CITY COUNCIL SUBJECT: Public Hearing to adopt Resolution Study Session Date: October 11, 2017 No. approving the 2018 Community COUNCIL MEETING Date: October 18, 2017 Development Block Grant (CDBG) and HOME Department: DCD-Block Grant Funding Recommendations for inclusion in the Presenter: Sarah Achaoui 2018 CDBG/HOME Action Plan Phone: (360) 473-5375 SUMMARY: On June 21, 2017, City Council approved the 2018 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Review Committee has developed 2018 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Deve Annual Action Plan. ATTACHMENTS: 1. Staff Memo Attachment I: 2018 Requested City of Bremerton CDBG/HOME Project Descriptions Attachment II: Letters of Support for Recommended Projects Quincy Square, Sher Partners Learning Through Active Play, Kitsap Community Resources Coder Dojo, Paladin Data Systems Weatherization, Kitsap Community Resources 2. Resolution with Exhibits Exhibit A: 2018 City of Bremerton CDBG/HOME Funding Recommendations FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development and these recommended sub- grants. Administrative costs associated with the program, most of which are covered by the HUD STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. approving the 2018 funding recommendations to be included in the 2018 Action Plan to HUD, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM To: Bremerton City Council From: Sarah Achaoui, CDBG/HOME Administrator Date: October 11, 2017 Re: 2018 Funding Recommendations and Action Plan On June 14, 2017, the City Council approved the 2018 CDBG / HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations. The Policy Plan also allocated funding for CDBG and HOME Administration, CDBG and HOME funds for the and targeted funds for the following priorities: City-Wide Job Training Programs Capital Funding in Target Area All funding is allocated through a competitive application process. The competitive application for 2018 funding was conducted through an RFP process, which was adopted in 2015 to streamline the grant allocation process for City Block Grant Programs. For 2018 funding, the Application was made accessible online and submitted directly to City Staff. Applications were due July 14th. Received were: 4 CDBG Capital Applications (Including Weatherization and Minor Home Repair) 2 Non-Capital Applications (Job Training Programs) Applications were screened by City of Bremerton CDBG Administrator for completeness and eligibility. Each application was individually reviewed and scored by a team of Project Review Committee (PRC) members, then interviewed, ranked and evaluated by the PRC. Through this evaluation process the Project Review Committee developed the funding recommendations shown in Exhibit A of the Resolution. The projects are each described in Attachment I. Highlights: Recommendations for City of Bremerton CDBG funds include job training programs for homeless youth, programs focusing on computer programming for youth in West Bremerton, Childcare Center improvements, Weatherization and Minor Home Repair, Microenterprise assistance, and Engineering and Design for Quincy Square. One City-eligible HOME application was submitted for 2018 funding, the Community Frameworks Built in Bremerton program. This program was fully funded HOME funds. The program anticipates rehabilitating 10 homes and assisting 6 low/moderate income homebuyers. st A 30-day public comment period was opened via legal notice in the Kitsap Sun, running from September 1 through September 30, 2017. All comments received during this period will be provided to Council for consideration. Recommendations for awards to be funded by City of Bremerton CDBG or HOME programs will be presented to Bremerton City Council for approval on October 18th in a public hearing. All funding approvals are contingent upon estimated 2018 funding from the Department of Housing and Urban Development (HUD), availability of reallocated funds from previous years, and program income. The Project Review Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated. If approved, these funding recommendations will be submitted to HUD in the 2018 Annual Action Plan. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Sarah Achaoui at (360) 473-5375. Attachment I 2018 Community Development Block Grant Program Description of Projects Job Training Programs (Subject to 15% Public Service Cap) Agency 1. Coffee Oasis HOPE Inc. Job Training $32,500 HOPE Inc. Job training Program connects homeless youth ages 16-25 with job training opportunities at Coffee Oasis businesses and with partners for 100-150 hour internships. Program will create employment within the City of Bremerton by equipping youth with the skills and support network necessary to acquire employment where they live. Funds will provide for Administrative staff to run the program. 2. New Life Community Development Agency Coder Dojo $27,500 CoderDojo is a free, community-based computer programming club for low income children ages 7-17. Program will provide programming skills early in children's lives as well as key life skills, such as teamwork, curiosity, resilience, and problem-solving. Coder Dojo will help prepare these low and moderate income youth to succeed in school and an economy increasingly integrated with and dominated by technology. Funds will provide for Administrative staff to support the program. MICROENTERPRISE PROGRAM (bƚƷ ƭǒĬƆĻĭƷ Ʒƚ ЊЎі ĭğƦΜ 3. Kitsap Community Resources Business Education Support and Training $65,000 The BE$T Micro-enterprise program is designed specifically for low-income individuals and those with limited funds who are interested in mastering the skills necessary to start and expand their own business. Funds will allow for comprehensive entrepreneurial training for low-income individuals seeking self sufficiency through entrepreneurship. BE$T's primary target population are the unemployed, underemployed, individuals with disabilities, senior citizens, veterans, minorities, refugees and immigrants. A sub-set of this population includes the difficult-to-place employee who may struggle with health issues, age discrimination, addiction recovery, and/or criminal history. A secondary target are the existing small business owners in the community who are struggling and need basic business training and coaching to become a stable and sustainable business. Program anticipates to serve 108 unduplicated individuals within the City of Bremerton. Funds will be used for staff and program costs to support the program. CAPITAL PROJECTS IN THE TARGET AREA: 2018 Entitlement 4. City of Bremerton Public Works Quincy Square $300,000 Funds will be used to prepare engineering and design for a publicly integrated urban revitalization project. Project will work towards turning a long-neglected city-block into an active, housing-based day-to-night urban center with arts, entertainment, and retail spaces. The direct outcome of this project will be a complete set of plans and specifications constituting a bid-ready package for construction of this 1-block street segment which will attract new residents and businesses, and provide a themed center "place" for the City and the Region. New employment opportunities will be generated for low and moderate income Bremerton residents as well as with the new expected housing units associated with the blight area redevelopment, 234 total units are expected to be affordable. Attachment I PROJECTS FUNDED WITH OLD LOANS 5. Kitsap Community Resources Weatherization and Minor Home Repair $150,000 City-Wide $32,000 Target Area-funded with 2018 entitlement Funds will be used to assist low and moderate income Bremerton residents with weatherization and minor home repairs. This will include installing measures which improve energy efficiency such as insulation, blower door testing to assess heat leakage, ductless heat pumps and combustion safety evaluation. It will also include minor home repairs that may include repair or replacement of a leaking roof, improvements that increase accessibility such as wheelchair ramps, as well as health and safety improvements such as repairing wiring and plumbing. Exterior painting will be assessed on a project by project basis. A significant portion of these funds will be available to both renters and home-owners City-wide. Funds will be used for contractor labor and materials, program staff wages & benefits, and support costs for the Weatherization Program. 6. Kitsap Childcare and Preschool Learning through Active Play $91,000 Funds will be used for playground renovations for both Toddler and Preschool outdoor play areas. This will include removal of equipment that is no longer meeting the developmental needs of the children in the program, replacement of fencing that is broken or in need of repair/maintenance, new surfacing in areas that are costly and time consuming to maintain as well as present a safety risk to children due to uneven and broken surface areas, and installation of new equipment that is better designed to meet the social, emotional, and physical needs of children in the program. 2018 Community Development Block Grant Program HOME Investment Partnerships Program Description of Projects 2018 HOME Funds Agency 1. Community Frameworks Built in Bremerton 4 $246,651 Built in Bremerton is a homeownership program in which Community Frameworks acquires, rehabs and sells homes to low income buyers. Buyers obtain a private first mortgage, do sweat equity and are offered HOME and other deferred down payment loans for affordability. Health, safety, energy, exterior improvements upgrade the home and improves the overall quality of the neighborhood. Funds will be used to provide Down Payment Assistance (DPA) and to pay administrative costs to run the program. Funds will be used to rehabilitate 10 homes and provide assistance to 6 homebuyers. 2018 Community Development Block Grant Project Review Committee Recommendations for 2018 Funding utilize any must 1997. Loan payments have - . 2018 Funds): Federal Requirements - operational Revolving Loan fund - (Pre(Old Loan Funds): This fund source is a Description of Funding Sources 1 dictate that the City Program Income on hand prior to making any draws from HUD’s Letter of Credit. The City drew Program Income for projects with contracts that originated in Program Year(s): 2014, 2015, 2016, and 2017, because of these draws a portion of CDBG entitlement was left unspent which will carry forward into the 2018 funding cycle 2 nonmade up of loans that were originated from 1989been made on these loans and because the City was not originating new loans the balance increased throughout the years. Due to a final reconciliation a final account balance was identified and the City included this amount in the 2018 annual process. Made up of a combination of City Staff, Community Volunteers, City Council representative, and Planning Commissioner. The Role of the Project Review Committee established in the 2018 Policy Plan is to review, score, and interview applicants. Project Review Committee members make funding recommendations to the City Council who ultimately makes the final funding recommendation to the Federal Funding Agency: the U.S. Department of Housing and Urban Development. by 2018 CDBG Established Policy Plan Resolution Number 3291 Passed June 21, 2017 Project Review Committee ••• Wide Job Training Programs - CityCapital Projects within the Target Area Determined by Council in two planning sessions held April 12, 2017 and May 10, 2017A public comment period was also held where no comments were received on the funding priorities Funding Priorities Set By Council•• Costs Admin Administrative costs make up 20% of the 2018 estimated entitlement award. Wide Job Training - CityPrograms Because of this (24 CFR570.201(e)): These projects fall into a Public Service Category they are subject to a 15% public service cap. Funding cannot exceed this cap. Capital Projects funded with old loans City of Bremerton HOME Funds Project Descriptions Project Review Committee Funding Recommendations/Contingencies HOME FUNDS - Built in Bremerton is a homeownership program in which Community Frameworks acquires, rehabs and sells homes to low income buyers. Buyers obtain a private first mortgage, do sweat equity and are offered HOME and other deferred down payment loans for affordability. Health, safety, energy, exterior improvements upgrade the home and improves the neighborhood. Funds will be used to provide Down Payment Assistance (DPA) and to pay administrative costs to run the program.Funds will be used to rehabilitate 10 homes and provide assistance to 6 homebuyersFunded at $246,651 Community FrameworksBuilt in Bremerton 4 •••••• JOB TRAINING (15% CAP) - CDBG - where they 150 hour - will create employment employment will provide for HOPE Inc. Job Training Program connects homeless youth ages 1625 with job training opportunities at Coffee Oasis businesses and with partners for 100internships. Program within the City of Bremerton by equipping youth with the skills and support network necessary to acquire live. Funds Administrative staff to run the program. Funded at $32,500 Coffee OasisHOPE Inc. Job Training•••• JOB TRAINING (15% CAP) - CDBG - - community free, is a will provide programming . Dojo will help prepare these will provide for 17. - CoderDojobased computer programming club for low income children ages 7Program skills early in children's lives as well as key life skills, such as teamwork, curiosity, resilience, and problemsolving. Coder low and moderate income youth to succeed in school and an economy increasingly integrated with and dominated by technology. Funds Administrative staff to support the programFunded at $27,500 ••••• New Life Community Development AgencyCoder Dojo MICROENTERPRISE - CDBG - place - set of this to - - income individuals and those - income individuals seeking self enterprise program is designed - - through entrepreneurship. anticipates to serve 108 unduplicated Kitsap Community ResourcesBusiness Education Support and Training will allow for comprehensive entrepreneurial primary target population are the The BE$T Microspecifically for lowwith limited funds, who are interested in mastering the skills necessary to start and expand their own business. Funds training for lowsufficencyBE$T's unemployed, underemployed, individuals with disabilities, senior citizens, veterans, minorities, refugees and immigrants. A subpopulation includes the difficultemployee who may struggle with health issues, age discrimination, addiction recovery, and/or criminal history. A secondary target are the existing small business owners in the community who are struggling and need basic business training and coaching to become a stable and sustainable business. Program individuals within the City of Bremerton. Funds will be used for staff and program costs to support the program. Funded at $65,000 ••••• wide input on - CDBG CAPITAL Project must successfully obtain State capital budget request of $250,000. Street must be reclassified to an arterial to ensure that the road qualifies for future TIB fundingCity’s PW’s Department must conduct a public process to gather communitythe design prior to development of plans Funding Contingencies:1.2.3. a - night fully - to - turning for construction of based day - will work towards package block street segment which neglected city block into an - - direct outcome of this project Funds will be used to prepare engineering and design for a integrated public urban revitalization project. Project longactive, housingurban center with arts, entertainment, and retail spaces. The will be a complete set of plans and specifications constituting a bidready this 1will attract new residents and businesses, and provide a themed center "place" for the City and the Region. Funded at $300,000 City of Bremerton Public WorksQuincy Square•••• CDBG CAPITAL Wide - 234 total units are employment opportunities will Project Review Committee recommended this project because of the opportunity it provides for increased revitalization of the City. New be generated for low and moderate income Bremerton residents as well as with the new expected housing units associated with the blight area redevelopment, expected to be affordable. PRC recommends that the Council sets a policy that the taxes generated from property and sales tax are annually replenished into a fund that provides CityWeatherization and Minor Home Repair to low income homeowners/renters. Timeline to set policy would be early in the 2018 Program Year City of Bremerton Public WorksQuincy Square•••• Quincy Square Driven Revenues to the City of Bremerton - OLD LOAN FUNDS 16 homes will receive assistance citywide4 homes will receive assistance in the target area •• wide, and . - which improve wide. Funds will be - measures efficiency such as insulation, owners City - significant portion of these funds will will also include minor home repairs Funds will be used to assist low and moderate income Bremerton residents with weatherization and minor home repairs. This will include installing energy blower door testing to assess heat leakage, ductless heat pumps and combustion safety evaluation. It that may include repair or replacement of a leaking roof, improvements that increase accessibility such as wheelchair ramps, as well as health and safety improvements such as repairing wiring and plumbing. A be available to both renters and homeused for contractor labor and materials, program staff wages & benefits, and support costs for the Weatherization ProgramFunded at $150,000 city$32,500 in the target area Kitsap Community ResourcesWeatherization and Minor Home Repair•••• OLD LOAN FUNDS meet the for both Toddler and designed to Funds will be used for playground renovations Preschool outdoor play areas. This will include removal of equipment that is no longer meeting the developmental needs of the children in the program, replacement of fencing that is broken or in need of repair/maintenance, new surfacing in areas that are costly and time consuming to maintain as well as present a safety risk to children due to uneven and broken surface areas, and installation of new equipment that is better social, emotional, and physical needs of children in the program. This project is a shared space with Kitsap Childcare and Preschool which has 45% of its enrollees utilizing State or Military Subsidies, and Head Start/ECEAP which is 100% low/moderate income enrollees. Funded at $91,000 Kitsap Childcare and PreschoolLearning Through Active Play••• RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2018 CDBG/HOME Funding Recommendations for inclusion in the 2018 CDBG/HOME Action Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development Partnerships (HOME) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton 2018 Policy Plan citizen participation plan establishes a Project Review Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant Program and Kitsap County Housing and Homelessness Program for HOME and Homeless Housing Grant Programs, and had its own competitive CDBG RFP process which received four (4) capital applications, and two (2) job training applications, and all were forwarded to the Project Review Committee; and WHEREAS, the CDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, the City of Bremerton Block Grant staff on Friday, September 1st, 2017, posted the recommendations to the City of Bremertonand advertised in the Kitsap Sun a 30-day written public comment period commencing September 1st and concluding September 30, 2017; and WHEREAS, any comments received during the advertised public comment period have been provided to City Council for review; and 1 WHEREAS, the Department of Community Development CDBG/HOME staff presents the Project Review recommendations to the City Council for adoption; 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 Funding Recommendations attached hereto as Exhibit A will be incorporated into the 2018 Action Plan to be submitted to the Department of Housing and Urban Development for approval. 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. 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 2 Exhibit A Conditions of Recommendations LŅ ğƒƚǒƓƷ źƓĭƩĻğƭĻƭ Funding Contingencies Based on 400,000 CDBG AwardIf percentage of CDBG funding increases/decreases, both job training programs increase/decrease proportionate to their original requestUp to 15% of 2018 Award (assume at 400,000) = 60,000. ƚƩ ķĻĭƩĻğƭĻƭͲ Ʒŷźƭ ğƒƚǒƓƷ Ǟźƌƌ ǝğƩǤ͵ ЊЎі ƚŅ ğƌƌƚĭğƷźƚƓ Ǟźƌƌ ĬĻ ƒğźƓƷğźƓĻķ ŅƚƩ WƚĬ ƩğźƓźƓŭ͵ 32,500.0027,500.00 80,000.0060,000.00 Funding Recommend 77,000.0065,000.00 Funding Request ) Project HOPE Inc.CoderDojo 2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT REVIEW COMMITTEE RECOMMENDATIONS Subject to 15% Public Service Cap Administration(Public Service) Job Training Programs Applicant Administrative (20% of 400,000)1. Coffee Oasis2. New Life Community Development Agency TOTAL JOB TRAINING ( tƩƚĭĻƭƭ ŷğƭ ĬĻĻƓ ĭƚƒƦƌĻƷĻķΜ Condition: Limited to Target AreaConditions:1.) If project not successful in obtaining State Capital Budget appropriation or other confirmed funding of 250,000 or more, funding will not be released. $300,000 will be put in the 2019 CDBG allocation process that begins in June 2018. 2.) Prior to Award, the street must be successfully/officially reclassified to an arterial to ensure that the facility qualifies for future TIB funding. (3.) Following award, the City's PW's Dept. must conduct an open public process to gather community -wide input on the design prior to development of engineered plans. If CDBG Funding Increases, BE$T can increase up to 85,000 This award assumes an FY18 award to the City of Bremerton of $400,000. If the actual FY18 CDBG award is from $378,000 to $400,000, the KCR Weatherization award will be reduced equal to the proportion of the reduction of FY18 funding but not to be less than a preserved award minimum of $10,000. If the actual FY18 CDBG award is LESS than $378,000, further necessary reductions will be made from the Quincy Square funding. 65,000.0032,000.00 300,000.00 397,000.00 65,000.0032,000.00 300,000.00 BE$T (Business Education Support & TrainingWeatherization and Minor Home RepairQuincy Square Capital Projects 3. Kitsap Community Resources4. Kitsap Community Resources5. City of Bremerton Public Works TOTAL CAPITAL PROJECTS FROM 2018 AWARD & PRIOR ENTITLEMENTS PRC Recommends: Council consider a policy to replenish these funds from new taxes generated by re-development in downtown. 91,000.00 150,000.00246,651.00 241,000.00778,000.00246,651.00 90,933.00 400,000.00 Learning through Active PlayWeatherization and Minor Home Repair City-WideBuilt in Bremerton Capital Projects Funded with old loan payments City of Bremerton HOME Funds 6. Kitsap Childcare and Preschool7. Kitsap Community Resources TOTAL CAPITAL PROJECTS FROM OLD LOAN PAYMENTSTotal Projects Funded:Community Frameworks TOTAL CITY OF BREMERTON HOME FUNDS INFORMATIONONLYITEM CITY OFBREMERTON B3 CITYCOUNCIL SUBJECT:Tax&LicensingTransitionto StudySession Date: October11,2017 Department ofCommunity Development Presenter:J. Wischhoeffer Phone: (360)473-5298 SUMMARY: In March2017MayorLent’sadministrationpresentedto CityCouncilthepreliminarylayout forthe newandexistingspacesattheNormDicksGovernmentCenter.Thespaceplanaffordedusthe opportunitytoevaluatetheCity’sworkgroupsandhasmadeitpossibletoassembleteamsof differentaspectsoftheCity’soperationtoincreasecommunicationandthereforeprovidebetterand moreefficientpublicservice.DuringthatMarchCouncilbriefingit wasdiscussedthat theUtility BillingGroupwouldbelocatedonthefirstflooroftheGovernmentCenternearFinanceandTax& LicensingwouldbecomepartoftheDCDpermit center. Thepurposeofthisinformation-onlybriefingat CityCouncilisto providean updateonthetransition ofTax&LicensingtoDCD. Stepsthathavebeentaken(March2017to Present): TheFinanceDirector delegatedauthorityfortheTax&LicensingoperationtotheCommunity DevelopmentDirector inApril 2017 TheTax&Licensingstaffwerephysicallymovedinto the DCDspaceandallcustomersare nowassistedattheDCDpermit counter.SinceTax&LicensingwasmovedtoDCDwe’ve alreadyseenabenefit forourcustomers dueto increasedcommunicationandithasbeen much easier to assistour customersingettingsetupinnewfacilitieswiththeproperlicensing andapplicabledevelopmentpermitting. Upcomingimplementationmeasures(October 2017throughDecember2017): TheTax&Licensingbudgetwillbeshownaspart oftheDCDoperationin2018 TheBMCwillneedto beamendedtoofficially put Tax&Licensingunder theDCDumbrella. UpcomingStatelawaffectingTax&Licensing(Implementation2018): WashingtonStateLegislaturepassedEHB2005, whichbecameeffectiveJuly2017.Thebill seeksto improvethebusinessclimateinthestatebysimplifyingtheadministrationof municipalbusinesslicenses.Thelawrequirescitiesto partnerwitheither the StateBusiness LicenseSystem (BLS) orFileLocal.Duringtheinfo-onlybriefingstaffwilldescribethetwo programs, andthepreferencetopartner withFileLocaltomeet therequirementsofthenew law. Power Point Presentation HANDOUTS: STUDYSESSIONAGENDA: NoPresentation FullPresentation FormCreated5/4/15 Tax & License transition to DCD CITY COUNCILINFORMATION ONLY BRIEFING | OCTOBER 11, 2017 h Council briefing for work group consolidation with the – Tax & License staff were physically moved into DCD Finance Director delegated authority for Tax & License to -– -Present he permitting process. Beneficial to our customers for a “one stop” center.Communication has improved among staff and there is bettercoordination for new businesses setting up and going througt March 2017 purchase of new space in the NDGC buildingApril 2017 the Director of Community DevelopmentApril 2017 space and customers are now assisted at the DCD permit counter. Transition Measures Accomplished March 2017 The Tax & Licensing budget will be shown as part of the DCD operation in 2018.The BMC will need to be amended to officially put Tax & Licensing under DCD.BMC amendments may be necessary to help facilitate compliance with new state laws and online registration. Upcoming implementation steps October through December 2017 suits the needs of our at the Washington State FileLocal for several years stop” online portal. - State Business License System (BLS), orFileLocal New provisions for the simplification of municipal business licenses has been under discussion Legislature.EHB 2005, became effective July 2017Law requires cities to partner with one of two agencies to create a “oneThe two options are:The City has been evaluating the two systems for nearly 10 years.After extensive research, presentations from both agencies the Administration has determined that customers best. New State Law Affecting Tax & Licensing Implementation 2018 ) No cost to the City (business pays $11 renewal fee in addition to license fee)Cost savings to City for staff time, office supplies and postage costs for license renewalsAbility to capture new businesses for City licensing as they register for State licensingAbility to apply online State Business License System (BLS“Pros” ) city location - location. this information since the separate and no longer they comply with the annual ensure the issuance of Certificate of Occupancies. renewals to update our in Tax account and License would be certification. would no longer accept license applications from customerswould still be expected to collect delinquent license fees, but the would lose the ability to put license renewals on hold, as we BPD Business integratedCity City State would keep the penalty and interest collectedCity currently do with Taxi licensing to New licenses: BLS “will attempt to work with the local jurisdiction until all local approvals are in place prior to issuing the State license with endorsements, however, the State maintains the right to issue the license at any time at their discretion.”The City relies on annual addresses, which impacts Under this system we would no longer receive State does not require an update of their physical State Business License System (BLS“Cons” online. renew license licenses. This allows for one customer relationship and - filing. on - online. system. taxes for multiple cities file savings on having to develop our own online tax filing & Better product for our customers.It’s an integrated tool that allows our customers to ANDNo fee to customers who file a zero balance tax return Cost savings to City for staff time, office supplies and postage costs on businesses that opt out of paper City maintains control over issuance of continued great integration with our permitting process.Creates an online presence that the City doesn’t currently have. Cost payment Allows the city to maintain a oneallows us to assist them with new applications and renewals. FileLocal“Pros” , which is FileLocal under BLS. available not There is an annual fee for membership in anticipated to be reduced over time as more cities sign on with the organization. In 2016 it was estimated that this fee would be about $40,000 annually.In 2014 businesses were required to pay $4 per city renewal. They were also charged a 2% transaction fee for credit card payments (no charge for ACH withdrawal). Fees (subject to change, but here is historic data):Although the costs may seem high, the tool will reduce the manual processes that City staff currently do, and therefore paperwork will be reduced and staff can then focus on discovery which will potentially lead to increased revenues.Additional costs are also justified when considering that both the license and the business account taxes remain integrated, an option that is FileLocal“Cons” AGENDA BILL CITY OF BREMERTON B4 CITY COUNCIL SUBJECT: Resolution No. _____ adopting Study Session Date: September 27, 2017 Management Policies for the Restricted COUNCIL MEETING Date: October 4, 2017 Parking Zone Program in Section 10.10.040 Department: Financial Services of the Bremerton Municipal Code including Presenter: Shannon Corin new Commuter and Paid Parking Zones Phone: (360) 473-5323 SUMMARY: Based on the findings and recommendations of the Parking Study, Administration is recommending a Commuter Parking Permit Program for on-street parking. The resolution sets the policies for administering this program. This program balances the needs of both residential and commuters, while giving preference to residential parking. It meets two Council goals: Improve Intra-City Traffic Flow and Reduce Parking Congestion Secure Funding for Local Streets and Sidewalk Improvements ATTACHMENTS: Memo, Resolution No. ______ FISCAL IMPACTS (Include Budgeted Amount): The program is expected to increase revenues by $990,000 in the Parking Fund, $148,500 in the Street Fund (Parking Tax) and $594,000 transferred to Residential Street and Sidewalk Fund. Expenditures for the program would increase by $269,000. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _____ adopting management policies for the Restricted Parking Zone Program in Section 10.10.040 of the Bremerton Municipal Code including new Commuter and Paid Parking Zones. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 Memo To: Mayor Lent, City Council From: Jeff Arango, AICP - Framework Date: October 2, 2017 Re: Restricted Parking Zone Program Amendments Overview The City of Bremerton has an existing restricted parking zone (RPZ) program to minimize on-street parking impacts to residents and local businesses from employees and commuters. The current program provides permits to residents and business owners in the zone and limits the time for parking for non- permit holders. Time restrictions for non-permit holders vary, but are typically 1-2 hours. The recently completed parking study showed that there is high parking use by non-permitted vehicles and often in violation of the time restrictions. To address employee and commuter parking impacts the City is considering amending the program as outlined below. This memo provides an overview of current conditions and proposed changes to the RPZ program, a summary of the RPZ Program, an overview of best practices from other cities, and key considerations as the development of the revised program proceeds. A draft resolution is attached for consideration by the City Council and includes policy and management objectives for the revised program including additional public outreach as implementation occurs. Proposed Program Changes Restrict all zones to permit only parking as show in Figure 1, or as modified. Establish defined boundaries for each restricted parking zone with consistent parking regulations. Phase in the implementation of the individual parking zones with the allowance for non-resident employee/commuter permits as a trial program. Allow non-residents including employees/commuters to purchase permits when there is available capacity. Resident parking and parking for businesses within the parking zone will remain the highest priority. Establish a permit fee for employee/commuter permits and use a portion of the revenues to fund a parking benefit district for residential street improvements. Revenues above program administration costs will be placed in a residential street fund for neighborhood improvements. Projects may be prioritized for residential parking zones where the revenue is generated. Establish a low-income permit and eligibility criteria. Improve enforcement of the restricted parking program. October 4, 2017 | 1 Figure 1: Proposed Permit Only Parking Zone City of Bremerton, 2017; ESRI, 2017 Existing Restricted Parking Zone Program The City intends to amend the existing RPZ program through adoption of an ordinance amending Section 10.10.040 of the Bremerton Municipal Code (BMC). The following is a summary of existing An RPZ may be established by: Verified petition of property owners By the decision of the Director of Public Works and Utilities that the zone is in the best interest of the community By motion, resolution, or ordinance of the City Council Criteria for the establishment of an RPZ: There is an identifiable parking generator 75% or more of the parking spaces on the petitioning block are occupied at peak parking hours October 4, 2017 | 2 The conditions identified above exist on at least three contiguous blocks The proposed parking restriction time-period is appropriate The restriction being changed has been in effect for at least one year Permit Only Zones. New permit only zones are prohibited. Permit only zones in effect on January 1, 2013 are grandfathered, but may be deleted by petition or by the City Council at any time. Permit Eligibility Residents (2 per residence or up to 4 if capacity allows) A person who owns or leases commercial property and actively engages in business activity within the RPZ (2 per business or up to 4 if capacity allows) One visitor permit per residence or business Short-term service parking permits issued to landlords or contractors Director may establish policies for the issuance of parking permits and they may be issued throughout different times of the year based on zones or other criteria Time Restrictions One to four hours No more than five days in one location Best Practices Review The following are examples of other cities that have similar permit parking programs including providing permits for non-residential users. Palo Alto, CA The City of Palo Alto has a permit parking program in the neighborhoods surrounding the Downtown. The permit program is called the Residential Preferential Parking Program (RPPP). The program prioritizes residential parking, but also provides parking for businesses and commuters/employees. Commuter/employee permits may be assigned to any of the specific parking zones based on availability and the number of permits for commuters/employees may be reduced over time as residential demand increases (See Figure 2). Employees are not restricted to the zone in or near their place of employment. The permit fee for employee/commuter permits are approximately $60 per month with a low-income option for people earning $50k per year or less that costs $50 per six months. Residential permits are free for the first permit and $50 per six months for each additional permit up to a maximum of four. Daily permits are also available up to four per month. Two-hour parking is allowed for non-permit holders. October 4, 2017 | 3 Figure 2. RPP Zones Source: City of Palo Alto, 2017 October 4, 2017 | 4 Boulder, CO The City of Boulders permit program provides parking permits for residents, employees from local businesses, and commuters in defined parking zones. Residential permits cost $17 per year, business permits cost $75 per year, and commuter permits cost $100 per quarter and are subject to availability. Time limited parking is available for non-permit holders. Each resident is eligible for two permits for every vehicle registered in their name and businesses may purchase up to three permits with exceptions for larger businesses. Portland, OR The City of Portland has a permit parking called the Area Permit Parking Program (APPP) that provides permits for residents and employees. Permit caps and pricing vary by zone depending on overall parking demand and availability. Neighborhoods are empowered to determine parking management strategies (including permit eligibility) and pricing in their neighborhood through a supplemental plan developed in partnership with the Portland Bureau of Transportation (PBOT). Neighborhoods may elect to increase the price for permits in the zone in exchange for receiving a portion of the permit revenues for neighborhood improvements as part of a parking benefit district. The Portland program offers a lot of flexibility to adapt parking management strategies to the specific conditions of the neighborhood. Bremerton Employee/Commuter Permits Bremerton has very high parking demand in and around Downtown from downtown businesses, the WA State Ferry Terminal, and Naval Base Kitsap (NBK), and the Puget Sound Naval Shipyard. To minimize the impacts from spillover parking in residential neighborhoods the City established the RPZ Program. Data collected in residential neighborhoods near NBK and Olympic College as part of the Bremerton Parking Study showed high parking occupancy by non-resident vehicles with significant violations of the time limits for non-permit holders. Due to the large area of the restricted parking zones, and limited staff and technology resources, the City has a limited ability to enforce the restrictions to achieve compliance with the time restrictions. One of the strategies in the Bremerton Parking Study is to allow non-residents to purchase permits to park on residential blocks. Permit revenues above the cost of program administration would be invested back in the residential neighborhoods through a new residential street fund. YĻǤ 5ĻĭźƭźƚƓƭʹ For non-residential permits, who is eligible for permits and who has priority if permits are limited? Priority users may only be necessary if demand exceeds the parking supply and is more likely to be an issue during the early stages of the program when permits will be more limited. Permit eligibility and priorities may differ by zone. Options include: Permits are available to anyone Priority for people that work or go to school in Bremerton Commuters working outside of Bremerton are a lower priority People who work or go to school in Bremerton October 4, 2017 | 5 Permits not available to commuters working outside of Bremerton Priority for businesses within the restricted permit zone boundary Permit fees including low-income and carpool options. Implementing Restricted Parking Zones and Permit Only Parking Specific restricted parking zones will be established for smaller geographic areas within the permit only parking boundary in Figure 1. Existing parking regulations will remain in place until the restricted parking zone is established. The attached resolution addresses the following policy issues for management of the program and establishment of new parking zones: A summary of existing conditions and current parking conditions for the proposed zone. Parking data should be collected within the proposed parking boundary prior to implementation. An inventory of available parking within the proposed boundary, demand for residential permits, and an estimated availability of parking stalls for employee/commuter permits. Eligibility requirements for non-residential permit holders and any prioritization of users for non- residential permits The days and times that non-residential permits are valid. A summary of public outreach and level of public support for the restricted parking zone. Whether the establishment of the RPZ was initiated by the City Council or neighborhood petition. The recommendation of any City committees that were involved in the review of the proposal. If the zone is implemented on a trial basis the length of the trial. October 4, 2017 | 6 RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting management policies for the Restricted Parking Zone Program in Section 10.10.040 of the Bremerton Municipal Code including new Commuter and Paid Parking Zones. WHEREAS, the City of Bremerton has an existing Restricted Parking Zone (RPZ) program to address parking impacts in residential neighborhoods from non-resident parking demand; and WHEREAS, the City of Bremerton experiences very high demand for non- residential parking due to the proximity to major employers and parking generators such as Naval Base Kitsap, the Puget Sound Naval Shipyard, the Washington State Ferry Terminal, and Olympic College. Many of these facilities do not have enough on-site parking to accommodate demand; and WHEREAS, the City of Bremerton conducted public outreach as part of the Bremerton Parking Study and input received showed that non-residential parking impacts and parking enforcement in residential neighborhoods are major concerns for the public and particularly for residents; and WHEREAS, the City of Bremerton completed a parking study in 2017 that included data collection in residential neighborhoods that showed significant non-resident parking in residential neighborhoods with a high rate of parking violations. The study also showed that many people move their vehicles throughout the day in Downtown to avoid time limits, which takes up parking intended for Downtown customers; and WHEREAS, access to major employment centers is important for the local economy in the City of Bremerton. Available parking for customers in the Downtown is essential to support local businesses; and WHEREAS, one of the parking strategy options in the Bremerton Parking Study is to modify the RPZ program to allow non-residents to purchase permits and establish a parking benefit district where permit revenues above the costs of administration will be used to fund a residential street fund for neighborhood transportation improvements; and WHEREAS, travel and parking on residential streets from non-residential parking users increases the maintenance and capital costs due to increased use; and WHEREAS, the City of Bremerton desires to minimize spillover parking impacts, support the local economy, and improve access to local businesses and employers through a permit parking program including a reduced permit fee for low-income earners; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The restricted parking zones are intended to maintain a high-quality of life in residential neighborhoods by maintaining access to on-street parking for residents as the highest priority. Permits for local businesses within the parking zone should be the second highest priority. Parking for non-resident employees, and commuters should be accommodated when there is available parking through the issuance of permits and appropriate fees. Non- residential permits may be reduced over time as residential demand increases or the number of parking stalls decreases. If demand exceeds the number of permits available the City should maintain a waiting list. SECTION 2. Permit fees for residential permits and guest permits shall remain at no cost to residents. Permit fees for employees/commuters should be generally consistent with market rates to compensate for impacts on residential streets and neighborhoods. A low-income permit option should be provided. SECTION 3. Management policies should be consistent within each of the permit only parking zones, but may differ between zones based on the conditions within each zone including parking demand generators, location, number of parking stalls, and input from neighborhood stakeholders. SECTION 4. The City should engage stakeholders within the proposed permit only zones prior to the zones going into effect. The stakeholders should be provided the opportunity to give input on the management of the permit only zone including days and times regulations are in effect. Methods to engage the public may include an open house, online survey, focus groups, or other methods. SECTION 5. Prior to permit only zones going into effect the City should perform the following actions: Collect parking data in the proposed zone on a weekday for a minimum of 8 hours to understand parking occupancy and duration for both resident and non-resident vehicles. Conduct an inventory of available on-street parking stalls to be included in the permit program. Establish the zone boundary and determine the demand for permits from residents and businesses within the proposed zone. Determine the number of permits available for employees/commuters. Determine the time-period for the permit only zone if established on a trial basis. Establish permit rates for non-residents. Establish the parking regulations including the days and time the parking restrictions are in affect. Conduct an analysis of anticipated permit revenue and the portion that will be transferred to the residential street fund. Conduct a public hearing on the resolution to establish the proposed parking zone to receive input from the public and interested stakeholders. Consider input and recommendations from City boards and commissions as necessary. Include in the resolution that issuance of a permit is not a guarantee of available parking. Address any exemptions from the permit only regulations such as on streets with local businesses or public facilities such as parks. Exempt blocks should be identified on the parking zone map included in the resolution. Identify any eligibility areas that may be annexed to the district in the future due to spillover impacts from the permit only zone. SECTION 6. This Resolution is adopted and approved in accordance with all applicable notices and procedure requirements under all laws applicable to City, and with all applicable notice requirements. SECTION 7. 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 8. 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. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk AGENDA BILL CITY OF BREMERTON .Ў CITY COUNCIL SUBJECT: Ordinance No. _____ amending Study Session Date: September 27, 2017 Sections of Chapter 10.10 of the Bremerton COUNCIL MEETING Date: October 4, 2017 Municipal Code ; and Department: Financial Services Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: Administration is recommending changes to the Bremerton Municipal Code to incorporate Commuter Parking Zones and have the authority to issue Commuter Permits. This is the first step in establishing a Commuter Parking Program. The ordinance also expands the area for nuisance violators from parking in only the downtown core to all restricted parking zones in the City. This amendment has a housekeeping item as well. It moves on-street paid parking from BMC Title -of--establishes and updates current on-street paid parking zones. ATTACHMENTS: Ordinance No. ______ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ amending sections of Bremerton Municipal Code Chapter 10.10 ; and repealing - 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, repealing Chapter 11.15 of the Bremerton Municipal Code e and amending WHEREAS, the City Council desires to repeal Chapter 11.15 of the Bremerton and amend relating to restricted parking permits and restricted parking zones and other related amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 11.15 of the Bremerton Municipal Code entitled "On Street Paid Parking" is hereby repealed in its entirety. SECTION 2. Section 10.10.010 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: "Boat or vessel" means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle (trailered or nontrailered). "Block" means the area comprised of properties along each side of a street between two (2) intersections or an intersection and a road end. "BMC" means Bremerton Municipal Code. a prescribed area where on-street parking is authorized for commuters through issuance of a commuter parking permit. "City parking facility" means City owned or controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking. "Department" means the Department of Financial Services, unless another department is referenced. "Director" means Director of Financial Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced. "Downtown core" means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. "Motor vehicle" means any self-propelled vehicle such as a car, truck, van, motorcycle, or any other similar self-propelled vehicle. Page 1 of 8 Chapter 10.10 BMC Parking Permits "Paid parking zone" means the street, or part thereof, within the City where parking spaces are restricted to paid parking. "Parking generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and military installations. "Parking permit" means a permit issued by the City that exempts the permit holder, when displ parking zone. "Passenger load only zone" means a parking space reserved for passenger loading only. These spaces will be marked with the time restriction applicable to them. "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit. "RCW" means Revised Code of Washington. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or nontrailered). "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. "Residential area" means a contiguous area containing public rights-of-way or parts thereof primarily abutted by residential property or residential use. "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, permit only zones, commuter parking zones, passenger load only zones and other restricted parking areas or spaces both in residential and nonresidential areas. "Residential restricted parking zone" means a restricted parking zone in a residential area. "Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. "Trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights-of-way. "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone. Page 2 of 8 Chapter 10.10 BMC Parking Permits SECTION 3. Section 10.10.040 of the Bremer ton Municipal Code entitled "Residential Restricted Parking Zones" is hereby amended to read as follows: 10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES. (a) Creation. The creation, deletion or boundary changes or time change of residential restricted parking zones as defined in BMC 10.10.010 may be initiated either: (1) By a verified petition of property owners as provided for in subsection (b) of this section for either a one (1), two (2), three (3), or four (4) hour parking restriction time period; or (2) By the decision of the Director following a finding by the Director of Public Works and Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (3) By motion, resolution or ordinance of the City Council as deemed appropriate. The City Council may, at any time, create a residential restricted parking zone or it may delete, or change the boundary, change the time of, or modify a residential restricted parking zone created pursuant to subsections (a)(1) and (2) of this section. (b) Petitions. Property owners in a residential area as defined in BMC 10.10.010 may seek to create, delete or change the boundary of a residential restricted parking zone or to change a parking restriction time period to a new parking restriction time period that is authorized in subsection (a)(1) of this section by submitting a verified petition of at least two-thirds (2/3) of the property owners of each parcel of property located within the block indicating support for the change. Upon submittal of a verified petition, the Director of Public Works and Utilities must make a finding that: (1) There is an identifiable parking generator; (2) It appears that seventy-five percent (75%) or more of the parking spaces located on the petitioning block are being used at peak parking hours; (3) The conditions described in subsections (b)(1) and (2) of this subsection exist on at least three (3) contiguous blocks; (4) Whether the proposed parking restriction time period is appropriate; and (5) The parking restriction time period being changed has been in effect for at least one year. (c) Appeal. Appeals relating to the creation, deletion, boundary change or change of a parking restriction time period to a new parking restriction time period of a residential restricted parking zone may be made by a property owner within the designated permit area to the Municipal Court Hearing Examiner pursuant to BMC 10.10.140. The right to appeal exists only when such creation, deletion, boundary change or time change was completed under subsection decision. If such creation, deletion, boundary change or time change is subject to appeal, the City Clerk shall post notice in the particular residential area of the future location and boundaries of the proposed residential restricted parking zone and of the right of the property owner to appeal the designation within seven (7) working days. A timely appeal will stay the action until the Municipal Court He authorized to deny the creation, deletion, boundary change or time change if he/she determines that significant errors were made in the process that created a substantial likelihood that the creation, deletion, boundary or time change would have failed had proper procedures been Page 3 of 8 Chapter 10.10 BMC Parking Permits followed or if he/she determines that the creation, deletion or boundary change is not in the best interest of the community. The change shall be enforceable following the expiration of the appeal period or at such time as any appeal filed is denied. Until such time, the parking restriction previously in place, if any, shall continue. (d) Posting. (1) If the creation, deletion, boundary change or time change is subject to appeal under subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective at such time as notice is posted in the affected area of the location and boundaries of the residential restricted parking zone, and either: (i) The seven (7) working day appeal period has expired without an appeal being filed; or (ii) At such time as a decision of the Hearing Examiner is issued on an appeal filed under subsection (b) of this section. (2) If the creation, deletion, boundary change or time change is not subject to appeal under subsection (c) of this section, the creation, deletion, boundary change or time change shall become effective upon posting of applicable parking restriction signage in the residential restricted parking zone. (e) Permit Only Zone. Effective April 1, 2013, permit only zones cannot be created nor can their boundaries be changed by petition. Permit only zones in effect on January 1, 2013, are grandfathered and may remain in effect or be deleted by petition. The City Council may, at any time, create, delete or change the boundary of a permit only zone. SECTION 4. A new section, Section 10.10.045 entitled Other Restricted Parking Zones is hereby added to the Bremerton Municipal Code to read as follows: 10.10.045 OTHER RESTRICTED PARKING ZONES. (a) In addition to residential and nonresidential parking zones, restricted parking zones include: (1) Commuter Parking Zones. Commuter parking zones, as defined in BMC 10.10.010, may be established to allow for the issuance of commuter parking permits, pursuant to BMC 10.10.050(c), to individuals commuting into and out of the City for work and other related purposes. (2) Permit Only Zones. Permit parking zones, as defined in BMC 10.10.010, may be established to allow for parking permits where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity. (3) Paid Parking Zones. Paid parking zones, as defined in BMC 10.10.010, may be established to allow for parking permits where on-street parking spaces are restricted to paid parking. The following on-street paid parking zones are hereby established: th (i) 4 Street between Warren Avenue and Park Avenue; th (ii) 5 Street between Warren Avenue and Park Avenue; (iii) Warren Avenue south of Burwell Street; (iv) Chester Avenue south of Burwell Street beginning south of the Bremerton Police Department station; th (v) Angled parking north side of 4 Street adjacent to Kiwanis Park; Page 4 of 8 Chapter 10.10 BMC Parking Permits (b) Creation. The creation, deletion or boundary changes or time change of the restricted parking zones as set forth in subsection (a) above may be initiated either: (1) By the decision of the Director following a finding by the Director of Public Works and Utilities, or designee, that the change is in the best interest of the community and will improve the health, safety or welfare of the community; or (2) By motion, resolution or ordinance of the City Council as deemed appropriate. (c) The City Council may, at any time, create a restricted parking zone or it may delete, change the boundary, change the time of, or modify a restricted parking zone created pursuant to subsections (b)(1) and (2) of this section. (d) The restricted parking zones as set forth in subsection (a) above may be included within a residential or nonresidential restricted parking zone. SECTION 5. Section 10.10.050 of the Bremerton Municipal Code entitled "Parking Permits" is hereby amended to read as follows: 10.10.050 PARKING PERMITS. (a) Residential Parking Permits. Residential parking permits may be issued to park in a residential restricted parking zone for motor vehicles not exceeding twenty-two (22) feet in length or having a maximum gross vehicle weight in excess of ten thousand (10,000) pounds only upon application of the following persons: (1) A legal resident of the residential restricted parking zone who has a motor vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under his control. (2) A person who owns or leases commercial property and actively engages in business activity within a residential restricted parking zone. Permits will be issued for one (1) year terms and be renewed upon expiration conditioned upon meeting the residency requirements for a permit. There shall be a limit of two (2) residential parking permits issued per dwelling unit/business location, unless parking availability allows a greater number not to exceed four (4) permits per dwelling unit as determined by the Director in his or her sole discretion. (b) Visitor Parking Permits. Visitor parking permits are authorized for residents of a residential restricted parking zone for bona fide transient use for visitors to the residence. No dwelling unit or place of business located in a residential restricted parking zone shall be issued more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other similar visitors. The following is prohibited: (1) Parking in excess of seven (7) days within any thirty (30) day period unless approved administratively prior to such use; or (2) Parking more than one (1) block from the permitted residence, or (3) Use of permits shall only be used for visitor vehicles. (c) Commuter Parking Permits. Commuter parking permits may be issued by the City to individuals commuting into and out of the City for work and other related purposes that exempts the permit holder, when displayed properly, from the parking restrictions in effect in the Commuter parking permits may be issued to park in a Page 5 of 8 Chapter 10.10 BMC Parking Permits residential or nonresidential restricted parking zone for a period of time not to exceed twelve (12) hours per day. Permits will be issued monthly. (cd) Service Parking Permits. Service parking permits may be issued, on a short term temporary basis, for parking of vehicles on a street for a period of time exceeding a parking restriction time period established in BMC 10.10.030 and 10.10.040(a) when necessary. Service parking permits may be issued to landlords or their contractors for building improvements, individuals working in a home service industry (home health care, etc.), or for other short-term use for the providing of services to a residence or to a business in a residential restricted parking zone or a nonresidential restricted parking zone. Service parking permits, and any extensions thereto, shall be issued for a period not to exceed thirty (30) days unless the Director determines that a longer period is warranted. The City may require proof of ongoing continuous work and of a City business or landlord license, as applicable, as a condition to maintaining or extending a valid permit. (de) Display. Parking permits shall state thereon the particular restricted parking zone, the license number of the motor vehicle for which it is issued and the expiration date. Permits shall be displayed so as to be clearly visible through the rear window of the vehicle on the left side thereof or the front windshield on the left side when necessary. A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential parking area. (ef) The Director may establish policies for the issuance of parking permits. Parking permits may be issued throughout different times of the year based on zones or other criteria. (fg) Permits issued pursuant to this section are not subject to the parking restriction time periods such as one (1), two (2), three (3), or four (4) hour parking set forth in BMC 10.10.030 and 10.10.040(a), however, they are subject to the five (5) day parking restriction set forth in BMC 10.10.070(b)(1) unless otherwise permitted with a temporary parking permit pursuant to BMC 10.10.070(b)(4), or otherwise restricted. SECTION 6. Section 10.10.110 of the Bremerton Municipal Code entitled "Vehicle Impound Other Enforcement" is hereby amended to read as follows: 10.10.110 VEHICLE IMPOUND OTHER ENFORCEMENT. Any vehicle parked and/or used in violation of this chapter or any regulation or restriction established thereunder, or any other applicable provision of the Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance which may be summarily abated by the impounding and removal of the vehicle as follows: (a) Impound with Notice. As authorized pursuant to RCW 46.55.080(1), an unauthorized vehicle left within a street may be impounded under the direction of a police officer or parking enforcement officer after notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours prior to such impoundment pursuant to RCW 46.55.085 under the following circumstances: (1) Violations of Parking Code. When such vehicle is parked and/or used in violation of the provisions of this chapter or any other law, ordinance or regulation; or (2) Chronic Nuisance. A vehicle is hereby declared to be a chronic nuisance and subject to impound as provided herein when: (i) Outstanding Infractions. When a vehicle is parked on any street or City parking facility within the City and there are three (3) or more outstanding parking Page 6 of 8 Chapter 10.10 BMC Parking Permits infractions issued against the vehicle for each of which a person has failed to respond, failed to appear at a requested hearing, or failed to pay a parking infraction for at least forty-five (45) days from the date of the filing of the notice of infraction. (ii) Multiple Infractions. When a vehicle is parked on any street within the downtown coreany restricted zone as defined in BMC 10.10.010 and said vehicle has been issued six (6) or more parking infractions while parked on any street within the City, whether paid or unpaid, within the preceding ninety (90) days. Furthermore, such vehicle may not park on any street within the downtown core any restricted zone for a period of ninety (90) days from the date of issuance of the notice of impoundment. (b) Impound Without Notice. As authorized pursuant to RCW 46.55.080(1), a vehicle may be impounded under the direction of a police officer or parking enforcement officer, with or without citation and without giving prior notice to its owner as required in subsection (a) of this section, only under the following circumstances: (1) Public Safety. When a vehicle is unattended upon a street where the vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW 46.55.113; or (2) City Parking Facility. When an unauthorized vehicle is parked in a City owned or controlled parking facility which is properly posted with parking restrictions pursuant to RCW 46.55.070. (c) Other Impoundment. In addition to the impound provisions set forth in subsections (a) and (b) of this section and those penalties established pursuant to this chapter, a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a police officer pursuant to those requirements established in WAC 308-330-406 and other related sections of the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC. (See RCW 46.55.113) (d) Immobilization of Vehicle. In lieu of impoundment, a vehicle may be immobilized with a restraining device (i.e., boot). A vehicle that has been immobilized for forty- eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for public safety reasons as set forth is subsection (b)(1) of this section as determined by the police officer or parking enforcement officer. SECTION 7. 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 8. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2017. _________________________________ ERIC YOUNGER, Council President Page 7 of 8 Chapter 10.10 BMC Parking Permits 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. ________. Page 8 of 8 Chapter 10.10 BMC Parking Permits Permit Parking ProgramOctober 11, 2017 Bremerton Parking Study 2 Bremerton Parking Study Project Context High Parking Demand GeneratorsSupport Downtown through parkingmanagementMinimize impacts on residentialneighborhoods + prioritize residentparkingProvide access to jobs andemployment centersSupport neighborhoodimprovementsEncourage transportationalternatives Parking Challenges + Opportunities October 11, 2017 3 - Findings Bremerton Parking Study Data Collection in Residential Neighborhoods Many vehicles observed are registered to addresses outside the City of BremertonOnly 216 or 12% of vehicles observed are residential parking permit holders October 11, 2017 4 Bremerton Parking Study (Subject to Palo Alto, California permit holders - Priority #2 Priority #1 Six months for Phase I $60/Month – - Free – Permit st Residential Parking Employers/Employees Availability)Assigned to any zone based on availabilityMust work at a business registered in Palo Alto within the RPP AreaDaily and transferrable permits available1$50/Six Months for additional permits up to a maximum of 4$50/Six Months hour parking for non – Residential Preferred Parking Program (RPP)Employee Permits Residential Permits Low Income Permit (<$50k per Year)Two Program Phased In Employee/Employer permits may be reduced over time October 11, 2017 5 Neighborhood Parking Zones - - $75/year - Bremerton Parking Study Boulder, Colorado Priority #1 Priority #3 Priority #2 Residential Permits $17/year (two per registered vehicle)Business Permits (up to 3 permits, business must be in the zone)Commuter Permits $100/quarter (subject to availability) Neighborhood Parking Permit (NPP) ProgramTwo to three hour limits without a permit in most zones (One zone is permit only)Initiated by petition of neighborsPublic required prior to establishment of new zoneFinal decision by City Manager October 11, 2017 6 Bremerton Parking Study Portland, Oregon $60 per year option to increase price to - – Permit eligibilityPermit pricing support parking benefit districtSurcharge applies to residents and businesses Area Permit Parking Program (APPP)Parking management specific to each zone, based on supplemental plans by neighborhood/business associations and PBOTResidents and Businesses living and working in area eligible for permits depending on zone specific management plansBase Permit Price October 11, 2017 7 Permit Only Zone (DRAFT) ) Bremerton Parking Study ) Priority #2 Priority #1 Permit Program Implementation ) Low Income Permit FeeCarpool permit feeParks and Public FacilitiesCommercial Land Uses Priority #3 Public OutreachParking InventoryResidential Parking Demand Assessment (Local Business Permits (Determine the Number of Commuter/ Employee Permits (Establish Commuter Permit FeeMaintain Residential and Local Business Permit FeesExempt Blocks Residential Parking remains the Highest Priority Establish formal Restricted Parking Zones with uniform restrictions October 11, 2017 AGENDA BILL CITY OF BREMERTON B6 CITY COUNCIL SUBJECT: Ordinance No. _____ amending Study Session Date: October 11, 2017 BMC 3.50.050 to allocate stormwater fees or COUNCIL MEETING Date: October 18, 2017 taxes collected for street improvements Department: Finance & PW Presenter: DeWayne Pitts and Chal Martin Phone: (360) 473-5296 and (360) 473-5758 SUMMARY: The proposed ordinance amends Section 3.50.050 of the Bremerton Municipal Code elating to the assessments of the utility taxes for water, wastewater, and stormwater utilities in order to allocate stormwater fees or taxes collected to the Transportation Capital Fund for the purpose of funding street improvements within the City. ATTACHMENTS: 1) Ordinance No. ______ amending BMC Section 3.50.050 FISCAL IMPACTS (Include Budgeted Amount): This action will change 2018 estimated ending fund balances for the following funds: General Fund ($308,560) Transportation Capital Improvement $308,560 STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ amending Section 3.50.050 of the Bremerton Municipal Code relating to the utility taxes for stormwater utilities. 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 Section 3.50.050 of the Bremerton Municipal Code relating to the allocation of stormwater fees or taxes collected for street improvements. WHEREAS, the City Council desires to amend Section 3.50.050 of the Bremerton Municipal Code Tax to allocate a percentage of stormwater fees or taxes collected by the City to the Transportation Capital Fund for the purpose of funding street improvements within the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.50.050 of the Bremerton Municipal Code entitled 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in business within the City a fee or tax to be collected as follows: (a) Gas. Upon every person engaging in the business of transmitting, distributing or the selling of manufactured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to fifteen and one-half (15.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. Forty (40)Eighty (80) percent of the fee or tax collected under this subsection shall be allocated to the Transportation Capital Fund for street improvements. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as television cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. Page 1 of 3 City Ordinance Form Allocation of Stormwater Taxes Rev. 05/2017 for Street Improvements (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the City, a tax for the privilege of so doing business equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another communications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a communications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the applies. (ii) Roaming Phones. When the service is provided while a subscriber nating cell site of the call, or to the location of the main cellular switching office that switched the call. SECTION 2. 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 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. \[SIGNATURES ON NEXT PAGE\] Page 2 of 3 City Ordinance Form Allocation of Stormwater Taxes Rev. 05/2017 for Street Improvements 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\\Finance\\BMC 3.50.050 Stormwater Taxes.docx Page 3 of 3 City Ordinance Form Allocation of Stormwater Taxes Rev. 05/2017 for Street Improvements