HomeMy WebLinkAbout05/29/02 AGENDA FILE
MAY 29, 2002
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
1. PRE-,CC~.L,;NCIL STUDY SESSION: 5:00-5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - May 8, 2002 (#AB02-101)
B. Minutes of Meeting - May 15, 2002 (#AB02-102)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. AgreementBremerton NavalWi[h NavaIMuseumMemorial(#AB02_1Museum03) of the Pacific for Operation of the
B. Phase ~-f! Project Agreement between the City of Bremerton and the Kitsap County
Consolidated Housing Authority (#AB02-104)
9. PUBLIC HEARINGS - RESOLUTIONS & ORDINANCES
A. Resolution No. 2859, Authorizing Application for Funding Assistance for an Aquatics
Lands Enhancement Account Project to the Department of Natural Resources
(#AB02-105)
,, B. Ordinance No. 4805 (Second Reading), Amending Chapter 2.04 of the Bremerton
Municipal Code (BMC) relating to City Council Meetings and Removing Language
Relative to Publication of Council Salary Schedules (#AB02-100)
C. Ordinance (First Reading) Amending BMC Chapter 21.02 (Zoning Code) by
providing the regulatory measures allowing flexibility and design innovation with
regard to setbacks and landscaping requirements (#AB02-106)
D. Ordinance (First Reading) Regarding Animal Control Contract with Kitsap Humane
Society and Amending Title 7 of the Bremerton Municipal Code (#AB02-107)
10. EXECUTIVE SESSIONS
The Council will reconvene in the Conference Room for two "Executive Sessions" to
discuss "PENDING LITIGATION" per RCW Chapter 42.30.110(1 )(i); and to "REVIEW
LABOR NEGOTIATIONS" per RCW 42.30.140(4)(b)
11. ADJOURNMENT OF MEETING
E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us
Mayor Cary Bozeman
MAYOR'S REPORT
TO THE
CITY COUNCZL
May 29, 2002
Issues:
1. Bremerton awarded UPAR grant
2. Bremerton water and sewer rates
3. Bremerton top 10 sales tax payers
4. Fire Department's 100th anniversary
5. City supports Arts District flyer
6. Seattle Times & Olympia Olympian recognize
Bremerton's economic development
National Park Service Office of Communications
U.S. Department of the Interior 1849 C Street, N.W
Washington, DC 20240
202-208-6843 phone
202-219-0910 fax
National Park Se ice News Release
FOR IMMEDIATE RELEASE - May 28, 2002
GERRY GAUMER (202) 208-4989
WAYNE STRUM (202) 565-1129
NATIONAL PARK SERVICE ANNOUNCES
URBAN RECREATION GRANT AWARDS FOR $29 MILLION
(Washington, D.C.) -- National Park Service (NPS) Director Fran P. Mainella today announced $28,893,522 for Urban Park and
Recreation Recovery (UPARR) grants to 71 cities and urban counties in 30 states and the Commonwealth of Puerto Rico to help
rehabilitate critically needed public recreation facilities. The grants will provide capital funding to renovate or redesign existing
close-to-home recreation areas and facilities that are located in economically distressed urban areas.
"One of the objectives of the National Park Service is to achieve an outdoor recreation network, a seamless park system
accessible to all, through our partnerships with states and local communities," said Mainella. "Therefore it is particularly
pleasing to me to announce almost $29 million in UPARR grant awards which will provide much-needed funding to renovate
local community centers, swimming pools, playgrounds, basketball courts, ball fields and other recreational facilities to provide
safe, healthy and enjoyable recreation opportunities for neighborhood residents of all ages."
UPARR grants range fi-om 70 to 85 percent and are used to renovate existing recreation areas and facilities. This year's grant
projects highlight the importance of having safe and accessible neighborhood recreation facilities available for people of all ages.
Projects include the rehabilitation of fourteen central city neighborhood playgrounds in Fort Worth; the repair of six of the seven
wading pools in Milwaukee which are in danger of being closed; Peterson Playfield in Detroit will be restored to include ball
fields, tennis and basketball courts, restrooms, playscapes and picnic areas; 40-year old Henrietta Johnson Recreation Center in
Monroe, LA will be rehabilitated and the residents of a distressed, densely populated neighborhood in Oakland, CA, will benefit
from a new playground and basketball courts at Willow Park.
The N-PS received $28.9 million in appropriations for the UPARR program in FY 2002. A grant round was announced by
Director Mainella on December 19, 2001, and a Federal Register notice on January 8, 2002, provided information on eligibility
requirements and application procedures. Applications from eligible urban localities received by the March 29, 2002, deadline
were reviewed and evaluated by NPS officials. Final selections were recently approved by the NPS Director.
The UPARR program was established in November 1978 to provide matching grants and technical assistance to economically
distressed urban communities. The UPARR program provides direct Federal assistance to urban localities for rehabilitation of
critically needed recreation facilities. The law also encourages systematic local planning and commitment to continuing operation
and maintenance of recreation programs, sites, and facilities.
In addition to rehabilitation grants, innovation and planning grants have also been available through the UPARR program.
Innovation grants usually involve more modest amounts of funding aimed at supporting specific activities that either increase
recreation programs or improve the efficiency of the local government to operate existing programs. Planning grants provided
funds for the development of a Recovery Action Program plan. To be eligible for Rehabilitation or Innovation grants a
jurisdiction is required to maintain a current Recovery Action Program plan approved by the National Park Service. The
Recovery Action Plan serves both as a guide to local action planning and as a statement ora community's commitment to the
revitalization goals of the UPARR program.
Attached is a listing of the 2002 LrPARR grant offers by city and state that is also available at www.nps.gov/uparr2002.
Additional information on the UPARR program can be found on the National Park Service's website at www.nps.gov/uparr.
State Recipient UPARR Award
AL Huntsville $214,474.00
AR Little Rock $543,400.00
CA Concord $156,634.00
CA East Palo Alto $300,000.00
CA Fresno $285,073.00
CA Indio $42,500.00
CA Inglewood $89,250.00
CA Long Beach $907,675.00
CA Oakland $482,800.00
CA San Francisco $773,150.00
CA San Joaquin County $160,790.00
CA Stockton $1,000,000.00
CA Turlock $119,068.50
CO Denver $235,000.00
CT Bridgeport $348,993.00
CT New Britain $355,000.00
CT New Haven $365,000.00
FL Miami Beach $112,195.00
FL Tampa $994,980.00
GA Atlanta $826,000.00
IL Chicago $1,000,000.00
IN Fort Wayne $103,256.00
IN Indianapolis $507,500.00
KS Kansas City $238,875.00
KY Louisville $700,000.00
LA Monroe $501,496.00
MA Boston $1,000,000.00
MA Springfield $300,000.00
MD Baltimore $1,000,000.00
ME Lewiston $46,667.00
ME Portland $63,700.00
MI Detroit $950,000.00
MI Genesee County $206,774.00
MI Wayne County $121,968.00
MN Minneapolis $500,000.00
MO Kinloch $145,493.00
MO Saint Louis $531,300.00
NC Durham $300,000.00
NC Rocky Mount $54,670.00
NE Omaha $311,285.00
NJ Bayonne $136,000.00
NJ Camden $364,890.00
NJ Hoboken $50,606.00
NJ Newark $ t,000,000.00
NJ Perth Amboy $280,075.00
NJ Vineland $280,840.00
NV N. Las Vegas $70,000.00~
NY New York $1,000,000.00
NY Syracuse $280,000.00
OH CIncinnati $500,000.00
OH Cleveland $478,403.00
- more -
State Recipient UPARR Award
OH Columbus $1,000,000.00
OH Dayton $421,330.00
OH Lucas County $50,842.00
OH Toledo $231,476.00
OR Portland $525,000.00
PA Allentown $546,596.00
PA Harrisburg $82,611.00
PA Philadelphia $905,000.00
PA Reading $195,925.00
PR Guaynabo Municipality $153,475.00
SC Charleston $168,895.00
TX Beaumont $260,000.00
TX Fort Worth $1,000,000.00
TX Houston $800,000.00
TX Laredo $385,200.00
TX Pasadena $105,560.00
TX Pharr $180,000.00
WA Bremorton $182,7.80.00
WA Seattle $154,000.00
WI Milwaukee $209,552.00
Total $28,893,522.50
THE NATIONAL PARK SERVICE IS COMPOSED OF MORE THAN 20,000 RANGERS, BIOLOGISTS, HISTORIANS,
GEOLOGISTS AND OTHER PROFESSIONALS WHO CARE FOR AMERICA'S 385 NATIONAL PARKS AND OTHER
SPECIAL PLACES SO THAT EVERYONE TODAY AND IN THE FUTURE CAN EXPERIENCE AMERICA'S HISTORY
AND BEAUTY.
EXPERIENCE YOUR AMERICATM
The National Park Service cares for special places saved by the American people so that all may experience our heritage.
RESIDENTIAL UTILITY RATES
COMPARISON OF KITSAP COUNTY UTILITIES
MONTHLY CHARGES with 5.5 HCF CONSUMPTION
FIXED VOLUME TOTAL
WATER:
BREMERTON 2002 4.05 4.13 8.18
BREMERTON 2003 9.65
PORT ORCHARD 7.50 2.66 10.16
POULSBO 14.50 4.13 18.63
NORTH PERRY WATER DISTRICT 5.86 8.38 14.24
KITSAP COUNTY PUD # 1 14.85 4.29 19.14
SILVERDALE WATER DISTRICT 5.49 5.04 10.53
SEWER:
BREMERTON 2002 10.45 19.80 30.25
BREMERTON 2003 31.16
PORT ORCHARD ** 29.00 29.00
POULSBO 41.00 3.08 44.08
KITSAP COUNTY 43.35 - 43.35
**Includes $6 estimated monthly equivalent from ULID
Top 10 Sales Tax Payers - Period ending 05/2002
Parr Ford Inc.
PO Box 4700
Bremerton, WA 983122-0417
President, Rodney Parr
Heartland Toyota Co.
515 W. Hills Blvd.
Bremerton, WA 98312-4390
Owner, Charles Haselwood
General Manager, Rick Wiler
Lowes Home Improvement Warehouse, Inc.
c/o Lowes Pacific NW Regional Office
101 Andover Park E., Suite 200
Tukwila, WA 98188-2945
Robert Tillman, CEO
POBox 1111
N. Wilskboro, NC 28656
West Hills Honda
PO Box 4370
Bremerton, WA 98312-0370
Owner, Charles Haselwood
Owner, Jerry Powers
Today Chevrolet Company
900 W. Hills Blvd.
Bremerton, WA 98312-6300
Owner, Charles Haselwood
Bremerton Chrysler Plymouth Dodge
PO Box 4490
Bremerton, WA 98312-0389
Owner, Burton A. Pearce
Haselwood Buick-Pontiac Co.
501 W. Hills Blvd
Bremerton, WA 98312-4390
Owner, Charles Haselwood
Premier Chrysler Jeep
5011 Auto Center Blvd.
Bremerton, WA 98312-3345
Owner, Charles Haselwood
Thomas Motors, Inc.
5012 Auto Center Blvd.
Bremerton, WA 98312-3346
President, Aaron L. Capps
Parr Imports Inc.
PO Box 4670
Bremerton, WA 98312-0413
President, Rodney Parr
Other Honorable Mention:
Amolds, Inc
PO Box 790
Bremerton, WA 98337-0166
Owner/President Wendell Arnold
Parker Lumber Co., Inc.
PO Box 2108
Bremerton, Wa 98310-0245
Owner/President Rick Barnes
Dave Barcelons Truck Town LTD
4701 Auto Center Blvd.
Bremerton, WA 98312-3354
Owner, Dave Barcelon
RS OF SERVICE
erton Fire Department is to heighten the quality
a safe and efficient manner by the
manmade hazards,
:o citizens in need of emergency services.
IR E D EPARTMENT
BREMERTON FIRE DEPARTMENT'S
100Tu BIRTHDAY CELEBRATION
1st A panoramic photo of all personnel and equipment will be taken on June 3~ 2002 at the
Ev. ergreen Park at 09:00 hours, this will be on June 4th if it rains on the 3ra.
a) Any and all retired firefighters that have worked in Bremerton are invited.
b) Any and all persons owning our old equipment are also invited to be in the picture.
2na There will be a Fire Centennial Celebration and Fire Muster on Aug 31 - Sept. 1 from 09:00 to
16:00 hrs on and around the waterfront boardwalk in Bremerton.
a) Everyone is invited, those with old fire apparatus are encouraged to come and or participate or
just show their equipment or apparatus off.
b) There will also be a Blackberry Festival going on at the same time, so bring the entire family
and friends.
For information call; Scott Rappleye at 360-478-5384 or 876-8444 or Jimmy Hendryx at 360-478-5388.
The main fire station number is 360-478-5380 if you're having a difficult time contacting us. Please
come and celebrate with us and if you have any equipment and or apparatus, please bring it for all of us to
see. Thank You and hope to see you soon. Bremerton has a fully restored 1930 White.
The Aurora Valentinetti Puppet Museum
at 249 4'h Street . Bremerton, WA 98337 - (360) 373-2992
Board Members May 28, 2002
President Cary Bozeman, Mayor
Jocelyn Drigh'c City of Bremerton
239 Fourth Street [ .--~
Vice President Bremerton, WA ~t37 ,~.~
Dede Deckley
De~ ~yor Bo~:
Secre¢a~
Chris¢ine James ~ be~of The A~ora V~ent~etti ~p~t Mumm ~d Ev~een
C~&en's Themre, I ~h to t~ you for the enco~e~m ~ ~nd~
Treasurer suppo~ of the ~s Di~dct flyer designed by ~y Bmea.
~mbe~ B~ks, c.P~ T~ ~ a ~eat offe~g ~d contr~ution to the Breme~on Mven~ ~s~
~ cremed with such ~le ~d s~. Bre~on ~ lm~ to ~ve so~ one
Museum Curator such ~ ~y Mth ~eat ~ent ~d ~ermd~g of the com~W. ~ a
S~anlcy Hess fo~ generation B~offi~ she b~s to the project ~wl~ge ofo~ ~ea
~d its ~o~ t~t ~ ~ to ~ ~ ~yo~ wi~ such ~ver~ talents.
A~is¢ic Director
Craig Jacobrown For tho~ of us who Mve the pd~ege of working do~to~ t~ is the
e~le of the so~ of sup~, w~eh we ~ve ~en s~g, ~m t~ cky, the
Janet George C~r, ~d med~ for some t~e. I m de~ht~ ~t events ~e co~g
together where t~t so~ of cooperation ~d suppon ~ co~g fo~. The Ci~
Leonard Kruse ~d the Pa~ot ~e to ~ congrat~ for thek mderst~
Nancy Larson ~~-f~h'~-h3~tY~-~d~' ~6~e-lt ~p~m- Br~-menon's ~e
Cheil 0akley ~S~bf ~'~6~'g~i~ e~6~6rat~'-effo~'of sup~n~g one
Marcia Parker ~other.
Tony White
Rob Woutat Ag~ t~ you for ~ e~le ofyo~ suppo~ of the role, w~ch the
mme~ p~y ~ the presto ~d ~t~e of Breme~on's do,tom Re~m~.
Ex-officio
PauleCte Mentor S~cere~,
St~ey WI Hess
C~ator
~e A~om V~ent~e~i Puppet
-. c. Jocel~ Bright
Serving West Sound families with quality performances, education and museum experiences stnce 1993
W~DNESDAY, MAY 22, 20p2., THE SEATTLE TIMES OPINION
Bremerton's grand plan
t° revitalize its core
BY Mart ROSE~£aG destrian-oriented, landscaped promenade If all or most of this grand plan comes
Special to The Times will include shipyard historic displays and off, expect an invigorating .mix of new
T HE tenor sax player is in a crouch, extend from downtown's interior to the downtown shopping, entert,iinrnent, em-
his face turning red as he digs intowaterfront via Pacific Avenue, before ployers and residents, drawing visitors
a meaty solo. Crammed into an art swinging back around the ferry terminal from near and far. Like the jazz hounds
gallery, one of Seattle's leading jazz and into plazas connecting with the con-. from Los Angeles, Dallas, Bremerton,
groups has heads nodding and knees ference center complex. Port Orchard, Poulsbo and Tracyton en-
bouncing. You'd expect to be in Pioneer From there, the park will nm north- joying Megabopolis at Collective Visions
Square, maybe.Ba!lard or Madrona. But west with foot and bike paths parallel to Galle.~.
this happy respite from the humdrum the Port Washington Narrows, and across They applaud loudly as the band closes
featurhtg Megabopolis -- is part of a con-the Manette and Warren Avenue bridges its first set with a galloping take on the
cert series a ferrYride away from Seattle,for a large loop route hnking downtown to Sonny Rollins classic "Oleo," and emcee
m the struggling heart of Bremerton. several adjoining neighborhoods. Neigh- Alan Newberg steps forward. A painter
Despite mellifluous melodies and the borhoods such as East Park, across and and co-founder of the gallery cooperative,
development potential hinted at in its up the Narrows from downtown, where the Montana transplant is one of numer-
groovy tittle arts district, the mostly there's substantial private-sector inter: ous local artists who last fall supported
ghostly downtown is a downen Now, that est in constructing a $20-million mixed- the successful challenge to troubled two-
may'finally begin to-change, use development -- with housing on term incumbent Lynn Horton by "new-
Last i month, Opus Northwest and an old Navy site donated to the city. comeff' and former Bellevue Mayor Cary
LMN Architects were selected by the All these projects would be completed Bozeman.
city over four.~va! partnerships to designover the next five years with a capital in- Newberg observes later, "Cary said he
and ,bM ~ :.i/eW ;.gOunty-funded confer- fusion of roughly $141 million to $173 mil- was going to start making things tmppen,
ence'Cel{~ ~i~ $c/uare feet, and an lion, as much as $77 million of that from and things are happening. What we and
adjOiNi-ng~i~ed~'i.c~mplex to be fi- the private sector. Public-finance tools in- other arts galleries here have been doing
nanc~...~tl/~.Smillipn to $30 million in' elude land donations, bonds, excise-tax is laying the groundwork, trgin..' g to make
privatei!~v~.e~_tment2 ' reserves, sales-tax rebates, and other this an interesting place to'live."
m The_ blUeprint-is for 58 rental apart- city and county funds. Seven city or coun-Talking on a late Friday afternoon in
ents; !l),.000~.8qugr¢'feet'each of officety taxing bodies and the Navy are in: his sprawling.first-floor City Hall office,
and re~,~ ~th0nY'~ seafood restau- volved. Also included in the dollar total is Bozeman says, "There have been a lot of
rant,~l}~!.00-, r.OOm .h. qt. el, attractive linkage federal and state largesse that will be peopl~ living here a long time, who re-
tothe"-wa:.~ontonSindair Inlet, and a sought to further mitigate heavy down~.-~/nember when_Bremerton was a vibrant
550-spaceill!lflerground garage. ' town traffic flows to and from Seattle- ' city with a vibrant downtown. They want
.T!I_ ere!S mUcl~ mOre. If the Kitsap Bremerton car ferries. A key 0bjedtive is. that back, and I really believe we're going
County :!~onso!idated. Housing Author- to make things more pedestrian-friendly. ~ to make it happen."
ity's 'l~!a~ -fOr :a government` center toParking long has been a bugaboo. Bozeman's push to revitalize the cSty's
serve citY,.~tat~ and county workers goes Ferry commuters who cram their cars co~e accents "smart" urban growth over
:forwarflasnow~expected, the authority- into waterfront lots slated for develop- continued sPrawl; decent jobs for the eco-
would aim build up to 200 condominiums ment could end up joining many others nomically disadvantaged; and the integra-
on nearby land it receaifly bought. Then who already ride buses to the terminal, tion of arts. communities with 'local and
there~ the Port of Bremerton, porsulnga' They'd do this either from current re- regional economies. For many reasons,
rnu~meedefl, expansion of its downtown gional transit hubs, or perhaps new shut- the return on investment in dowry, town
~ Like'the conference center corn- ties from'peripheral lots near downtown. -Bremerton will. be impressive. "
plex,'~these~ .htter'.twro .projects would be Additional downtown investment may
.public~¥atepartoerships. include federal funding of a 1,000-space
~"A ~!ew. pt~blic-safety building is expect- garage for shipyard workers no longer al- Seatt/e wr/ter Matt
· ed, a!!d ~e city ~nd Navy are partnering lowed to parkon-site due to security con-. Rosenberg is a regular
.to btiil.d;~time Park.'It will provide a cerus. This would help free up the. .The Times'
crucial l~g:Sept211 security buffer to the jammed surface lots at downtown's.edge,
Puge(SoundNaval Shipyard; which pres- and provide additional general parking..
ently: .~..~ {!owntown streets. The pe- nights and weekends.
* jjoqa!N ,,'lu!od s~ql ~e gmq]Arm -~uo.Uao~uz~ s~! ptm u!dtmqO oq~ ol I~o!l.uo m. i~oq ~nb ~, p~ ~d p~ '~o~s snq '~oop
'~d ,,'~uoa~o~ax o~ jo ~dd~ 'os!qo~J e s~ po~e~odo ~q AI~[ XI~uo~o~ V '~o~o~d o~ o~ uo~
.,o~,~.,.mo ~o, 0s'~s ~ s! m~o~ oql pies JJOqO[N mfl s! ~od ~u~mdolo~op u mo~ ~uo -ne~sa~ s,Xuoqlw p~ slO~OH ~o~ ~luno9 d~sl~ o~ o~ slu~ma~md
Aepuj yapuaaaaA ~o~ua3 a~uo~a~oa aql gu~op all e ~o aao~ st uone~ods~a& 'uoB o~ ~aAo uo!H[m PIS lnoqe
a'z~s o~z~ ~'[~ 0~'zzs ~z'ca -~o '~alea~ e -- sasn pa~ ~oj ~ p~ eld~io ~ lua~a~o9 alels 'plus '~sodozd e ap~m o~,, 'pe~sou~a
~ ~ ~ ~ ~ ~ ,~0~ ~ ~ -~oddo ~ Xlm~Jap s,aaa~,, -- sqot pal~la~-]ua~aao~ ~q ua ul~oqa!N ~ ~a~d'op~eaS ~ ~8 ,sndo p~s ,,,'s~ p~ s~ p~
-llO~ se lua~ -A[~ ~Iag~I a~ sa~ouoaa ~o~ lsa~l-p~105 ~ ~J ~al~3 s~l ~ aolua3 aauaaa~o3
~8 i~e;ou pa~saoons ala ~a~ e aq plno~ 2ulsnoH .~!d~lo p~ uo~o~aaff uaa~aq -~ uosaad-~ a~ qaa[oxd uo~am o~, 5{¢s ia~ ~aq~ asea * %1I.
L~-~i Jolo~iOfiulla~ 6~-~t ~Ol~p3S~aNautluo~laq°ll~e!lnr aoua~o~o~eld~io~uoll ~a~o~ozd~a~sap!saff ~o~a~de~ /oma3 o~ua~o~o~ a~ ~ pa~nb
moo'mdmXloaql~n~qae~ ,~m-~ ~i0-~ ~d 'luam a~I lsom Xlqeqo~d'eapt mle~ u! 2u!pi!nq sal~lsnpuI ~ aoqe~ ,,'~olmop
muo~ ioJeo ,9~-~1 gu.s~a~v teldsj0 -UIOAO~ OlelS al a~om ~alea plno~ e ~ 1I 'pros ~oqmN ,,'a~u~omoad looj-a~nbs-000'00~ oql s~ lsa~ ~ ~aluao aaua~a~oa e ~q ~O
aaa, Xpor uoou o~.~.e 00:e ~e~m~ ~I aa~ds oa~o p~s pulsa~fl aql uaa~aq aq ~ s~ls a~,, -~ ~ pa~a~enbp~aq 'sndO -dns p~ uolle~lCal jo poau
, . Alal~adsap ~ ~ m p~
~0~g-~z ~allm~uoo~opp~v esn 9NISg~flV -ae ~ ~d P~ lalOq '~aluaa jo auo a~ luo~al~ aO ol aalua~ ,,'almouag ~. ssamsnq. 1~ papnIouo~ p~oq Q~d a~,,
moo'~ld~loaql~qallaq° I~em-] ~0~-~l ~ol]P3 ~au~snB~fi~las~qo a~ua~a~o~ eol pmealpap soJ~e o~l~a~oo 1~ ~s~daa~S mlxa aq3 leql ~1 sa[gs pasea~o *mo uo~uo~ama~fl'pua a~ uI
· gV~-~SZ Jol~0 fiu~s!Pa*P~ 9~'~gZ ol.p~ uo~asm~a~semo~ suqo ~'[ oas al sl~ ~o~ a~ 'sa~e ~ 'p~s ~oqa!N ,,~q~ -~ p~ anua.a~ ~d ~ dn 1! 'P~q~O ~Od puc oFpaoAUS
E~-~z Jol!p~ aNln~xfl ~p~9'~l Jalap36uB~ punos qmosgeu epep~ :a~l qanm s~ la~ ppn8 jo looj aq~ 'sasn pa~eqs a~ 'a~aq~,, ao!* 'u!dne~ [I1~ P!es ,,'/auom ~aop ~aj uoaa~aa~
moo'u%dmAi0aql~a~m I~m*3 0~-~Z ]o~P3 flu~fieue~plaga~ ~af 'plus pelsa~fl 'Xmouoaa ~ ~ al a~oo ~ so.raJ al~ -uoo ~e~ s~ naa Qo1 ~ auoX~ aa -uoo ac p~q dlaq ~ le~ spuoq
LaZing ~ m0o'~ld~i0aqmma~u!~mq I~m-3 -:aaa p~ P~I oiqe~le ']ua~a -dos s,:aluao aS p~s p~sa~8 aoXem aC st~ aS jo auo,, u! uo[II~ 6'95 jjo Xed al pasn
90a0*Z~ :aqs!lqn~ p~ luap~SOJd aoa0*~ ~ -*off al~ls ~ aoj dn sa~m ~[ ~ 'saouds ~a~s o1~ pap~ aq ~a '~aa oq ~ Xauom ~e~ jo qon~ 's~aX
S~N -doad ~d~IO jo ~od a~ ~ ~sa~m 'saaols g~oI~ p~ a~a ossaadsa 'pazm aq -~ad F0 o*!aaaa ~ Q~d
· s,~ ~n ua uoou -~ ~oqs a~q ~I P~ sndo ~ fl~npu! 'sxa~aJ jo ~ e aq ~ fl~q poo~ pio a~'~ls .~:ap~mo~ a~ ~unoD uo~s~
Jalojdm~ ~u~oddo lenb3 m s! ~!dmAlO a41 ~q ~NlSp Jol 'm~ 00:0 L ~q ~ ~'~gZ I~3 'Jaded Jno~
00 g Ol'm~ 00 9 lePPd*t~puon mnoq ssmsn8 93UaI0~o3 e apnIa~ ua ~:0~ '00g'I$ -ua* aC aaaq~ P~I Pa~O-~!a a~ -~ej ~i[qnd e pamaoj ~unoD
~¥~; ;~: ;:,: :;?, N0a~n0UD -ua~ ~auom p~ ~aa~ ~ uo!~d ' ,,3o paau ~ a~ ~o~a s~!o a~ mU ~a~aq'~Id 00Z pa~s
-xa uo~ 965 a~ pa~o~dde ~a a~ ~a~ ~o~op ~apeo~q jo pems~ 009 o~ 00g 'sa~ds ~ 'a~ds
p~ e:[~eS S~aN geu~9 'SSmd pale{aess~ eql Zq ~es s~ uetdmXlO eqi '~eppd-Zepuo~ "m'd 00:5 qOA ualuaD uoBua*uoD a~ods a~ a~os ~ 1! ':aluaa a3ua:a~o~ -~d Ja~aj ~eq p~s uoLxas pue a3UJo p~ 'l~nelsaJ 'sluam
o~ 'm~ oo:s ~ ~noq ss~u~sn~ 'y~ 'a[dm~lO la p~ed aS~sod s~po~ad 'Z0988 V~ 'e!d~o 'Z0~ xo~ a~ JO uo~a a~ ~oj ~e~luo~ ~ m uog~pe ~ '~o%, 'p~s '~uom g~es sn~ 'aiqe~ ~al~ -~de 'i~oq ~ ~oj uo~ 9g$ dn
'OU ssmppe 5U.l.e~'90~88 uo~6u,qse~'md~lO ~N qS e~a8 [[['u.!dm~oa~toao~oeqlmmt a~ pap~e se~&puaoa~ uolxas ,,'a3[~as pooj paau noA oql ~oIaq ~u[ofl p[o*e 01 s:oou 1nd ~'~so~oN sndo ~adoI~*
~epunspue~lleppaqs{iqndsl)ededs~ausuoll~o{iqndp~eJepa~e'(g~Z-gVZONSSI ~{d~lOe~ 'a~q3]EH3~ ~/~]HOD anua~a~o3 ~oA IoJ ~ol aa~ol~ojmo~aeqpaF~sse~ -op Xq pal ':ol~as ale~[~d
68'ON - Z L [ 'lOA g00g 'Sg Ae~ ~ Jaluaa a3ualo~o3 ~ p~ '-~D -ep~m s! l~me3saJ e fl~neH,, 1I 'spuoq anuaAa~ ~ :oj p~d oq 'uoge~od
uogua~o3 ~mS ~ uo~ ~ aql ~.au luoxj~ale~ s,~[dmAIO lsom a~ s! 'uo[~ ~I$ lnoqe le -~ slue~ pue aalua3
· pFs u01xaS s!q 'Ho]/o~o/~ ~ luama~ue~e a~ sapnp~ ls~ 13a[o2d s,~1 s~Hoq]~ aql p~s pelsa~ ualuo3 a~ ~ aoeds o~q plnom ]~q] ~1 saI~s alels
,,'ama3 al saea~ :oj alqe!~ ~IIe3 oql a~ ln8 ualuo3 aaua~a~oo 'Q~d e jo uo!l~oJ ,,'1~ sd[aq oamuaa Ialoq a~ p~ a3~o jo laaJ a~nbs 000'0g Adn~ jo uo~od em~ amoa ~Aauom
-~mouova p~ lasse ~n~o~ uo~0~$~oJ~Idupomog~q a~saa~Id~qp~o~oq~aso~ '~o~aa~omo~o~paaup~ -oo ~0uage a~'osN'uo~ a~ 'pu~I p~ ~auom u~ uo~
e aq I~ ~ auo -- apm~m Xpeaa~ oqax '~a~q~ p~Q ~a ~sa~dmo~a~l~nb~o~ ~e~ o~ ~ naA,, 'pies uo~as ~$ muoo~ o~ A~ua~ ~s~ a~
~ jo loa[o~d ~ q~dmoooe al o~ -doia~p a~odS ~u]pnio~ '[[o~ qaam ~o~npo~ ~ aoj s~vU ,,~ a~ ~ aa~ ~,uop a~,, ~oj ~ a~ pa~o[~ '~d p~ '~unoD d~s~ pu~
-pd-ogqnd ~ o~ paau no~, s~ smep~pu~ ~a~o ~u~ p~o~ XI -jo ~oD uo~s~ p~ ~d~[O 'uo~amaa~ ao~as pooj ~n[~ 'aa~ua~ a~
AGENDA BILL
BP, EMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: g^Y 29, 2002
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING- g^¥ 8, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: gAY 21, 2002
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
ENT)ORSEMENT [~ INFORMATION [~] APPROVED FOR SUqBMITTAL BY
C O b.~],C IL PRESIDENT:
MAYOR:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PUELED [-q TABLED [-] APPROVED ~ DISAPPROVED ~ AMENDED ~ DATE:
COUNCIL DIRECTIVE:
9. I~MPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING. BUDGETS FACILITIES. E UIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPE #1832 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
May 8, 2002
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 8, 2002, at 5:30 P.M., with Council
President Carol Arends presiding. Council members present were Mike Shod, Eric Younger, Mike
Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council Members Wayne Olsen and Will
Maupin were absent. Also present were City Attorney Roger Lubovich; Acting Deputy City Clerk Rich
Hanna, and Council Liaison Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Pastor Rick Bodrie of Calvary Chapel of Bremerton.
President Arends made the following announcements:
(1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference
Room to discuss general Council business from 5:00-5:30 P.M.
CONSENT AGENDA
A. Minutes of Meeting - April 17, 2002 (#AB02-086)
#0025 M/S/C/U (McConnell/Rollman) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing
that had been made available to the Council.
#0055 M/S/C (Younger/Shod) On May 8, 2002 Council approved for payment those vouchers included
and further described as follows: Check numbers 270767, and 270780 - 270911 in the amount of
$152,34@.95; and Regular Payroll in the amount of $1,046,125.66 for the period ending April 30, 2002.
Voted in favor of this Motion: Nygren, Rollman, Shepherd, Younger, Short, and Arends
Voted opposed to this Motion: McConnell
Motion carried: 6-Yes; 1-No
COUNCIL MEMBER REPORTS
Mike Short reported on his attendance at the Kitsap Regional Coordinating Council (KRCC) Policy
Board meeting; and the second of three Countywide Parks, Recreation, & Open Space Policy-making
meeting to prioritize regional projects. He encouraged citizens to participate in the upcoming forum.
Eric Youncler discussed his attendance at the "Anderson Cove Revival" last night, and indicated the
possibility for a future Study Session to designate Anderson Cove an Urban Renewal area. He also
announced the return of "World Changers" July 29~h through August 2nd, where 250 kids from all over the
United States will pay their way to come to Bremerton to provide new roofs, gutters, and outside paint to
approx. 25 qualifying homes. Interested homeowners may apply with the City of Bremerton through May
31, 2002, or contact Marylyn Waibel for additional information at 478-5375.
Mike Shepherd reported on the District 5 neighborhood meeting held last month; congratulated Angela
Wood, City Planning Commission member, on earning a Design Certificate; and expressed his
appreciation for the "thank you" letter he recently received from a constituent.
Ed Rollman attended a very moving memorial service sponsored by the Kitsap County Coroner Office
to lie to rest the remains of 37 unidentified persons. He urged any member of the public to contact the
Coroner's office if they would like to inquire about a missing person or relative.
TAPE #1832
City Council Reg. Mtg. Minutes
May 8, 2002
Page 2 of 5
Daren N¥_qren discussed a "Walk to Prevent Suicide" sponsored by the Kitsap Suicide Prevention Task
Force on Saturday, at 10:00 A.M.; and announced the next District #3 neighborhood meeting on
Tuesday, May 14, 2002 at the Manette Senior Center from 7:00 to 8:30 P.M. to discuss Transportation.
Carol Arends reported her attendance at the KRCC Policy Board meeting; the Kitsap Board of Health
meeting; the PUD meeting; and her planned attendance at the PRSC Executive Board meeting
tomorrow. In addition, she announced there would be a "School Terrorism Training Event", a
collaborative training exercise involving a simulation of school terrorism at the Bremerton High School on
Friday, May 10 between the hours of 12:00 to 2:30 P.M. It was also noted that this event would require
traffic revisions and road closures in the area the day of the event, affecting roads from 11th Street to 17th
Street, and from High Avenue to Lincoln Avenue. If more information is required, please contact the
Kitsap County Department of Emergency Management at 616-5870; the Bremerton Police Department
at 478-5231 or 478-5220; or the Bremerton School District at 478-5116.
MAYOR'S REPORT
In the absence of the Mayor, Sherril Huff-Menees read the following Proclamations:
· May 16 through Memorial Day, 2002 was proclaimed as "Poppy Day"; and
· The Month of May 2002 was proclaimed as "Mental Health Month", which was accepted by H.
Emily Moshay, Kitsap Mental Health Board member.
PUBLIC RECOGNITION
H. Emily Mosha¥ commended the Admiral Theater for organizing the "Admiral Theater's 60th
Anniversary Celebration" last evening, which she thoroughly enjoyed.
Hillary Eichler and Jesie Bulyar invited the public to attend the "17th Annual Children's Arts Festival" at
Olympic College this Saturday, May 11, 2002 from 10:00 A.M. to 2:00 P.M.
Del Knauss submitted a letter into the record directed to the Mayor and City Council, seeking answers
to questions he has regarding several various issues.
8A - BUDGET ADJUSTMENT NO. 2002-06 TO RENEW CITY'S ABATEMENT LINE OF CREDIT
(#AB02-087}: City Treasurer Rich Hanna, announced that this budget adjustment provides expenditure
authority for the renewal of the City's abatement line of credit (LOC) and for the current abatement
actions at Arsenal Way and at Pennsylvania Avenue. At the conclusion of these abatement actions,
liens will be filed on the abatement properties. Monies obtained from enforcement of those liens will
repay the funds drawn on the LOC.
Mr. M¢Connell questioned if abatement actions were always funded from a line-of-credit. Rich Hanna
explained that there is a City policy, which determines abatement actions that are eligible for line-of-
credit financing, but noted that there must be a "reasonable expectation that enforcement of the lien
following the abatement would be adequate to repay any funds borrowed".
#0825 M/S/C/U (McConnell/Rollman) Move to approve Budget Adjustment Request 2002-06.
8B - BID AWARD FOR LIONS PARK TENNIS COURT RECONSTRUCTION (#AB02-088): Jim
Spencer, Director of Parks & Recreation, summarized that the 2001 earthquake caused damage to the
Lions Park Tennis Court to the point that the courts are unplayable. Since then, the City has been
working with FEMA to get this damage repaired.
q-
TAPE #1832
City Council Reg. Mtg. Minutes
May 8, 2002
Page 3 of 5
Bids were opened on Monday, March 25, 2002, for the reconstruction of the four tennis courts at Lions
Park. Three bids were received, and the Iow bidder was Flag Construction of Kent, WA. The lump sum
bid amount was $109,967.00. The total contract amount, including Washington State Sales Tax, is
$119,314.00. This project was budgeted in Fund 112 (Parks Development) for fiscal year 2002 for
$250,000. FEMA will reimburse the City for this contract.
There were no comments from the public.
#0905 M/S/C/U (Short/Younger) Move to approve the Iow bid of Flag Construction, in the amount of
$119,314.00, including Washington State Sales Tax, and authorize the Mayor to execute the contract for
the reconstruction of Lions Park tennis courts, subject to City administrative policies and procedures.
8C -WB-3 PUMP STATION UPGRADE PUMPNFD EQUIPMENT PURCHASE (#AB02-089): John
Popl~e, Wastewater Treatment Plant Manager, stated that this equipment purchase is for the
improvements to wastewater pump station WB-3 as required by the City's Combined Sewer Overflow
Reduction Plan. Specifications and design documents were prepared and competitive bids were
received for pre-purchase of this equipment. Pre-purchase is required to meet the schedule for
construction of the improvements currently in design. Bids were opened April 15, 2002 with one bidder
providing a complete equipment package per specifications for a total of $533,603.00, including
Washington State sales tax. Discussion with the design engineer confirmed the bid price is reasonable
based on the specifications. It is recommended that the City Council approve the award of the contract
with Harbor Pacific Contractors, Inc. for the WB-3 PS Upgrade - Pump/VFD Equipment Purchase as
defined in the bid document in the amount of $533,603.00, including Washington State sales tax.
There were no comments from the public.
#1015 M/S/C/U (Shepherd/Nygren) Move to approve the award of the contract with Harbor Pacific
Contractors, Inc. for the WB-3 Upgrade PumpNFD Equipment Purchase as defined in the bid document
in the amount of $553,603.00 including Washington State Sales Tax, and authorize the Mayor to
execute the same.
8D - CONSTRUCTION CONTRACT AWARD TO STAN PALMER CONSTRUCTION FOR CALLOW
PRIORITY 5 CSO REDUCTION (#AB02-090): Thomas Knucke¥, Utilities Engineer, pointed out that
the Callow Priority 5 project is the finat project in the Callow Basin CSO reduction effort. Bids were
opened on April 19, 2002. There were two bids received for this project. Stan Palmer Construction was
lowest responsive bidder with a bid of $3,066,885.50. The Engineer's estimate for the project was a
range of $2.8 to $3.3 million. This project is funded in part by the EPA Grant and required EPA
approval of the Iow bidder prior to contract award. EPA approval is anticipated by May 23. The
requested action before the City Council is to approve award of the Callow Priority 5 CSO Reduction
construction contract with Stan Palmer Construction contingent upon EPA approval. The Council was
assured that the Department has worked very hard to minimize the impact to the area during
construction; and provided a phone number (478-5270) to address concerns of businesses or residents
who are affected by the construction.
There were no comments from the public.
#1285 M/S/C/U (Younger/Short) Move to approve award of the Callow Priority 5 CSO Reduction
contract to Stan Palmer Construction, contingent upon EPA approval, for the amount of $3,066,885.50
and authorize the Mayor to execute the same.
TAPE #1832
City Council Reg. Mtg. Minutes
May 8, 2002
Page 4 of 5
9A - PUBLIC HEARING AND RESOLUTION NO. 2858, REGARDING RECOVERY OF FEES FOR
THE ABATEMENT OF GARBAGE AND DEBRIS ON THE PROPERTY LOCATED AT 927 HIGHLAND
AVENUE (#AB02-081): Janet Lunceford, Building Inspector, summarized that on March 18, 2002,
Public Works removed furniture, garbage, and a collapsed stairway from the property located at 927
Highland Avenue after the owners, Linda Lobdell Tissell, John Gray, and Jerry Bopp, failed to do so as
ordered. It was indicated that the legal requirements for notice were met, and the cost of the action,
including administrative fees, totaled $926.76. Council must now decide if the fees are just and
reasonable, and how those fees should be collected.
There were no comments from the public.
#1410 M/S/C/U (Rollman/Younger) Move to pass Resolution No. 2858, ordering that the fees in the
amount of $926.76 incurred for the abatement of garbage, furniture, and a collapsed stairway located at
927 Highland Avenue be collected as reasonable abatement costs and become a lien against the
property.
9B - PUBLIC HEARING AND ORDINANCE NO. 4799 (SECOND READING) AMENDING
BREMERTON MUNICIPAL CODE CHAPTER 21.02 (ZONING CODE) REGARDING PL02-001 FOR
COMPATIBLE RESIDENTIAL INFILL DEVELOPMENT AND FRONT YARD SETBACKS (#AB02-083):
The first reading of this ordinance was heard on April 24, 2002.
Helen Miller read from a written statement, which she provided to each of the Council members,
opposing proposed Ordinance Nos. 4799 and 4800, and inferring that "...all direction will come from a
non-elected official in the Building & Planning Departmen¢'. Mr. Sherwood questioned whom Helen
Miller was referring to in her statement, but a "point ofordeF was called, and the question was not
answered.
#1740 M/S/C/U (McConnell/Younger) Move to continue this item for one week to May 15, 2002.
9C- PUBLIC HEARING AND ORDINANCE NO. 4800 (SECOND READING) AMENDING
BREMERTON MUNICIPAL CODE CHAPTER 21.02 (ZONING CODE) REGARDING PL02-003
ALLOWING FLEXIBILITY AND INNOVATIVE DESIGN PURSUANT TO A "PLAN-IN-LIEU" (#AB02-
084): The first reading of this ordinance was heard at the Council meeting on April 24, 2002.
There were no comments from the public.
#1780 M/S/C/U (McConnell/Younger) Move to continue this item for one week to May 15, 2002.
9D - PUBLIC HEARING AND ORDINANCE NO. 4801 (SECOND READING) AMENDING
BREMERTON MUNICIPAL CODE CHAPTER 2.04 RELATING TO CITY COUNCIL MEETINGS AND
PUBLICATION OF COUNCIL SALARY SCHEDULES (#AB02-085): The first reading of this ordinance
was heard at the Council meeting on April 24, 2002.
Del Knauss stated that he fought hard to have the section listing items that are to be included in a
"regular business meeting" made a part of the ordinance, and advocated that they remain in the
ordinance. He asked the Council to reconsider this change to the Bremerton Municipal Code. H. Emily
Moshay and Helen Miller provided further comments in agreement with the request of Mr. Knauss.
Roger Lubovich provided further clarification on the intent for the proposed action.
Daren Nygren concurred that more study was needed on this issue, and Mike Shepherd agreed.
#2080 M/S/C (Nygren/Shepherd) Move to table this item to allow further discussion.
TAPE #1832
City Council Reg. Mtg. Minutes
May 8, 2002
Page 5 of 5
Voted in favor of this Motion: Shepherd, Younger, Short, and Nygren
Voted opposed to this Motion: McConnell, Rollman, and Arends
Motion carried: 4-Yes; and 3oNo
9E - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING "2002 RATE TABLES"
FOR PARK AND RECREATION, AND ADMINISTRATIVE SERVICES DEPARTMENTS (#AB02-092):
Jim Spencer, Director of Parks & Recreation, stated that the "2002 Rate Tables" for user fees need to
be amended to reflect changes in Administrative Services fees for copies and Parks & Recreation user
fees.
There were no comments from the public.
Mr. N¥gren questioned if additional study would be done on cemetery fees.
#2320 M/S/C/U (Short/McConnell) Move to approve ordinance amending 2002 Rate Tables for Parks &
Recreation, and Administrative Services on first reading.
With no further business, the Council meeting was adjourned at 6:45 P.M.
Prepared and Submitted by:
LORI SMITH
Council Liaison
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDAOF: tqA¥ 25, 2002
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING - tqAY 15, 2002 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBPvlITTED: gAY 21, 2002
2. CLEARANCES: (Co111122e1'11 011back if necessary) 3. EXHIBITS:
ENDORSEMENT {~ INFORMATION [] APPROVED FOR SUBMITTAL. BY
C OU'blf.,C IL PRESIDENT:
MAYOR: /~;~ ~ f ./~-&e - · ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATION:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [] TABLED ~-~ APPROVED ~ DISAPPROVED ~ AMENDED ~ DATE:
COUNCIL DIRECTIVE:
$. XGEND.X BILL NO · 02- I OoD.,
9. IMPACT OF NON-PASSAGE:
10. I. MPACT ON STAFFING, BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES_:
11. RESEARCH SOURCES:
TAPE #1833 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
May 15, 2002
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 15, 2002, at 5:30 P.M., with
Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric
Younger, Mike Shepherd, Daren Nygren, and Cecil McConnell. Council Members Wayne Olsen and Ed
Rollman were absent. Aisc present were City Attorney Roger Lubovich; Deputy City Clerk Paula
Johnston; and Council Liaison Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Pastor Ro~Ter Hennigan of Apostolic Life Tabernacle Church.
President Arends made the following announcements:
(1) The regular Pre-Council Session, which was open to the public, was held in the Council Conference
Room to discuss general Council business from 5:00-5:30 P.M.;
(2) Item 9(B) was pulled from the Agenda tonight; and
(3) There will be a Study Session immediately following the Council Meeting to discuss "UTILITY RATES".
CONSENT AGENDA
A. Minutes of Meeting - April 24, 2002 (#AB02-093)
B. Minutes of Meeting - May 1, 2002 (#AB02-094)
C. Budget Adjustment No. 2002-11 for Fund 451 - Residential Disconnection Assistance Program
(#AB02-095)
#0035 M/S/C/U (McConnell/Younger) Move to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing
that had been made available to the Council.
#0060 M/S/C (Younger/Maupin) On May 15, 2002, the Council does approve for payment those
vouchers included and further described as follows: Check numbers 270927, 270928, and 270962
through 2711 '19 in the amount of $320,173.45.
Voted in favor of this Motion: Nygren, Shepherd, Younger, Maupin, Shod, and Arends
Voted opposed to this Motion: McConnell
Motion carried: 6-Yes; and l-No
COUNCIL MEMBER REPORTS
Daren N¥.qren thanked all of the residents who attended the District #3 Neighborhood meeting last
night, and thanked all of the presenters from the Washington State Ferry System and Kitsap Transit for
their interesting and informative presentations.
Mike Shepherd announced the upcoming World Changers event from July 29~h to August 2n~ that will
include volunteer renovation of 25 homes in the Bremerton area. For more information, people may
contact Marilyn Waibel of the Planning Department at 478-5375.
Will Maupin commented on his attendance at Conference for the Police & Firefighters Pension Fund in
Lake Chelan; and added that the next District 8 & 9 Meeting would be held on Thursday, May 23rd with
Mayor Bozeman available to provide an update on the projects proceeding in the downtown area.
/0
TAPE #1833
City Council Reg. Mtg. Minutes
May 15, 2002
Page 2 of 4
Mike Short reported that on May 9th he attended the Peninsula Regional Transportation Planning
Organization Meeting to address traffic corridor issues; on May 10th he was present for the anti-terrorism
drill at Bremerton High School, and commended the school administration, students, and emergency
agencies involved in this drill; and lastly, he reiterated that the next District 8 & 9 Meeting would be held
tomorrow from 6:30 to 8:00 P.M. at the Oyster Bay Facilities Complex with Mayor Bozeman as speaker.
Carol Arends reported on her attendance at the recent PSRC Transportation Policy Board meeting in
Seattle last Thursday; and commented on her attendance at the District 3 neighborhood meeting where
discussion also centered on transportation issues.
MAYOR'S REPORT
· Commended Paula Johnston for her work as Bremerton's Deputy City Clerk;
· Pointed out that downtown projects will eventually produce revenue via taxes;
· Has asked Seattle Mayor Greg Nickels to partner with Bremerton on improving ferry service;
· Stated that Congressman Norm Dicks is supportive of increasing financial backing for the
construction of a parking garage for shipyard workers to ease downtown parking congestion;
· Hopes to hold a downtown walking tour with Senator Maria Cantwell and Congressman Norm Dicks;
· Read from a report provided on Anderson Cove and emphasized that there is potential for revival;
· Will be presenting a request for placing a Fire Bond Levy on the ballot so the Fire Department could
consider replacement of the 10-year old fire engines and to improve the condition of fire stations; and
· Commented on the recent release of a report of his first 180 days in office as Mayor for Bremerton.
PUBLIC RECOGNITION
Larry Dickerson questioned the total cost to the City to change the City's management style; and
questioned the City Council's responsibility and role in these changes.
Del Knauss submitted a letter with questions regarding the mid-year Council member pay increase.
Don Larson reiterated his plea for more trees in Bremerton.
8A - PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. I WITH BUCKLEY & LEADERS,
COUNSELORS AT LAW (#AB02-096): City Attorney Roger Lubovich, announced Ronald Leaders of
the law firm BUCKLEY & LEADERS is currently representing the City of Bremerton in two proceedings
regarding Pape & Sons Construction, Inc. The Professional Services Agreement between the City and
BUCKLEY & LEADERS will expire on December 31, 2002. However, the compensation for attorney fees
under the contract is limited to $19,500, and current services will exceed this amount. It is in the best
interest of the City that BUCKLEY & LEADERS continue to represent the City in these lawsuits and other
matters as assigned because of their expertise and familiarity with the particular case issues. Therefore,
approval of the Professional Services Agreement Amendment No. 1 to authorize compensation for 2002
at the hourly rate of $195 is requested. Additionally, Mr. Lubovich informed the Council that he soon
plans to provide a complete layout detailing all outside legal counsel expenses.
Helen Miller asked how much the City is currently paying for outside legal counsel, and if there was a
limit on how much the City could pay for outside legal expenses. Mr. Lubovich explained that he is
currently researching this issue, but confirmed that his Department is still paying a lot of old legal bills.
/f
TAPE #1833
City Council Reg. Mtg. Minutes
May 15, 2002
Page 3 of 4
Mr. Shepherd asked if the Legal Department expected to spend another $20,000? Mr. Lubovich
explained that he is unable to answer that question due to two cases still in litigation, but that it was
"likely" that this amount would be reached by the end of the year.
#1225 M/S/C/U (McConnell/Short) Move to authorize the City Attorney to execute the attached
Professional Services Agreement Amendment No. 1 between the City and BUCKLEY & LEADERS.
9A - PUBLIC HEARING AND ORDINANCE NO. 4799 (SECOND READING) AMENDING
BREMERTON MUNICIPAL CODE CHAPTER 21.02 (ZONING CODE) REGARDING PL02-001 FOR
COMPATIBLE RESIDENTIAL INFILL DEVELOPMENT AND FRONT YARD SETBACKS (#AB02-083):
The first reading of this ordinance was heard at the Council meeting on April 24, 2002; and was
continued from May 8, 2002.
Chris Hugo, Director of Community Development, noted several minor, non-substantive changes made
to the ordinance at the request of the City Council.
There were no comments from the public.
#1710 M/S/C/U (Shepherd/Shod) Move to pass Ordinance No. 4799 as amended on second reading.
C~[:2 DIIr]'I If'~ t.l~A[:)lklF~- AkIKNi (NDI'NlklAklt'''r- /c2r-d"q't~klrN Dr"Al"~lkld"~-X Alkjlr'klitlkld~- DD~'I~.qr"DTd'Nkl
I~ffl IIklI/'~IDAI f'~f'trtl:: f~UADTf-D ")4 1'1'~ I~'/"tkllkl/~- /~tr'~f'% Df"f~-ADr~IkI~- rtl ft"~_(l~'2 A1 I ~'ttAIIklf~-
[::1 r"VIQII lTV AKllt IKIKIf't%IATIA./C itr';If~-kl Ol ID~I IAKIT T('t A ';[21 AKI_IKI_I Ir'l I' I'HAQft'f)_ftg4~,,
This/tern was puffed from the Agenda.
9C - PUBLIC HEARING AND ORDINANCE NO. 480:3 (SECOND READING) AMENDING "2002 RATE
TABLES" FOR PARKS & RECREATION, AND ADMINISTRATIVE SERVICES DEPARTMENTS
(#AB02-092): The first read/rig of th/s ordinance was heard at the Council meet/rig on May 8, 2002.
There were no comments from the public.
#1755 M/S/C/U (Shepherd/Nygren) Move to pass Ordinance No. 4803 on second reading.
9D - PUBLIC HEARING AND ORDINANCE (FIRST READING) TO ADD CHAPTER 1.06 TO THE
BREMERTON MUNICIPAL CODE RELATING TO PUBLIC RECORD INDEXES AND RECORDS
REQUESTS UNDER THE PUBLIC DISCLOSURE ACT (#AB02-097): City Attorney Roger Lubovich
pointed out that the City is currently out of compliance with RCW 42.17.260 (3) - the statute which
requires the City to keep an index of all of the City's public documents. Complying with this requirement
would require the City to expend an exorbitant amount of staff time, perhaps even requiring the City to
hire additional staff. The City can issue an order, pursuant to RCW 42.17.260 (4), declaring the
requirement to maintain the index too burdensome. It is recommended that the City Council approve the
attached order declaring compliance with ROW 42.17260 (3) to be overly burdensome and requiring the
City to make for inspection and/or copying all non-exempt public records, including any indexes that are
maintained by the City pursuant to the Public Disclosure Act, RCW Chapter 42.17.
There were no comments from the public.
Mr. McConnell asked if staff had checked with other cities to see what types of action could be taken.
TAPE #1833
City Council Reg. Mtg. Minutes
May 15, 2002
Page 4 of 4
Mr, Lubovich responded that although no one considered other cities prior to this proposal, the main
issue that was considered was the prohibitive cost of constructing an initial index. He clarified that in time
when an index may be in place, updating that index or providing that information to the public would not
be a problem. Currently, if a citizen requests information, that information is located on a subject basis
and an index is not used for reference. Again, setting up the index in the first place would be time-
consuming and costly. Mr. Maupin pointed out that the index would probably not help in the search for
a document unless the document were cross-referenced with similar subjects and a system would have
to be in place so the index would be updated in order to keep the index useful. Ms. Johnston
emphasized that city records are electronically archived but it will be at least 10 years before the City is
able to be online. Mr. N¥.qren supported the citizen's right to information and stated however, that this
issue constitutes an unfunded mandate,
#2180 M/S/C/U (Nygren/Maupin) Move to approve the attached ordinance on first reading.
9E - PUBLIC HEARING AND ORDINANCE (FIRST READING) AMENDING ORDINANCE NO. 4798
TO MAKE TECHNICAL AND TYPOGRAPHICAL CORRECTIONS (#AB02-098): City Attorney Roger
Lubovich stated that on April 24, 2002, the City Council passed Ordinance No. 4798 amending and
updating the Administrative Hearing Examiner process contained within the Bremerton Municipal Code.
Minor technical and typographical corrections are required to Ordinance No. 4798, therefore, the
attached ordinance makes those necessary corrections.
There were no comments from the public.
#2275 M/S/C/U (Younger/Short) Move to approve the attached ordinance on first reading.
With no further business, the regular Council meeting was adjourned at 6:40 P.M. The Council
reconvened in the Council Conference Room to hold a Study Session on "UTILITY RATES" immediately
following the Council Meeting.
Prepared and Submitted by:
LORI SMITH
Council Liaison
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
c: Normal Distribution
File
/$
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT: A~min Services
Agreement ORIGINATOR: K. McCluskey
Naval Memorial Museum of the DATE SUBMITTED: 4/30/02
Pacific
2. CLEARANCES: 3. EXHIBITS:
Attorney j~ Agreement
Fiscal & Budg~~
Operations
4. S~Y STATEMENT ~D REQUIREMENT FOR CO,OIL ACTION:
The city has contracted for many years with the "Naval Memorial Museum of
the Pacific", a non-profit organization, to manage and operate the
Bremerton Naval Museum. The Muse~ artifacts are on loan to the City from
the US Navy. The museum is operated by an all volunteer staff. They
will move to their interim location in the ~y Burnett Gallery June 1,
2002 pending a move to Building 50 in the Maritime Park within the next
two years. The muse~ receives revenue from donations and sale of items
in the gift shop. The non-profit organization pays the rent for their
space and the city is obligated for pa~ent of water, sewer, gas and
electricity which is estimated to cost approximately $500 per month. The
volunteers keep the museum open all year - seven days a week during the
su~er and five days a week the rest of the year. The City receives a
tremendous amount of value from this contractual relationship.
8. RECO~ENDAT ION:
Motion to approve operating agreement with the Naval Memorial Museum of
the Pacific for the period 1/102 through 12/31/08.
9. RESPONSIBLE OFFICIAL: A~in. Services
ENFORCEMENT OFFICIAL: A~in. Services
EXPIATION DATE: 12/04
REVIEW DATE: 06/04
!0. NOTICE OF ACTION
BULLED TABLED APPROVED OI SAPPROVED ~END
COUNCIL DIRECTIVE:
DaZe:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.) :
5. IMPACT ON NON-PASSAGE:
The museum would be unable to operate
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
The payment for overhead is funded.
7. RESEAP. CH SOURCES:
te e torl 'fflaua[ useu
130 WASHINGTON AVE.
bREMERTON, WASHINGTON 98337
TELEPHONE - 360-479-7447
2002 BOARD OF DIRECTORS
Lyle Nelson President
621 Shore Drive
Bremerton, WA 98310
PH 377-9278
Kira Khadem Vice President
6950 SE Mile Hill Rd.
Port Orchard, WA 98366
PH 871-4956
Charleen Zettl Recording Secretary
1311Marlow $A4
Bremerton, WA 98310
PH 479-2367
Deborah Franz-Anderson
1199 Irish Court
Port Orchard, WA 98367
PH w-476-2544 h-695-3805
Lester Lewis
3303 Matthews Drive, NW
Bremerton, WA 98312
Fredi Perry
1824 So Marine Drive
Bremerton, WA 98312
PH 377-0647
CITY OF BREMERTON
NAVAL MUSEUM AGREEMENT
COMES NOW the CITY OF BREMERTON, a Washington municipal corporation,
(hereinafter called "City") and the NAVAL MEMORIAL MUSEUM OF THE PACIFIC, a
Washington non-profit corporation, (hereinafter called "NMMP") dba BREMERTON NAVAL
MUSEUM, who recite and agree as follows:
L RECITALS
A. The NAVAL MEMORIAL MUSEUM OF THE PACIFIC has, with the cooperation of
the City of Bremerton, maintained the BREMERTON NAVAL MUSEUM for many years.
B. The City has the possessory interest in certain models of naval ships and other items
related to the United States Navy through an agreement with the United States Navy.
C. The relationship between the CITY OF BREMERTON and the BREMERTON NAVAL
MUSEUM has changed whereby the Museum is taking a more active role in fundraising and
supporting its own activities.
D. Both the BREMERTON NAVAL MUSEUM and the CITY OF BREMERTON desire
the maintenance and continued operation of a naval museum in the City of Bremerton;
NOW, THEREFORE, for and inconsideration of the mutual benefit to be derived her&rom,
the adequacy of which is acknowledged by each party's authorized agent affixing his or her
signature hereto, the parties now agree and contract as follows:
1I. AGREEMENTS
1. Possessory Interest in Items. The possessory interest of the City in the items listed on
Schedule A and any other artifacts not listed but located at the Bremerton Naval Museum shall
remain in full force and effect, subject to its agreement with the United States Navy and this
Agreement. The NMMP shall do nothing to impair the City's agreement with the United States
Navy.
2. Possession. So long as this Agreement remains in effect and the City is entitled to its
possessory interest through its agreement with the United States Navy, the NMMP shall be
entitled to display the museum artifacts. Provided, however, the NMMP may, at any time return
any or all of said items to the City in as good condition and repair as when the same were given
to the NMMP. NMMP shall not assign, sell, transfer or otherwise convey, nor shall it loan to
any person, the said items without the City's prior written approval.
3. Operation of the Museum. The City shall pay for water, sewer, gas and electricity as
provided in the lease agreement between the NMMP and Amy Burnett dated April ~, 2002.
NAVAL MUSEUM AGREEMENT - Page I
t7
NMMP shall be responsible for rent as further provided in the lease between Burnett and NMMP
dated April c[ ,2002. It shall be NMMP's responsibility to operate the museum at its sole
cost and expense including, but not limited to, staffing and personnel requirements. NMMP will
provide for an Assignment of Funds to cover the payment of rent for the full term of this
agreement. The form of the assignment to be approved by the City Attorney. NMMP shall
maintain regular hours and days of operation which shall be upon mutual agreement with the
City.
4. Insurance and Hold Harmless. The City shall maintain property insurance covering the
museum artifacts. Prior to and during the performance of the work covered by this A~eement,
NMMP shall provide the Risk Manager for the City with evidence that it has obtained and
maintains in full force and effect during the term of this Agreement comprehensive general
liability insurance coverage of at least $500,000 per occurrence and standard form property
insurance on all other contents of the museum excluding the artifacts. The City shall be named
as additional insured. The Risk Manager shall be provided thirty (30) days written notice of any
cancellation of said insurance.
NMMP agrees to defend, indemnify and save harmless the City, its appointed and elected
officers and employees, from and against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of actions, claims or lawsuits for
damages resulting from personal or bodily injury, including death at any time resulting
therefrom, sustained or alleged to have been sustained by any person or persons and on account
of damage to property, arising or alleged to have risen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of NMMP, its subcontractors, agents, volunteers,
successors or assigns. This provision shall be inapplicable to the extent City is judicially found
solely negligent for such damage or injury.
5. Reports and Information. NMMP, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and
obligations incurred or to be incurred in the connection therewith, and any other matters covered
by this Agreement. NMMP will maintain accounting records in accordance with generally
accepted accounting principles and practices to substantiate all invoiced amounts. Revenue and
expenditure reports and verification of bank accounts shall be required quarterly.
6. Joint Committee. NMMP and the City agree that they will create a joint liaison
committee to plan the future of the Naval Museum and in particular, to make arrangements
regarding its ultimate relocation from its current site.
7. Termination. Upon NMMP's closing of the museum to the public, except in the normal
course of its operation of the museum, or violation of any terms of this Agreement this
Agreement shall be immediately terminated and all items subject to this Agreement shall be
returned to the City.
NAVAL MUSEUM AGREEMENT - Page 2
8. Binding Effects. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
9. Notices. Notices shall be given as follows:
City Clerk Naval Memorial Museum of the Pacific
239 Fourth Street 402 Pacific Avenue
Bremerton, WA 98337 Bremerton, WA 98337
10. Term. This Agreement is for a term of three (3) years from January 1, 2002 and will
expire on December 31, 2004 unless extended by mutual written agreement of the parties.
NAVAL MEMORIAL MUSEUM OF THE PACIFIC
By:
Date
CITY OF BREMERTON
By:
Cary Bozeman, Mayor
DEPARTMENTAL APPROVAL:
KATHLEEN McCLUSKEY
Administrative Services Director
APPROVED AS TO FORM:
ROGER LUBOVICH
City Attorney
NAVAL M1. !S EUN [ AGRE EM ENT ~ Page .3
Iq
LEASE AGREEMENT
THIS AGREEMENT is made this __ day of ,2002 by and between
EARLE SANDE and AMY BURNETT, (hereinafter referred to as Lessor), and NAVAL
MEMORIAL MUSEUM OF THE PACIFIC, a Washington non-profit corporation,
(hereinafter referred to as "Lessee").
WITNESSETH:
1. Premises. The Lessor is the legal owner of the following described real property situated
in the County of Kitsap, State of Washington to-wit:
402 Pacific Avenue, Bremerton Washington.
2. Use of Premises. The premises are approximately 8,000 square feet on three floors as
shown in Attachment "A". Lessee shall have the use and occupancy of the Premises for the
purpose of displaying museum artifacts for public viewing, offices, gift shop and storage of
artifacts.
3. Term. Commencing June 1, 2002, the property is rented to the Lessee for two (2) years
(24 months) as long as Lessee abides by all terms and conditions set forth herein. Upon request
of Lessee the lease will be extended for six months following the expiration of the two year term.
Any extension after 30 months shall be on a month to month basis.
4. Rent. Monthly rent shall be One Thousand Five Hundred Dollars ($1,500.00) for the
first 24 months of the lease. Monthly rent for months 25 through 30 shall be at market rate
comparable for like facilities, but not to exceed a 50% increase over the prior rental amount. Any
extension after 30 months shall be on a month to month basis and negotiable between the parties.
Rent is due and payable not later than the l0th day of the following month. A $500.00
refundable deposit is due upon occupancy.
5. Tenant Responsibility. Tenant agrees to abide by all codes and licensing requirements;
maintain safe and sanitary conditions; remove from premises food, spoilage and trash
immediately after use; turn off floor fans and/or space heaters at night; provide proof of
insurance; be responsible for window glass repair or replacement in areas rented by Lessee; be
responsible to roll in awnings at night; keep sidewalk in front of leased space free of debris; pay
one-half of building gas, power, water and sewage which City has agreed to be responsible for
under a separate agreement with the Naval Memorial Museum of the Pacific; bring any
remodeling to a finished stage.
6. Landlord Responsibility. Landlord agrees to pay all property taxes, maintain building
insurance, maintain building structure and roof, allow remodeling upon request, bill monthly for
one-half of building gas, power, water and sewage, provide one small outside trashcan and pick
up.
,2.0
7. Use and Care of Premises.
a. General Condition: The premises used by Lessee shall at all times be kept in a neat,
clean, safe and sanitary condition, except when affected by mutual conditions beyond Lessee's
control and kept and used in accordance with the laws of the State of Washington.
b. Maintenance - Repairs: The premises have been inspected by both parties and are
accepted by Lessee in their existing condition as of the commencement date of this lease, without
reservation.
c. Alterations: The Lessee shall not make, or cause to be made, any structural
alteration, addition or improvement on said Premises without the written consent of the Lessor to
such work, which consent will not be unreasonably withheld.
8. Limitation on Use/Purpose. Notwithstanding any other provisions herein, the Lessee
shall not enter into any sublease of the premises or any portion thereof or any assignment of any
interest in this agreement, whether long or short term in nature, or engage in any activity with
respect to or on the premises other than the express use(s) and purpose(s) stipulated herein,
without obtaining prior written authorization therefore from the Lessor.
9. Notices. All notices to be given by either of the parties hereto to the other party shall be
in writing and may either be delivered personally or may be deposited in the United States Mail,
postage prepaid, as either certified or regular mail, addressed to:
Lessor: Lessee:
Amy Burnett Naval Memorial Museum
402 Pacific Ave. of the Pacific
Bremerton, WA 98337 402 Pacific
Bremerton, WA. 983373
or to such other respective addresses as either party may from time to time designate in writing.
Notices sent by mail shall be deemed to have been given when properly mailed; the postmark
affixed by the United States Post Office shall be conclusive evidence of the date of mailing.
10. Amendments. The parties hereto expressly reserve the right to renegotiate the
provisions hereof, from time to time as may be necessary and to amend this lease accordingly;
provided, however, that no alteration or modification of the terms or conditions hereof shall be
valid and binding unless made in writing and signed by the authorized representatives of the
parties hereto.
11. Termination.
a. "Termination" means at such time as the lease is not extended for an additional period
of time.
b. In the event that the Lessee defaults in the performance of any terms, provisions,
covenants and agreements on the Lessee's part to be kept, observed and performed, and such
defauk is not corrected within thirty (30) days after the receipt of notice thereof from the Lessor,
or if the Lessee shall abandon, desert, vacate or remove from the premises; or if the Lessee shall
file a petition in bankruptcy; or if the Lessee shall be adjudicated a bankrupt after the filing of an
involuntary petition in bankruptcy; or if the Lessee shall take or receive the advantage or benefit
of any insolvency; or if the Lessee shall enter into an agreement of composition with the
Lessee's creditors; then, in such event, the Lessor, at its option at any time thereafter, may
terminate this lease together with all of the estate, right, and title thereby granted to or vested in
the Lessee, by giving twenty (20) days notice in writing of such election, by certified mail
addressed to the Lessee at the address specified in Section 9 of this agreement, and at the
expiration of such twenty (20) day period, the lease and all of the estate, right, title and interest
thereby granted to or vested in the Lessee shall then cease and terminate, and the Lessor may re-
enter said premises using such force as may be required.
12. Surrender of Premises. At the termination of this lease, including any extensions
thereof, the Lessee shall quit and surrender said Premises including all rights, privileges,
easements, structures, Improvements and appurtenances and all keys thereto and in as good
condition as existed at commencement of the term, subsequent to the date of this Lease, ordinary
wear and tear, damage or destruction by fire or other casualty or circumstances uncontrollable by
the Lessee excepted; provided, that if alterations, additions or improvements have been made to
the premises as provided in this lease, the Lessee shall not be required to restore the premises to
the condition in which they were prior to such alterations, additions or improvements having
been made. Lessee shall have the obligation of removing any of its trade fixtures from the
premises at the termination of this lease and any extension thereof, unless allowed by the Lessor.
13. Adjudication. This lease shall be construed under all of the applicable laws, statutes,
ordinances, rules and regulations of the United States, the State of Washington, County of
Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue over such
dispute shall be with the Superior Court of Kitsap County, Washington.
14. Binding Effect. This lease shall be binding upon the heirs, successors, assigns and all
other parties legally empowered with signatory rights of any or all of the parties hereto.
15. Invalidity of Provisions. Should any term, provision, condition or other portion of this
lease be held to be inoperative, invalid or void, the same shall not affect any other term,
provision, condition or other portion of this lease; and the remainder of this lease shall be
effective as if such term, provision, condition or portion had not been contained herein.
16. Insurance. During the term of this lease and any extension thereof, the Lessee shall
secure and maintain policies of standard form comprehensive general liability insurance and
property insurance with an insurance company licensed to do business in the State of
Washington.
17. Agreement. This Lease and Attachmem "A" constitutes the entire agreement and
understanding of the parties, and supersedes all offers, negotiations and other agreements. There
are no representations or understandings of any kind not set forth herein.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures below.
Amy Bumett: Naval Memorial Museum of the Pacific
Earl Sande President,
Secretary
Date: Date:
Lease Proposal and Conditions for
MAVAL MUSEUM
To lease space at 408 Pacific Avenue Bremerton, Washington
This offer is only extended until April 9, 2002
4th PACIFIC ARTS - Earl Sande and Amy Bumett
P.O.Box 1341 Belfair, Washington 98528 (360) 275-5861
Naval Museum and City of Bremerton April 2, 2002
Concerning lease space available: 402 Pacific Ave. Bremerton, Washington
LETTER OF DESCRIPTION and PROPOSED CONDITIONS
The city of Bremerton has asked if I would lease the south half of my
building to the Naval Museum for a two-year period at the same monthly
rate as was being paid at the previous location.
I have agreed to lease the almost 8000 sq fi comer space "as is" for the
amount of $1500.00 per month with the mutual acknowledgement this is
$1000 or more below market value.
Features and description:
7 new DSL lines.
· Lower level sprinkled.
· Lower level zoned retail
· 2 restrooms.
· 100 feet of display windows.
· Most windows are double pane 94% UV protection.
· Air-conditioned.
· 3 doors to outside (2 sidewalk and 1 to alley)
· Separate manual control gas furnace downstairs.
· 2 main floor gas ~;
· Manual crank awnings for all windows.
· Space available for main floor restroom.
· Almost 3000sq ft street level.
· 1200 sq ft upper floor.
· Over 3000 sq ft lower floor.
BUILDING OWNER AGREES TO: · Pay property, taxes.
· Maintain basic building insurance.
· Maintain building structure and roof.
· Allow remodeling upon request.
· Bill monthlv for half heat and utilities.
Provide one small outside trashcan and pick up.
TENANT AGREES TO: · Abide by all codes and licensing.
· Maintain safe conditions.
· Maintain sanitary conditions.
· Remove from premises food and spoilage trash immediately after
use.
Floor fans or space heaters turned off at night.
· Provide proof of business and liability insurance.
· Be responsible for all window glass repair or replacement.
· Be responsible for awnings, which must be rolled in at night after
use. Also tenant may paint awnings.
· Keep sidewalk in front of leased space free of debris.
· Pay half building gas, power, water and sewage.
· Bring any remodeling to a finished stage.
rate oo per *'-,~
MONIES DUE: First month rent and $500 refundable deposit due upon
occupancy. Rent payment after 10th of month is to include $100 late fee.
Rent monies paid to: 4th Pacific Arts
P.O. Box 1341
Belfair, WA 98528
Special conditions:
I understand and agree to the lease agreement presented.
Naval Museum Representative (print)
Signature(s) date
date
date
City of Bremerton Representative (print)
Signature(s) date
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Phase III Project Agreement between FORAGENDA OF: May 29, 2002
the City and Kitsap County Consolidated Housing ORIGINATING DEPT: Executive
Authority (KCCHA). ORIGINATOR: Gary Sexton
DATE SUBMITTED: May 22, 2002
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
City Atto~"-'~
~ ~ APPROVED FOR SUBMITTAL BY
--- COUNCIL PRESIDENT:
MAYOR: ~ d'd'~-~,~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Tasks under prior
project agreements have been completed to the satisfaction of the parties, and the parties now wish to have the
KCCHA proceed with additional tasks related to developing the office building as part of Phase III of the
project. It is requested that Council authorize the Mayor to sign the Phase II Project Agreement between the
City and KCCHA, subject to modifications and approval by the City Attorney.
5. RECOMMENDATION: Move to authorize the Mayor to sign the Phase III Agreement subject to
modifications and approval by the City Attorney.
6. RESPONSIBLE OFFICIAL: Mayor
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: January 1, 2005
REVIEW DATE: n/a
7. NOTICE OF ACTION:
PULLED [--] TABLED [~ APPROVED [-] DISAPPROVED [~ AMENDED [-] DATE:
COUNCIL DIRECTIVE: 8 ~
8. AGENDA BILL NO.:
9. IMPACT OF NON-PASSAGE:
We would lose the momentum established in moving the project forward. As an integral part of the plan to
revitalize the downtown core, this building is vital to downtown development.
10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES:
It has been agreed that bonds will be issued to pay all costs of the building.
11. RESEARCH SOURCES:
City of Bremerton Inter-office Memorandum
To: Gary Sexton, Project Manager
From: Laura Freed, Current e
Date: May 29, 2002
Re: Parking Requirements in downtown Bremerton
Per your request, I have compiled some information about parking and loading
requirements in downtown. According to BMC 21.02.670(b)(1), "The CBD [Central
Business District] Parking Area, as shown in Figure 600, is exempt from the off-street
parking and loading space requirements of the Zoning Ordinance." Provision (3) of the
same subsection states, "Parking facilities that are provided voluntarily in the CBD or
Charleston District shall conform to the minimum design standards of this Chapter for
Class B lots."
This afternoon, you and Larry Craze advised me that the proposed city/county building
would be located at the southeast comer of Pacific Avenue and Sixth Street. Figure 600
in the appendices to the Zoning Ordinance shows that that proposed building site is
located entirely within the Central Business District Parking Area. I have attached a copy
of Figure 600. Therefore, off-street parking would not be required as part of that project.
If off-street parking were incorporated into the project proposal, the parking would have
to comply with the BMC's regulations for Class B parking lots.
I hope this resolves any confusion about parking policy. If you have any other questions,
please call me. My extension is 5379.
Cc: Chris Hugo
Jim Svensson
WEST B~MERTON PA~G ~A
Reduced parking provisio~ for mul~-~t rcsidcn~al dcvelopmen~
CENT~L BUS.ESS DIST~CT
Off-s~eet parking not requked ~ CBD, with ~e exception of ~e Water~ont Urb~ Rene~
Dis~ict, within the Desi~ Review Overlay
CHA~ESTON BUSINESS DIS~ICT
Off-s~eet parking not required for non-residential uses within ~is dismct. Reduced
provisions ~br the West Bremenon Par~g ~ea apply to multi-umt residen~al development
DESIGN ~VIEW OVE~AY
Paring t2cilities as per the specific desi~ starter& ~d individual project review contained m
· e Do~to~ Water~ont Urban Renewal Pi~
E LIMITED PARKING OVERLAY
Commercial and commuter parking lots may be developed as a special use
PHASE III PROJECT AGREEMENT
This Phase III Project Agreement ("Agreement") is entered into this day of
., 2002, by and among the KITSAP COUNTY ("the County"), the CITY OF
BREMERTON, a Washington municipal corporation, ("the City"), the BREMERTON
HOUSING AUTHORITY ("BHA"), and the KITSAP COUNTY CONSOLIDATED HOUSING
AUTHORITY, a public body corporate and politic of the State of Washington, ("KCCHA").
The parties agree as follows:
RECITALS
1. The parties entered into a Pre-Construction Agreement dated June 2000 as
part of Phase I of the potential development of an office building in Bremerton ("Building").
2. For Phase II of the project, the parties entered into a Phase li Project
Agreement dated May, 2001, under which the KCCHA contracted with LMN architects to
complete schematic designs and undertook such pre-development tasks as were deemed
reasonably necessary to enable the parties to commit to the construction of the Building.
3. The tasks under the Pre-Construction Agreement, Me Project A~nxga(, and
the Phase II Project Agreements (collectively "Prior Project Agreements'') laave been completed
to the satisfaction of the parties, and the parties now wish to have the KCCHA proceed with
additional tasks related to developing the Building as part of Phase III of the project, consistent
with this Agreement.
PHASE III KCCHA TASKS
4. As part of Phase III, the KCCHA shall:
Engage LMN architects to prepare architectural specifications, construction drawings and
such other plans for the Building as are reasonably necessary to allow the KCCHA to solicit
bids for construction of the Building (collectively, the "Project Plans");
· Present the Project Plans to the parties for review and comment;
· Proceed to acquire the Land as authorized in this Agreement;
· Prepare bid specifications and bid packages for obtaining bids from qualified contractors to
construct the Building, consistent with applicable legal requirements; and
· Accept timely submitted bids, provided that thc KCCHA shall not award bids without thc
prior written authorization of both of the other parties.
-1-
* Perform such other tasks, in consultation with the other parties, as are necessary or
convenient to perform the KCCHA's tasks in this Agreement.
To complete these tasks, the KCCHA is authorized to incur expenses of up to a total of
$1,660.00 in addition to the Acquisition Price defined below. The parties estimate that the
breakdown of expenses (other than Acquisition Price) for Phase III will be as follows:
LMN Preparation of Project Plans: $750,000.00
LMN Sub-Consultants $750,000.00
KCCHA Expenses: $110,000.00
Legal and Financial Consultants: $50,000.00
Total: $1,660,000.00
With respect to each of these elements of Phase RI, the KCCHA or its consultants, as
applicable, shall provide the other parties with a nan'ative of the work to be performed along
with anticipated costs for performing the work.
KCCHA REMIBURSEMENT
5. Under the Prior Project Agreements, the KCCHA incurred certain costs,
consistent with those Agreements.
6. If the parties detemfine to proceed with the construction of the Building, the
parties anticipate that bonds will be issued to pay all costs or' the Building, including costs the
KCCHA incurs under this Agreement and costs the KCCHA incurred under the Prior Project
Agreements. The parties agree that the KCCHA shall be reimbursed from bond proceeds for all
costs the KCCHA incurs in connection with design and construction of the Building. This
provision shall survive the expiration of the term of this Agreement.
7. If the Building is not constructed, in addition to the previously incurred costs
covered under Prior Project Agreements, the parties shall share the costs that the KCCHA incurs
under this Agreement in *due following proportions: the CourtW shall pay 41.8 percent; the
KCCHA shall pay 21.6 percent; the City shall pay 24.5 percent, and the BHA shall pay 12.1
percent. This section will apply if (and only if) construction on the Building has not
commenced by January 1, 2004. If this section applies, the parties shall pay their share of the
costs to the KCCHA within 30 4'ays after receiving an invoice fi:om the KCCHA.
LAND ACQUISITION
8. The parries further authorize the KCCHA to acquire land for the Building, as
well as adjacent property ~ collectively, the "Property") that the KCCHA determines would be
necessary or convenient/For the Building. This Agreement refers to the KCCHA's costs of
acquiring the Property (~'including transaction costs) as the "Acquisition Price." The parties
anticipate that the Builrting will be located between 5th and 6th Streets and Pacific and
Washington Avenues ~in Bremerton.
9. If construction on the Building has not commenced by January 1, 2004, the
KCCttA may sell the Property at a price approved by the City and County. The proceeds of any
sale shall first be used to reimburse the KCCHA for the Acquisition Price and any costs related
to the disposition of the Property. The parties shall divide the remaining proceeds, if any, based
on the percentages in Section 7 (i.e., the percentages by which the parties share expenses). If the
proceeds of a sale are insufficient to reimburse the KCCHA for the Acquisition Price and any
costs related to the disposition of the Property, the parties shall make up the deficit based on the
percentages in the first sentence of Section 7.
,MISCELLANEOUS PROVISIONS
10. The partiea_ag~.lhat upon completion of the Building, the KCCHA shall
receive a development ~ of $400,000...Lis amount shall be paid from bond proceeds and is in
addition to all other atlaoUnts_payal:~0 the KCCHA. This provision shall survive the expiration
of the term of this Agreement.
11. Upon completion of the Building, the City and County agree to negotiate
with the KCCHA to enter into a management agreement under which the KCCHA will manage
the Building. This provision shall survive the expiration of the term of this Agreement.
12. This Agreement shall take effect on the date first written above and shall
expire on Jmauary 1, 2005, unless the Building is under construction or has been completed by
that date, in which case this Agreement shall expire on the date that is three months after the date
the Building is finally accepted from the contractor.
13. This Agreement shall be governed by and construed in accordance with the
laws of the state of Washington. Venue shall be in Kitsap County, Washington.
14. The terms of this Agreement may not be altered or amended except by a
written instrument signed by the parties.
15. This Agreement is not intended, nor shall it be construed, to create any fights
in third parties.
16. Each party hereby warrants that the execution and delivery of this Agreement
and the performance of such party hereunder have been authorized by all necessary actions, that
the person executing this Agreement on behalf of' such party is competent and fully authorized to
do so.
17. The waiver by any party of any failure on the part of another party to perform
in accordance with any of the terms or conditions of this Agreement shall not be construed as a
waiver of any future or continuing failure, whether similar or dissimilar thereto. To be valid,
waivers must be in writing and signed by the party waiving its fights.
-3-
18. The City of Bremerton may, at its option, on August 15, 2002 review tenancy
and ownership commitments for the project. If, on August 15,2002, tenancy and ownership
commitments are less than sixty five percent (65%) of the total floor space planned for the
project and, the City of Bremerton determines that the project is not viable at 65% of occupancy,
the City of Bremerton may terminate this agreement and its obligations under this agreement as
of August 15, 2002. Provided further that, the Kitsap County Consolidated Housing Authority,
upon receiving timely notice of the City of Bremerton's determination to terminate its
obligations shall, within 30 days of receiving such notice, provide remedy by showin~_g
commitments for occupancy of sixty five percent of the space Piannea for the project. Upon
such showing by the Kitsap County Consolidated Housing Authority the City of Bremerton shall
resume its obligations to this agreement.
DATED this day of ., 2002.
KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY
By
Its
KITSAP COUNTY
By
Its
THE CITY OF BREMERTON
By
Its
BREMERTON HOUSING AUTHORITY
By
Its
-4-
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Resolution - Authorizing FOR AGENDA OF: May 29, 2002
Application for Funding Assistance for an ORIGINATING DEPT: Parks & Recreation
Aquatics Lands Enhancement Account ORIGINATOR: Jodi Wroblewski, Adm Analyst
project to the Department of Natural DATE SUBMITTED: May 21, 2002
Resources.
2, CLEARANCES: 3. EXHIBITS:
(Comment on back if necessary) ~~
Parks & Recreation Director: * Resolution ~ ~.~. 2-~, % c~
City Attorney: ~.~..~
Treasurer: ~2
Fiscal & Budget Committee:
Operations Committee: HEARD 5/21/02
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City of Bremerton has embarked upon a downtown plan and development that envisions a
renovation to the entire area. Parks and open space are a critical component in achieving this
vision. To that end, the Navy is giving the City the property directly west of the Bremerton
Transit Center to develop into a park. The north end will house the Naval Museum and the rest
will be developed into a downtown waterfi'ont park that will enhance the entrance to the City.
In order to fund the development of the park portion, we wish to apply to the Department of
Natural Resources for an Aquatic Lands Enhancement Account project grant. The total
development for the park portion of the project is estimated to be $1,974,959. The ALEA grant
request will be for a maximum of $ 987,480. The match (balance of funding) will be coming
fi.om Cky funds, and hopefully other grants (e.g. Interagency of Outdoor Recreation grant
submitted May 1, 2002.).
8. RECOM/VIENDATION:
Motion to adopt Resolution No. ~ ~ % ~1 , authorizing the application for an Aquatic Lands
Enhancement Account funding assistance to the Department of Natural Resources for the development of
Maritime Park.
9. RESPONSIBLE OFFICIAL: Jim Spencer
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED D I SAPPROVED__~,~}'~M ENID__
COUNCIL DIRECTIVE: DATE:
~ }. AGENDA BILL #: 0o~ ~ / ~
33
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued):
5. IMPACT OF NON-PASSAGE:
The City will not be able to apply for an ALEA grant.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
Addition o£this particular park will not impact the maintenance and operations budget and
staff'mg significantly.
7. RESEARCH SOURCES:
RESOLUTION NO..~ ~ 5 q
A RESOLUTION of the City Council of the City of
Bremerton, Washington, authorizing application for funding
assistance for an Aquatic Lands Enhancement Account (A.L.E.A.)
project to the Department of Natural Resources (DNR) as provided
in Chapter 79.24.580, RCW.
Organization Name: City of Bremerton Project Name: Maritime Park
WHEREAS, under the provisions of Chapter 79.24.580, RCW, state funding assistance is
requested to aid in financing the cost of the construction of facilities for public access to and
enhancement of, state-owned aquatic lands, and
WHEREAS, the City Council of Bremerton, Washington considers it in the best public
interest to construct a waterfront park in the southern part of the city generally located on
Sinclair Inlet west of the Bremerton Ferry Terminal, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES IffEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Mayor be authorized to make formal application to
Department of Natural Resources.
SECTION 2. That any fund assistance so received be used for development of
the two acres of land on Sinclair Inlet.
SECTION 3. That the city's 50% matching share for the project shall be derived
from City funds.
SECTION 4. That any property acquired with financial aid through the Aquatic
Lands Enhancement Account be maintained for the purpose of habitat protection and/or public
access in perpetuity and in accordance with the terms of the grant agreement approved bv the
Department of Natural Resources.
35 A.L.E.A. Funding
SECTION 5. That any developed facilities finance through the Aquatic Lands
Enhancement Account be maintained by the City for 25 years or longer.
SECTION 6. That this resolution becomes part of a formal application to
Department of Natural Resources.
SECTION 7. That adequate notification has been given and opportunity
provided for public input.
SECTION & Severabili~. 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 9. 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
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk
,4.L.E.A. Funding
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: PUBLIC HEARING AND FOR AGENDA: l~,~:,r 22, 20G~-2-~ ~d May 29, 2002
ORDINANCE AMENDING CH. 2.04 OF THE ORIGINATING DEPT: Legal
BMC RELATING TO THE CITY COUNCIL ORIGINATOR: Roger A. Lubovich
DATE SUBMITTED: May 13, 2002
2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS:
~ ~ <'"'---'-- ORDINANCE /(]C~ k~ ~ O 5
'ROG/ER A. L_~)VICH, City Atto~ ' '
FIStAL & prUp..q T CHAIRMAN
'~0~ ERAT'~O~'I-'S CHAIRMAN
APPROVED FOR SUBMITTAL:
ENDORSE~~~'mxzr [2] cgkrNC LPRESIDENT
MAYOR k._~.~.~ /~--X-Z'~t'~ ~ ;'~'-~:-~'/-~ z'~/r~-~"4":'~"~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
An ordinance amending Chapter 2.04 of the Bremerton Municipal Code relating to City Council
meetings and publication of council salary schedules. The proposed ordinance would allow the City Council to
utilize different formats for conducting its regular meetings rather than the agenda format set forth in Chapter
2.04. It would also remove language relative to the publication of salary schedules established by the Salary
Commission.
8. RECOMMENDATION:
~~ ........ ,~ ........... ~n first
Move to pass Ordinance No. ~n the second reading.
9. RESPONSIBLE OFFICIAL: Roger A. Lubovich
ENFORCEMENT OFFICIAL: Roger A. Lubovich
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED ~-] TABLED ~] APPROVED ~ DISAPPROVED [--] AMENDERS:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.: '
37
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACII,ITIES~ EQUIPMENT OR OTHER RESOURCE£:
None.
7. RESEARCH SOURCES:
7¸,3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 2.04 of the Bremerton
Municipal Code relating to the City Council by amending
provisions of said chapter regarding City Council meetings and the
publication of council salary schedules.
WHEREAS, the current provisions of Chapter 2.04 of the Bremerton
Municipal Code relating to the City Council provide for the conduct, time, and place of
City Council regular and special meetings and for council salary schedules; and
WHEREAS, the City Council desires to update the provisions relating to City
Council meetings in order to provide for conducting business meetings and study sessions and to
amend the provisions relating to publication of salary schedules established by the Bremerton
Citizen's Commission on Council Salaries; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.04 of the Bremerton Municipal Code entitled "City
Council" is hereby amended to read as follows:
Chapter 2.04
CITY COUNCIL
2.04.010 TIME AND PLACE.
The time and place of the regular meeting of the City Council required by Charter
shall be each Wednesday at five-thirty p.m. at the Council Chambers or City Council Office,
City Hall, Bremerton, Washington. Provided, however, if such meeting day falls upon a legal
holiday ...... h ..... ~" +~'~ ~;'~ ..... ; ............. ~ ~;~- ;~ ~'~ ..... approved by
~ ~;~.-;*.r,..~O,,..,~ ,, .^ *' *t' ~,..,. ,"...,,,,,.,~..,;~ then pursuant to the Charter, such regular meeting o,,~..~t'~ may be
rescheduled during the same week following thee procedures for setting a special meeting as set
~brth in section 2.04.020 below, except that public notice must be given one week in advance of
the meeting.
CiO' Council
A regularly scheduled City Council meeting shall con~;s* of may consist of a
business meeting and/or study session or any other format as established by the city council.
Notices of agendas of all regular meetings shall be posted at City Hall and delivered to the local
television station and local newspaper of general circulation by mail, facsimile or other similar
means. Business meetings, when held, shall consist of:
1. Call to Order (Flag Salute and Invocation)
2. Consent Agenda
3. Claims/Vouchers/Warrants
4. Council Members Report
5. Mayor's Report
6. Legislative Report
7. Public Recognition
8. Final Reading of Ordinances and vote thereon
9. Introduction and First Reading of Ordinances
10. Reading and vote upon Resolutions
11. Public Hearings and Appeals
Items 8 through 11 may be omitted if there are not scheduled items for that section.
2.04.020 DAY AND SPECIAL MEETINGS.
· -"~:r~ ...... l.,.,....~.,*:"'~o and Pursuant to RCW 42.30.080, special meetings of the city
council shall may be held: in the Council Chambers after public notice has been given, at a time
and ace as specified in the notice of meeting ~,j ...... j .~i~ press,.,.,~.., ,..,~-a +~..4o4~,..,,..~,.,~- .... .. .~.~..,.
2.04.030 PRECOUNCIL SESSION.
The city council shall meet at 5:00 p.m. on the same day, immediately prior to the
kly t~.,~. :. e~o,~^. -, ,~a r,, ,~ hereo£ for a precouncil session to
regular wee council meetingso,.~°~* ......... ,,,,,,,,,~, ,..,,-~.~ ~,._
discuss the agenda for such regular meeting and/or other administrative matters.
2.04.040 COUNCIL MEMBER SALARY SCHEDULE.
Council member salary schedules shall be established and filed with the city
clerk bv the Bremerton Citizen's Commission on Council Salaries pursuant to the Charter.
Begipming Januar ~, C
City Court cil
SECTION2. 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.
SECTION3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and ai2er its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2002
PASSED by the City Council the day of ., 2002
CAROL ARENDS, Council President
Approved this day of ., 2002
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2002
EFFECTIVE the day of ,2002
ORDINANCE NO.
l~:',LEGAL",Ordinances\City Council Ordinance2.doc
3
l~ { CiO, Council
AGENDA BILL
BREMERTON CITY COUNCIL
I. SUBJECT: Public Hearinq &Ordinance to amend FOR AGENDA OF: May 29, 2002
BMC Chapter 21.02 (the Zoning Code) by providing the DEPT. OF ORIGIN: DCD
regulatory measures allowing flexibility and design innovation ORIGINATOR: Chris Hu,qo, Dire,Cts',
with regard to setbacks and landscaping requirements. DATE SUBMITTED: May 21, 2002
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
DCD Directok'~-~?;~~=~~ . o PC Findings & Conclusions
City Attorney:~~,~ ----- _. _ o PC Minutes of 3/29/01
City Clerk: ~~ ~ . - o Ordinance to Amend Zoning Text
Fiscal & Budget Council Com~.: ~~
Operations Comm.: ,¢/~-~?'-~_..~/'~ !
-~,/v v ,...
APPROVED FOR SUBMITTAL:
MAYOR '. ' :":-' COUNCIL PRESIDENT ~/~¥'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
There are situations when the strict application of the development standards articulated in the Zoning Code
does not promote innovative design and allow land use that best serves the public interest. There is a need for
provisions in the Code that will, after careful analysis, allow the Director of DCD the ability to apply administrative
discretion with regard to development standards pertaining to setbacks and landscaping.
The Planning Commission has reviewed a similar proposal, which was entitled a "Plan-in-Lieu", conducted public
hearings, adopted Findings & Conclusions at a March 29, 2002 meeting, and recommended City Council
approval. It has been subsequently determined that an administrative (Type I) process pertaining only to
setbacks and landscaping will better serve the public interest. The Council must conduct a public hearing prior to
its final decision and action on the proposed Ordinance in order to implement the zoning text amendments.
5. RECOMMENDATION:
Move to approve the attached Ordinance # on first readinq.
Move to pass the attached Ordinance # on second readinq.
6. RESPONSIBLE OFFiCIAL:Christopher R. Huqo
ENFORCEMENT OFFICIAL: Christopher R. Huqo
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDtI~.~
COUNCIL DIRECTIVE: DATE:
8. AGENDA BILL NO.'
9. CLEARANCE COMMENTS:
10. IMPACT OF NON-PASSAGE:
If the proposed ordinance is not approved, the city will lose the capability of allowing needed
flexibility in applying current development standards pertaining to setbacks and landscaping.
11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The proposed amendment will create no operational changes for the city.
12. RESEARCH SOURCES:
Comprehensive Plar~
Zoning Ordinance
File
Experience with Land Use Applications
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Zoning Code, Chapter
21.02 of the Bremerton Municipal Code, by adding a new section,
Section 21.02.185 relating to alternative setbacks plans and
amending Section 21.02.730 relating to alternative landscape plans
to allow flexibility and design innovation to achieve greater public
benefit, and further amending Figure 840 and Figure 895(a) of
Chapter 21.02 noting the type of decision and notice requirements
for these alternative plans.
WHEREAS, in the application of development regulations there occasionally are
situations where the literal application of zoning regulations does not result in utilization of land
in a manner that best serves the public interest and variance provisions are not a suitable method
by which to allow deviation from such zoning regulations; and
WHEREAS, there is therefore a need for a provision in the Zoning Code that will
allow, after careful analysis, flexibility in the application of development standards pertaining to
setbacks and landscaping; and
WHEREAS, the proposed zoning code amendment provides that a decision of the
Director is required in the application of such flexibility, that only setback and landscaping
regulations may be addressed, and certain other parameters that must be met, including a finding
of public benefit; and
WHEREAS, the Planning Commission conducted a public hearing on the subject
zoning code amendment on March 29, 2002 and has recommended approval of that amendment;
and
WHEREAS, the Bremerton City Council conducted public hearings to accept
public comments pertaining to the proposed Development Regulation Amendment to consider
the Planning Commission recommendation; NOW THEREFORE,
1
Alternative Setbacks attd Landscaping
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Bremerton Municipal Code Section 21.02 is hereby amended by
adding a new section 21.02.185 entitled "Alternative Setbacks" to read as follows:
Section 21.02.185 ALTERNTIVE SETBACKS.
(a) Alternative setbacks that create benefits in the public interest that exceed those
that would accrue from development as prescribed by the setback standards of the zone in which
the project is located may be approved as a Type I administrative decision.
(b) Decision criteria: Alternative setbacks may be approved only if they satisfy all of
the following criteria:
(1) Total site area within setbacks shall be equal to or exceed that created by
adherence to the standard setbacks.
(2) There shall be a finding of public benefit that is consistent with the goals
and policies of the Comprehensive Plan. An example of public benefit includes but is not
limited to:
(i) reduction of setback adjacent to a street or other public right of
way in exchange for increased setback from a development-sensitive environment such as a
wetland or an existing incompatible land use;
(3) The development plan shall not be inconsistent with the intent of any
provision of the Zoning Code.
SECTION 2. Section 21.02.730 of the Bremerton Municipal Code entitled
"Landscape Plans" is hereby amended to read as follows:
Section 21.02.730 LANDSCAPE PLAN.
(a) When necessary, a landscape plan shall accompany the building permit or other
application which will be reviewed and approved by the Director of Community Development
prior to the issuance of a building permit except as noted in this chapter.
(b) A landscape plan shall be drawn to scale and shall indicate:
(1) Existing property lines, trees, fences, and other screening and structures:
2
Alternative Setbacks and Landscaping
(2) Proposed plantings, identified by common name, and caliper, size, and
minimum height of specimens to be planted, fences, water, and other elements;
(3) Maintenance provisions:
i. All trees, shrubs, and other landscaping shall be maintained in a
healthy growing condition. Dead or dying vegetation shall be replaced during the first possible
spring or fall planting season. The planting area shall be maintained reasonably free of weeds
and trash.
ii. Violation of these provisions shall be considered a violation of this
chapter. All plant material shall be maintained as designed and approved.
(c) Alternative Landscaping Plan: The requirements of this chapter may be modified
to encourage better landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted to the
Director of Community Development, accompanied by a Landscape Plan as required above.
(2) The Director of Community Development must makema¥ approve the
alternative landscaping plan as a Type I administrative decision after making the following
findings in ~-~'~- *~'
1~y-t4'~/~tFt~Total area of landscaping shall be equal to or exceed that created by adherence to
the standard landscaping and buffer requirements;
shall be a finding of public benefit that is consistent with the goals and policies of the
Comprehensive Plan. Examples of public benefit include but are not limited to:
a. reduction of landscaping in one area to create a more useable or
effective massed landscape area in another area.
iii. The development plan shall not be inconsistent with the intent of any
provision of the Zoning Code.
SECTION 3. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is
hereby amended to read as stated in Exhibit A attached hereto.
3
Alternative Setbacks and Landscaping
SECTION 4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a)
is hereby amended to read as stated in Exhibit B attached hereto.
SECTION 5. 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 6. 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.
APPROVED by the City Council the day of ., 2002
PASSED by the City Council the day of ., 2002
CAROL ARENDS, Council President
Approved this day of ., 2002
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ., 2002
EFFECTIVE the day of ., 2002
ORDINANCE NO.
R:'xkEGAL'~Ordinances'xCommunity Development'~Alternative Setbacks and Landscaping.doc
4
Alternative Setbacks and Landscaping
PERMIT PROCESSING SUMMARY Figure 840
Administrative Hearing Examiner Hearing Examiner City Council
DECISIONS Decision Open Hearing and Pre-Decision Closed Record
Decision Open Hearing Decision
Recommendation
Type I Decisions (without notice)
BMC 21.02.840
· Sign permits * * (on appeal)
· Home occupation * * (on appeal)
· Land uses permitted outright * * (on appeal)
· Boundary line adjustment * * (on appeal)
· Minor amendment to approved PUD * * (on appeal)
· Minor amendments to other permits * * (on appeal)
· Temporary emergency wetland or * * (on appeal)
stream permits
· Clearing less than 2 acres * * (on appeal)
· Grading less than 100 cu. yds. * *(on appea{)
· Landscape plan * * (on appeal)
· Site Plan review * * (on appeal)
· Recreational vehicle 90-day permit * * (on appeal)
· Building Permits * *(on appeal)
· Alternative Setback * *(on appeal)
· Alternative Landscaping * *(on appeal)
Type II Decisions (notice required)
BMC 21.02.845
· Shod Subdivison * *(on appeal)
· SEPA Determination * *(on appeal)
· Wetland or stream assessment * *(on appeal)
· Wetland orstream development * *(on appeal)
permit
· Env. Area Determination * *(on appeal)
· Administrative Special Use Permit * *(on appeal)
· *(on appeal)
· Design Review * *(on appeal)
· Plan orCode Interpretation * *(on appeal)
· Minor alteration of approved plat
Type III Decisions
BMC 21,02.850
· Final Subdivision Plat *
· Variance *
· Non-administrative Special Use Permit *
Type IV Decisions
! BMC 21.02.855
· Preliminary Subdivision Plat * *
· Vacation of existing subdivision * *
· Planned Unit Development
· Major amendment to a PUD
· Binding Site Plan
· Rezone for specific properties or small
area , ,
· Development Agreement
Title 21 Appendix
,NOTICE REQUIREMENTS
Z.-q
Determination Notice of 9
DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of --,
Completeness Application Public Hearing Decision Decision
type I Decisions
I~ Sign permits No None No No No No ITl
· Home occupation No None No No No No
· Land uses permitted No None No No No No ~--.
outright
· Boundary line No None No No No No
adjustment m
· Minor amendment to No None No No No No Z
approved PUD
· Minor amendments to No None No No No No f,~
other permits
~' Temporary No None No No No No m
emergency wetland X
or stream permits_"f'
~ Clearing less than 2 No None No No No No
acres
~ Grading less than 100 No None No No No No
cu. yds.
,' Landscape plan No None No No No No
~ Site Plan review Yes None No No No No
,, Recreational vehicle No None No No No No
90-day permit
· Building Permits Yes None No No No No
· Alternative Setback N_.9o None N_9.o N_9 N_gq N_.9o
· Alternative No None No No No No
Landscaping
appeals to
'ype II Decisions Hearing Examiner O
~ Short Subdivision Yes Yes No Yes Yes If appealed --~
· Admin. SUP Yes Yes No Yes Yes If appealed
~ Minor Plat Amend. Yes Yes No Yes Yes If appealed
~ Wetland assessment/ Yes Yes No Yes Yes If appealed
permit
· SEPA Determination Yes No No Some cases Yes If appealed
~_... Env.~A_r_e_a Determin. No No No Yes Yes If appealed
Determination Notice of
DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of
Completeness Application Public Hearing Decision Decision
· Design Review Yes Yes No Yes Yes If appealed Z
· Interpretation No No No Yes Yes If appealed
Type III Decisions appeals to court
· Final Subdiv. Plat Yes Yes Yes Yes No N/A
rn
· Variance Yes Yes Yes Yes No N/A
· Non-admin. SUP Yes Yes Yes Yes No N/A ITl
Type IV Decisions._
· Rezone Yes Yes Yes No N/A Yes
· Develop. Agreement Yes No Yes No N/A Yes ITl
· Prelim. Subdiv. Plat Yes Yes Yes No N/A Yes
· Binding Site Plan Yes Yes Yes No N/A Yes ITl
Z
--t · Vacation of Subdiv. Yes Yes Yes No N/A Yes
~ · Planned Unit Dev. Yes Yes Yes No N/A Yes
· PUD Major Amend. Yes Yes Yes No N/A Yes
~> Shoreline Decisions
-o · Sub. Dev. Permit Yes Yes No Yes Yes If appealed
~ · Cond. Use Permit Yes Yes Yes Yes Yes If appea~ed
~' · Variance Yes Yes Yes Yes Yes If appealed
· Permit Revision Yes Yes No Yes Yes If appealed
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Zoning Code, Chapter
21.02 of the Bremerton Municipal Code, by adding a new section,
Section 21.02.185 relating to alternative setbacks plans and
amending Section 21.02.730 relating to altemative landscape plans
to allow flexibility and design innovation to achieve greater public
benefit, and further amending Figure 840 and Figure 895(a) of
Chapter 21.02 noting the type of decision and notice requirements
for these alternative plans.
WHEREAS, in the application of development regulations there occasionally are
situations where the literal application of zoning regulations does not result in utilization of land
in a manner that best serves the public interest and variance provisions are not a suitable method
by which to allow deviation from such zoning regulations; and
WHEREAS, there is therefore a need for a provision in the Zoning Code that will
allow, after careful analysis, flexibility in the application of development standards pertaining to
setbacks and landscaping; and
WHEREAS, the proposed zoning code amendment provides that a decision of the
Director is required in the application of such flexibility, that only setback and landscaping
regulations may be addressed, and certain other parameters that must be met, including a finding
of public benefit; and
WHEREAS, the Planning Commission conducted a public hearing on the subject
zoning code amendment on March 29, 2002 and has recommended approval of that amendment;
and
WHEREAS, the Bremerton City Council conducted public hearings to accept
public comments pertaining to the proposed Development Regulation Amendment to consider
the Planning Commission recommendation; NOW THEREFORE,
1
Alternative Setbacks and Landscaping
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Bremerton Municipal Code Section 21.02 is hereby amended by
adding a new section 21.02.185 entitled "Alternative Setbacks" to read as follows:
Section 21.02.185 ALTERNTIVE SETBACKS.
(a) Alternative setbacks that create benefits in the public interest that exceed those
that would accrue from development as prescribed by the setback standards of the zone in which
the project is located may be approved as a Type I administrative decision.
(h) Decision criteria: Alternative setbacks may be approved only if they satisfy all of
the following criteria:
(1) Total site area within setbacks shall be equal to or exceed that created by
adherence to the standard setbacks.
(2) There shall be a finding of public benefit that is consistent with the goals
and policies of the Comprehensive Plan. An example of public benefit includes but is not
limited to:
(i) reduction of setback adjacent to a street or other public right of
way in exchange for increased setback from a development-sensitive environment such as a
~vetland or an existing incompatible land use;
(3) The development plan shall not be inconsistent with the intent of any
provision of the Zoning Code.
SECTION2. Section 21.02.730 of the Bremerton Municipal Code entitled
"Landscape Plans" is hereby amended to read as follows:
Section 21.02.730 LANDSCAPE PLAN.
(a) .When necessary, a landscape plan shall accompany the building pe.~,an, it or other
application which will be reviewed and approved by the Director of Community Development
prior to the issuance of a building permit except as noted in this chapter.
(b) A landscape plan shall be drawn to scale and shall indicate:
(1) Existing property lines, trees, fences, and other screening and structures;
2
Alternative Setbacks and Landscaping
(2) Proposed plantings, identified by common name, and caliper, size, and
minimum height of specimens to be planted, fences, water, and other elements;
(3) Maintenance provisions:
i. All trees, shrubs, and other landscaping shall be maintained in a
healthy growing condition. Dead or dying vegetation shall be replaced during the first possible
spring or fall planting season. The planting area shall be maintained reasonably free of weeds
and trash.
ii. Violation of these provisions shall be considered a violation of this
chapter. All plant material shall be maintained as designed and approved.
(c) Alternative Landscaping Plan: The requirements of this chapter may be modified
to encourage better landscaping design as follows:
(1) A request for approval of alternate landscaping shall be submitted to the
Director of Community Development, accompanied by a Landscape Plan as required above.
(2) The Director of Community Development _,may ap rove the alternative
I Deleted: in order to approve the
landscapin~ plan as a Type I administrative decision after making the following findings; ..... k alternate landscaping plan
i~ ~Total area of landscaping shall be equal to or exceed that created
....... ' ................ - / will be equal to or better lhan that
by adherence to the standard landscaping and buffer requirements; [ required by this chapter
Formatted: Font: 12 pt
ii~ T ere shall be a finding ....
~! .............. of public benefit that is consistent with the goals Deleted: The alternative landscaping
and policies of the Comprehensive Plan. Examples of public benefit include but are not limited [ will accomplish the intent of this chapter.
to:
a. ,reduct!pn_.of land~_aping in one area to create a more useable or
effective massed landscape area in another area.
Formatted: Font: 12 pt
iii. ~The development p!.a_n_ sha_l[_E%.b~e _inc_E_n~_i~t_ent _with the intent of any
provision of the Zoning Code.
SECTION 3. Bremerton Municipal Code Section 21.02 Appendix Figure 840 is
hereby amended to read as stated in Exhibit A attached hereto.
SECTION 4. Bremerton Municipal Code Section 21.02 Appendix Figure 895(a)
is hereby amended to read as stated in Exhibit B attached hereto.
I Formatted: Font: Not Italic
3
,41ternative Setbacks and Landscaping
SECTION 5. 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 6. 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.
APPROVED by the City Council the day of _, 2002
PASSED by the City Council the day of ., 2002
CAROL ARENDS, Council President
Approved this day of ,2002
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2002
EFFECTIVE the day of ,2002
ORDINANCE NO.
R:\LEGAL\Ordinances\Conununity Develol~ment\Alternative Setbacks and Landscaping.doc
4
,~llternative Setbacks and Landscaping
EXHIBIT A
PERMIT PROCESSING SUMMARY Figure 840
Administrative Hearing Examiner Hearing Examiner City Council
DECISIONS Decision Open Hearing and Pre-Decision Closed Record
Decision Open Hearing Decision
Recommendation
Type I Decisions (without notice/
BMC 21.02,840
· Sign permits * (on appeal)
· Home occupation * * (on appeal)
· Land uses permitted outright * (on appeal)
· Boundaryline adjustment * * (on appeal)
· Minor amendment to approved PUD * * (on appeal)
· Minor amendments to other permits * * (on appeal)
· Temporary emergency wetland or * * (on appeal)
stream permits
· Clearing less than 2 acres * * (on appeal)
· Grading less than 100 cu, yds. * *(on appeal)
· Landscape plan * * (on appeal)
· Site Plan review * * (on appeal)
· Recreational vehicle 90-day permit * * (on appeal)
· Building Permits ** *(on appeal)
· Alternative Setback ; *(on appeal)
· Alternative Landscapinq *(on appeal)
Type II Decisions (notice required)
BMC 21,02.845
· Short Subdivison * *(on appeal)
· SEPA Determination * *(on appeal)
· Wetland or stream assessment * *(on appeal)
· Wetland or stream development * *(on appeal)
permit
· Env. Area Determination * *(on appeal)
· Administrative Special Use Permit * *(on appeal)
· Design Review *(on appeal)
· *(on appeal)
· Plan or Code Interpretation ,
· Minor alteration of approved plat *(on appeal)
Type 111 Decisions
BMC 21.02,850
· Final Subdivision Plat *
· Variance *
· Non-administrative Special Use Permit *
Type IV Decisions
BMC 21.02.855
· Preliminary Subdivision Plat * *
· Vacation of existing subdivision * *
· Planned Unit Development * *
· Major amendment to a PUD * *
· Binding Site Plan * *
· Rezone for specific properties or small
area
· Development Agreement
Title 21 Appendix
NOTICE REQUIREMENTS
z_-q
....... Determination Notice of ~O
DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of
Completeness Application Public Hearing Decision Decision 0
- - r11(o
Type I Decisions
I~ Sign permits No None No No No No ITl
· Home occupation No None No No No No ,C)
· Land uses permitted No None No No No No
outright r'n
· Boundary line No None No No No No
adjustment ITl
· Minor amendment to No None No No No No Z
approved PUD --"1
· Minor amendments to No None No No No No
other permits
· Temporary No None No No No No ITl
emergency wetland
or stream permits
· Clearing less than 2 No None No No No No
acres
· Grading less than 100 No None No No No No
cu. yds.
· Landscape plan No None No No No No
· Site Plan review Yes None No No No No
· Recreational vehicle No None No No No No
90-day permit
· · AIternativeBUilding PermitS.setback Ye__s None No No No No
No None ....... No ' ' No ..... N-~ .... No
..... Formatted: Bullets and Numbering
· Alternative N__go None N._9 N._.9o N_.go Nc) ID
Landscapin_q
appeals to
Type II Decisions Hearing Examiner O
· Shod Subdivision Yes Yes No Yes Yes If appealed "~
· Admin. SUP Yes Yes No Yes Yes If appealed
· Minor Plat Amend. Yes Yes No Yes Yes If appealed
· Wetland assessment/ Yes Yes No Yes Yes If appealed
permit
· SEPA Determination Yes No No Some cases Yes If appealed
· Env Area Determin. No No No Yes Yes If appealed
Determination Notice of
DECISIONS of Notice of Open Record Notice of Notice of Appeal Notice of
Completeness Application Public Hearing Decision Decision
· Design Re~/ie~ Yes Yes No Yes Yes If appealed Z
· Interpretation No No No Yes Yes If appealed
III Decisions appeals to court
Ty[
· '~ Final Subdiv. Plat Yes Yes Yes Yes No N/A,,,
· Variance Yes Yes Yes Yes No N/A
· Non-admin. SUP Yes Yes Yes Yes No N/A ITl._.
Ty[ .~ IV Decisions --
· Rezone Yes Yes Yes No N/A Yes
· Develop. Agreement Yes No Yes No N/A Yes ITl
· Prelim Subdiv. Plat Yes Yes Yes No N/A Yes
rn
· Binding Site Plan Yes Yes Yes No N/A Yes Z
· ~/acation of Subdiv. Yes Yes Yes No N/A Yes '--I
~. · Planned Unit Dev. Yes Yes Yes No N/A Yes
~' · PUD Major Amend, Yes Yes Yes No N/A Yes
~ Shoreline Decisions
-o · Sub. Dev Permit Yes Yes No Yes Yes If appealed
'" · Cond. Use Permit Yes Yes Yes Yes Yes If appealed
~- · Variance Yes Yes Yes Yes Yes If appealed
· Permit Revision Yes Yes No Yes Yes If appealed
Minutes for Approval
Special Planning Commission Meeting
March 29, 2002
I. Call to Order
In the absence of Commissioner Kosusko, Commissioner Dingfield agreed to act as Chair.
Commissioner Kennedy, the Vice Chair had a weak voice. The meeting was called to order by Acting
Chairman Dingfield at 5:37 p.m.
II. Roll Call
Those present were: Commissioner Buckingham, Commissioner Cockburn; Commissioner Dingfield,
Commissioner Kennedy, Commissioner Nelson, and Commissioner Wood. Quorum certified.
III. Approval of Agenda
Commissioner Dingfietd introduced the agenda. A motion was made by Commissioner Cockburn
and seconded by Commissioner Kennedy to approve the agenda as written. Called for a vote:
Buckingham: yes; Cockburn: yes; Dingfield: yes; Kenned,,,': yes: Nelson: abstain; and Wood: yes. The
agenda was approved as written.
IV. Approval of Minutes
The January 15, 2002, minutes were presented for approval by Commissioner Dingfield. She then
asked if there were any comments on the minutes. There was one question regarding the identification
of some of the public testimony. It was verified by Commissioners Dingfietd and Kennedy (beth
present at the January 15, 2002, Meeting) to be ~rohn Hall - recording secretary made note of it. A
motion was made by Commissioner Kennedy to approval of the minutes for the January 15, 2002.
as presented. The motion was seconded by Commissioner Cockburn. Called for a vote:
Buckingham: abstained: Cockburn: yes: Dingfield: yes; Kennedy: yes: Nelson: abstained: and Wood:
yes. The motion carries - the minutes were approval as submitted.
V. Public Meeting
Chairman Dingfield moved directly to the public meeting portion.
A. Call to the Public (public comments on any item not on tonight's agenda). Commissioner
Dingfield seeing no public moved on to the Public Hearing portion of the meeting.
B. Public Heatxng.
Planning Commission Meeting March 2% 2002 Page [ of [2
Mr. Hugo explained further that the section that is put in relating to front yards in
general always talks about the street side. You might have two front yards in the zoning
code - but that is when you have a through lot and it fronts on parallel streets. The yard
discussion in the zoning code context can be fairly complex but it is always related to
streets and in the shoreline it is always related to the water.
Commissioner Din~eld asked if there were any further questions for Mr. Hugo.
Heating none she then opened this heanng to public comment of a neutral nature,
positive and/or negative nature. Seeing none she then closed the hearing to public and
opened it back to the commission for discussion, comments, and/or motions.
Mr. Hugo noted for the record that because of the glitch in the quorum on the February
meeting that there were quite a few people here that verbally testified and that is why we
have so many comments in written form. Everyone that commented verbally or in
writing were notified by letter about the problem that happened that night and invited to
either appear or submit new testimony. That letter went out several weeks ago.
Commissioner Din~eld confirmed that the commissioners received a copy of that letter
and letters that were submitted on or before the February meeting have been included in
our packets and are part of the public record for this special meeting in March.
A motion was made by Commissioner Kennedy and seconded by Commissioner
Nelson to approve the revised language for PL02-0001 - Front Yard Averaging
Zoning Text: Amendment. [*[r. Hugo clarified for the Commission, if you are
approving this proposal - you are recommending it to the City Council.] Called for a
vote: Buckingham: yes: Cockburn: yes' Dingfield: yes: Kennedy: yes; Nelson: yes: and
Wood: yes. The agenda was approved as written.
2. PL02-0003 - Plans-In-Lieu. A text amendment to the Zoning Ordinance (BMC
to establish procedures and decision ctiter/a to approve development plans in lieu of
compliance with zoning standards on the basis of superior or innovative design that
results in specific public benefit, tCity of Bremerton)
Commissioner Din~'ield introduced this item and turned the floor over to Mr. Hugo.
Mr. Hugo stated that this item was first introduced in January, 2002. The idea came up
because of a perceived need to have some flexibility in the regulatory environment where
it is cleartv evident that the public will benefit by a different form of development on a
particular site. There is something already like this in the Bremerton Municipal Code -
is a provision that [ didn't like from the first time [ got here because it seemed too
arbitrar,:. Flexibility always dances around the problem o(: ts it guided by the
application of discretion with objective criteria or is it just the misuse of discretion in an
arbitrary wa,,": What we have now is "Special Exceptions". As it is written in the zoning
code." .. is to appiy to those cases ,.,,'here you ,.','ant a deviation from standards where
there is not an existing physica[ hardship" (which is what ti'to variance is
Traditionall, v. the vmiance mechanism is one of the most misused t. ools in .:he
books and in the zonmg toolbox. Variances are misused because people think that it
Planning Commission Meeting March 29. 2002 Page 5 of L2
means that you can vary any part of the zoning code - you can even vary the uses. The
variance in reality is a very narrow relief from a hardship exists on a property, not of an
individual's own doing.
For example: You have a lot in a piece of platted subdivision. You have the only
triangular lot. it was the residual piece of property. When you apply the setbacks that
everyone else can build under your lot doesn't have any buildable land left. Mr. Hugo
gave several other examples and stated that a variance applies to these types of
idiosyncrasies.
In places that don't like the discipline of working under the codes the variance
mechanism is so limiting that it doesn't provide any relief from political difficulties that
you have when you're doing code administration. The Special Exception was put in the
Bremerton Municipal Code some rime ago to allow' the Planning Director to get out of
political hotboxes. In ~k. Hugo's opinion this provision made the Planning Director too
powerful because it allowed the him/her to ~ant relief if someone couldn't fit into the
code requirements. Too arbitrary and not treating everyone equally.
One of the criteria for approval of the Special Exception is that you must show that the
property development will substantially benefit by the ~anting of the approval. If
someone is saying that they want less setback or more building height - of course the
development is going to benefit. You are = ' = ~ .
=om= to zet more on the site, it is a no brainer.
it is actually working against the whole intent of height limitations, setbacks, and tot
coverage and everything. The criteria are inherently contradictory to the whole intent of
the zoning code. Mr. Hugo stated that since he has been here in Bremerton, he has
refused to grant a single Special Exception. He said that he has talked to our attorneys
about it and they agree that the Special Exception mechanism is not good.
However, it would be nice to have something that is more objectively based. So, we are
proposing this PL02-0003, Plans~tn-Lieu. It's like submitting development plans in lieu
of following the prescriptive standards of the code. The hope is that we have crafted the
mechanism properly we could at least identify public benefits that would come out of this
deviation i-'rom standards and still stay within the realm of intent of the code.
He then read from the current proposal:
"By special use permit the heanng examiner may approve the development plans that
demonstrate benefits in the public interest .that exceed those that would accrue from
development as prescribed by the dimensional standards of the zone in which the project
is located. Deviations from the prescriptive standards of the code may only be approved
for the following dimensional standards: setbacks, landscaping, and sign regulations.
Proposed decision criteria are:
A Plan~tn-Lieu may' only be approved if it satisfies al__[ the ~'otlowing criteria:
l) Total site area within setback shall be equal to or exceed that created by adherence to
the standard setbacks,
2) Total area of landscaping shaii be equal to or exceed that created bv adherence to the
standard landscaping and buffer requirements:
5 ~ Total sign area shall be equal ro or [ess than the allowed sign area standard,
Planning Commission Meeting March 29. 2002 Page 6 of
4) There shall be finding of public benefit that is consistent with the goals and policies of
the Comprehensive Plan. Examples of public benefit include, but are not limited to:
a) reduction of setback adjacent to a street or other public fight-of-way in exchange
for increased setback from a development sensitive environment such as a
wetland or existing incompatible land use,
b) reduction of landscaping in one area to create a more useable or effective mass
landscaping area in another area,
c) an increase in the area of a single sig'n in consideration of limitations on the size
and number of si=mas otherwise allowed.
5) The development plan shall not be inconsistent with the intent of any provision of the
zoning code."
Mr. Hugo explained the following in regards to Plans-In-Lieu:
* Since the set-backs must be equal to or greater than those as prescribed by the
standard - this doesn't give the applicant more developable area. May be granted a
smaller setback on one side but they would have to compensate somewhere else on
the site. The overall building footprint cannot get bigger.
* Since the total amount of landscaping must be equal to or greater than that prescribed .,.
by the standard - you can't get less, there must be at least as much, even though it
may be in different places.
Mr. Hugo stated that he, as director, and the staff could follow these guidelines in
reviewing proposals that would go through an administrative review process.
He then asked the commission if they have discussed the Special Use Permit always
going through the Hearings Examiner or was it changed. He explained that there are two
Idnds: One is done administratively and the other goes through the public hearing process
to the Heanngs Exarmner. There was a short discussion on whether to have all Plans-In-
Lieu go through the Hearings Examiner or if the commission would relv on the other
criteria for all other Special Use Permits to apply to this as a Special Use Permit process.
Mr. Hugo explained how this works in the code:
Administrative Special Use Permits
We send notice to surrounding property owners
· Provisions in the notice for appeals
o This would then automatically go to public hearing before Heanngs Examiner
· There is discussion of changing this to a letter request to go before Hearings
Examiner
· The director, using his/her discretion at the beginning of the process and direct it to
the Hearings Examiner process.
Hearin~ Examiner
· Advertising for public hearing
· Appeals would go to court.
Mr. Hugo explained that this is how the zoning code is already set up for alt classes
Special permits.
Planning Commission Meeting >larch _9. _0 )_ Pa<e - of i 2
Commissioner Dingfield explained, for the benefit of the new commissioners that the
Hearings Examiner is a new function for Bremerton. The Planning Commission sat in a
quasi-judicial capacity by having the public hearings and make the decisions. The
applicants could then appeal to the City Council. Now the Hearing Examiner hears all
the quasi-judicial hearings, making the final decisions and the appeals would go to court.
Now the Planning Commission and City Council functions are to set the policy
perimeters under which both the Planning Department and the Hearing Examiner
operator.
Mr. Hugo explained that the Planning Commission makes all the legislative proposals in
the community development environment to the City Council. Ail plans and all proposed
ordinances to implement the Comprehensive Plan go through the Planning Commission
and as the City gets more proactive, I plan to propose that all capital programs come
through thc Planning Commission. Capital programs are the other part of
implementation - there is regulation and then there is spending. Then the Planning
Commission will certify all city capital progTams each year.
Mr. Hugo said that was the end of the staff report on the Plans-In-Lieu proposal and that
there was no letters on this proposal and no public comment.
Commissioner Dingfield asked if there were any questions from the commission. \
Commissioner Buckingham asked if there was a definitive language regarding what
makes a project important enough to put through the hearing process.
NIr. Hugo explained that no. He said that the only safeguard is the ability to appeal, and
there is still notice. We do the administrative process. If we did that without notice, it
would be a problem. Then that would be a decision made that no one was aware of until
it would be perfected and then be too late. The ability to appeal is an important
safeguard.
Commissioner Buckingham then asked if Mr. Hugo could give him some examples of
the Plans-In-Lieu (4 a and b).
N[r. Hugo gave the following examp{es:
l ) Example of 4 a) - A project in a commercial district with a landscape requirement
that puts a landscape edge between two adjoining commercial properties - there is
something about their operational issues [size of the parcel, the way they're trying
to accommodate parking, etc.] For this project they say thev need another foot to
meet the minimum parking standards. So they may use this provision to ask if they
can reduce their rear yard landscaping by one foot and we will do more than that
where we have some more visible landscaping up front, on the street OR on the side
property line. which is against a residential project.
The prescriptive standards would not allow this. The Plans-In-Lieu would give the
director the flexibility to access that this would be a win-win situation and allow
them to submit plans for as requested.
Example of 4 b! - A commerciai development with 20 tenants, stnp commercial
site. [n th~s development each business is allowed their own free-standing pole sign
Planning Commission .Meeting March 29.20{)2 Page S of L2
going down the street. Instead the developer of the whole project request to put in
one larger, free-standing monumental sign and everyone's identity goes into that
sign. So instead of having 20 signs marching down the street, you have just one
larger sign at the entrance.
Commissioner Dingfield asked if there were any further questions. She commented that
this gives discretionary power to the Planning Director, but it is power that is not
inconsistent with the other kinds of discretionary powers that the director has. It becomes
a normal exercise in judgment with an automatic ability for the public to request a
different type of hearing.
Commissioner Nelson commented that he agreed that the appeal process lends itself to a
fair way of handling it.
Commissioner Kennedy suggested a change in the language because it now implies that
it automatically goes to the Hearing Examiner. There was then a short discussion of
exactly how to revise it. As a result of the discussion, the first sentence should read as
follows, "By Special Use Permit, development plans may be approved that demonstrate
benefits in the public interest that exceed chose that would accrue from development aX
prescribed by the dimensional standards of the zone in which the project is located."
Mr. Hugo explained further that the thing that distinguishes Plans-In-Lieu from the
Special Exception - the Special Exception actuallv allowed ~eater utilization of property
than the zoning controls would allow. This does not allow more use of property. You
are allowed to use the site in different ways, but you cannot use more of it. You cannot
do less landscaping, you don't have less setback area. and you don't get more signage.
This is an important distinction - it does not deviate from the overall intent of the zoning
code.
Commissioner Dingfield asked if there were any other questions of the Mr. Hugo.
Seeing none, she opened PL02-0003 to the public for any comments of a neutral, positive
and/or negative nature. Seeing none. she closed the hearing to the public and opened it ro
the commission for deliberation and determination.
Commissioner Kennedy stated that in her opinion it is absolutely critical that we have
something in place that allows t'iexibility with some of the plans - but not so flexible that
it is perceived that there are no zoning ordinances, which has been the case in the past.
This also allows for public comment. This provision will be very important as we get
more commercial infill in the downtown area, and redoing some of strip malls. She said
she thought this would be a great thing because we can see a lot of landscaping - no more
footpnnt but maybe we could have more landscaping and buffenng. Commercial areas
from the residential areas have always been an issue while trying to do commercial
development. This xvill be a wonderful tool that the Planning Department can use ro
make it a win-win situation for the developers and their neighbors.
Commissioner Wood said that she thought this is a very logical text and that it makes
sense for people to be creative in a positive way to improve the community. This is a
good thing.
PIannin~ Commission Meetin,~ March -c~
~ ~ .... 00, Page 9 of
Commissioner Dingfield stated that this is still keeping developments within the intent
of the zoning ordinances. This is not allowing deviations outside those, just allowing
more creative ways of using the same things. She also said that giving the director this
kind of discretion is not out of line at all, but is in fact part or his/her job.
Commissioner Nelson said that every piece of property certainly doesn't have the
perfect footprint and he thought that this provision will allow us some flexibility. He
believes that this will encourage people to develop properties that are not perfect and
gives us some discretion. The appeals process makes it fair for both the City, the
developers and private citizens that want to build.
A motion was made by Commissioner Nelson that PL02-0003, the Plans-In-Lieu, be
approved as modified. The motion was seconded by Commissioner Kennedy.
Called for the question: Buckingham: yes; Cockburn: yes; Dingfield: yes; Kennedy: yes:
Nelson: yes; and Wood: yes. The motion carries.
VI. Business Meeting
A. Chair Report:
1. No report from the chairman,
B. Director's Report
Mr. Hugo gave a brief Director's Report:
1. Comprehenxive Plan Process - Staffin_* The department still doesn't have enough staff.
We are still overloaded on the current planning side. The building side of the department
fine and housing and block grant is fine. The planning side is still weak. He stated that he
has received a commitment from the Mayor to add another two staff. He thinks it is great
we can build up the capacity of the Planning Department to support the goals and the
mission that the Commission has. Getting those people on board is still a challenge - we're
tooMng for the Planning Manager and a long-range planner. In the interim we will trying
to keep Jim Svensson around, even though he is in retirement. The part time schedule
seems to be working for him and us.
2. New Zonina Amendment - Senior Housina in the City This new zoning amendment
would allow senior housing in the City under different standards than regular multi-family
or regular sub-divisions. Many communities have provisions like this to vary some
standards like the number of parking stalls, availability of other facilities - to allow senior
housing into environments that wouldn't normally allow multi-family housing as long as it
doesn't interfere with the character of the surrounding neighborhood.
3. Request to have City Council Suspend C,,nprehe~sive P!an Amendments The City
Attorney is worbang on a formal request to the City Council for some action by the end of
the month. There has been some claim that on the first of April the amendment cvcte
officially starts - we cannot find any written record ~hat there is any official start date.
request ',,,'ill ask the Council to take an action that ',.viii ~ake c~e of whatever histor,: r. hat
Planning Commission Meeting March 29. 2002 Page [0 of [ '
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing and First FOR AGENDA OF: May 29, 2002
Reading of an Ordinance regarding ORIGINATING DEPT: Police Department
Animal Control and Contract with ORIGINATOR: Chief Rob Forbe~
Kitsap Humane Society DATE SUBMITTED: May 21, 2002
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
Ordinance
Admin Svcs ~ ~u~_~ ~ Contract
~/~.~_~~~ Comparison Sheet
Attorney
Fiscal/Budget ~ ~/~'. ~
Operations"
ENDORSEMENT INFORmaTION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
YOR couNcIL RESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City Administration has been working with the Kitsap Humane Society for over six
months developing a revamped Animal Control Title and related contract for animal control
services for the citizens of Bremerton. This proposal includes several elements of
change: t)the Society will provide all animal control services including 2 FTE patrols
for impoundment/rescue, Society facilities for intake, kenneling, licensing, adoptions
and education; 2) Dangerous dog laws have been clarified and the hearing process
streamlined; 3) license fees for un-neutered dogs and cats wlll increase to $35/yr; and
4) Direct costs will increase $40,000 per year from the present city program but include
capital facility needs that the City will need to address if we retain animal control.
8. RECOMMENDATION:
1} Move to ap~ro~e ordinance replacing Title 7 ~ulimal Control of the BMC on first
reading, ~ ~{~.
2} Move to pass Ordinance # on second reading.
3) Move to approve the contract with Kitsap Humane Society.
9. RESPONSIBLE OFFICIAL: Police Chief
ENFORCEMENT OFFICIAL: Police Chief
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION ~ ~
PULLED TABLED APPROVED DISAPPROVED~ ~DED
COUNCIL DIRECTIVE: 0ATE:
!!. AGENDA BiLL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
City program for animal control will be retained.
6 Tlt~O'Ar'~m r~t~ CmA'~"~'TI~J~_ D. rTnfL'_~mq 'F'Af"TTTmT'F'q ~0rTTPM~t~m ~ nTRR~ RESOUSCR~
Net increase of $40,000 per year for animal centrel.
7. RESEARCH SOURCES
ORDINANCE NO.
AN ORDINANCE of the City Council of' the City of'
Bremerton, Washington, amending Rate Tables A and D of
Chapter 3.01 of the Bremerton Municipal Code updating
Administrative Services and Police Department Rate Tables;
repealing and replacing Chapter 5.04 of the Bremerton Municipal
Code relating to petshops and kennels; and repealing and replacing
Title 7 of the Bremerton Municipal Code relating to animals and
fowl.
WHEREAS, the current provisions of Chapter 3.01 of the Bremerton
Municipal Code relating to Rates and Fees were adopted by the City Council; and
WHEREAS, the City Council desires to update the rates and fees for
Administrative Services and the Police Department; and
WHEREAS, the current provisions of Chapter 5.04 of the Bremerton
Municipal Code relating to pet shops and kennels results in many animals being sold with
out the owners ever obtaining a license for the animal; and
WHEREAS, the current provisions of Title 7 of the Bremerton Municipal
Code relating to animals and fowl results in ineffective responses to complaints regarding
animals in the community; and
WHEREAS, the City Council desires to update the provisions of Chapter 5.04 and
Title 7 of the Bremerton Municipal Code in order to make the City's animal control enforcement
activities more efficient; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
1
Animal Control
60
SECTION 1. Chapter 5.04 of the Bremerton Municipal Code entitled "Pet Shops
and Kennels" is hereby repealed in its entirety and there is hereby created a new Chapter 5.04
entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities," to read
as follows:
CHAPTER 5.04
COMMERCIAL PET FACILITIES, GROOMING PARLORS AND ANIMAL WELFARE FACILITIES
Sections:
5.04.010 Definitions
5.04.020 License required
5.04.010 Definitions
(a) "Animal welfare facility" means any indoor or outdoor facility where pets are
routinely housed or maintained by or for an animal welfare organization.
(b) "Animal welfare organization" means any public or private organization registered
with the Washington Secretary of State's Office as a not-for-profit organization, whether called a
kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and
representatives when acting in the name or on behalf of the organization that controls, rescues,
shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
(c) "Commercial pet facility" means any place or entity where pets are boarded or bred
for the primary purpose of compensation, or where pets are housed for resale, such as pet shops,
but not including a veterinary hospital where boarding is incidental to treatment.
(d) "Grooming parlor" means any place or entity, public or private, stationary or mobile,
where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and
for which a fee is charged.
(e) "Pet shop" means a commercial establishment that acquires pets for the purpose of
resale.
5.04.020 License required
Animal Control
(a) License required. Commercial pet facilities, grooming parlors, and animal welfare
facilities shall be licensed annually or no less than thirty calendar days prior to commencement
to operation.
(b) License expiration. Licenses issued under this section shall expire one calendar year
from the date of issuance.
(c) License fees. License fees are as follows:
(1) Commercial pet facility- $150.00 per location;
(2) Grooming parlors - $50.00 per location; provided, if the grooming parlor is
operated at the same location as a commercial pet facility or by the owner or operator thereof,
this license fee shall not be collected.
(3) Animal welfare facilities - $50.00 per location.
(d) Additional license fee. If all license requirements are not met by the designated
renewal date, there shall be an additional license fee of $50.00 per location for commercial pet
facilities and grooming parlors. There shall also be an additional fee of $25.00 for new or
first-time applications.
(e) License application. A license applicant shall provide the following to the animal
control authority for each commercial pet facility, grooming parlor, or animal welfare facility
location:
(!) Name, address, and telephone number of the owner or operator of the facility
and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and nature
of the contemplated operation; and
(3) A written statement from the City's department of community development
or other satisfactory proof that the contemplated operation conforms to the county's zoning
regulations.
(f') License issuance. The animal control authority shall issue the license or renewal
thereof if the license fee is paid, if the application meets the requirements of subsection (e), and
if, upon inspection, the operation or contemplated operation meets or will meet the requirements
found in BMC 7.08.030 (b), (c) or (d) as appropriate. The license shall contain its date of
expiration and shall be prominently displayed at the place of operation. For license renewals, the
{e ~ ,4nimal Control
license applicant shall meet the above requirements no less than thirty calendar days prior to the
date of expiration of the existing license.
As part of a commercial pet facility license, the licensee shall be required to collect the
licensing fee indicated in BMC 3.01.050 from any individual, with a City of Bremerton address,
purchasing a dog or cat from the commercial pet facility. The purchaser of the dog or cat must
provide the following information:
(1) Date of issuance;
(2) Type of animal, age, color(s), sex, breed/mix, distinguishing characteristics,
and whether the animal is spayed or neutered; and
(3) The name, address, and telephone number of the owner of the animal;
The commercial pet facility shall remit the license fees and owner information to the Animal
Control Authority on a monthly basis. Thereafter, the City will mail a prepaid license to the new
owner.
SECTION 2. Title 7 of the Bremerton Municipal Code entitled "Animals and
Fowl" is hereby repealed in its entirety and there is hereby created a new Title 7 entitled
"Animals", to read as follows:
Title 7
ANIMALS
Chapters:
7.04 Generally
7.08 Licensing and Licensing Requirements
7.10 Impoundment and Quarantine
7.12 Dangerous Animals
7.14 Misdemeanors, Infractions and Penalties
7.16 Stock Restricted Areas
Chapter 7.04
GENERALLY
Animal Control
Sections:
7.04.010 Declaration
7.04.020 Definitions
7.04.030 Authority to Animal Control Authority.
7.04.040 Animal control zone established
7.04.050 Construction
7.04.010 Declaration
The ordinance codified in this title is enacted to enhance the public health, safety, welfare
and convenience through the regulation of animal behavior to the end that offensive animal
behavior will be reduced or eliminated. Furthermore, this title contains standards for the use, care
and treatment of animals to the end that cruelty to animals will be reduced or eliminated.
7.04.020 Definitions.
The terms defined below have the meanings that follow unless the context in which they
are used clearly indicates a different meaning:
(a) "Adequate food and water" means food or feed appropriate to the species for which it
is intended. Both food and water must be in sufficient quantity and quality to sustain the animal,
and should be in containers designed and situated to allow the animal easy access.
(b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the
animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry,
and by application does not cause the animal injury, disfigurement, or physical impairment.
(c) "Adult cat" means a cat more than six months of age.
(d) "Adult dog" means a dog more than six months of age.
(e) "Animal control authority" means the Bremerton Police Department, Kitsap Animal
Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to
enforce the City's animal control provisions.
(f) "Animal welfare facility" means any indoor or outdoor facility where pets are
routinely housed or maintained by or for an animal welfare organization.
(g) "Animal welfare organization" means any public or private organization registered
with the Washington Secretary of State's Office as a not-~br-profit organization, xvhether called a
Animal Control
kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and
representatives when acting in the name or on behalf of the organization that controls, rescues,
shelters, cares for, or disposes of pets as all or part of the purpose of the organization.
(h) "At large" means an animal that is off the premises of the owner and not under
physical restraint adequate for its size and nature or is sufficiently near its owner to be under its
owner's direct control and is obedient to its owner's commands, except that all dogs must be
leashed when off the premises of the owner.
(i) "Commercial pet facility" means any place or entity where pets are boarded or bred
for the primary purpose of compensation, or where pets are housed for resale, such as pet shops,
but not including a veterinary hospital where boarding is incidental to treatment.
(j) "Dangerous Animal" means any pet or livestock that:
(1) Inflicts severe injury on a human being without provocation on public or
private property;
(2) Kills a domestic animal without provocation while the attacking animal is off
the owner's property; or
(3) Has been previously found to be potentially dangerous, because of injury
inflicted on a human, the owner having received notice of such and the Animal again
aggressively bites, attacks, or endangers the safety of humans, pets, or livestock.
(k) "Feral cat" means any cat that has no apparent owner or identification and is
apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled.
(1) "Grooming parlor" means any place or entity, public or private, stationary or mobile,
where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and
for which a fee is charged.
(m) "Hearing examiner" means the Municipal Hearings Examiner established under
BMC 2.62.
(n) "Hybrid(s)" means the offspring of two animals of different species, such as the
offspring resulting from breeding a domesticated dog (Canis familiaris) with a wolf (Canis
lupus).
(o) "Impoundment" means when an animal is placed under the control or custody of the
animal control authority.
(p) "Juvenile cat" means a cat seven weeks to six months of age.
6
~ .4nimal Control
(q) "Juvenile dog" means a dog seven weeks to six months of age.
(r) "Livestock" means animals including, but not limited to, all equine (horse, nmle),
bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca),
ratitae (ostrich, emu, rhea), domesticated poultry, game birds and waterfowl (as authorized by
the State of Washington), or federally-permitted fowl and other pen raised fowl, or other animals
raised primarily for use as food or fiber for human utilization or consumption.
(s) "Owner" means any person or entity which controls, maintains, possesses, has
custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment
in such a manner as to control an animal's activities.
(t) "Pet" means any animal maintained by a person or entity for the primary purpose of
personal enjoyment, exhibition, companionship or service including, but not limited to,
domesticated animals, such as cats and dogs, and non-domesticated animals suitable to living in
companionship with humans, such as some birds and mammals.
(u) "Pet shop" means a commercial establishment that acquires pets for the purpose of
resale.
(v) "Potentially dangerous animal" means any animal that when unprovoked:
(1) Inflicts a bite(s) on a human, pet, or livestock either on public or private
property;
(2) Chases or approaches a person upon the streets, side-walks, or any other
public grounds or private property in a menacing fashion or apparent attitude of attack; or any
animal;
(3) With a known propensity, tendency, or disposition to attack unprovoked, or to
cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or
private property.
(w) "Provoke" means to intentionally agitate, harass, or excite an animal.
(x) "Service dogs" means any guide or signal dog individually trained to provide
assistance to an individual with a disability or that serves public or tribal law enforcement, as
well as any dog enrolled in a recognized formal training program for those types of services.
(y) "Severe injury" means any physical injury that results in broken bones or disfiguring
lacerations requir/ng multiple sutures or cosmetic surgery.
7
, Animal Control
(z) "Wheeled vehicle" means any wheeled conveyance intended for use as a means of
transport of persons or goods.
7.04.030 Authority to Animal Control Authority.
(a) The City grants to the animal control authority the authority within RCW
Chapters 16.08, 16.10 and 16.52, and further vests in the animal control authority the primary
responsibility for animal control and for sccu~ng compliance with this title.
(b) Employees of the animal control authority over the age of twenty-one, who are
commissioned as Washington Humane Officers by the Superior Court, may be commissioned as
special officers by the Police Chief. When so commissioned, the officer shall thereby be charged
with the enforcement of all ordinances, statutes and regulations relating to the care, treatment,
control, impoundment, and licensing of animals. Such commissions may be issued and revoked
in the discretion of the Police Chief.
7.04.040 Animal control zone established
All of the area within the city limits of Bremerton is declared to be a single animal
control zone.
7.04.050 Construction
This title shall be liberally interpreted and construed to secure the public health, safety,
morals and welfare and the rules of strict construction shall have no application.
Chapter 7.08
LICENSES AND LICENSING REQUIREMENTS
Sections:
7.08.010 Cat and dog licenses
7.08.020 Cat and dog license procedure
7.08.030 Commercial pet facilities, ~ooming parlors and animal welfare facilities.
7.08.010 Cat and dog licenses.
8
{o'~ .4nimal Control
(a) Am~ual license. All dogs and cats shall be licensed annually or within thirty calendar
days from the date the owner acquires the animal or takes up residence in the City of Bremerton.
(b) License expiration. Cat and dog licenses shall expire one calendar year from the date
of issuance.
(c) Cat and dog license fee. License fees are set pursuant to BMC 3.01.050.
(d) Additional license fee. Licenses notrenewed by the designated renewal date shall be
assessed an additional lice~_se fee of $10.00; provided, there shall be no additional license fee
where:
(1) The applicant has owned the cat or dog for less than thirty calendar days; or
(2) The applicant has resided in the city for less than thirty calendar days.
(e) Exemptions from license fees. The following are exempt from license fees:
(1) Cats and dogs in the temporary custody of a veterinarian or animal welfare
organization whose owners are unknown;
(2) Cats and dogs owned, and available for retail sale, by the owner or operator of
a licensed commercial pet facility; or
(3) Service dogs.
(f) Maximum number of household pets. Not more than the accumulative total of four
(4) of the following animals may be kept in conjunction with each permitted dwelling:
(1) Dogs, cats and ferrets over the age of six (6) months.
(2) Rabbits and similar animals over the age of three (3) months.
(3) Pigeons over the age of three (3) months.
7.08.020 Cat and dog license procedure.
(a) Issuance of licenses. The City Treasurer, animal control authority, or the authorized
agents thereof shall issue licenses pursuant to Sections 7.08.010, as specified in this section.
(b) Contents of license. The license shall contain the following:
(1) Date of issuance and date of expiration;
(2) A serial number;
(3) Type of animal, its name, age, color(s), sex, breed/mix, distinguishing
characteristics, and whether the animal is spayed or neutered;
(4) The name, address, and telephone number o f the owner ol~ the animal;
9
~8 ,4nimal Control
(5) Permanent identification number or marking, such as microchip implant, if
applicable.
(c) License tag.
(1) With each license, the owner shall receive a license tag that shall contain the
serial number that corresponds to the serial number on the license and the date of license
expiration.
(2) The license tag need not be worn by the licensed cat or dog in a hunt or
sanctioned cat or dog show or while engaged in formal, recognized training. A microchip
implant may replace a license tag, provided that the license is renewed annually and the annual
license fee is paid.
(d) Transferability of licenses. Licenses are not transferable from one cat or dog to
another, but may be transferred from an original owner to a new owner; provided, that the new
owner records the transfer with the licensing agent within fourteen calendar days, pays a transfer
charge as provided for in BMC 3.01.050, and assumes responsibility for all future license fees
while maintaining ownership of the cat or dog.
(e) Lost tags. Lost license tags may be replaced by a substitute license or tag upon
application to the City Treasurer, the animal control authority, or their authorized agents thereof
and payment of a replacement charge, as provided for in BMC 3.01.050.
7.08.030 Commercial pet facilities, grooming parlors and animal welfare facilities.
(a) License required. Commercial pet facilities, grooming parlors, and animal welfare
facilities shall be licensed pursuant to BMC 3.01, BMC 5.03 and BMC 5.04.
(b) Operation requirements for commercial pet facilities and animal welfare facilities:
(1) Adequate food and water for each species, pursuant to Section 7.04.020(1),
and proper habitat and medical attention, if needed, shall be provided during normal business
hours and when the facilities are not open for business;
(2) Food shall be stored in a fashion that prevents contamination or infestation;
(3) The facilities shall be maintained and operated in a healthful and sanitarv
manner, free fi.om disease, infestation, and foul odors;
(4) Sick animals shall be isolated from healthy ones in quarters adequately
ventilated to prevent contamination of healthy animals;
10
~ Anitnal Control
(5) Sick or injured animals shall receive appropriate medical treatment by or
under the auspices of a licensed veterinarian. Records shall be maintained reflecting treatment,
care, dates of veterinary visits, and the name of the veterinarian and veterinary clinic providing
treatment. Sick or injured animals shall not be sold, bartered, or otherwise transferred from a
commercial pet facility or animal welfare facility to a new owner until the illness or injury is
substantially healed, unless such transfer is to an animal welfare organization that assumed all
responsibility for providing the appropriate medical treatment;
(6) Cats and dogs shall receive age-appropriate vaccines and anthelmintics.
Records of such shall be maintained for each animal and made available to the animal control
authority and the Bremerton-Kitsap County Health District, including the name and address of
the attending veterinarian, if applicable;
(7) A copy of all medical records including, but not limited to, the records
described in subsections (5) and (6) shall be provided to new owners at the time the ownership of
the animal is transferred, or to the animal control authority upon request.
(c) Facility and individual housing and habitat requirements for commercial pet
facilities and animal welfare facilities:
(1) Indoor and outdoor animal housing facilities shall be in good repair, protect
the animals from injury, and shall provide sufficient security to contain the animals while
preventing entry by unwanted animals. Also, the habitat shall provide species-specific
requirements including, but not limited to, temperature, humidity, and light.
(2) Indoor facilities shall:
(i) Provide the animal with adequate space for movement and ability to
sit, lie, stand, and stretch without touching the sides or top of housing;
(ii) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(iii) Be adequately ventilated;
(iv) Have interior walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture or odors;
(v) Have flooring with a surface that can be sanitized and treated to
minimize ~owth of harmful bacteria:
ll
70 ~4nimal Control
(vi) Have a waste collection and removal system that facilitates cleaning
and permits maintaining the facility in a sanitary condition; and
(vii) Have available a washroom with sink for hot and cold nmning water.
(3) Outdoor facilities shall:
(i) Provide adequate shelter and protection from adverse weather;
(ii) Provide sufficient room for adequate exercise and movement; and
(iii) When no indoor facility is available, outdoor facilities shall also:
(iv) Have flooring with a surface that can be sanitized and treated to
minimize growth of harmful bacteria;
(v) Have a waste collection and removal system that facilitates cleaning
and permits maintaining the facility in a sanitary condition; and
(vi) Have available a washroom with sink for hot and cold running water.
(d) Operation and facility requirements for grooming parlors. Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to prevent injury while being groomed;
(3) Sterilize grooming equipment after each use;
(4) Not leave animals unattended when placed before a dryer;
(5) Not prescribe or administer treatment or medicine or otherwise engage in
veterinary practice as defined in RCW 18.92.010;
(6) Not confine more than one animal in the same cage unless so requested by the
owner of the animals;
(7) Be structurally sound and in good repair, designed to protect the animals from
injury, and provide sufficient security to contain the animals while preventing entry by unwanted
animals;
(8) Have grooming and animal containment areas with walls, ceilings and floors
that are sealed and resistant to absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular basis.
(e) Inspections. The animal control authority shall inspect existing or proposed
commercial pet facilities, animal welfare facilities~ and grooming parlors in connection with its
licensing investigation and when inspections are necessary to ensure compliance with this title.
Such inspections shall be made during regular business hours.
12
7[ .4nimal Control
Chapter 7.10
IMPOUNDMENT AND QUARANTINE
Sections:
7.10.010 Impounding, redemption, and disposition of pets and/or livestock.
7.10.020 Quarantine.
7.10.010 Impounding, redemption, and disposition of pets and/or livestock.
(a) Impounding pets and/or livestock. Pets and/or livestock may be impounded in the
following situations:
(1) When the animal is at large;
(2) When the animal has been subjected to cruel treatment as defined by RCW
Chapter 16.52;
(3) When the animal has injured or bitten a person or other animal, and/or where
the animal poses a threat to people or other animals;
(4) When the animal is found in violation of any restrictions imposed by a court,
animal control authority or hearing examiner, relating to potentially dangerous animals; or to
Section 7.12.030 relating to Dangerous animals.
(5) When the animal is found in violation of Section 7.14.030(3) pertaining to
animal noise, after two written warnings to the owner within a calendar year;
(6) When the animal is found within the City limits and has previously been
declared to be a dangerous animal by a court, animal control authority or hearing examiner.
(b) Place and manner of impoundment. Pets and livestock shall be impounded in the
place and manner designated by the animal control authority.
(c) Authority to pursue. Animal control authority employees may pursue pets or
livestock running at large onto City-owned property, vacant property and unenclosed private
property to seize, remove, and impound such animals. This shall not restrict the animal control
authority to pursue/impound an animal pursuant to RCW Chapter 16.52.
(d) Notice to owner. Forthxvith fbllowing impoundment, the animal control authority
shall notify the owner of the animal of its impoundment; provided, if the owner of the animal is
13
7,~, Animal Control
unknown, the animal control authority shall make reasonable efforts to notify the owner of the
impoundment.
(e) Redemption of impounded animals.
(1) Pets may be redeemed upon payment of an impound fee, a boarding fee, and
any appropriate license fees. All fees shall be charged per animal handled by the animal control
authority.
(i) The impound fee is $25.00, which amount shall double with each
offense. For example: $25.00, first offense; 50.00, second offense; $100.00, third offense.
(ii) The boarding fee shall be $15.00 per day.
(2) Livestock may be redeemed upon payment of an impound fee, a boarding fee,
and, if impounding requires special transportation, a special transportation fee. All fees shall be
charged per animal handled by the animal control authority.
(i) The impound fee is $50.00, which amount shall double with each
offense. For example: $50.00, first offense; $100.00, second offense; $200.00, third offense.
(ii) The boarding fee is 20.00 per day.
(iii) The special transportation fee is $75.00 per trip.
(f) Disposition of impounded animals not redeemed.
(1) When a pet is not redeemed, no sooner than ninety-six hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or euthanize the animal.
(2) When livestock is not redeemed, no sooner than seventy-two hours following
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or may commence to auction the animal to the highest bidder
that can provide the animal with a suitable environment, or euthanize the animal. Notice of the
auction and a description of the livestock to be auctioned shall be published at least seven
calendar days prior to the sale in the official county newspaper. Such notice shall also be mailed
to the owner of the livestock, if known.
(3) When a feral cat is not redeemed, no sooner than twenty-four hours tbllowing
impoundment, the animal control authority may give or adopt the animal to an animal welfare
organization or qualified person, or euthanize the animal.
14
~ ~4nimal Control
(g) Disposition of sick or injured impounded animals. Sick or injured impounded
animals may be euthanized in accordance with RCW 16.52.210.
7.10.020 Quarantine.
A pet or livestock that bites and breaks the skin of any person may be impounded by the
animal control authority and, if impounded, shall be quarantined for ten calendar days to
determine if the animal is infected with a disease. The place of quarantine shall be established
by the animal control authority. The animal control authority may, in its discretion, allow the
owner of the animal to maintain the quarantine. Any boarding fees incurred during the
quarantine shall be paid by the owner of the animal. During the quarantine, the animal shall not
have contact or access to any person or any other pet or livestock other than with the owner of
the animal or animal control authority employees.
Chapter 7.12
DANGEROUS ANIMALS
Sections:
7.12.010 Potentially dangerous animals
7.12.020 Failure to control an animal declared potentially dangerous
7.12.030 Dangerous Animals.
7.12.040 Failure to control an animal declared dangerous
7.12.010 Potentially dangerous animals.
(a) Declaration of an animal as potentially dangerous. The animal control authority shall
have the authority to declare and restrict an animal potentially dangerous, if the animal control
authority has probable cause to believe that the animal falls within the definitions set forth in
Section 7.04.020(22). The declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.020(22);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law entbrcement officer: or
15
'7~ .4nimal Control
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared potentially dangerous if the animal
control authority determines, by a preponderance of the evidence, that the threat, injury, or bite
alleged to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Restrictions. The animal control authority may impose any or all of the following
restrictions on an animal to protect the public safety or other animals:
(1) Training. The animal control authority may require the owner of the
potentially dangerous animal and the animal to attend, complete, and pay all costs associated
with an accredited obedience/training class or seminar. The animal control authority shall
of such training shall be provided to the animal control authority upon completion, even if such
type of training has been completed by the animal in the past.
(2) Restraint. The animal control authority may require the owner of the
potentially dangerous animal to muzzle, leash, collar, confine, lock, isolate, or remove the animal
from the county, or any combination of the foregoing.
(3) Indemnification. The animal control authority may require the owner of the
potentially dangerous animal to prove purchase of liability insurance or bond and renewals in the
amount of $50,000.00 or more, as set by the animal control authority. The insurer/bond issuer
must be qualified under Title 48, RCW, and must provide coverage/funds to offset any injuries
inflicted by the potentially dangerous animal. All costs associated with the insurance/bond must
be paid bythe insured. [°dDZ4,/~CL_ ~.t, qlcoV'S ~
(4) Registr¢on. The anin)fil con!.rol aut}~rity may requ!r~ the owner of the
potentially dangerous aniffhal to register/nnuall; or up//6n relocation toffie city and to p32~ a
registrati°n fee t° c°v7 the c°sts °f afl/annual and p/rio_Sic unann°y/r~ed c°ntainmey/
inspection(s). A cuTent color, side/!X-ont_~ photogra}ih of the animal/may( also be
required.
10
7 ff Animal Control
(5) Warning. The animal control authority may require the owner of a potentially
dangerous animal to post all entrances to any property where such animal is located with such
visible warning sign(s) as the animal control authority deems necessary.
(6) Financial responsibility. The animal control authority may require the owner
of a potentially dangerous animal to pay any costs associated with enforcement of this section
including, but not limited to, those stated above.
(d) Prohibited ownership. No person(s) under the age(s) of eighteen years old shall own
a potentially dangerous animal, as defined in Section 7.04.020(22).
(e) Notice of animal control authority declaration. If the animal control authority
receives a report of a potentially dangerous animal, it shall immediately initiate an investigation
including, but not limited to, interviewing the complainant(s), interviewing the owner of the
animal, if known, and observing the animal. Upon completion of its investigation, if the animal
is declared potentially dangerous, the animal control authority shall prepare a written declaration.
The declaration shall-include, but is not limited to, a description of the animal,~the nan~e and
address of the owner of the animal, if known, a brief summary of the facts upon which the
declaration is based, a statement of any restrictions placed on the animal or owner as a
consequence of the declaration, a statement of the penalties for further violations, and notice of
the right to appeal the declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g) Appeal to hearing examiner. The owner of an animal declared potentially dangerous
shall have fourteen calendar days from receipt of the written declaration to appeal the declaration
to the City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of
receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings
Examiner shall schedule an appeal hearing before the hearing examiner and provide written
notice of the hearing to the owner of the potentially dangerous animal, the animal control
authority, and the hearing examiner.
(h) Hearing before hearing examiner. At the appeal hearing betbre the hearing examiner,
the animal control authority shall have the burden of proving that the animal is potentially
17
'Ti_ .4 nitnal Control
dangerous by a preponderance of the evidence. The owner of the animal may present evidence
in defense of the animal. The hearing examiner shall weigh the evidence presented by both the
animal control authority and the owner (if applicable), and shall issue a written decision to the
appealing animal owner and animal control authority that either sustains or reverses the animal
control authority's declaration. If the declaration is sustained or reversed by the hearing
examiner, the appealing animal owner or the animal control authority shall be notified of the
right to appeal, If the declaration is reversed and an appeal is not timely filed by the animal
control authority, any restrictions on the animal previously imposed shall be annulled.
(i) Appeal of hearing examiner's decision. Either the owner of an animal declared
potentially dangerous by the authority or the animal control authority itself may appeal the
decision of the hearing examiner. A written appeal shall be filed with the clerk of the Superior
court within fourteen calendar days after the date of the hearing examiner's written decision.
(j) Change of ownership, custody, and/or residence. Owners of an animal that has been
declared potentially dangerous who sell, barter, or otherwise transfer the ownership, custody, or
residence of the animal shall, within fourteen calendar days of the change, inform the animal
control authority in writing of the name, address, and telephone number of the new owner, and/or
the address of the new residence where the animal is located. Such notice shall also include the
name, description, and license number of the animal. In the event the ownership and/or custody
of the animal changes, the owner shall notify the new owner in writing of the details of the
animal's record relating to being declared potentially dangerous and the terms and conditions of
the declaration. The owner shall also provide the animal control authority with a copy of the
written notification that shall contain a notarized statement by the new owner acknowledging
receipt of the original notification.
(k) Failure to abide by restraints. Failure on the part of the owner(s) of a potentially
dangerous animal to abide by the restraints placed upon the owner(s) or their animal by the
animal control authority, hearing examiner, district court, or superior court may result in
impoundment of the potentially dangerous animal by the animal control authority as well as
further punitive action pursuant to Section 7.12.020.
7.12.020 Failure to control an animal declared potentially dangerous.
18
'l'~ ~4nimal Control
(a) Misdemeanor. When an animal has been previously declared potentially dangerous,
by a court, animal control authority or hearing examiner, the owner of the potentially dangerous
animal shall be guilty of a misdemeanor if such animal is thereafter found:
(1) At large;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock
either on public or private property;
(3) To have chased or approached a person upon the streets, side-walks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans, pets,
or livestock. This section shall not preclude immediate criminal prosecution under RCW
16.08.100 in a first bite situation causing severe injury or death of any human.
(b) Impoundment of potentially dangerous animals. In the event that a potentially
dangerous animal is impounded due to the owner's failure to abide by the restraints imposed by
the animal control authority, hearing examiner, district court, superior court or Municipal court, a
hearing shall be set within seven calendar days by the hearing examiner to determine whether the
animal should be returned to the owner, forfeited by the owner, or euthanized by the animal
control authority. Notice of the hearing shall be as provided in Section 7.12.010(f). In the event
that the hearing examiner determines that the animal should not be returned to the owner, the
animal control authority may adopt or give the animal to an animal welfare organization or
qualified individual, or euthanize the animal. An owner may prevent the animal's destruction or
adoption by taking the following steps within seven calendar days of the hearing examiner's
decision:
(1) Petitioning the superior court for the animal's immediate return subject to
court-imposed conditions; and
(2) Posting a bond or security in an amount sufficient to provide for the animal's
care for a minimum of thirty calendar days from the seizure date.
If the animal control authority still has custody of the animal xvhen the bond or security
expires, the animal shall become the animal control authority's property unless the court orders
an alternative disposition. If a court order prevents the animal control authority from assuming
19
~ ~ ~4nimal Control
ownership and it continues to care for the animal, the court shall order the owner to renew a bond
or security for the continuing costs for the animal's care.
7.12.030 Dangerous animals.
(a) Declaration of an animal as dangerous. The animal control authority shall have the
authority to declare an animal as dangerous, if the animal control authority has probable cause to
believe that the animal falls within the definitions set forth in Section 7.04.020(10). The
declaration must be based upon:
(1) The written complaint of a citizen who is willing to testify that the animal has
acted in a manner which causes it to fall within the definition of Section 7.04.020(10);
(2) Animal bite reports filed with the animal control authority;
(3) Actions of the animal witnessed by any employee of the animal control
authority or law enforcement officer; or
(4) Other substantial evidence.
(b) Exclusions. An animal shall not be declared dangerous if the animal control
authority determines, by a preponderance of the evidence, that the threat, injury, or bite alleged
to have been committed by the animal was sustained by a person who was at the time
committing a willful trespass or other tort upon the premises occupied by the owner of the
animal, or who was tormenting, abusing, or assaulting the animal, or who had been in the past
observed or reported to have tormented, abused, or assaulted the animal, or who was committing
or attempting to commit a crime.
(c) Possession unlawful. It shall be unlawful to possess an animal, inside the City Limits
of Bremerton, that has been declared to be dangerous by any agency, animal control authority,
municipality or court. This prohibition on possession does not apply to the animal control
authority or police department. It is a Gross Misdemeanor to violate this provision.
(d) Euthanasia. If the animal control authority determines that the restrictions placed on
the ownership of dangerous dogs/animals by RCW 16.08 or other applicable state statutes are
insufficient to protect the public from a particular animal declared dangerous, the animal control
authority may order the animal euthanized.
(e) Notice of animal control authority declaration. If the animal control authority
receives a report of a dangerous animal, it shall immediately initiate an investigation including,
2O
7~ ~4nimal Control
but not limited to, interviewing the complainant(s), interviewing the owner of the animal, if
known, and observing the animal. Upon completion of its investigation, if the animal is declared
dangerous, the animal control authority shall prepare a written declaration. The declaration shall
include, but is not limited to, a description of the animal, the name and address of the owner of
the animal, if known, a brief summary of the facts upon which the declaration is based, a
statement of any restrictions placed on the animal or owner as a consequence of the declaration,
a statement of the penalties for further violations, and notice of the right to appeal the
declaration.
(f) Service of notice of declaration. The animal control authority shall personally serve
or send by certified mail its declaration to the owner of the animal. If the owner is unknown, the
animal control authority shall make reasonable efforts to notify the owner of its written
declaration.
(g) Appeal to heating examiner. The owner of an animal declared dangerous shall have
fourteen calendar days from receipt of the written declaration to appeal the declaration to the
City of Bremerton Municipal Court Hearings Examiner. Within seven calendar days of
receiving the written notice of appeal, the City of Bremerton Municipal Court Hearings
Examiner shall schedule an appeal hearing before the hearing examiner and provide written
notice of the heating to the owner of the dangerous animal, the animal control authority, and the
hearing examiner.
(h) Hearing before hearing examiner. At the appeal hearing before the hearing examiner,
the animal control authority shall have the burden of proving that the animal is dangerous by a
preponderance of the evidence. The owner of the animal may present evidence in defense of the
animal. The hearing examiner shall weigh the evidence presented by both the animal control
attthority and the owner (if applicable), and shall issue a written decision to the appealing animal
owner and animal control authority that either sustains or reverses the animal control authority's
declaration. If the declaration is sustained or reversed by the heating examiner, the appealing
animal owner or the animal control authority shall be notified of the right to appeal. If the
declaration is reversed and an appeal is not timely filed by the animal control authority, any
restrictions on the animal previously imposed shall be annulled.
(i) Appeal of hearing examiner's decision. Either the oxvner of an animal declared
dangerous by the authority or the animal control authority itself may appeal the decision of the
21
~0 .4nimal Control
hearing examiner. A written appeal shall be filed with the clerk of the Superior court within
fourteen calendar days after the date of the hearing examiner's written decision.
(j) Change of ownership, custody, and/or residence. Owners of an animal that has been
declared dangerous who sell, barter, or otherwise transfer the ownership, custody, or residence of
the animal shall, within fourteen calendar days of the change, inform the animal control authority
in writing of the name, address, and telephone number of the new owner, and/or the address of
the new residence where the animal is located. Such notice shall also include the name,
description, and license number of the animal. In the event the ownership and/or custody of the
animal changes, the owner shall notify the new owner in writing of the details of the animal's
record relating to being declared dangerous and the terms and conditions of the declaration. The
owner shall also provide the animal control authority with a copy of the written notification that
shall contain a notarized statement by the new owner acknowledging receipt of the original
notification.
7.12.040 Failure to control an animal declared dangerous.
(a) Gross Misdemeanor. When an animal has been previously declared dangerous, by a
court, animal control authority or hearing examiner, the owner of the dangerous animal shall be
guilty of a gross misdemeanor if such animal is thereafter found:
(1) Inside Bremerton City limits;
(2) To have, when unprovoked, inflicted a bite(s) upon a human, pet, or livestock
either on public or private property;
(3) To have chased or approached a person upon the streets, side-walks, or any
other public grounds in such a manner as to significantly threaten the safety of humans, pets, or
livestock; or
(4) To have caused injury to or otherwise threatened the safety of humans, pets,
or livestock. This section shall not preclude immediate criminal prosecution under RCW
16.08.100 in a first bite situation causing severe injury or death of any human.
(b) Impoundment of dangerous animals. In the event that a dangerous animal is
impounded due to the owner's failure to abide by the restraints imposed by the animal control
authority, hearing examiner, district court, superior court or Municipal court, a hearing shall be
set within seven calendar days by the hearing examiner to determine whether the animal should
~ I .tnimal Control
be returned to the owner, forfeited by the owner, or euthanized by the animal control authority.
Notice of the hearing shall be as provided in Section 7.12.030(g), In the event that the hearing
examiner determines that the animal should not be returned to the owner, the animal control
authority may adopt or give the animal to an animal welfare organization or qualified individual,
or euthanize the animal. An owner may prevent the animal's destruction or adoption by taking
the following steps within seven calendar days of the hearing examiner's decision:
(1) Petitioning the superior court for the animal's immediate return subject to
court-imposed conditions; and
(2) Posting a bond or security in an amount sufficient to provide for the animal's
care for a minimum of thirty calendar days from the seizure date.
If the animal control authority still has custody of the animal when the bond or security
expires, the animal shall become the animal control authority's property unless the court orders
an alternative disposition. If a court order prevents the animal control authority from assuming
ownership and it continues to care for the animal, the court shall order the owner to renew a bond
or security for the continuing costs for the animal's care.
Chapter 7.14
MISDEMEANORS, INFRACTIONS AND PENALTIES
Sections:
7.14.010 Misdemeanors/Gross Misdemeanors
7.14.020 Misdemeanor/Gross Misdemeanor penalties
7.14.030 Infractions
7.14.040 Infraction penalty
7.14.050 Infraction procedure
7.14.060 Enforcement by civil action
7.14.010 Misdemeanors/Gross Misdemeanors.
(a) The following are declared to be misdemeanors:
(1) Removing License Tag. For a person other than the owner, keeper or other
authorized person to remove the license tag from an animal required or permitted to be licensed
pursuant to this title;
23
~ ,-lnimal Control
(2) No Valid License. To operate a commercial pet facility, animal welfare
facility, or grooming parlor without a valid license;
(3) Regulatory Violations. To operate a commercial pet facility, animal welfare
facility, or grooming parlor in a fashion contrary to that required by Section 7.08.030;
(4) Failure to Respond. To fail to respond to a notice of infraction issued pursuant
to Section 7.14.030;
(5) Abandonment of Animal. For an owner or keeper to have an animal under
circumstances which manifest an intent to abandon it;
(6) Selling an Ill or Injured Animal. For an owner or keeper to sell an animal
knowing it to be ill or injured;
(7) Refusal to Quarantine. For an owner or keeper to refuse to quarantine or
permit the quarantine of an animal when and as required by Section 7.10.020;
(8) Interfering with Impounding. For a person to prevent, obstruct or hinder the
impoundment of an animal pursuant to Section 7.10.010;
(9) Possession of Any Creature that is Venomous, Poisonous, Wild or otherwise
prohibited. For a person to own or maintain any lion, tiger, bear, monkey, chimpanzee, gorilla,
cougar, mountain lion, badger, wolf, hybrid, coyote, fox, lynx, alligator, camen, crocodile, or
venomous/poisonous creature, or other wild animals; provided, that circuses, zoos, licensed
trappers and animal welfare organizations are exempt from this regulation if proper safeguards
are taken, as required in the event permitting process, to protect the public and that the animal
control authority is notified of their arrival and duration of stay in the City. Provided further,
that state-registered wildlife rehabilitation centers are exempt from this section with regard to
care and rehabilitation of those wild animals that are indigenous to North America;
(10) Possession of any snake over 7 ft in length. For an owner and/or keeper of
an animal to maintain possession of any snake after it has exceeded 7 feet in length.
(11) Failing to First Obtain Written Court Approval. For an owner and/or keeper
of an animal declared dangerous or potentially dangerous to transfer the ownership, custody or
residence of the animal without first obtaining written court approval from the court or authority
which declared the animal dangerous or potentially dangerous.
(12) Cruelty to Animals. Any person who is in any manner or by any means
guilty o f any cruelty to anv animal is guilty of a misdemeanor. Examples of cruelty tbr the
24
~ .4nimal Control
purposes of this section are as follows (this list is not intended as or to be interpreted as an
inclusive limited list):
(i) Willfully or inhumanely injure or kill any animal;
(ii) Intentionally cause or fail to alleviate any pain, suffering or injury of
any animal;
(iii) Willfully lay out, leave or expose any poison intended for animals or
fowl on any premises, or aid or abet any person in so doing, unless in accordance with the
provisions of RCW 16.52.190;
(iv) Confine an animal within a motor vehicle under conditions that may
endanger the health or well-being of the animal, including but not limited to extreme
temperatures or lack of food or water.
Any animal control or police officer is authorized to remove an animal from a motor
vehicle, at any location, when the officer reasonably believes the animal is confined in violation
of this section.
An animal so removed shall be delivered to the animal control shelter of the animal
control authority. The removing officer shall leave written notice of the removal and delivery,
including the officer's name in a conspicuous, secure location on or within the vehicle.
(13) Failure to control an animal declared potentially dangerous pursuant to
Section 7.12.020. Any such potentially dangerous animal may be impounded by the animal
control authority;
(14) Failure to report striking of an animal with a vehicle. Any person who fails
to report the striking of an animal to the animal control authority or law enforcement. No person
shall be held liable for the injury or death of an animal under this section unless found to have
committed a crime pursuant to the provisions of RCW 16.52 or this section;
(15) Ownership by a person under the age of eighteen years old of any dangerous
or potentially dangerous animal.
(b) The following are declared to be gross misdemeanors:
(1) Obstructing a law enforcement officer/animal control authority. For any
person to willfully hinder, delay, or otherwise obstruct any law enforcement officer including,
but not limited to, any animal control authority employee in the discharge of the employee's
official powers or duties;
25
~ ~ .~nimal Control
(2) Possession of or failure to control an animal previously declared dangerous
by a court, animal control authority or hearings examiner. Any such potentially dangerous
animal may be impounded by the animal control authority;
(3) Habitual violators. Any owner receiving two or more convictions, singularly
or in combination, of crimes relating to animals within a five-year period, or four or more
infractions, singularly or in combination, pursuant to Section 7.14.030 found to be committed by
the Municipal court within a five-year period.
7.14.020 Misdemeanor/Gross Misdemeanor penalties.
Any person, firm or corporation violating any provision of Section 7.12.020 and/or
Section 7.14.010 (a) shall be guilty of a misdemeanor and any person, firm or corporation
violating any provision of 7.12.040 or 7.14.010 (b) shall be guilty of a gross misdemeanor, and
each such person, firm or corporation shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of Section 7.12.020, 7.12.040 and/or
Section 7.14.010 is committed, continued or permitted. Upon conviction of any misdemeanor
violation, such person, firm or corporation shall be punished by a fine of not more than $1000.00
or by imprisonment for not more than ninety days, or by both such fine and imprisonment. Upon
conviction of any gross misdemeanor violation, such person, firm or corporation shall be
punished by a fine of not more than $5000.00 or by imprisonment for not more than one year, or
by both such fine and imprisonment.
7.14.030 Infractions.
(a) The following are declared to be Class 1 civil infractions:
(1) Animal at large. For the owner of a pet or livestock to suffer or permit such
animal to leave the premises of the owner, unless the animal is under physical restraint adequate
to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct
control and is obedient to its owner's commands, except that all dogs must be leashed when not
on the premises of the owner. Exceptions to this restriction are pets engaged in formal training,
hunt or competition, or service dogs engaged in an activity for which they are trained or in
service:
2O
~ ,~ A n iht al Con trot
,.9
(2) Animal in heat. For the owner of a pet in heat to keep such an animal where
it is accessible to male animals, unless such accessibility is for the purpose of planned breeding;
(3) Animal noise. For any person(s) to own any animal which by its barking,
howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise by
its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for
more than fifteen minutes in any one-hour period of any day, and is documented by three or
more separate episodes of such noise in a sequential seven-day period. The burden is upon the
owner of such animal(s) to maintain quiet. Exceptions to this subsection are farm animals in
permitted zones, commercial pet facilities, animal welfare facilities, veterinary hospitals, or
grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but
not limited to Section 7.08.030, or those who can substantiate that such animal noise was caused
by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s)
on its property by others.
Enforcement may be undertaken only upon written receipt of a complaint made to either
the animal control authority or law enforcement by a person(s) residing at or who is employed in
an area affected by such public noise disturbance. Any such animal(s) shall be deemed a
nuisance and may be seized and impounded, pursuant to Section 7.10.010(a), if the disturbance
reoccurs after the owner or custodian of such animal(s) has received two written warnings from
either the animal control authority or law enforcement within a calendar year;
(4) Damaging property. For the owner of a pet or livestock to suffer or permit
the animal to leave the premises of the owner and thereafter cause damage to any thing of value
or any other pet or livestock;
(5) Disturbing pedestrians. For the owner of a pet or livestock, when off the
property of the owner or in a wheeled vehicle, to suffer or permit the animal to disturb people
lawfully on public ways;
(6) Chasing vehicles. For the owner of a pet or livestock to suffer or permit the
animal to chase or run at or after vehicles lawfully on public ways;
(7) Reporting and releasing stray animals. For any person to fail to notify the
animal control authority that a stray pet or livestock is in the person's possession, or to refuse to
release such stray animal to the animal control authority upon demand;
27
~ Anitnal Control
(8) Releasing animal. For any person except the owner or other authorized
person to release any pet or livestock from confinement;
(9) Excess number of animals. To own more than a total of four (4) household
pets as provided in BMC 7.08.010(0 at the same place or residence without a valid commercial
pet facility or animal welfare facility license;
(10) Failure to license. To fail to license a cat or dog as required by Section
7.08.010(a);
(11) Animal bites. To own a pet or livestock that bites a person while such
person is on public property or lawfully on private property;
(12) Agitating an animal. To intentionally agitate, harass, or provoke a pet or
livestock;
(13) Failing to notify animal control authority of change of ownership, custody,
and/or residence. For any owner of an animal that has been declared dangerous or potentially
dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an
animal without notifying the animal control authority within fourteen calendar days of the
change as required by Section 7.12.010(j) or to otherwise fail to comply with the requirements of
that section;
(14) Sale, barter, or other transfer of pets in public places prohibited. It is
unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an
area open to the public, unless such activity is pursuant to Section 7.08.030, or occurs at a
sanctioned dog or cat show;
(i 5) Failure to provide adequate care. For any owner of a pet or livestock to fail
to:
(i) provide adequate food and water for any pet or livestock, as defined in
Section 7.04.020(1);
(ii) provide adequate shelter for any pet or livestock, as defined in Section
7.04.020(2), except as may be appropriate for short term medical requirements or generally
accepted livestock husbandry practices such as swine farrowing;
(iii) provide appropriate habitat and medical care; or
(iv) maintain t'acilities housing pets in a healthful, sanitary, and safe
manner.
28
~ '7 ,4nimaI Control
(16) Confinement of an animal in a wheeled vehicle. No person shall confine
any pet or livestock in a wheeled vehicle in such a manner that places the animal in a life- or
health-threatening situation by exposure to a prolonged period of heat or cold, without proper
ventilation or other protection from such heat or cold. In order to protect the health and safety of
such animal, an animal control authority employee or law enforcement officer who has probable
cause to believe that this section is being violated shall have the authority to enter such vehicle to
remove such animal by any reasonable means under the circumstances after making a reasonable
effort to locate the owner. No law enforcement officer or animal control authority employee
shall be held liable for any damage to property resulting from actions taken under this section or
pursuant to RCW Chapter 16.52;
(17) Transporting a pet or livestock in the open bed of a pickup truck or other
outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so
as to protect such animal from falling or being thrown from the vehicle, and would not by its
design or application cause injury to the animal;
(18) Pets chasing livestock. For the owner of a pet to permit that animal to harass
or chase another owner's livestock, when not engaged in the specific work of herding approved
by the owner of the livestock;
(19) Animal waste. For the owner of a pet to fail to remove deposits of fecal
material originating from the owner's animal from public or private property unless the owner of
such property has given permission for such material to be deposited. This shall not authorize
such deposits as are otherwise governed by public health regulations or other provisions of this
code.
(20) Outdoor Feeding. To feed or allow any domestic or wild animals or birds to
feed outdoors at such times and in such numbers that feeding birds or animals create and
unreasonable disturbance or accumulation of droppings on surrounding properties, including
public property.
7.14.040 Infraction penalty.
The base penalty tbr any infraction specified in Section 7.14.030 shall be $76.00 tbr the
first violation, $142.00 for the second infraction committed xvithin one calendar year, and
$192.00 for the third and subsequent infractions committed within one calendar year. in addition
29
O ~I .4 nimal Control
oo
to the base penalty, a public safety and educational assessment and any other assessments
required by statute shall be imposed. Each and every day or portion thereof in which an
infraction is committed shall constitute a separate and distinct infraction. Provided, that if a
person cited for failure to license a dog or cat under Section 7.14.030(11) presents evidence of a
valid license, obtained after the date of violation, to the municipal court, the citation shall be
dismissed without cost, except that the court shall assess court administration costs of $25.00 at
the time of dismissal.
7.14.050 Infraction procedure
Infractions under this title shall, insofar as possible, be charged and processed pursuant to
justice court traffic infraction rules as now or hereafter amended.
7.14.060 Enforcement by civil action
Any action or inaction by any animal or the owner or keeper thereof which is contrary to
the provisions of this title, regardless if such constitutes a crime or infraction hereunder, shall be,
and the same are declared to be unlawful and a public nuisance and compliance with this title
may be enforced by an action for abatement or injunction brought by an affected citizen or by the
prosecuting attorney.
Chapter 7.16
LIVESTOCK RESTRICTED AREAS
~ectmns:
7.16.010 Established
7.16.010 Established
A city-wide livestock restricted area is established, closing the following territory to the
running at large of any and all kinds of livestock:
All properties within the described boundaries of Bremerton, Washington.
SECTION3. Rate Tables A and D of Chapter 3.01 of the Bremerton Municipal
Code are hereby amended to read as set forth in Exhibits A and B, respectively, attached hereto.
30
8t~ .4nimal Control
SECTION 4. Severabilit¥. 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 5. 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.
APPROVED by the City Council the day of ,2002
PASSED by the City Council the day of ,2002
CAROL ARENDS, Council President
Approved this day of ,2002
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2002
EFFECTIVE the day of ,2002
ORDINANCE NO.
R:\LEGAL\Ordinances~Animal Control Ordinance.doc
31
t~0 Animal Control
ADMINISTRATIVE SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
ADMINISTRATIVE SERVICES
REGULATORY LICENSE FEES 2002 RATE
BMC 5.76 Advertising $192/yr or
$40/30 days
BMC 5.50 Ambulance Co.
Ambulance Inspections $57/veh/semi-
annual
BMC 5.17 Charitable SoliCitation
Non-Profit $12/60 days
Professional Fundraiser $645/60 days
BMC 5.25 Christmas Tree Lots $65/Iot/yr
BMC 5.22 Dance/Public $254/yr or
$65/30 days
BMC 5.96 Erotic Dance Studios $645/yr
Dancers $65/yr
BMC 5.30 Farmers Market $439/yr
BMC 9.48 Fireworks Stands $100/stand/yr
BMC 5.42 Hotel/Motel $34+$2/rm
BMC 10.24 Housemoving/Oversize Loads $517+$65/mile
to. 10 of a mile
BMC 5.98 Limousine Service $131/veh/yr
BMC 5.16 Mobile Food Vendor $131/veh/yr
BMC 5.10 Pawnbroker $645/yr
BMC 5.16 Peddlers $65/yr or
$12/30days
BMC 5.04 ~Petshops $32! 150/yr
Groominq Parlors $150/yr
Animal Welfare Facilities $! 50/yr
BMC 5.10 Second hand Dealer $131/yr
BMC 5.98 Shuttlebus $131/veh/yr
BMC 5.36 Special Events:
Profit ..... $645/event
EXHIBIT N0." A , "
Table A - A1
ADMINISTRATIVE SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
REGULATORY LICENSE FEES 2002 RATE
Non-Profit $63/event
BMC 5.20 Street/Sidewalk Vendors $195/yr
BMC 5.54 Taxicabs $300/veh/yr
Taxi Drivers $65/yr
BMC 5.16 Temporary Merchant $300/30 days
BMC 5.38 Theatre $260/yr
BUSINESS LICENSE FEE 2002 RATE
BMC 5.02 $50/yr
PARKING 2002 RATE
One-Street Locations Not to Exceed
$20/3 hrs
$30/10 hrs
Off-Street Location Not to Exceed
$20/3 hrs
$30/10 hrs
Parking Garage Not to Exceed
$100/mo
DOCUMENT REPRODUCTION FEES 2002 RATE
Per Page $. 15/pg
Audio or Video Tapes Cost of Tape
+$8.50
Computer Disks $8.50
Certification $3
Blue Prints - Aerial Photos, Drawings, Maps $7/pg
Documents:
Medical Records $19/1st 5 pages
$.83/Pgs 6-31
$.63/Pgs 31+
Fire Reports $. 15/pg
Budget $25
Annual Report $25
Table A - A2
ADMINISTRATIVE SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
CHECK HANDLING FEE $40
Table A - A3
POLICE DEPARTMENT - RATE TABLE D
All Rates Listed Are "Not To Exceed" Fees
POLICE DEPARTMENT 12/31/1999 01/01/01 01/01/02
RATES RATES RATES
Traffic Accident Reports $5.00 $6.00 $7.00
Fingerprints - 1st Card $6.00 $7.00 $8.00
Each Additional Card $6.00 $7.00 $8.00
Criminal History Check $6.00 $7.00 $8.00
Verification Letter for Lost or Stolen Property $6.00 $7.00 $8.00
Photo Prints Actual Cost of Actual Cost of Actual Cost c
(Per Set When in Possession of the Dept.) Processing Processing Processing
Licenses for Dogs and Cats
For Each Cat Spayed or Neutered $5.50 $6.00 $6.50
(Upon Proof of Spaying or Neutering)
For Each Dog Spayed or Neutered $10.00 $10.50 $11.00
(Upon Proof of Spaying or Neutering)
For Each Cat Not Spayed or Neutered $11.00 $12.00 $!3.0035.0
For Each Dog Not Spayed or Neutered $20.00 $21.00 $22.00.35.0
2nd ~mpcundm~nt SBO.OO ,$94;M~ $! OO.O0
~,-N ~ ......,-l,.,,,,~,-,+ ¢4on nn $!35 00 ¢.~n nn
C,"' C~, ,kc-n,-,, ,,~,.,~- ~,,;+kln ~
n.-,a,, ~,-,~,-H ¢.1n nn $'~ '~ .00 $!2.00
^N~*;,,~ con nn ¢9~,.nn $22 O0
~,,+~. .... ;.~ ¢0~ nm $2~ 00 coy mn
~ ......Re!e~se ~o. nn ¢'~ nn $27.00
~,~i .... hi,, I m cn nn cv nn $~ 00
Alarm Compliance Fee
1 st False Alarm in any 1 Quarter $30.00 $35.00 $40.00
2nd False Alarm in the same Quarter $60.00 $70.00 $80.00
3rd False Alarm in the same Quarter $120.00 $140.00 $160.00
or Subsequent Alarms in a Calendar Quarter
Service Fee for Anti-Harrassment Order $30.00 $35.00 $40.00
EXHIBIT NO." "
Table A - A1 '
AGREEMENT FOR ANIMAL CONTROL SERVICES
THIS AGREEMENT is entered into between Kitsap Humane Society ("Society") and
City of Bremerton ("City").
WITNESSETH
For and in consideration of the mutual promises and agreements hereinafter contained,
it is hereby mutually promised, understood and agreed by the parties hereto as follows,
to wit:
1. Parties. This Agreement is by and between the City of Bremerton (hereinafter City)
and the Kitsap Humane Society (hereinafter Society).
2. Purpose. The purpose of this Agreement is to establish and define the relationship
between the parties as it concerns the services to be provided to and by the City of
Bremerton and the Society.
3. Term. This Agreement shall be effective as of July 1, 2002 or the effective date of a
City Ordinance establishing revised animal control regulations, whichever date is later.
If no ordinance is adopted by the City by December 1, 2002, this agreement shall be
void and have no force or effect. This agreement shall continue until terminated
pursuant to Paragraph 7 of this agreement. During January 2003 both parties will
review and evaluate the elements of this contract.
4. Compensation. The City shall pay the Society for its services the sum of One
Hundred Eighty-one Thousand Six Hundred Thirty-four and No/100 ($181,634.00) on an
annualized basis or $15,136.17 per month.
5. Changes to Compensation and Scope of Services. Unless otherwise agreed,
each party may provide written notice to the other party commencing August 1, 2003
and August 1st of any given year thereafter during the term of this agreement for the
purpose of changing the scope of services and/or compensation for such under this
agreement. Unless otherwise agreed, these changes shall become effective on
January 1st of the following calendar year. Any changes shall be in writing and signed
by both parties.
6. Terms of Agreement.
6.1 The Society agrees to perform the services more specifically described in the
Scope of Services, dated May 15, 2002, including any addenda thereto as of the
effective date of this Agreement, attached hereto as Exhibit A which is incorporated
herein by this reference as if fully set forth.
6.2 The City, through the Prosecuting Attorney, shall be responsible for
prosecuting criminal cases and for providing assistance, when requested by the
Society, for contested hearings, or civil actions as a result of enforcing violations of City
Animal Control Services Agreement
5/22/02 - Page 1
Ordinances or State Statutes relating to animals as defined herein. The Prosecuting
Attorney shall provide legal administration of said ordinances and statutes.
6.3 The duties of the Society as set forth herein, shall pertain to all domesticated
animals and to certain wild animals. City and other public laws will specify such
authority/species.
6.4 The Society during the term of this Agreement, shall function as a non-profit
corporation. Provided, that nothing herein contained shall be construed to prevent the
Society from collecting fees for the disposition of animals or for other services provided
under this agreement.
6.5 The Society shall maintain complete and accurate records of licensing
revenues, which may be examined by the City Treasurer or a designated agent.
7. Termination. Either party upon ninety (90) days written notice may terminate this
Agreement. In the event of termination, Society shall perform such additional work as is
necessary for the orderly transfer of documents and materials to the City and closing of
the services rendered. Society shall be compensated for work performed prior to the
effective date of termination, plus work required for closing this Agreement.
8. Commission of Animal Control Officers. For the purpose of the enforcement of
City Ordinances and State laws, the Bremerton Police Chief shall commission Animal
Control Officers of the Society over the age of twenty-one (21) years. PROVIDED, that
such commission be conferred at the direction of the Police Chief and may be revoked
at will by him/her. PROVIDED FURTHER, that the City shall furnish such employees
with a suitable document of authority.
9. Work Performed at Society's Risk. Society shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and subcontractors in
the performance of the work hereunder and shall utilize all protection necessary for that
purpose. All work shall be done at Society's own risk, and Society 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.
10.Workers' Compensation. Society shall maintain workers' compensation insurance
and comply with all laws and regulations regarding workers' compensation.
11. Indemnification. The Society shall defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims,
injuries, damages, losses or suits, including all legal costs and attorney fees, arising out
of or in connection with the performance of this Agreement, except for injuries and
damages judicially found to be due to the sole negligence of the City.
The City's inspection or acceptance of any of the Society's work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Animal Control Services Agreement
5/22/02 - Page 2
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 Society and the City, its officers, officials, employees, agents and volunteers, the
Society's liability hereunder shall be only to the extent of the Society's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE SOCIETY'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR
THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
12. Insurance. The Society shall procure and maintain for the duration of the
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 hereunder by the Society, its agents,
representatives, employees, subconsultants or subcontractors.
Before beginning work on the project described in this Agreement, the Society shall
provide a Certificate of Insurance evidencing:
a. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
b. Commercial General Liability insurance 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 and products/completed
operations/broad form property damage.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Society.
The City, its officers, 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 Society and a copy of the endorsement naming the City as additional insured
shall be attached to the Certificate of Insurance.
The Society'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.
Animal Control Services Agreement
5/22/02 - Page 3
The City shall be given thirty (30) calendar days prior written notice of any cancellation,
suspension or material change in coverage.
Proof of coverage shall be provided to the City in the form of a Certificate of Insurance
with all the endorsements as evidence of coverage. Approval of required insurance is a
condition precedent to the execution of this agreement.
The use of any Society subcontractors shall be subject to the same provisions of law,
contracting and insurance as then in force and shall further be wholly supervised and
administered by the Society without liability by the City.
13. Americans with Disabilities Act. The Society agrees to comply with all
provisions of the Americans With Disabilities Act and all regulations interpreting or
enforcing such Act.
14. Privileged and Confidential Information. During the term of this Agreement, the
City and the Society, to the extent of their right to do so and as required for each to
perform its obligations under this Agreement, may exchange proprietary and
confidential information.
a. Except as specifically authorized by this Agreement, or otherwise approved by
the City in writing, all records or other information, documents, and materials furnished
by the City to the Society will be used only in connection with work performed under this
Agreement. The Society will, upon completion or termination of this Agreement, transit
to the City all records or other information, documents and materials, and copies
thereof, furnished by the City to the Society or developed by the Society in the
performance of this Agreement. Similarly, the City will return to the Society all of the
same type of records and information provided by the Society to the City.
b. All proprietary or confidential information, whether received visually, orally, in
writing, electronically, or in any other medium, is and shall remain the property of
disclosing City or Society for a period of five (5) years or until relieved of that
responsibility by the information owner.
Venue and Choice of Law Clause.
Any action at law, suit in equity, or other judicial proceedings for the enforcement of this
contract or any provision thereof shall be instituted only in the courts of the State of
Washington, County of Kitsap. It is mutually understood and agreed that this contract
shall be governed by the laws of the State of Washington, both as to interpretation and
performance.
IN WITNESS WHEREOF, this Agreement is signed by the parties this day
of ~, 20
Animal Control Services Agreement
5/22/02 - Page 4
CITY OF BREMERTON KITSAP HUMANE SOCIETY
CARY BOZEMAN, Mayor WINTON READ, Executive Director
DEPARTMENTAL APPROVAL
KATHLEEN McCLUSKEY, Director
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
Animal Control Services Agreement
5/22/02 - Page 5
EXHIBIT A
Scope of Services
May 15, 2002
The following services will be provided by the Society;
1. 2417 services. The Society shall act as the Animal Control and Impounding
authority for the City, and shall provide impound services and facilities for all animals for
which impounding is authorized. Kitsap Animal Control, 9167 Dickey Road NW,
Silverdale, Washington 98383, 9:00 a.m. - 6:00 p.m. seven (7) days a week, excluding
holidays and 24 hours via an answering service dispatched Duty Officer. Animal
Control is also available via 911 at CENCOM. Emergency services provided 6:00 p.m.
to 9:00 a.m. 24 hours a day, 7 days a week and holidays are as follows:
a. Pickup of injured/sick stray domesticated animals.
b. Pickup of livestock at large.
c. Animals currently threatening public safety.
d. Police and fire department assistance.
Scheduled holidays are:
New Year's Day
Martin Luther King Jr. Day
President's Day
Easter Sunday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day and the day after (2 days)
Christmas Day
2. Impoundment/Rescue. Provided at the Silverdale shelter, via mobile vans and via
citizen complaint, BPD/BFD/Officer request or Court order. The Society, while on patrol
or by request, shall pick up dogs and/or cats injured or killed on City property. If the
owner of any such animal is known, the Society shall request disposition instructions
and comply with the same, if reasonable. If the owner of such animal is unknown or
unavailable, the Society shall make such disposition of said animal, as it deems
necessary or appropriate under the circumstances. The Society, on request, shall
assist officers of the Bremerton Police Department in clearing the City streets and roads
of livestock or other domesticated animals on said property. PROVIDED, that nothing
contained herein shall be construed to place responsibility on the Society for the
removal of dead livestock or any other wild animals from City property, nor from other
public or private property. The Society shall accept at no charge, dogs, cats and other
small pets brought to the shelter by their owners or other person(s). PROVIDED, that
animals that have bitten any person within the last ten (10) days so as to have breaks in
the skin shall be quarantined. PROVIDED FURTHER, that disposition of said animals
Animal Control Services - Exhibit A
5/15/02 - Page 1 ~
shall be at the discretion of the Society. Nothing herein contained shall be construed to
prevent the Society from charging for euthanasia, quarantine, redemption (kenneling),
disposal or disposition where such services are requested of the Society or deemed
necessary. The Society shall not be restricted from seeking repayment or restitution
from violators of any City, County or State law or regulation for services or goods
provided pursuant to this agreement or in the course of enforcement of law or lawful
order.
a. Dispatch - Provided via a staff Dispatcher with dedicated FM mobile (vans and
Officers), CENCOM, network computer and cell phone connections.
b. Complaints - Provided via phone, walk-ins, BPD referral or WESTNET action.
Responded to by trained Officers either in the field or by phone, or both.
c. InYestigations - Officers are Academy trained and commissioned Washington
Humane Officers. Additional training/schools provide investigative processes,
complaint resolution, customer service, animal handling, and court procedures. All
case documents are confidential, however, are subject to Public Disclosure laws and
are jurisdiction shared upon authorized release.
d. Citations - Animal Control Officers are empowered by commissioning and
contract to issue misdemeanor and infraction citations.
e. Courts - Animal Control Officers are "Officers of the Court" and can provide
complaint, witness, investigative and expert testimony. The Society shall provide its
Animal Control Officers the necessary courtroom training to present evidence and
provide testimony in the prosecution of all infraction violations of any ordinance
pertaining to animals as herein defined.
3. Intake. Provided at the Silverdale shelter, a twelve (12) year old, state of the art, full
service animal shelter. Intake typically consists of computer registration, microchip and
tattoo screening, license and identification tag recording and cross referencing with
known stray/lost records. Further, all animals are medically evaluated, temperament
tested, vaccinated, wormed or treated as appropriate. Stray animals are posted on the
Internet by photo and a narrative description. A "Lost Pet Line" telephone recording is
also used.
4. Quarantine. The Society, under the authority and at the direction of the Health
Officer of the Bremerton-Kitsap County Health Department, shall, pursuant to the
direction of the Health Officer or in accordance with the request of the owner,
quarantine all animals that shall have bitten a person so as to have broken the skin.
PROVIDED, that the responsibility for the release of such animals from confinement
shall be that of the Health Department. It is the responsibility of the Health Officer to
monitor animals under confinement. The Society shall cooperate with the Health Officer
in the necessary recordkeeping to monitor the keeping of quarantined animals.
5 Kenneling. Live animals are kenneled in temporary holding if under a behavioral or
legal restriction, medical isolation if under treatment, and in separate areas for puppies,
cats, adult dogs, livestock, birds, reptiles or fish. All animals are fed species specific
Animal Control Services - Exhibit A
5/15/02 - Page 2 ~7
diets of the most premium food/supplements available. Animals are confined in
heated/cooled units.
6. Redemption. "Owned" animals are returned after reasonable proof is secured.
7. Adoptions.
a. Temperament testing - Animals are behaviorally tested via breed/species
standards set by the American Humane Association, American Kennel Club and
others. No dangerous, severely ill, severely crippled or advanced age animals are
put up for adoption.
b. Spay/Neuter - All dogs and cats are altered surgically prior to adoption.
c. Counseling - Adoptors are screened for their ability to care for animals for the
long term. Adoptor and breed/species are matched for compatibility.
d. Outreach - Some animals are readied for adoption and taken to various stores,
malls and other locations for approved on-the-spot placement.
8. Licensing. The Society shall act as an agent of the City Treasurer for the
purpose of issuing licenses for pets and collecting the fees therefore, as required by
City ordinance. License fee revenue will be forwarded from the Society to the City on a
monthly basis. The Society will administer license program including renewals and
maintain animal license database for the City. City cashiers will issue animal licenses
for walk-in customers. Cashiers will input license data directly in the Society database
and issue tags for walk-ins.
a. Pets - All dogs and cats are licensed through an annual, staggered licensing
system. The City will have unique license tags purchased by the Society.
b. Facilities - Kitsap Animal Control inspects and licenses grooming parlors, pet
stores, animal welfare (rescue) facilities, breeders and others per ordinance.
All licensing revenues, minus service charges, go to the jurisdiction of record.
9. Euthanizafion. The Humane Society will euthanize an owned animal that is ill,
elderly, disabled or dangerous at the request of the public. Animal Control Officers may
euthanize in the field for humane reasons under the authority of State law (RCW 16.52).
Animals are euthanized by lethal injection and disposed of. All charges for these
services are passed on to the owner at cost.
10. Humane Education. Provided by the Kitsap Humane Society through dedicated
staff via in-house classes in responsible pet ownership, obedience training and in the
schools via staff visits or teacher led curriculum developed for children. A speaker's
bureau provides lectures and seminars for community groups. Literature is available for
brochure racks, the media and general consumption by the public.
11. Administration.
a. Ordinances - The Society shall faithfully enforce all ordinances of the City and/or
statutes of the State of Washington now in effect relative to the care, treatment,
control, impounding and licensing of animals.
Animal Control Services - Exhibit
5/15/02 - Page 3
b. Contracts - Managed and monitored by a designated contracts officer, attorney
and fiscal staff.
c. Personnel - Personnel policies, benefits administration, Union
negotiations/contracts and hiring are handled by designated staff. Training is a
major focus of service with the Kitsap Humane Society.
d. Supplies - All purchasing, inventory and stocking are centralized for efficiency.
Bulk ordering is utilized whenever possible to maintain cost effectiveness.
e. Infrastructure - Facility, vehicle and equipment maintenance are staff assigned.
Animal impound, surgical, kenneling, quarantine, disposal and livestock care
facilities meet or exceed American Humane Association standards.
f. Accounting - Computerized accounting systems are in place and are compatible
with other networks and systems. Data and vital records are digitized and
disaster/theft protected. A dedicated Business Manager and Assistant are on staff.
Specialized accounting services are provided through a Silverdale CPA firm. The
credit and financial health of the Kitsap Humane Society are top rated.
g. Audit - An annual independent audit is performed by a CPA firm other than our
accounting firm. Internal controls and self-audit checks and balances follow GAAP
(Generally Accepted Accounting Principles) in the industry. All contracts are subject
to contracting jurisdiction audit.
h. Management - The Kitsap Humane Society is governed by a Board of Directors
who select and hire an Executive Director. That individual supervises five (5)
divisions; Development, Business, Animal Control, Animal Care and Customer
Service. Kitsap Animal Control is supervised by a professional, commissioned
Washington Humane Officer of over nineteen (19) years experience.
Animal Control Services - Exhibit
5/15/02 - Page 4
EXHIBIT B
Compensation By Service
1. 24~7 services. Included
2. Impoundment/Rescue
a. Dispatch Included
b. Complaints Included
c. Investigations Included
d. Citations Included
e. Courts Included
3. Intake. (Vaccinations) $ 6,408.00
4. Kenneling. (Estimated 2,136 Cats/Dogs) $ 64,000.00
5. Redemption. No Charge
6. Adoptions.
a. Temperament testing No Charge
b. Spay/Neuter No Charge
c. Counseling No Charge
d. Outreach No Charge
7. Licensing.
a. Pets. (Estimated 2,500 animals) $ 5,000.00
b. Facilities Unknown
8. Euthanization. (Estimate: 1,000) $ 2,400.00
9. Humane Education. No Charge
10.Administration.
a. Contracts No charge
b. Personnel (2 ACOs + Benefits) $ 74,614.00
c. Supplies (Fuel, 2 vehicles) $ 4,000.00
d. Infrastructure (2 vehicles) $ 12,000.00
e. Accounting No Charge
f. Audit No Charge
g. Insurance (General Liability) $ 2,300.00
h. Management $ 10,912.00
TOTAL (First Year): $ 181,634.00
Animal Control Services - Exhibit B
5/15/02
/oo
fire=animal control costs May 2Q, 2002
ANIMAL CONTROL SERVICES.
KITSAP HUMANE SOCIETY - CITY OF BREMERTON
COST COMPARISON
K!TS~,~,CQu~H~MA~ESQCIE~:PROpQSAL: , i ,,,
CONTRACTED SERVICES (2.0 FTE) 181,634
LICENSING REVENUE (30,957)
NET CONTRACT COST 150,677
CURRENT BUDGET:
DIRECT BUDGET: ANIMAL CONTROL 1.5 FTE (POLICE) 126,350
VEHICLE COSTS (EQUIPMENT SERV.) 10,000
INDIRECT BUDGET: .25 FTE CLERICAL - LICENSING 11,000
.25 FTE POLICE LT. -SUPERVISION 23,250
.10 FTE POLICE CAP.- SUPERVISION 9,740
180,340
LICENSING REVENUE (21,850)
NET CURRENT Ci"FY COST 158,490
NET CURRENT CITY COST 158,490
ADDITIONAL .5 FTE ANIMAL CONTROL OFFICER 24,350
NET COST OF COMPARABLE CITY SERVICE 182,840
From: Elaine Turso <eturso@bremertonhousing.org>
To: "'citycouncil@ci.bremerton.wa.us'" <citycouncil@ci.bremerton.wa.us>
Date: Tue, May 21, 2002 12:28 PM
Subject: concerns
Hello, my name is Elaine Turso and I work at the Bremerton Housing Authority
in Westpark. I wanted to write to you today and express my concerns
regarding Kitsap County taking over Bremerton Animal Control. I am not sure
if you are aware or not but Westpark is populated with lots of animals, most
are registered with our office, but we have tons of strays. Our budget just
doesnt allow for us to hire a trapper to take care of the "stray cat"
problems. The Bremerton Housing Authority has established a great repor
with BAC officers to respond to problems in Westpark. Last June, they worked
hand in hand with us to have a Pet Fair for Westpark Residents who had pets
or was considering adopting one. These residents received an overview of the
laws and even received free rabies shots. Officer Kathy Deshon has worked
diligently to assist us with removing illegal dogs from our neighborhood.
I am fearful that if the county takes over the animal control department,
that Westpark and all of its residents will be forgotten. Who will respond
to our animal needs?
I am unable to make it to the city council meeting, but I hope that you can
make sure that this concerns gets addressed.
Thank you,
Elaine Turso
UPCS Inspector
Bremerton Housing Authority
792-8540
1 see by reading articles in The Sun that the City of Bremerton and the Bremerton Police
Dept continue to try and rid itself of the Animal Control Program. This is nothing but a
travesty. The minimal saving of one thousand dollars per year is hardly worth it, and the
citizens of Bremerton will be the ones to suffer the impact. The Kitsap Humane Society
is a great organization and does a fantastic job. However, they are already overworked
and overloaded with animals. Now you throw in taking on the City of Bremerton and
it's animal population and 1 know for a fact service to the citizens of Bremerton will
suffer! The City of Bremerton has done this before and you know what? It did not
work. They ended up spending thousands to re-instate the program. A similar situation
has happened with the Parking Enfbrcement Dept. Since contracting out that service the
City has lost thousands of dollars in revenue. Do you see the benefits that are being laid
out to the Mayor and City Council members? I certainly don't. It is unfortunate the
Mayor and City Council members have to rely on information from people who do not
have a clue about animals or how the ordinances and program should be run. How can
sound decisions be made by the Mayor and City Council members? Never once have
the Animal Control Officers been involved, contacted or asked for their opinions and
advice. Who better to get this vital information from than the Officers that are working
the job on a daily basis? In the past, Bremerton Animal Control was a good program. It
was working before the Officers that were working there were driven out by the City and
the Police Dept, who constantly were throwing in their faces the possibility of the service
being contracted out, and of course those Officers would lose their jobs and benefits.
Who in there right mind would stay working in a job with no job security? Never once
has the City attempted to gain any type of grant monies to help supplement the Animal
Control Program. There is plenty of grant monies available, which could help build
Bremerton it's own animal shelter so they would not have to contract out to a local
kennel and monies available to help supplement the program. The Police Dept has
always been against the Animal Control Program and are the driving force behind getting
rid of it. Why? Because they know nothing about it and they consider it an extra burden
for them to supply a person to supervise it. The only reason Animal Control needs to be
associated with the Police Dept is for the commissioning of it's Officers and back up
support for the Officers when they are working in the field with difficult pet owners and
vicious animals. The City needs to get behind their Animal Control Program and detach
it from the Police Dept. Hire qualified personnel to supervise and run the program along
with good Officers who don't feel the answer to every problem is giving out a ticket. A
major part of Animal Control is educating the public in proper care of their,m,~:-~'~,~,,~,~ and
the ordinances of the City. You had this and let it go! There were good Officers working
in the program, animal adoptions were up significantly, impounds were down drastically
and pet licenses were being sold regularly' because the Officers were doing their job and
educating the public. There are thousands of dollars available in unlicensed animals and
this could easiIy be obtained by hiring a couple of'people to canvass the City tbr
households with animals and sell them licenses. Contracting out this vital service to the
Kitsap Humane Society is not the answer. The City and Police Dept created the current
problem of only having one A,fimal Control Officer available to handle the entire City
and it's animal population and the City is the only one who can fix it. Get behind this
program and support it the way it should be. Go after the available grant money, build
v~ur own shelter and build the program back to xvhat it was before or even better.
HUMANE Y
9167 Dickey r(oad Nw · ~u,v~_-~., dale. Wc~qington 98383. (3~) 692-6977 · Fax (3~) 698-9~8
em, dj: kitso¢~h~s~[vedink.net, ~,k~tsaphumane.org
May 29, 2002
To: Simon Stocker
Of~ce of the City Attorney
City of Bremerton
Re: Fee Schedule
The following fees w~re i.n effect as of 5/28/02.
~ - $80.00. includes cats or dogs, neuter/spay surgery,
vaccinations, worming, disease ~esting (ca~), temperame~ testing
and follow-up veterinary care.
Lesser amounts are charged for mice, birds, rabbits, fish, etc,
Livestock are put up for public auction.
2. I~arding - $15.00 plus tax per day. Boarding onfy occurs for
strays, not the generai public.
3, ~- $25.00 per animal, to process and hold. Fees double
with each successive Jml~ound,
Off-
4. J~ - Varies by animal weight and includes disposal.
$15.00 .- $120~00, No profit is made., only actual costs charged.
Private, non-group cremations are available. PriYate services .,,may
ir'~lude a urn and vary according to the owner's wishes.
5'. TransmorE - $75.00 per rJffp for livestOck requiring transport.
6. Licen$in~ - Set by jurisdiction. A $.50 per license fee is a~ded tc
help offse~ processing Cost:~.
cc: ~auta _~onnston
MOTION
1. Move to authorize the City Attorney to finalize and execute a
settlement agreement with Puget Sound Energy, Inc. (PSE) in the
PSE General Rate case pending before the WUTC Docket Nos.
UE-011570 and UG-011571 (PSE II) relating to city relocation and
underground conversions, upon terms substantially similar to the
negotiated Schedule 71, which is hereby made a part of the record.
2. Furthermore, upon the WUTC approval of the negotiated
Schedule 71, the City Attorney is authorized to dismiss the appeal
of the initial underground case (PSE I) pending before the
Thurston County Superior Court Case Nos. 02-2-00341-6 and 02-
2-00774-8.
[Second Revised Sheet No. 71
Canceling First Revised
WN U-60 Sheet No. 71
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITLES
I. AVAILABILITY
The Company shall install an Underground Distribution System and shall remove the existing
overhead electric distribution system of 15,000 volts or less together with Company-owned
poles following removal of all utility wires therefrom under this Schedule when ali of the
following conditions are met:
a. The Government Entity has determined that installation of Cem~any ~: ~rect:~ er
~fi~qo4nc, tMl-an Underground Distribution System is or will be required and has
notified the Company in writing of such determination, ',enter ~.i: Szke~'-'-!e by a
g.o,~atm~fi~and the Company and such Government Entity have agreed upon the
provisions of the Design Agreement and the Construction Agreement go~mittg41t~a~s
un,er pursuant to which the Company shall design and install an Underground
Distribution System and provide service under this Schedule.
b. The Company has the right to install, construct, operate, repair and maintain an electrical
distribution system (including an Underground Distribution System) within the Public
Thoroughfare in the Conversion Area pursuant to a franchise previously granted by the
Government Entity requesting such installation and executed by the Company, or, if there
is no such franchise, pursuant to some other grant of rights mutually agreed upon by the
Company and the Government Entity.
, c. All customers served by the Company within the Conversion Area will receive electric
service through Underground Service Lines from the Underground Distribution System,
unless the Company explicitly agrees to other electric service arrangements.
Government Entities that are eligible to receive service under this Schedule are not eligible
for service under Schedule 70 of the Company's Electric Tariff G.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Ham s
Electric Sheet No. :74-__
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. ~__
[Third Revised Sheet No. 71-a
Canceling Second Revised
WN U-60 Sheet No. 71-al
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
2. AGREEMENT PROVISIONS
The Company shall provide and install an Underground Distribution System within thc
Conversion Area subject to the terms and conditions of a Schedule 71 Design Agreement (thc
"Design Agreement") and a Schedule 71 Construction Agreement (the "Construction
Agrccment")~ a~ ........ and the following shall aoolv:
a. The Design Agreement and thc Construction Agreement shall (i) bc consistent with this
Schedule, and (ii) bc substantially in the forms of Attachment A and Attachment B hereto,
which attachments are by this reference incorporated in this Schedule as if fully set forth
herein. Without limiting the possibility that the Company and the Government Entity may
(consistent with this Schedule) mutually agree upon 21~..e D:::.gn Agr:em=nt
t- ~.,~,4~ ^ ................ ~ * in addition to those contained in the
~en: .......... ~, .............. · .........erms that are
forms set forth in Attachments A and B hereto, if such ~..r:..: are
........ l-'--"J ................................ :ag: ...... neither the Government Entity
nor the Company shall be required to agree to additional terms as a condition of c.b~!n!ng
service under this Schedule.
b. The Design Agreement and the Construction Agreement shall:
(1) except as otherwise provided in Section 2.b(2), obligate the Government Entity to pay
the Company 40% of the total Cost of Conversion and the Company to pay 60% of the
total Cost of Conversion;
(2) obligate the Government Entity to pay 100% of the total Cost of Conversion for
conversion of that portion, if any, of the existing overhead distribution system located
ii) outside of the Public Thoroughfare or (ii) pursuant to rights not derived from a
franchise previously granted by the Government Entity -°
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. '~ ~'
En6~' d~rzc~ in:~!!aSzn cf an Undzrgrzund L~.~ut!zn Syztem under °,k;.~ Schedule,
less the distribution pole replacement costs (if any) that would be avoided by the
Company on account of such conversion, as determined consistent with the applicable
Company distribution facilities replacement programdepreciatcd w!uc of thc zx!:ting
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Hams
Electric Sheet No. 7 ! b__
[Second Revised Sheet No. 7 l-b
Canceling First Revised
WN U-60 Sheet No. 7 l-bi
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
(3) obligate the Government Entity to pay the Company 100% of the costs of
(i) cancellation as provided herein; (ii) any facilities installed at the time of the
conversion to provide Temporary Service, as provided for herein; and (iii) removal of
any facilities installed to provide Temporary Service (less salvage value of removed
equipment);
(4) obligate the Company to pay 100% of the cost of obtaining the fights referred to in
Section 3.b; and
(5) obligate the Government Entity to (i) perform or to cause to be performed (A) all
Trenchingr and Restoration and job coordination required for the installation of the
Underground Distribution System and (B) all surveying for alignment and grades of
vaults and ducts and (ii) to pay 100% of the cost of performance under clause (i) of this
Section 2.b(5).
c. The Government Entity may, at its option, purchase and install ducts and vaults, provided
that {i) pursuant to the Design Agreement and the Construction Agreement the
Government Entity and the Company have mutually agreed upon (A) the cost of such
installation to be included in the Cost of Conversion and (B) the specifications and
standards applicable to such installation, and {ii) such installation is accomplished by the
Government Entity in accordance with the applicable design and construction
specifications provided by the Company for such installation pursuant to the Design
Agreement. To the extent the Government Entity pure,age: and installs any of the
Facilities pursuant to the Construction Agreement, the Company shall not be required to
do so under this Schedule.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 71 c~
d. -A Government Entity that is a municipality shall notify all persons and entities within the
Conversion Area that electric service to such persons and entities must be converted from
overhead to underground (as provided for in the Company's Electric TariffG) within
· ..--~:~" x-t°mv~ ~ay: the applicable statutory period following written notice from the City that
service from underground facilities is available in accordance with RCW 35.96.050. The
Government Entity shall exercise its authority to order disconnection and removal of
overhead facilities with respect to persons and entities failing to convert service lines from
overhead to underground within the timelines provided in RCW 35.96.050.
WN U-60 [Original Sheet No. 7 l-el
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
3. INSTALLATION AND OPERATING RIGHTS:
a. The Company may install all of the Facilities within a Public Thoroughfare, ~fpc,'mi~cd
Gc.;'~ment En~' aad °~ '~ .......... .~ ~,~_ ~ a.~ ~. .... The Government Entity
shall act in good faith and shall use its best efforts to provide space sufficient for the safe
and efficient installation, operation, repair and maintenance of all of the Facilities
("Sufficient Space") within the Public Thoroughfare in the Conversion Area, and the
Company shall act in good faith and shall use its best efforts to install Facilities in such
space within the Public Thoroughfare. If the Company and the Government Entity agree
that there is not or will not be Sufficient Space within the Public Thoroughfare in the
Conversion Area, then the Government Entity shall provide Sufficient Space by obtaining
additional Public Thoroughfare or other equivalent rights mutually agreeable to the
Government Entity and the Company, title to which shall be in the Government Entity~s
b. If, notwithstanding the use of best efforts by each of the Government Entity and the
Company as provided in Section 3.a, the Government Entity and the Company do not
agree whether there is or will be Sufficient Space within the Public Thoroughfare in the
Conversion Area, the Company shall install those Facilities, for which there is not
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 71 ~__
Sufficient Space within the Public Thoroughfare, on property outside the Public
Thoroughfare, the fights for which shall be obtained by the Company at its sole expense.
Subject to the other provisions of this Schedule, nothing in this section shall excuse the
Company from complying with any work schedule agreed to by the Government Entity
and the Company pursuant to the Design Agreement and the Construction Agreement.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Hams
Electric Sheet No. 7 ! em
WN U-60 [Original Sheet No. 71-dj
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
c. If thc Government Entity requires the relocation of any Facilities installed pursuant to this
Schedule in a Public Thoroughfare pumuant to, *.~i: Szhed',:!e within the Relocation
P~"'~'"~ ~ ...... ~ ......~' ~ngtalla~c,n, the Government Entity shall reimburse the
Company for all costs incurred by the Company in connection with g::eh thee relocation
and reinstallafion of facilities substantially equivalent to the relocated Facilities.:
d:-. If the Government Entity requires (or takes any action that has the effect of
requiring) a third party not acting as an agent or a contractor of Government Entity to
relocate any Facilities installed pursuant to this Schedule in a Public Thoroughfare
· · ~..~ ~x ....... s,_ :ugh ~ngtz!!g~znthe Relocation
pur:ugnt tz thl: Sched-.'-le w~thin .... ~ j .........
Period, the Government Entity shall require the third party, as a condition to the
Company's performance of any relocation, to pay the Company_': re.enable for ali costs
incurred by the Company in connection with -the relocation and reinstallation of facilities
substantially equivalent to the relocated Famht~es ............ a ~'-I .........c'.,~1;~4~ ~4~.
4. GENERAL
a. Timing: The Company shall commence performance (as contemplated in the forms of
Desig~ Agreement and Construction Agreement attached hereto as Attachments A and B)
within ten (10) business days of written ~request from a Government Entity that
an Underground Distribution System aha!! be installed under this Schedule.
b. Ownership of Facilities: Except as otherwise provided in the Company's Electric Tariff
G, the Company shall own, operate, and maintain the Underground Distribution System
installed or provided pursuant to this Schedule.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 71 d__
c. Prior Contracts: Nothing herein contained shall affect the rights or obligations of the
Company under any previous agreements pertaining to existing or future facilities of
greater than 15,000 Volts within any Conversion Area.
d. Temporary Service: Temporary Service shall not exceed a term of 18 months from the date
of completion of the conversion to an Underground Distribution System, unless the
Company agrees to extend such term,. ....... a~e.~r..ent ...... nc, ............. J ~
~. Should a Temporary Service not be removed within such 18-month period or
such other period of time that has been approved by the Company acting reasonably, a
Government Entity that is a municipality shall exercise its authority under RCW 35.96.050
to order such Temporary Service disconnected and removed within the applicable statutory
period following ~the date of mailing of the Government Entity's notice
under RCW 35.96.050. Otherwise, ifa Temporary Service is not disconnected or removed
within such time r~asonabty-approved by the Company acting reasonably, the Government
Entity shall pay either {i} 100% of the Cost of Conversion for the entire Underground
Distribution System or {ii) 100% of the costs of converting only the Temporary Service to
underground:-, whichever the Government Entity may elect.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By:. Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 7 ! d
WN U-60 [Original Sheet No, 71-el
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
5. USE BY OTHER UTILITIES OF TRENCHES PROVIDED BY GOVERNMENT ENTITY
Other utilities may bc permitted by the Government Entity to use trenches provided by the
Government Entity pursuant to this Schedule for the installation of such other utilities'
facilities, so long as such facilities, or the installation thereof, do not unrza:c, nably interfere
(~ determined pursuant to the Company's electrical standards) with the installation, operation
or maintenance of thc Company's Facilities located within such trenches.
6. CANCELLATION
If by written notice or other official action a Government Entity cancels or suspends
indefinitely or takes similar official action regarding by ~.;~en notice c.r z~cr zffiz~a! ac~zn
a conversion project undertaken under this Schedule prior to completion of the conversion to
an Underground Distribution System, the Government Entity shall pay the Company all of
the costs reazenab!y incurred by the Company to the date of such cancellation consistent with
the t~lmination provisions pu=uant tc. t?.e te.~.: of the Design Agreement and Construction
Agreement.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Ine.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. ?I e__
WN U-60 IOriginal Sheet No. 71-fi
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
7. STREET LIGHTING
Removal and replacement of existing street lighting or installation of new street lighting
within the Conversion Area suitable for service from the Underground Distribution System
installed pursuant to this Schedule shall be arranged separately as provided in the Company's
Electric Tariff G.
8. UNDERGROUND SERVICE LINES
Underground Service Lines shall be installed, owned, and maintained as provided in the
Company's Electric Tariff G.
9. GENERAL RULES AND PROVISIONS
Service under this Schedule is subject to the General Rules and Provisions contained in
Schedule 80 of the Company's Electric Tariff 13.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Hams
Electric Sheet No. 71 f__
WN U-60 [Original Sheet No. 71-gl
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
10. DEFINITIONS
Thc following terms when used in this Schedule shall, solely for purposes of this Schedule,
have the meanings given below:
a. Conversion Area: The geographical area in which the Company replaces its overhead
electric distribution system with an Underground Distribution System.
b. Cost of Conversion: The cost of converting an existing overhead distribution system to
an Underground Distribution System shall bc the sum of:
(i) the actual, reasonable costs to the Company for labor, materials and overheads and all
other reasonable costs, not including mark-up or profit of the Company,- for design of
the Underground Distribution System, such costs to be determined in accordance with
as-set-fog4~the Design Agreement; plus
(ii) thc actual ~osts to thc Company for labor, materials and overheads and all
other costs, not including mark-up or profit of the Company,- to construct and install
the Underground Distribution System, up to a maximum amount determined in
accordance with the Construction Agreement; plus
(iii)thc actual reasonable design costs to the Company (including costs for labor,
materials and overheads and all other reasonable costs), and the actual construction
and installation costs to the Company (including costs for labor, materials and
overheads and all other costs), less the salvage value to the Company of the facilities
removed, up to a maximum amount determined in accordance with the Construction
Agreement, in each case not including mark-up or profit of the Company,- to t~e~
Cc, m~any cf for removal of the existing electrical facilities, le:~ ~e :a!vage va?ac, to
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By; Vice President, Rates & Regulation
Kimberly Hanfis
Electric Sheet No. 7! g
acccrdan:e with t"..~ Ccnsm::ticn A;r~em.~nt; plus
(iv)the actual ~easo~l~le~osts to the Gov~m~t Bnfi~ (if any) ofpurch~ and
installation of ducts ~and vaul~ or other Facilities that the Govemm~t Enti~ h~
a~eed to install for ~e Under~ound Distribution Systm pursuant to the
Cons~cfion A~ement, up to a m~imum amount dete~ined in accordance ~th
the Cons~ction A~eement; plus
(v) ~e actual, reasonable cos~ to the Govemm~t EnfiW (if any) of obUining Public
~orou~fare or other equivalent fi~ for the Facilities pursuant to Section 3.a._~
(vi) '&e dep:~c~ted value ~f that pc~cn, if any, cf'~e ex!:~ng cv~h~d d~s~b'at~cn
lin discussions between lawyers, it was conveyed that this concept is supposed to
ap~ly onl~ to instances in which faciliti~ are moved from a l~aflon outside the
~blie Thoroughfare~ as in Section 2.b~2). ~) is delet~ because ~ drafl~ it
doesn't apply only to facilifi~ mov~ from a location outside the Public
Thorouffhfare. Ple~e let us know how the Cifi~ intended this provision to
a~l~.l
~e Cost of Conwrsion shall not include any ~s~ of Trenching~ ~d Restoration, or o~
the Compan~s ob~ining rights pursuant to Section 3.b of this Schedule. Comply
up,des ~and exp~siom, Govemm~t Enfi~ requested ch~ges ~d requested
up~ades, the cost of dela~ ~d ove~me labor cos~ shall be as prodded for in the
Desi~ A~e~t and ~e Cons~ction A~e~ent.
c. Facilities: All components of~e Und~ound Dis~bufion System, including but not
limited to, p~m~ vol~ge cables, seconda~ vol~ge cables, co~ecfions, t~inafions,
pad-mount~ ~sfo~e~, pad-mounted switches, duc~, vaults ~d othg ~sociated
components.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 71 g__
WN U-60 [Original Sheet No. 7 l-hi
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITLES
(Continued)
d. Government Entity: The municipality, county or other government entity having
authority over the Public Thoroughfare in the Conversion Area.
c. Public Thoroughfare: Any municipal, county, state, federal or other public road,
highway, throughway, or other public ~ight-of-way or other public ~hts
easememdesignatcd for utility usc.
f. Relocation Period: (i) Regarding the relocation of any Facilities other than those
Facilities with respect to which the Government Entity pays 100% of the Cost of
Conversion pursuant to Section 2.b(2), five (5) years from the date of the installation of
such Facilities; and (ii) regarding the relocation of those Facilities with respect to which
the Government Entity pays 100% of the Cost of Conversion pursuant to Section 2.b(2),
the period for which the Company had the right to maintain its facilities in the location
outside the Public Thoroughfare if such facilities had not been converted to Underg$ound
Distribution System pursuant to this Schedule.
g. Temporary Service: Temporary Service shall have the meaning set forth in the General
Rules and Provisions of the Company's Electric Tariff G and, in addition, shall mean
(i) limited overhead facilities that, at the request of the Government Entity, the Company
may elect in its sole discretion to leave in place within the Conversion Area after
installation of the Underground Distribution System and/or (ii) limited overhead or
underground facilities that, at the request of the Government Entity, the Company may
elect in its sole discretion to install concurrently with the installation of the Underground
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Hah'is
Electric Sheet No. ?] ~
Distribution System, and that, in each case, shall be used to provide overhead distribution
service within the Conversion Area for such period as may be approved by the Company
;:~.~n its acting_ r-eaaonal~reasonably ~igcre~e.n under the circumstances, (e.g., to
accommodate other demolition or construction projects within the Conversion Area).
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 200148
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 7! ~__
WN U-60 [Original Sheet No. 71-i]
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
h. Trenching and Restoration: Includes, but is not limited to, any or all of the following,
whether in Public Thoroughfares or on other property: breakup of sidewalks, driveways,
street surfaces and pavements; disturbance or removal of landscaping; excavating for
vaults; trenching for ducts or cable; shoring, flagging, barricading and backfilling;
installation of select backfill or concrete around ducts (ifrequired)~ compaction; and
restoration of Public Thoroughfares and other property; all in accordance with the
specifications applicable thereto set forth in the Design Agreement and the Construction
Agreement.
i. Underground Distribution System: An underground electric distribution system,
excluding "Underground Service Lines" as such term is defined herein, that is comparable
to the overhead distribution system being replaced. The Underground Distribution
System includes the Facilities as defined herein. For purposes of this Schedule, a
"comparable" system shall include, unless the Government Entity and the Company
otherwise agree, the number of empty ducts (not to exceed two (2), and as specified and
agreed upon in the Design Agreement and Construction Agreement) nc mere ~a.". ~::c (2)
o~, .......... sT e: ~ c,: ............... ~, ........... ~ .... z necessary to r cate
the l:.nc, c,."-:%~n~ operating capacity class (200 amp or 600 amp system) of the overhead
pale: system being remzve~, ':,'~ic~cvcr i: !z::c.nvplaced.
j. Underground Service Lines: The underground electric cables and associated components
extending from the service connections ~f-at the outside of the customers' structures to
the designated primary voltage or secondary voltage service connection points of an
Underground Distribution System.
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 71 i~
WN U-60 [Original Sheet No. 71-j]
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
Attachment "A" - Design Agreement
SCHEDULE 71 UNDERGROUND CONVERSION AGREEMENT
[To be replaced with agreement to be negotiated.]
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, lac.
By: Vice President, Rates & Regulation
Kimbedy Harris
Electric Sheet No. 71 j__
WN U-60 [Original Sheet No. 7 l-k]
PUGET SOUND ENERGY
Electric Tariff G
SCHEDULE 71
CONVERSION TO UNDERGROUND SERVICE
FOR GOVERNMENT ENTITIES
(Continued)
Attachment "B" - Construction Agreement
SCHEDULE 71 UNDERGROUND CONVERSION AGREEMENT
[To be replaced with agreement to be negotiated.]
Issued: November 26, 2001 Effective: December 27, 2001
Advice No. 2001-48
Issued By Puget Sound Energy, Inc.
By: Vice President, Rates & Regulation
Kimberly Harris
Electric Sheet No. 7! ~
239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
***AMENDED***
DATE OF AMENDED NOTICE: MAY 28, 2002
You are hereby notified that the BREMERTON CITY COUNCIL will hold two EXECUTIVE
SESSIONS on WEDNESDAY, MAY 29, 2002, immediately following the regular business
meeting of the Council, in the City Council Conference Room as follows:
1. 10-minutes to discuss "PENDING LITIGATION" per R.C.W. Chapter 42.30.110 (1) (i); and
2. 30-minutes to "REVIEW LABOR NEGOTIATIONS" per R.C.W. Chapter 42.30.140 (4) (b).
(These meetings are not open to the public).
Signed this 28th day of May 2002
K / i,
E-mad: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us