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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. 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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