HomeMy WebLinkAbout12/20/00 AGENDA CITY COUNCIL MEETING AGENDA
DECEMBER 20, 2000
1. PRE-COUNCIL 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 - November 29, 2000 (#AB00-284) I
B. Resolution No. 2786, Designating the Bank of New York as Safekeeping Agent for City / O
Securities (#AB00-285)
C. Resolution No. 2787 Establishing Year 2001 Letter of Legislative Intent (#AB00-286) ~
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
9. NEW BUSINESS
A. Approval of Amended CDBG Recommendations (#AB00-287) /~
B. Approval of Requested HOME Allocations (#AB00-288) 5-,~
C. Sole Source Lease/Purchase of Invensys Radio-Read Meter Reading System for the ~ ~
Water Utility (#AB00-289)
D. Water Service Area Agreement with the Erland Point Water Company, Inc. (#AB00-290) ~'~'
E. Memorandum of Understanding Concerning Watershed Planning for Kitsap Peninsula ~
(#AB00-291 )
F. CSO Reduction Plan Update, Amendment No. I to Professional Services Agreement ~7 ~,
(#AB00-292)
G. Amendment No. 2 to Professional Services Agreement with Marten & Brown (#AB00-293) ~ ~
H. Professional Services Agreement for Mediation Services; and Joint Request by Mayor & ~(~
Council for Expedited Judicial Review (#AB00-294)
10. PUBLIC HEARING
A. Appeal of Determination of Non-Significance for the Proposed Rezone along Shore Drive ~
from SF-3 to SF-3 SD (Quasi-Judicial Hearing) (#AB00-295)
11. ADJOURNMENT OF MEETING
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF:
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING - NOVEHBER 29, 2000 ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMI'FrED:
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR: COUNCIL PRESIDENT: ,,"¢ ,:i ~,,--*<~:'~ ;,' :~'-" .... "
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
P U LLED TAB LED AP P ROVE D D I SAP P ROVE D AM E llJ~ _~__
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: O0 "' ~LC
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT (continued):
5. IMPACT ON NON-PA$SAGF:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
TAPES #1734, #1735 & #1736 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
November 29, 2000
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4t" Street, Bremerton, Washington, Wednesday, November 29, 2000, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Jim Reed,
Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, and Cecil McConnell. Council
member Wayne Olsen was absent. Also present were City Attorney Glenna Malanca; Deputy City
Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed
by the invocation given by Pastor Larry Rodgers of Central Kitsap Christian Church.
President Arends made the following announcements:
(1) Council held a Pre-Council Session in the Council Conference Room to discuss general Council
business; followed by a 5-minute Executive Session to "Review Labor Negotiations" and a 15-
minute Executive Session to discuss "Potential Litigation"; and
(2) Item 9C was added under NEW BUSINESS to discuss "Retention of the Current City Attorney as
Special Counsel to the City Council in the Event of a Purported Separation from Employment'.
CONSENT AGENDA
A. Minutes of Meeting - November 8, 2000 (#AB00-261)
#0025 M/S/C/U (McConnell/Shepherd) 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.
#0045 M/S/C/U (Law/McConnell) On November 29, 2000, the Council does approve for payment
those vouchers included and further described as follows: 247151 through 247301 in the amount of
$459,950.81.
COUNCIL MEMBER REPORTS
John Law welcomed a new merchant "The Antique Ladies of Manette", a very nice antique shop on
East 11th Street. He also acknowledged the Police Department, the Bremerton School District, and
Mayor Horton for their participation in a very informative District 3 meeting last week.
Ed Rollman was pleased to see a big crowd at the meeting tonight. He reminded the public that
Santa & Mrs. Clause were "coming to town" this Friday at approximately 6:00 P.M.
Mike Shepherd commented on a 26-mile marathon that he was proud to complete this past
weekend. He discussed the budget sessions recently completed, the proposed committees to be
formed with citizen participation; a Joint City Council & Planning Commission Session held Monday
night; and lastly, the "Smart Growth" workshops held at the Admiral Theater Tuesday afternoon.
David Farr thanked the Bremerton Police Department for their efforts in apprehending a very
reckless driver within minutes after being reported by a concerned citizen from his District.
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 2 of 7
President Arends also attended the "Smart Growth" conference sponsored by Kitsap County, and
complimented the organizers, speakers, as well as the Admiral Theater for being excellent hosts.
MAYOR'S REPORT
Mayor Horton reiterated comments regarding the outstanding "Smart Growth" conference sponsored
by Kitsap County at the Admiral Theater yesterday afternoon, which she considered very "worthwhile"
and encouraged anyone to view the taped presentations. She announced the Church of the
Nazarene would be hosting 70-minute walk-through presentation of"A Little Town of Bethlehem" for
the next two weekends; and encouraged citizens to participate in a blood drive from 12:00 noon to
6:00 P.M. at the Washington Mutual Bank Building on Friday, December 1. On a sad note, she
reported that Mr. James Walker, a long-time citizen of Bremerton had recently passed away, and
extended condolences to his family.
LEGISLATIVE REPORT - There was no report this evening.
PUBLIC RECOGNITION
Bruce Christo.oherson, Vice President of Ace Paving Company (founded in Bremerton in 1947),
announced that both the Company and City of Bremerton received the First Place Quality Award for
"The Best City Paving Project" in Western Washington for the Burwell Street Improvement project.
Mayor Horton received the award, and thanked Ace Paving Company for their excellent work; and
the Washington Asphalt Paving Association, and the Washington Chapter of American Public Works
Association for the award.
Carol Atkinson reiterated the announcement be Mr. Rollman regarding activities that would begin at
5:30 P.M. downtown along with the arrival of Santa Clause by a fire truck at approximately 6:00 P.M.
Del Knauss was proud of the Council for setting legislation, "as they were elected to do", and
commented that Glenna Malanca was "one of the best City Attorneys Bremerton has had". H. Emily
Moshay disagreed, and was disappointed and upset at how the Mayor has been "attacked for doing
her job". Paul Drnjevic agreed with Mr. Knauss that the Council was doing the job they were
"elected to do", and referred to an editorial in The SUN. Roy Mclnnis added his comments
regarding the recent articles, and that for Bremerton to "come together", the employees of this City
will have to work together. Gerry_ Peret was upset at the actions of the Council, but also agreed that
the City must pull together. Rob Schniedler provided his comments, and emphasized that it was
the job of the Mayor to represent the City; and it was the job of the Council to also represent the City
as well as their individual Districts.
Wendy Rexson addressed her concerns regarding downtown parking issues.
Gordy Byrd provided information on upcoming Kitsap Transit meetings.
9A - APPOINTMENT OF JOAN TAlE TO THE PUBLIC ACCESS CITIZENS ADVISORY
COMMI'I-I'EE (#AB00-262): Mayor Horton provided comments to support her recommendation for
Joan Tale to be appointed to the Public Access Citizens Advisory Committee.
There were no comments from the public.
#1335 M/S/C/U (Farr/Rollman) Move to confirm the appointment of Joan Tale to the Public Access
Committee.
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 3 of 7
9B - MOVING LEGAL DEPARTMENT BUDGET UNDER CITY COUNCIL BUDGET (#AB00-263):
This request is for the Council to consider the need to place the Legal Department's budget under the
City Council budget to better facilitate the direct of Legal Department communications to the City
Council. Ensuring the independence of the City Attorney in providing legal service to the City is an
additional motivation for this budget consideration.
Paul Drnjevic agreed with this action by the Council to solve the problem of this "unfortunate
situation", and commended Glenna Malanca for the work she has done for the City.
Jerry_ Van Fossen agreed with the Mayor for not accepting the "withdrawal of the resignation" by the
City Attorney, and believed that Glenna Malanca should now have to "reapply" to get back her
position. He very much disagreed with the action being taken by the Council. Roy Mclnnis pointed
out that this issue was strictly dealing with moving one department's budget under another
department's budget, and this was not an issue of any particular "individual".
Mr. Reed stated that it was the job of the Council to legislate, set policy, and provide direction to the
City. He proposed that this was one step toward keeping the current City Attorney employed by the
City. Mr. Farr did not feel this action was good for the City or the right thing to do because, in part,
this was a part-time Council that did not have the time or the expertise to deal with administrative
issues. He believed the trend for the City was getting better and moving forward and feared this
action would interfere with the progress that has been made. Mr. Rollman stated he believed the
Council was doing what they had to do to retain a good Department Head, and has not seen any
information to justify or support her being forced to leave the City. Mr. McConnell decided that the
problem was not the Council, but the Mayor's dislike for the City Attorney.
Mr. Law supported this action before the Council, then explained why the Council wants to keep this
attorney, and second, what would happen to future Councils if the City loses this attorney. He
provided several significant examples why this City must do everything it could to retain this City
Attorney. He hoped the mediation efforts would take place in the next few days. Mr. Esser provided
his comments of support, emphasizing that this was a matter of "checks and balances".
#2318 M/S/C (Reed/Esser) Move to provide for the placement of the Legal Department's budget
under the City Council budget during the course of the Council review of the 2001-2002 Budget.
Voted in favor of this Motion: Shepherd, Esser, Reed, McConnell, Law, and Rollman
Voted opposed to this Motion: Farr
Abstained: Arends
Motion carried: 6-Yes; l-No; l-Abstention
9C - RETENTION OF THE CURRENT CITY ATTORNEY AS SPECIAL COUNSEL TO THE CITY
COUNCIL IN THE EVENT OF A PURPORTED SEPARATION FROM EMPLOYMENT (#AB00-268):
The City Council is considering the need to provide for the employment of the current City Attorney as
Special Counsel to the City Council, as provided under Section 25 of the City Charter. The need for
this consideration is based upon the opposing legal positions taken by the City Council and the Mayor
regarding the City Council's November 15 acceptance of the City Attorney's withdrawal of her
November 1 resignation, subsequent to the Mayor's November 2 acceptance of the City Attorney's
resignation. The proposed employment of the current City Attorney as Special Counsel would
become effective contemporaneously with the effective date and time of any separation paperwork
relating to the City Attorney's current employment. The City Council continues to maintain its
authority under the terms of the City Charter to accept the City Attorney's withdrawal of her
resignation.
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 4 of 7
Carlos Montgomery was concerned that this action would only provide a City Attorney to the Council
and not the whole City; Elizabeth Buell wanted the resignation withdrawn; Roy Mclnni$ was
concerned that these actions taken tonight were "illegal"; Sherril Huff-Menees addressed this
motion in a broader sense, including how the public perceives the action being taken. She reminded
the Council that they must only deal with legislative issues, not administrative duties. Larry_
Dickerson agreed with the previous comments and was embarrassed by these actions. Jerry Van
Fossen reiterated his opposition to this action. Tim Arnold provided a comment made by a
developer, who was looking at this area, that after reading articles in the paper, he was "glad he
would be locating outside the City limits because Bremerton was dysfunctional." Gerry_ Peret
suggested both sides go through arbitration before these actions are taken. Paul Drn_ievic supported
Glenna Malanca, however, he hoped an answer could be found through mediation. Richard Neff
believed there were a lot of "tactical" maneuvers going on, and therefore, agreed that mediation
should precede action such as what was before Council on this issue this evening.
Mr. Fart agreed that mediation would be adventitious, and "implored" his fellow Council members to
step back, and remove themselves from any "personal issues".
#0182 M/F (Farr) Move to table this item for one week.
Motion failed for lack of a second.
Mr. Esser reiterated his previous comments that the Mayor is responsible is for carrying out the
policies set by City Council, and cautioned the public to not get all of their information from the
newspaper. He provided a recap of the events, which he believed led to this action before the
Council this evening. Mr. Rollman added that it takes both sides participating in good faith for any
mediation to work, which was an option offered by the Council, but the option was not accepted. Mr.
McConnell elaborated on earlier comments made regarding misinformation provided to Council by
previous City Attorneys. He clarified this as a "preventative measure" by the Council. He also
pointed out that the Bremerton City Charter designates that the City Council, not the Mayor, is the
only authoritative body to fire the City Attorney. Mr. Law provided an additional comment on the
mediation issue, clarifying that today was the first sincere offer made by the Mayor to accept their
previous offers of mediation. Mr. She_oherd stated this action was a contingency provision that will
only be enacted if necessary. Mr. Reed added that this action does not cost the City any money, and
reiterated that it is only a preventative measure.
#0670 M/S/C (Shepherd/Law) Move to provide for the employment of the current City Attorney as
Special Counsel to the City Council in the event of separation paperwork becoming effective relating
to the City Attorney's current employment. As Special Counsel to the City Council, Glenna Malanca
will become employed under the same terms and conditions, including office space and support staff,
as under her present employment. Her duties as Special Counsel shall be as assigned by the
Council President. A Budget Adjustment and Contract of Employment shall be considered by the
Council at its next regular meeting subsequent to the effective date of any separation papers relating
to Glenna Malanca's present employment. Until such Budget Adjustment, her position shall be
funded from the Legal Department's budget. The City Council stated for the record that they believe
City Council has the authority to accept the City Attorney's withdrawal of her resignation, and this
action is solely a preventative measure to avoid confusion regarding the current City Attorney's
employment status, which the City Council maintains is still the "City Attorney".
Voted in favor of this Motion: Esser, Reed, McConnell, Law, Rollman, Shepherd, and Arends
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 5 of 7
Voted opposed to this Motion: Farr
Motion carried: 7-Yes; l-No
10A- PUBLIC HEARING AND ORDINANCE (FIRST READING) REDUCING MAYOR'S
SPENDING AUTHORITY (#AB00-264): The City Council is considering the need to amend Chapter
2.76 of the Bremerton Municipal Code to reduce the Mayor and other employee's spending authority
in order to be more informed on the expenditures by the City. It was clarified that the ordinance was
amended to pertain only to professional services.
Carlos Montgomery was opposed to these actions, which he felt were the result of what only 5
members of the Council wanted. Dave Boynton voiced his concern that this limit to the Mayor's
spending authority would affect equipment. Ms. Malanca reiterated that this action would only affect
professional services. Larry Dickerson urged the Council not to support this action. Paul Drnjevic
provided comments in support of the Council and their approval of this item, but suggested a more
realistic limit of $5,000 rather than $1,000.
Ms. Malanca in response to previous comments, explained that professional services discussed are
very specifically defined in the Purchasing Ordinance, which include "consultants" such as
engineering, attorneys architects, or those holding a license to practice their trade. Mr. Esser, Mr.
Rollman, Mr. McConnell, and Mr. Law each provided comments in support of this action; balanced
by comments in opposition by Mr. Fart.
#1585 Amended-M/S/F (Shepherd/McConnell) Move to amend amount of professional services to $0.
Voted in favor of this amended Motion: Esser, Reed, and Shepherd
Voted opposed to this amended Motion: Fart, McConnell, Law, Rollman, and Arends
Amended Motion failed: 3-Yes; 5-No
#1605 M/SIC (McConnell/Law) Move to approve the ordinance on first reading, amending Chapter
2.76 of the Bremerton Municipal Code and updating the City's purchasing procedures.
Voted in favor of this Main Motion: Esser, Reed, McConnell, Law, Rollman, and Shepherd
Voted opposed to this Main Motion: Farr
Abstained: Arends
Main Motion carried: 6-Yes; l-No; and l-Abstention
10B - PUBLIC HEARING AND ORDINANCE (FIRST READING) VACATING A PORTION OF "O"
STREET (#AB00-265): Jeff Shea, Senior Engineer, stated that a petition was provided by Dale &
Donna Dahl to vacate a portion of "O" Street from Oyster Bay Avenue to 279-feet east. A hearing
date of November 29, 2000 was set by the City Council on October 25, 2000. Posting of the hearing
notices, along with mailings to the adjacent property owners have been completed in accordance with
state law and the Bremerton Municipal Code. This right-of-way consists of an unimproved section of
right-of-way currently used as a vehicle access to the property. The furthest east section of this right-
of-way is a deep depression that contains water year round. The vacation is being requested by the
abutting property owners to improve the property for development. Specific items for City Council
consideration are outlined in the Staff Report. Visuals were shown, and it was additionally pointed
out that the property owner, Mr. Lachlan Munro, provided a written letter stating that he did not have
any objections with this vacation of the right-of-way.
There were no comments from the public.
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 6 of 7
#1835 M/S/C/U (Fart/Reed) Move to approve the attached ordinance on first reading, vacating a
portion of "O" Street, from Oyster Bay Avenue to 279 feet East.
10C - PUBLIC HEARING AND ORDINANCE (.FIRST READING) REGARDING ANNEXATION OF
THE REAL PROPERTY DESCRIBED WITHIN THE ADOPTED PORT BLAKELY SUB-AREA PLAN
(#AB00-266}: Warren Olsen a consultant with this project, reiterated that the City of Bremerton,
Kitsap County, and Port Blakely Communities have cooperatively prepared and adopted a Three-
Party Agreement, which established certain terms and conditions relating to annexation of the Port
Blakely Sub-Area Plan, a large parcel of land (approximately 440 acres) located to the west of Kitsap
Lake. The City has amended its 1995 Comprehensive Plan and the Zoning Code in such a manner
as to facilitate annexation of the Port Blakely Sub-Area. Consequently, the City has received a
petition to annex the property from the developer and has forwarded the Notice of Intention of
Bremerton Annexation to the Kitsap County Boundary Review Board. Annexation of the property
implements the agreed upon provisions of the Three-Party Agreement. A letter from the office of the
Suquamish Tribal Attorney was distributed, which provided their testimony in opposition to approval of
the Initial Development Agreement between the City of Bremerton and Port Blakely. Lee Wyatt of
the Planning Department provided additional comments, and also addressed the questions regarding
the legality of this project. He established that it was legal according to the Growth Management Act,
which allowed Kitsap County to create this as a "joint planning area" with the City of Bremerton.
Carlos Montgomery hoped the citizens did not take the "population allocation" as absolute fact
because the City needed this type of growth. Donna Ostervahl also expressed her support for this
project. Helen Miller read a letter into the record to voice her concerns over this project, which
included her concern that it is unknown how much citizen tax money would be used for this project,
and questioned what benefit was this project to Bremerton. Mrs. Miller was asked to provide a copy
of her letter so that all of her issues could be addressed.
John Adams with Port Blakely Properties, clarified that the population allocation has already been
dealt with; then provided additional information to address road construction and maintenance issues;
and what the Development Agreement does and doesn't do, particularly regarding SEPA issues, in
response to the document received by the Suquamish Tribe.
Mr, Shepherd provided comments in support of this project, and pointed out that it was a "model"
project. Mr. Reed clarified that the issue of access will still be studied in the future, and was not
included in this document. Mr. Fart commented that he was proud to vote in favor of this action.
#3715 M/S/C/U (Fart/Reed) Move to approve ordinance on first reading, annexing 440 acres of real
property commonly known as the Port Blakely Sub-Area, pursuant to the direct petition method set
forth in R.C.W. Chapter 35.13, describing the boundaries thereof; requiring said properties to be
assessed and taxed at the same rate and basis as the other property within the City; and fixing the
effective date of said annexation.
John Law left the meeting at approximately 9:00 P.M. and was not available for the following vote.
10D - PUBLIC HEARING AND ORDINANCE (FIRST READING) REGARDING ADOPTION OF
INITIAL DEVELOPMENT AGREEMENT FOR THE PROPERTY COMMONLY KNOWN AS THE
PORT BLAKELY SUB-AREA PLAN. WHICH ESTABLISHES A MIXED USE DISTRICT (MXD)
ZONING CLASSIFICATION FOR THE PROPERTY UPON ANNEXATION (#AB00-267): Warren,
Olsen a consultant with this project, reiterated that the City of Bremerton, Kitsap County, and Port
Blakely Communities have cooperatively prepared and adopted a Three-Party Agreement, which
TAPES #1734, #1735 & #1736
City Council Reg. Mtg. Minutes
November 29, 2000
Page 7 of 7
established certain terms and conditions relating to annexation of the Port Blakely Sub-Area Plan, a
large parcel of land (approximately 440 acres) located to the west of Kitsap Lake. The City has
amended its 1995 Comprehensive Plan and the Zoning Code in such a manner as to facilitate
annexation of the Port Blakely Sub-Area. Consequently, the City has received a petition to annex the
property from the developer and has forwarded the Notice of Intention of Bremerton Annexation to
the Kitsap County Boundary Review Board. Adoption of the Initial Development Agreement and
classification of the Port Blakely Sub-Area is a Mixed Use District (MXD) zone upon annexation
implements agreed upon provisions of the adopted Port Blakely Sub-Area Plan and the Three-Party
Agreement. In closing, the content of the document was briefly summarized.
Helen Miller clarified that the letter from the Suquamish Tribe was made a part of the official record,
then raised questions regarding the recent ruling on Chico Creek. Warren Olsen responded that the
letter from Suquamish Tribe was handed out during the previous issue. He responded that he was
not familiar with the ruling on Chico Creek, however, but noted that substantial studies would be
done. Mr. Adams noted that he was familiar with a possible ESA ruling on Deer Creek, once rules
are established next year, all projects must then comply with those rules.
#0175 M/S/C/U (McConnell/Reed) Move to approve ordinance on first reading, zoning the site
commonly known as the Port Blakely property upon annexation as authorized by the City's
Comprehensive Plan by Ordinance No. 4722; applying the "Mixed Use District" (MXD) zone
classification for the site as established by Ordinance No. 4723; and adopting an Initial Development
Agreement as part of the site specific zoning.
With no further business, meeting concluded at 9:10 P.M.
Prepared and Submitted by:
LORI SMITH, Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJIIslcge
c: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION NO. ~;~ FORAGENDA OF: Dec. 20,2000
ORIGINATING DEPT: Treasu~~
Designating the Bank of New York as Safekeeping Agent ORIGINATOR: Rich HaVana
for City Securities. DATE SUBMITTED: Dec. 6, 2000
2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS:
Dir. Admin. Services
1
City Attorney ~ . Authorization Form
Fiscal & Budg~_'~---~'~~'~'~: '' ~ "; ~ ,-~..~,~...x Statewide Safekeeping Contract
Operations ~
ENDORSEMEI~S ~ INFORi~IATION,, , APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The State Treasurer has conducted an RFP process and subsequently negotiated a state-wide contract for securities
custody services. This state-wide contract offers pricing and other contract terms which would be unobtainable by the
City acting alone. Approval of the proposed resolution is a necessary precondition to the City participating in the
state-wide contract.
8. RECOMMENDATION:
Motion to approve Resolution No.~" ,~ c~/ to allow City participation in the state-wide contra(
safekeeping.
9. RESPONSIBLE OFFICIAL: Treasurer
ENFORCEMENT OFFICIAL: Mayor
EXPIRATION DATE: March 31,2004
REVIEW DATE: N/A
10. NOTICE OF ACTION
COUNcILPULLED DIRECTIvE:TABLED APPROVED DISAPPROVED AMENDED 3 B
11. AGENDA BILL NO: 00 -' 2 <~ ~'
Io
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City will continue with its current arrangements for securities safekeeping.
6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQ. UIPMENT OR OTHER RESOURCES:
Included in 2001 - 2002 budget.
7. RESEARCH SOURCES:
State Treasurer.
SOI UT O ;2-7
A RESOLUTION of the City Council of Bremerton,
Washington designating Bank of New York as an
Agent of the City of Bremerton for the safekeeping
of securities.
WitEREAS, the City of Bremerton is desirous of entering into a safekeeping agreement
in order to provide for the security of its investments, and
WHEREAS, a certification of corporate authority is a necessary precondition of entering
into said agreement, now therefore
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL:
TItAT Bank of New York be and hereby is designated an agent of the City of Bremerton
for the safekeeping of securities. Be it further resolved, that instructions to the agent shall be
given by the officers named on the attached agreement, or their successors.
PASSED by the City Council of the City of Bremerton this day of
,20
CAROL ARENDS, Council President
The BANK OF NEW YORK
CERTIFICATE OF AUTHORIZED INDIVIDUALS
GOVERNMENT AGENCIES
Account Name: City of Bremerton Account#:
I certify that I am the Clerk of City' of Bremerton , formed and
existing under the laws of State of Washington I further certify that in accordance with the
authority granted by and other applicable law (Attach a copy of
appropriate ordinance, council minutes or other source of documented authority). The Bank of New York
has been designated a cus t odi an (agent/custodian) under the custodial agreement, a copy of which is
attached to this authorization. I further certify that the persons holding the position(s) of
Treasurer & Assistant Treasurer may conduct business within the duties designated by state statute and
local code and shall have the authority to instruct The Bank of New York and to execute such further
documents and instruments as may be required or useful.
The Bank of New York may rely on instructions given by any one of the Authorized Persons named below,
who shall have the authority to obligate this public entity to contracts and agreen~ents with The Bank of
Richard Hanna, City Treasurer
Name/Position ~ignature -' ~
Catherine Johnson, Asst. City /t~/~-Z~o'_ (~~£~7 /
Name/Position Treasurer- ~ignat~re T /~[ ! v _
Name/Position Signature
Name/position Signature
The above list of Authorized Persons may be amended from time to time in writing by certification
executed by the undersigned or his/her successors in office.
Witness my hand and the official seal the day of ,19 .,
Signature:
Name: Kathle~n McCluskey
(OFFICIAL SEAL) Title: City Clerk
3/9/00
u:,~o~,s~^cc'moc~s,o.~oc 13
WASHINGTON STATEWIDE
CONTRACT
For
Security Custody Services
December, 2000
SaI~koepmg Con~a'act I ~
WASHINGTON STATEWIDE CONTRACT
FOR SECURITY CUSTODY SERVICES
Table of Contents
GENERAL PROVISIONS .............................................................................................. 1
1. CONTRACTING PARTIES ......................................................................................................... 1
2. HEREBY WlTNESSETH: ............................................................................................................ 1
3. ADDITIONAL SERVICES ........................................................................................................... 1
4. CONSIDERATION ...................................................................................................................... 1
5. APPOINTMENT OF CUSTODIAN .............................................................................................. 2
6. AGREEMENT .............................................................................................................................. 2
7. PERSONAL LIABILITY .............................................................................................................. 3
8. HOLD HARMLESS AND INDEMNIFICATION ......................................................................... 3
9. CONFLICT AND SEVERABILITY ............................................................................................. 4
10. NONDISCRIMINATION AND AFFIRMATIVE ACTION ........................................................ 4
11. GIFTS AND GRATUITIES ........................................................................................................ 5
12. RIGHTS AND REMEDIES ........................................................................................................ 5
13. PERFORMANCE ....................................................................................................................... 6
14. GOVERNING LAW ................................................................................................................... 6
15. SUBCONTRACT/ASSIGNMENT ............................................................................................. 6
DEFINITIONS ................................................................................................................ 6
16. DEFINITIONS ........................................................................................................................... 6
SCOPE OF SERVICES .................................................................................................. 7
17. SCOPE OF SERVICES .............................................................................................................. 7
AGREEMENT TERM AND TERMINATION ............................................................... 8
18. TERM OF AGREEMENT AND SURVIVORSHIP OF TERMS ................................................. 8
19. TERMINATION AND REMEDIES ........................................................................................... 8
20. FORCE MAJEURE .................................................................................................................. 11
21. CONFLICT OF INTEREST ...................................................................................................... 11
CONTRACT ADMINISTRATION .............................................................................. 12
22. INCORPORATED DOCUMENTS ........................................................................................... 12
23. ORDER OF PRECEDENCE ..................................................................................................... 12
24. ENTIRE AGREEMENT ........................................................................................................... 13
25. LIMITATION OF AGENCY'S AUTHORITY .......................................................................... 13
26. AGENCY CONTRACT ADMINISTRATOR ........................................................................... 13
27. BANK'S ACCOUNT MANAGER ............................................................................................ 13
28. CHANGES ............................................................................................................................... 14
29. DISPUTES ............................................................................................................................... 14
30. ADVERTISING ....................................................................................................................... 14
31. CONSENT ............................................................................................................................... 14
AGENCY RESPONSIBILITIES ........ 15
32. PROTECTION OF PROPRIETARY AND CONFIDENTIAL INFORMATION ....................... 15
33. FUNDS TRANSFER AUTHORIZATION AGREEMENT ....................... 15
BANK RESPONSIBILITIES ........................................................................................ 15
34. REGISTRATION WITH THE DEPARTMENT OF REVENUE ............................................... 15
35. LICENSING AND ACCREDITATION STANDARDS ............................................................ 15
36. WORKERS' COMPENSATION INSURANCE COVERAGE ........................................ 15
37. CONFIDENTIALITY OF AGENCY RECORDS ...................................................................... 16
38. AUDITING .............................................................................................................................. 16
39. BANK COMMITMENTS, WARRANTIES, AND REPRESENTATIONS ................................ 16
40. YEAR 2000 COMPLIANCE .................................................................................................... 17
41. PRICE INCREASES ................................................................................................................ 18
CUSTODY PROVISIONS ............................................................................................ 18
42. CUSTODY OF SECURITIES ................................................................................................... 18
PAYMENT PROVISIONS ........................................................................................... 26
43. PAYMENTS ............................................................................................................................ 26
44. TAXES .................................................................................................................................... 26
45. DAMAGES ........................... 26
CONTRACT EXECUTION .......................................................................................... 27
46. COUNTERPARTS ................................................................................................................... 27
47. SIGNATURE BLOCKS ........................................................................................................... 28
Washington Statewide Custody Contract
WASHINGTON STATEWIDE AGREEMENT
FOR CUSTODY SERVICES
GENERAL PROVISIONS
1. CONTRACTING PARTIES
THIS AGREEMENT is entered into by and between CITY OF BREMERTON ,
STATE OF WASHINGTON, hereinafter referred to as the "Agency" and The Bank of
New York, hereinafter referred to as the "Custodian" or the '~Bank."
2. HEREBY WITNESSETH:
The State Of Washington, acting by and through the OFFICE OF THE TREASURER of
the STATE OF WASHINGTON, issued a Request for Proposal (RFP), dated November
23, 1999 for the purpose of obtaining proposals for providing statewide custody services.
As a result of that process, the State Treasurer has designated the Bank as the Statewide
Custodian, and the Bank has agreed to provide Statewide Custody Services, hereinafter
referred to as the "Services," as described in Bank's proposal, attached hereto at the
prices stated therein, in accordance with the terms of this Agreement.
3. ADDITIONAL SERVICES
The Parties agree that additional services, appropriate to the scope of this Agreement,
may be added to this Agreement by an instrument in writing and only with the written
consent of both parties. Such writing shall include a specific description of the additional
Services, pricing and additional terms and conditions as relevant. The additional Services
shall be available under the same terms and conditions established herein except as
specifically amended between the parties.
4. CONSIDERATION
In consideration whereof, the mutual promises made to each other, as hereinafter set
forth, the parties further agree as follows:
The Agency and the Bank agree that this Agreement is the complete and exclusive
statement between the parties which supersedes all proposals or prior agreements, oral or
written, and all other communications between the parties relating to the subject matter of
this Agreement except as included by attachment to this Agreement.
To the extent that any terms and conditions are in conflict with any other terms and
conditions, the order of authority is as follows: (1) these General Provisions are
controlling, followed by; (2) the Office of the State Treasurer RFP for Statewide
1
Washington Statewide Custo~ Contract
Securities Custody Services; and (3) the Bank's Proposal, inclusive of related Exhibits
and Schedules.
Unless otherwise agreed in writing, all amendments, addenda, and orders signed during
the life of this Agreement shall be governed by these General Provisions.
Any notice or demand which under this Agreement or applicable law must or may be
given by the Bank, or Agency shall be in writing, properly addressed and, as an
alternative to personal delivery, made by the most expeditious means available, with due
regard given to the time sensitivity of the notice or demand being made.
if to the Bank, at: if to the Agency, at:
The Bank of New York City of Bremerton
One Wall Street
New York, NY 10286 Rich Hanna
Attention: Government Agencies
Department 239 4th St
with a copy to: Bremerton, Wa 98310
BNY Western Trust Company
601 Union Street
Suite 520
Seattle, Washington 98101-2321
5. APPOINTMENT OF CUSTODIAN
The Agency hereby appoints the Bank as Custodian for certain assets of the Agency and
authorizes Custodian to hold such assets in registered form in its name or the name of its
nominees. All property delivered to the Bank, its agents or subcustodians, shall be held
and dealt with as herein provided. The Bank shall have no responsibility or liability for
the acts or omissions of prior Custodians, and shall not be responsible for any property of
the Agency not delivered to the Bank, its agents or subcustodians, and shall only be
obligated to accept such property that is in street name or other good delivery form. The
Bank hereby accepts this appointment.
6. AGREEMENT
NOW THEREFORE the Agency hereby awards to the Bank this Agreement for Custody
Services, hereinafter referred to as "Services," as listed and described in the RFP for
Statewide Custody Services as Exhibit A and acknowledged in the Bank's proposal as
Exhibit B both of which are on file at the Office of the State Treasurer, and by this
reference made a part hereof, as though completely set forth l~erein, subject to and in
accordance with the terms of this Agreement.
2
Washington Statewide Custody_ Contract
7. PERSONAL LIABILITY
It is agreed by and between the parties hereto that in no event shall any official, officer,
employee or agent of the Agency be in any way personally liable or responsible for any
covenant or agreement herein contained whether expressed or implied, nor for any
statement or representation made herein or in any connection with this agreement.
8. HOLD HARMLESS AND INDEMNIFICATION
8.1 The Bank shall be financially responsible 0iable) for any direct money
damages suffered by the Agency which are caused by the Bank's own
negligence, fraud, or failure to exercise Due Care, as defined in Section
42.9.1, in the Bank's performance of its duties under this Agreement. For
the purposes of tNs Agreement, direct money damages shall include those
situations where interest charges are incurred by the Agency or any loss of
earnings occurs that would otherwise have been realized by the Agency
through an overnight investment of funds, and where such interest charges
or loss of earnings are caused by the Bank's own negligence, fraud, or
failure to exercise Due Care, as defined in Section 42.9.1.
8.2 The Bank shall not be financially responsible (liable) for any damages or
for any losses to the Agency, unless such losses constitute direct money
damages caused by the Bank's own negligence, fraud, or failure to
exercise Due Care, as defined in Section 42.9.1, in the Bank's
performance of its duties under this Agreement. Notwithstanding any
other document or provision in this Agreement to the contrary, but
subject to Section 8.1 hereof, in no event shall the Bank be liable for
indirect, incidental, consequential or special damages regardless of the
form of action and even if the same are foreseeable, except that the
foregoing provisions of this sentence shall not limit the Bank's liability
for any punitive damages.
8.3 Each party to this Agreement agrees to indemnify and hold harmless the
other party, to the extent authorized by law, from all losses (excluding
attorney's fees and expenses) which relate to or result from lawsuits
brought by non-parties to this Agreement from activities covered by this
Agreement from:
8.3.1 A failure by the indemnifying party or its subsidiaries, affiliates,
agents, subcontractors, representatives or employees to comply
with any applicable federal, state or local law, rule or regulation;
8.3.2 A negligent act or omission or the breach of this Agreement (as
defined in Section 19.3) by the indemnifying party, its subsidiaries,
affiliates, agents, subcontractors, representatives or employees; or
a failure to exercise due care as defined in Section 42.9.1 herein.
3
Washington Statewide Custody Contract
8.3.3 Fraudulent or intentional misconduct by the indemnifying party or
its agents, subcontractors, representatives or employees.
8.3.4 Nothing in this section shall be construed to mean either party is
prevented from commencing a legal action against the other.
8.4 Notwithstanding any other document or provision in this Agreement to the
contrary, the above indemnity by the Bank to the Agency shall be limited
to direct money damages and shall relate only to the Bank's own actions
or omissions which constitute negligence, fraud, or failure to exercise Due
Care.
9. CONFLICT AND SEVERABILITY
9.1 CONFLICT In the event of conflict between contract documents and
applicable laws, codes, ordinances or regulations, the most stringent or
legally binding requirement shall govern and be considered a part of this
contract to afford the Agency maximum benefits.
9.2 SEVERABILITY Any provision of this document found to be
prohibited by law shall be ineffective to the extent of such prohibition
without invalidating the remainder of the document.
10. NONDISCRIMINATION AND AFFIRMATIVE ACTION
During the performance of this Agreement, the Bank shall comply with all federal and
state nondiscrimination statutes and regulations. These requirements include, but are not
limited to:
10.1 Nondiscrimination in Employment: The Bank shall not discriminate
against any employee or applicant for employment because of race, color,
sex, religion, national origin, creed, marital status, age, or the presence of
any sensory, mental or physical disability. This requirement does not
apply, however, to a religious corporation, association, educational
institution or society with respect to the employment of an individual of a
particular religion to perform work connected with the carrying on by such
corporation, association, educational institution or society of its activities.
10.1.1 The Bank shall take affirmative action to ensure that employees are
employed and treated during employment without discrimination
because of their race, color, religion, national origin, creed, marital
status, age, or the presence of any sensory, mental or physical
disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment selection for training, including
apprenticeships and volunteers.
4
Washington Statewide Custody Contract
10.2 Nondiscrimination in Client Services: The Bank shall not, on grounds of
race, color, sex, religion, national origin, creed, marital status, age or the
presence of any sensory, mental or physical disability:
10.2.1 Deny an individual any services or other benefits provided under
this contract;
10.2.2 Provide any service(s) or other benefits to an individual which are
different, or are provided in a different manner, from those
provided to others under this contract;
10.2.3 Subject an individual to segregation or separate treatment in any
manner related to the receipt of any service(s) or other benefits
provided under this contract; or,
10.2.4 Deny any individual an opportunity to participate in any program
provided by this contract through the provision of services or
otherwise, or afford any opportunity which is different from that
afforded others under this contract.
10.3 The Bank, in determining (1) the types of services or other benefits to be
provided or (2) the class of individuals to whom, or the situation in which,
such services or other benefits will be provided or (3) the class of
individuals to be afforded an opportunity to participate in any services or
other benefits, will not utilize criteria or methods of administration which
have the effect of subjecting individuals to discrimination because of their
race, color, sex, religion, national origin, creed, marital status, age or the
presence of any sensory, mental or physical disability.
10.4 Noncompliance With Nondiscrimination Requirements: In the event of
the Bank's noncompliance or refusal to comply with the
nondiscrimination requirements, this contract may be rescinded, canceled
or terminated in whole or in part, and the Bank may be declared ineligible
for further contracts with the Agency. The Bank shall, however, be given
a reasonable time in which to cure the noncompliance. Any dispute may
be resolved in accordance with the Disputes section set forth in this
Agreement.
11. GIFTS AND GRATUITIES
In accordance with RCW 42.23 Code of Ethics for Municipal Officers-Contract Interests,
it is unlawful for any person to accept, directly or indirectly, any compensation, gratuity,
or reward in connection with this contract from any person beneficially interested therein.
12. RIGHTS AND REMEDIES
In the event of any claim for default or breach of contract, no provision in this document
nor in the Bank's proposal for services shall be construed, expressly or by implication, as
5
Washington Statewide Custody. Contract
a waiver by the Agency of any right to insist upon the strict performance of any term or
condition of the contract or to exercise or delay the exercise of any right or remedy
provided in the contract or by law, or as the acceptance of (or payment for) materials,
equipment or services, or to release the Bank from any responsibilities or obligations
imposed by this contract or by law.
13. PERFORMANCE
Acceptance by the Agency of unsatisfactory performance with or without objection or
reservation shall neither waive the right to claim damage for breach nor constitute a
waiver of requirements for satisfactory performance of any obligation remaining to be
performed by Bank.
14. GOVERNING LAW
This Agreement shall be governed in all respects by, and construed in accordance with,
the law and statutes of the State of Washington. The venue of any action hereunder shall
be exclusively in the Superior Court for Kitsap County, Washington. The Bank, by
execution of this contract, acknowledges the jurisdiction of the courts of the state o£
Washington in this matter.
15. SUBCONTRACT/ASSIGNMENT
The Bank shall not subcontract or assign its obligations under this contract without the
prior written consent of the Contract Administrator, provided the Bank may enter into
subcontracts, agreements and understandings with BNY Western Trust Company, a
wholly owned subsidiary of The Bank of New York Company, Inc. whenever and on
such terms and conditions as it deems necessary or appropriate to perform its services
hereunder. The Bank shall be responsible to ensure that all requirements of the contract
shall be communicated to any and all subcontractors.
Substitution of another financial institution to act as the Bank under this Agreement may
occur in the event of a takeover, merger, or acquisition. In this event, the Successor Bank
shall provide an automatic continuation of all terms of this Agreement, provided the
Successor Bank can meet all required terms of the Agreement. However, the Agency
reserves the right to terminate the contract in the event a Successor Bank is substituted,
after providing 60 calendar days written termination notice.
DEFINITIONS
16. DEFINITIONS
Definitions as used throughout this Agreement shall have the meanings set forth below:
"Exhibit A" shall mean the Request For Proposal (RFP) for Statewide Custody Services
issued by the Office of the State Treasurer, dated November 23, 1999.
6
Washington Statewide Custody Contract
"Exhibit B" shall mean the Bank's proposal in response to the State RFP for Statewide
Custody Services.
"Exhibit C" shall mean the Bank's schedule of fees for all Services provided under this
Agreement.
'~Exhibit D" shall mean the Funds Transfer Authorization Agreement which shall run
concurrently with this Agreement.
"Exhibit E" shall mean the Agency's schedule of required Services provided under this
Agreement.
"Agency Contract Administrator" shall mean the staff person appointed by the Agency to
administer this Agreement on behalf of the Agency.
"Bank" shall mean The Bank of New York. It shall also include any subcontractor
retained by the Bank as permitted under the terms of this Agreement.
"Bank's Account Manager" shall mean an employee of the Bank who is permanently
assigned as the primary contact person whom the Agency Contract Administrator shall
work with for the duration of this Agreement.
"Custody Services" may also be referred to as "Services," and shall be inclusive of all
services, including associated support services and maintenance provided pursuant to this
Agreement.
"Deposito _ry" shall include the Federal Reserve/Treasury book-entry system for receiving
and delivering securities, the Depository Trust Company, and any other securities
depository, book-entry system or clearing agency (and their respective successors and
nominees) authorized to act as a securities depository, book-entry system or clearing
agency pursuant to applicable law.
"Subcontractor" shall mean one not in the employment of the Bank, who is performing
all or part of those Services under this Agreement under a separate contract with the
Bank. The term "subcontractor" means subcontractor(s) of any tier.
"RCW" shall mean the Revised Code of Washington (Washington State Law).
SCOPE OF SERVICES
17. SCOPE OF SERVICES
The Bank agrees to provide custody, record keeping and cash management, as further
described in the Office of the State Treasurer RFP (Exhibit A) and the Bank's Proposal
(Exhibit B), under the terms of this Agreement, serving as the Statewide Custodian of
Washington State.
7
Washington Statewide Custody. Contract
AGREEMENT TERM AND TERMINATION
18. TERM OF AGREEMENT AND SURVIVORSHIP OF TERMS
This Agreement shall commence on December 5, 2000, and continue until 3/31/2004.
The Bank is not obliged to offer this contract for a time period of less than one year, nor
is the Bank obliged to offer the contract with a termination date exceeding the
termination date of its appointment as the Statewide Custodian.
The term of this Agreement may be extended for additional contract periods or portions
thereof, whereby the total contract period with extensions shall not exceed six (6) years,
PROVIDED: the extension shall be by mutual agreement between the Agency and the
Bank, and by the Agency giving written notice of the extension to the Bank not less than
180 days prior to the termination date of this Agreement.
19. TERMINATION AND REMEDIES
19.1 TERMINATION FOR CONVENIENCE The Agency may terminate
this contract, in whole or in part, at any time and for any reason by giving
90 calendar days written termination notice to the Bank and the State
Treasurer. The Bank may terminate this contract, by giving 180 days
written termination notice to the Agency and the State Treasurer.
19.2 TERMINATION FOR REDUCTION OF FUNDING OR
WITHDRAWAL OF AUTHORITY In the event that either funding from
the Agency or other sources is withdrawn, reduced, or limited, or the
authority of the Agency to perform any of its duties is withdrawn, reduced
or limited in any way aiter the effective date of this Agreement and prior
to its normal completion, the Agency may terminate this Agreement, in
whole or in part, at any time by giving 60 calendar days written
termination notice to the Bank.
19.3 TEKMINATION FOR BREACH Except in the case of delay or failure
resulting from circumstances beyond the control of and without the fault
or negligence of the Bank or of the Bank's suppliers or subcontractors, the
Agency shall be entitled, by written or verbal notice, to cancel this
contract in its entirety or in part, for breach of any of the terms herein, and
to retain all other rights against the Bank by reason of the Bank's breach as
provided by law.
A breach shall mean one or more of the following events: (1) the Bank
fails to perform the services by the time and date required and such failure
is not caused by a force majeure event; (2) the Bank breaches any
warranty, or fails to perform or comply with any term or agreement in the
contract; (3) the Bank fails to exercise Due Care as to any aspect of this
Agreement, with Due Care being defined in Section 42.9.1; (4) the Bank
Washington Statewide Custody Contract
makes any general assignment for the benefit of creditors; (5) the Bank
becomes insolvent or in an unsound financial condition so as to endanger
performance hereunder; (6) the Bank becomes the subject of any
proceeding under any law relating to bankruptcy, insolvency or
reorganization or relief from debtors; or (7) any receiver, trustee or similar
official is appointed for the Bank or any of the Bank's property. If it is
subsequently found that the Bank was not in breach, the rights and
obligations of the parties shall be the same as if a Notice of Termination
had been issued pursuant to subparagraph 19.1.
The Agency Contracting Officer shall issue a written notice of breach
providing a period not to exceed 30 days in which the Bank shall have an
opportunity to cure. Time allowed for cure shall not diminish or eliminate
the Bank's liability for damages.
If the breach remains, after the Bank has been provided the opportunity to
cure, the Agency may do one or more of the following:
19.3.1 Exercise any remedy provided by law;
19.3.2 Terminate this contract and any related contracts or portions
thereof, by written or verbal notice;
19.3.3 Seek damages.
19.4 TERMINATION BYMLrrUAL AGREEMENT The Agency and the
Bank may terminate this contract in whole or in part, at any time, by
mutual agreement.
19.5 TERMINATION PROCEDURE Upon termination of this contract the
Agency, in addition to any other fights provided in this contract, may
require the Bank to deliver to the Agency any property specifically
produced or acquired for the performance of such part of this contract as
has been terminated.
The Agency shall pay to the Bank the agreed upon price, if separately
stated, for completed work and services accepted by the Agency, and the
amount agreed upon by the Bank for (a) completed work and services for
which no separate price is stated, (b) partially complete work and services,
(c) other property or services which are accepted by the Agency, and (d)
the protection and preservation of property, unless the termination is for
default, in which case the Agency shall determine the extent of the
liability of the Agency. Failure to agree with such determination shall be a
dispute within the meaning of the "Disputes" section of this contract. The
Agency may withhold from any amounts due to the Bank such sum as the
Agency determines to be necessary to protect the Agency against potential
loss or liability.
9
Washington Statewide Custody. Contract
The rights and remedies of the Agency provided in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by
law or under this contract.
19.6 TERMINATION-RELATED OBLIGATIONS ANTECEDENT TO
DATE OF TERMINATION Upon nearing the end of the final term of
this agreement, and without respect to either the cause or time of such
termination, the Bank shall take all reasonable and prudent measures to
facilitate the transition to a successor provider's system.
The Bank shall provide, at any time during the nine (9) months preceding
termination, such information about the Bank's systems as will be
reasonably required by the Agency and/or the successor for purposes of
planning the transition and conversion to the successor's system.
19.7 OBLIGATIONS UPON TERMINATION After receipt of a notice of
termination, and except as otherwise directed by the Agency Contract
Administrator, the Bank shall:
19.7.1 Stop work under the contract on the date, and to the extent,
specified in the notice;
19.7.2 Place no further orders or subcontracts for materials, services, or
facilities except as may be necessary for completion of such
portion of the work under the contract as is not terminated;
19.7.3 Assign to the Agency, in the manner, at the times, and to the extent
directed by the Agency Contract Administrator all of the rights,
titles, and interest of the Bank under the orders and subcontracts so
terminated, in which case the Agency has the right, at its
discretion, to settle or pay any or all claims arising out of the
termination of such orders and subcontracts;
19.7.4 Settle all outstanding liabilities and all claims arising out of such
termination of orders and subcontracts, with the approval or
ratification of the Agency Contract Administrator to the extent he
or she may require, which approval or ratification shall be final for
all the purposes of this clause;
19.7.5 Transfer title to the Agency and deliver in the manner, at the times,
and to the extent, if any, as directed by the Agency Contract
Administrator, any property which, if the contract had been
completed, would have been required to be furnished to the
Agency;
19.7.6 Complete performance of such part of the work as shall not have
been terminated; and
10
Washington Statewide Custody. Contract
19.7.7 Take such action as may be necessary, or as the Agency Contract
Administrator may direct, for the protection and preservation of the
property related to this contract which is in the possession of the
Bank and in which the Agency has or may acquire an interest and
to transfer that property to the successor Custodian.
By such termination, neither the Agency nor the Bank may nullify
obligations already incurred for performance or failure to perform
prior to the date of termination.
20. FORCE MAJEURE
20.1 DEFINITION Neither party shall be liable to the other or deemed in
default under this contract if and to the extent that such party's
performance of this contract is prevented by reason of force majeure. The
term "force majeure" means an occurrence that is beyond the control of
the party affected and could not have been avoided by exercising
reasonable diligence. Force majeure shall include acts of God, war, riots,
strikes, fire, floods, earthquakes, epidemics, or other similar occurrences.
20.2 ALLOCATION OF SEKVICE When force majeure affects only part
of the Bank's capacity to perform, the Bank may allocate services among
its customers, including regular customers not included in this Agreement,
in any manner which is fair and reasonable.
20.3 NOTIFICATION If either party is delayed by force majeure, said
party shall provide reasonable notice that there will be delay or non-
delivery of reports or services. The notification shall provide evidence of
the force majeure to the satisfaction of the other party. Such delay shall
cease as soon as practicable and written notification of same shall be
provided. The time of completion shall be extended by contract
modification for a period of time equal to the time that the results or
effects of such delay prevented the delayed party from performing in
accordance with this contract.
20.4 RIGHTS RESERVED The Agency reserves the right to cancel the
contract and/or purchase services from the best available source during the
time of force majeure, and Bank shall have no recourse against the
Agency.
21. CONFLICT OF INTEREST
21.1 The Bank warrants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required under this contract.
11
Washington Statewide Custody Contract
21.2 The Agency may terminate this Agreement, by written notice to the
Bank, if it is found after due notice and examination that there is a
violation by Bank of.'
21.2.1 RCW 42.23 Code of Ethics for Municipal Officers-Contract
Interests or any other similar statute involving the Bank in its
performance under this Agreement.
21.3 In the event this Agreement is terminated as provided above, the Agency
shall be entitled to pursue the same remedies against the Bank as it could
pursue in the event of a breach of this Agreement by the Bank. The
rights and remedies of the Agency provided by this clause shall not be
exclusive and are in addition to any other rights and remedies provided
by law.
CONTRACT ADMINISTRATION
22. INCORPORATED DOCUMENTS
This Agreement shall consist of the terms and conditions as set forth herein and the
following documents which are incorporated herein by reference:
22.1 "Exhibit A" - The Request For Proposal (RFP) for Statewide Custody
Services, issued by and on file at the Office of the State Treasurer, dated
November 23, 1999.
22.2 "Exhibit B" - The Bank's proposal in response to the State RFP for
Statewide Custody Services, also on file at the Office of the State
Treasurer.
22.3 "Exhibit C" - The Bank's schedule of fees for all Services provided under
this Agreement.
22.4 "Exhibit D" - The Funds Transfer Authorization Agreement which shall
run concurrently with this Agreement.
22.5 "Exhibit E" - The Agency's schedule of required Services provided under
this Agreement.
23. ORDER OF PRECEDENCE
23.1 The headings used herein are inserted for convenience only and shall not
control nor affect the meaning or construction of any of the provisions.
23.2 If any provision of this Agreement shall be deemed to be in conflict with
any statute or rule of law, such provisions shall be deemed modified to
12
Washington Statewide Custody Contract
conform to said statute or rule of law. In the event of any inconsistency in
this Agreement, the inconsistency shall be resolved in the order of
precedence stated below:
23.2.1 Applicable Federal and State Statutes and Regulations.
23.2.2 The Terms and Conditions of this Agreement.
23.2.3 Exhibit A The Request For Proposal (RFP) for Statewide
Custody Services issued by the Office of the State Treasurer, dated
November 23, 1999, Exhibit B - The Bank's proposal in response
to the State RFP for Statewide Custody Services, and Exhibit E -
The Agency's schedule of required Services provided under this
Agreement.
24. ENTIRE AGREEMENT
This document, including all addenda and subsequently issued change notices, comprises
the entire agreement between the Agency and the Bank and shall be governed by the laws
of the State of Washington incorporated herein by reference.
25. LIMITATION OF AGENCY'S AUTHORITY
Only the Agency Contracting Officer, or delegate by writing, shall have the express,
implied, or apparent authority to alter, amend, modify, or waive any clause or condition
of this Agreement. Furthermore, any alteration, amendment, modification, or waiver of
any clause or condition of this Agreement is not effective or binding until made in
writing and signed by the Agency and the Bank unless otherwise provided herein.
26. AGENCY CONTRACT ADMINISTRATOR
The Agency shall appoint an individual who will be the Contract Administrator for this
Agreement and will provide oversight of the activities conducted hereunder. The Agency
Contract Administrator will manage this Agreement on behalf of the Agency, and will be
the principal point of contact for the Bank concerning Bank's performance hereunder.
The Agency shall notify Bank, in writing, when there is a change in staffing and a new
Contract Administrator is assigned to this Agreement.
27. BANK'S ACCOUNT MANAGER
The Bank shall appoint an individual who will be the Account Manager for the Agency
account. The Bank's Account Manager will be the principal point of contact for the
Agency concerning the Bank's performance hereunder. The Bank's Account Manager
will also serve as the focal point for business matters, support coordination, and
administrative activities. The Bank shall notifij the Agency in writing if a new Account
Manager is assigned.
13
Washington Statewide Custody Contract
28. CHANGES
No modifications or amendments to this Agreement shall be effective unless it is in a
written amendment signed by an authorized officer of the Bank and the Agency Contract
Administrator.
29. DISPUTES
29.1 Except as otherwise provided in this Agreement, when a bona fide dispute
concerning a question of fact arises between the Agency and the Bank,
and it cannot be resolved, either party may initiate the dispute resolution
procedure provided herein.
29.2 Time is of the essence in resolving disputes. The initiating party shall
reduce its description of the dispute to writing and deliver it to the
responding party. The responding party must respond in writing within
two (2) Agency working days.
29.2.1 Then, both parties shall have three (3) Agency working days to
negotiate in good faith to resolve the dispute.
29.3 Both parties agree to exercise good faith in dispute resolution and to avoid
arbitration and litigation whenever reasonably possible. Nothing in this
Agreement shall prevent either party, after the expiration of the three (3)
day period in Section 29.2.1, from pursuing other methods of dispute
resolution.
29.4 The Agency and the Bank agree that, the existence of a dispute
notwithstanding, they will continue without delay to carry out all their
respective responsibilities under this Agreement which are not affected by
the dispute.
30. ADVERTISING
The Bank shall not advertise or publish information concerning this contract in any form
or media without prior written consent from the Agency.
31. cONSENT
Both parties agree that whenever a party's consent is required under the terms of this
Agreement, that consent shall not be unreasonably delayed or withheld.
14
Washington Statewide Custody, Contract
AGENCY RESPONSIBILITIES
32. PROTECTION OF PROPRIETARY AND CONFIDENTIAL INFORMATION
Any specific information that is contained in the Bank's Proposal (Exhibit B) that is
confidential or proprietary, must be clearly identified by the Bank by stamping
"CONFIDENTIAL" on the lower right hand comer of the corresponding page(s). A
blanket designation of the entire proposal as being confidential will be disregarded. If a
request is made to view Bank's proprietary information, the State Treasurer and the
Agency will comply with the Public Records Act, chapter 42.17 RCW.
33. FUNDS TRANSFER AUTHORIZATION AGREEMENT
The Agency shall execute a Funds Transfer Authorization Agreement with the Bank.
This agreement shall remain in effect for the duration of this Agreement. The Transfer
Agreement is attached hereto as Exhibit D. In the case of any conflict between the Funds
Transfer Authorization Agreement and this Agreement, this Agreement shall take
precedence.
BANK RESPONSIBILITIES
34. REGISTRATION WITH THE DEPARTMENT OF REVENUE
The Bank shall complete registration with the Department of Revenue, General
Administration Building, Olympia, Washington 98504, and be responsible for payment
of all taxes due on payments made under this contract.
35. LICENSING AND ACCREDITATION STANDARDS
The Bank shall comply with all applicable local, state, and federal licensing requirements
and standards necessary in the performance of this Agreement.
36. WORKERS' COMPENSATION INSURANCE COVERAGE
The Bank shall provide or purchase applicable workers' compensation insurance coverage
prior to performing work under this contract. The Agency will not be responsible for
payment of industrial insurance premiums for the Bank, or any subcontractor or
employee of' the Bank, which might arise under the workers' compensation insurance
laws during performance of duties and services under this contract. Should the Bank fail
to secure workers' compensation insurance coverage or fail to pay premiums on behalf of
its employees, the Agency may deduct the amount of premiums owing from the amounts
payable to the Bank under this contract and transmit the same to the appropriate workers'
compensation insurance fund.
15
Washington Statewide Custody. Contract ~.~ {
37. CONFIDENTIALITY OF AGENCY RECORDS
37.1 The Bank acknowledges that material and information which has or will
come into its possession or knowledge in connection with this Agreement,
or its performance, may consist of confidential and proprietary data, the
disclosure of which to, or use by, third parties could be damaging.
37.2 Access to information concerning individual recipients of the Agency's
services shall not be granted except as authorized by law or Agency rule.
37.3 The Bank, therefore, agrees to hold all such material and information in
strictest confidence, not to make use thereof other than for the
performance of this Agreement, to release it only to authorized employees
requiring such information, and not to release or disclose it to any other
party.
37.4 Notwithstanding anything apparently to the contrary in the preceding
provisions of this Section 37, the Bank may release the material and
information described in this Section 37 to authorized bank examiners and
to its internal and external auditors for official use and may also release it
pursuant to a subpoena or other order issued by a court of competent
jurisdiction. The Bank shall promptly notify the Agency of any such
subpoena or order upon its receipt.
38. AUDITING
The Bank shall permit representatives of the Agency, the Agency Auditor, an auditor
selected by the Agency, and/or the Auditor of the State of Washington or their authorized
assistant to examine the records of the Bank relating to the services rendered under this
Agreement, including securities transactions. Such audits may include, but are not
limited to, examination of the securities themselves. If the Bank has contracted for
deposit of the securities with another Bank, the Bank shall require its subcontractor to
provide similar access to the designated Agency and State officials or their
representatives. Any audits required by this Section which do not necessitate the
compilation of records in addition to those which are otherwise required by other
Sections of this Agreement may be conducted without notice. Any audits required by
this Section which require the compilation of records in addition to those which are
otherwise required by this Agreement may be conducted upon ten (10) days written
notice from the Agency to the Bank. The provisions of this Section shall remain in effect
for eighteen (18) months after the expiration, or sooner termination, of this Agreement.
Records of Agency transactions must be kept and maintained by the Bank for a period of
no less than seven (7) years from the date of the transaction.
39. BANK COMMITMENTS, WARRANTIES, AND REPRESENTATIONS
39.1 Any written commitment by the Bank within the scope of this Agreement
shall be binding upon the Bank. Failure of the Bank to fulfill such a
16
Washington Statewide Custody. Contract
commitment may constitute breach and shall render the Bank liable for
damages due the Agency under the terms of this Agreement.
39.2 For purposes of this Agreement, a commitment by the Bank, which must
be in writing, includes: (1) prices and options committed to remain in
force over a specified period(s) of time; (2) any warranty or representation
made by the Bank in a proposal as to Service performance; (3) any
warranty or representation made by the Bank concerning the
characteristics of items in (2) above, contained in any literature,
descriptions, or specifications accompanying or referred to in a proposal;
(4) any modification of or affirmation or representation as to the above
which is made by Bank in writing whether or not incorporated into a
formal amendment to the proposal in question; and (5) any representation
by the Bank in a proposal, supporting documents or amendments thereto
as to, services to be performed, prices and options committed to remain in
force over a fixed period of time, or any other similar matter regardless of
the fact that the duration of such commitment may exceed the duration of
this Agreement.
40. YEAR 2000 COMPLIANCE
40.1 Year 2000 Compliance.
The Custodian hereby warrants that it will use commercially reasonable
efforts to ensure that the computer software and hardware (as used in this
subsection, the "Systems") that are owned by the Custodian and used to
provide the services to be provided by the Custodian under this Agreement
(as used in this subsection "Services") are 2000 Compliant or will be made
2000 Compliant before December 31, 1999. With respect to software that
the Custodian licenses from third parties and uses in providing the
Services ("Third Party Sof~vare"), the Custodian warrants that it has used
or will use commercially reasonable efforts to test the same by September
30, 1999 to certify, in accordance with the Custodian's standard practices,
that the Third Party Software is 2000 Compliant. If the Custodian cannot
certify any Third Party Software as 2000 Compliant, the Custodian will
use commercially reasonable efforts to replace such Third Party Software
with software that is warranted or certified by its vendor as 2000
Compliant, if such replacement is available, compatible with the
Custodian's Systems and deemed by the Custodian as appropriate under
the circumstances. In the event that the Custodian uses third party service
providers to provide the Services or any portion thereof ("Third Party
Services"), the Custodian warrants that it has in place a program under
which it will use commercially reasonable efforts to contact such service
providers and obtain from them assurances that the Systems use in
providing Third Party Services are 2000 Compliant. As used herein, the
term "2000 Compliant" means that the Systems will function without
material error caused by the introduction of dates falling on or after
17
Washington Statewide Custody. Contract
January 1, 2000. Notwithstanding the foregoing, the parties hereto
acknowledge and agree that the Custodian cannot and does not warrant
that the Systems, Third Party Software or Third Party Services will
continue to interface with the hardware, firmware, software (including
operating systems), records or data used by the Fund or third parties, nor
does the Custodian make any warranties hereunder with respect to any
public utility, communications service provider, securities or commodities
exchange, or funds transfer network.
41. PRICE INCREASES
41.1 The Bank agrees to provide the Services at the costs, rates and fees set
forth in Exhibit C, Custody Fee Schedule. No other costs, rates, or fees
shall be payable to the Bank for implementation of Bank's proposal.
41.2 The fee schedule applies for two years from the date the Letter of
Agreement is signed. Annual adjustments may be made by the Bank after
the first two years to any or all items no greater than the national
Consumer Price Index (CPI) as published by DRI/McGraw Hill for the
preceding calendar year. The limitation would continue if the term of the
Letter of Agreement is extended.
CUSTODY PROVISIONS
42. CUSTODY OF SECURITIES
42.1 CUSTODIAL SERVICES The Custodian shall take custody of the
securities owned by the Agency, and tendered for transfer to its custody;
provide safekeeping services for them and accept complete responsibility
as a fiduciary for their safekeeping from the moment of delivery to it
and/or its transfer agent until their safe return and delivery to the Agency
or its designated agent upon expiration or sooner termination of this
Agreement.
When ownership of a security is manifested by a certificate, bond, note or
other physical document, the Custodian will verify proper registration of
the security in the name of the Agency; keep the physical specimen in a
secure vault, safe from destruction, damage, embezzlement and/or other
loss; readily available to the Agency; and in a condition suitable for sale or
transfer. When ownership is reflected in a book entry on official records
only, the Custodian shall be shown on the books of the Federal Reserve
System, the Depository Trust Corporation, or other depository agencies, as
Custodian of the Agency's book-entry security; the Custodian shall verify
the proper registration, evidenced by an entry in the Custodian's books
reflecting that the Custodian holds those particular securities (or a quantity
of securities that are part of a fungible bulk of government book-entry
18
Washington Statewide Custody Contract ~
securities) as Custodian for the Agency; and the Custodian shall obtain
and maintain the confirmatory documents in a secure area and unless
expressly authorized by the Agency, keep the securities ready for
immediate sale or transfer free and clear of all encumbrances.
42.2 INVENTORY; DELIVERY AND REDELIVERY the Custodian shall
keep an accurate, current inventory of all securities held within its custody
for the Agency. The inventory will contain precise identification of each
security including, when applicable, the date of purchase and maturity
date; CUSIP numbers; and other sources of identification.
42.3 DEPOSIT OF SECURITIES the Custodian shall keep tangible securities
in the facilities of the Custodian located in New York City, unless the
Custodian and the Agency agree in writing to another location. Where
securities are eligible for deposit in a book-entry system or a Depository,
the Custodian may use that depository.
Security arrangements shall restrict access to the Agency securities, record
all entries and withdrawals, and provide physical safety for records at least
equal to customs and standards of banks in large metropolitan financial
centers for maintenance of valuable commercial securities.
In addition, the Custodian shall maintain a "back-up" system of
confirmatory records at another location so that if the vault at the
Custodian's approved facility is inaccessible or its material damaged,
destroyed, or stolen, the Custodian can establish to a reasonable degree of
certainty, the securities belonging to the Agency.
42.4 AGENCY CLEARING ACCOUNT the Custodian shall establish a
cleating account for the Agency as directed by the Agency. This account
shall accurately reflect transactions of all kinds, with respect to securities
of the Agency. This account is not to be construed as a Depository
Account.
The Custodian shall credit the following to the accounts immediately upon
the earlier of the settlement date or the payment date:
42.4.1 All interest and other distributions received on account of the
securities (including mortgages) held for the Agency;
42.4.2 All payments of principal or other return of capital, including,
securities backed by mortgages and financing contracts;
42.4.3 All proceeds from the sale or transfer of securities, or rights
appurtenant to the securities;
42.4.4 All payments made by the Agency to the Custodian and by the
Custodian to the Agency;
19
Washin~on Statewide Custody. Contract --ad52K"
42.4.5 The Custodian may debit the account with disbursements
authorized by the Agency.
At the close of business, there shall be no cash in the clearing account. At
the option of the Agency, all funds in the account at the close of business
shall either be remitted by wire to the Agency in care of its primary bank
or invested in an investment authorized by state statutes and approved by
the Agency.
42.5 TRANSACTIONS the Custodian shall assist the purchase of securities
and the sale of securities within its possession owned by the Agency.
When so instructed, the Custodian will:
42.5.1 Take possession of securities purchased by the Agency, and when
authorized, make payment from the clearing accounts as
established under this Agreement therefore;
42.5.2 Deliver securities sold or transferred by the Agency to the
appropriate entity or person versus payment;
42.5.3 Register in its name or in its name as Custodian, securities owned
by the Agency and held in its physical custody or those securities
indicated on the records of the Federal Reserve System, the
depository trust company of New York Agency, or another
depository, provided that adequate records are maintained to
identify the actual ownership of the securities by the Agency and
all rights to interest, and sale proceeds are vested in the Agency;
42.5.4 At the option of the Agency, the Custodian shall:
42.5.4.1 credit or debit the appropriate money account of the
Agency in connection with the purchase, sale,
maturity, redemption, income, dividends or other
disposition of securities and other assets held for the
time being on behalf of the Agency in said accounts
on an actual settlement basis; or
42.5.4.2 make available provisional credit of settlement,
maturity redemption proceeds, income and
dividends on a contractual settlement basis. The
Custodian reserves the right to reverse any such
crediting at any time before actual receipt of the
item associated with the credit when the Custodian
determines that actual receipt will not be received in
due course for such an item. In such instances, the
Custodian may charge the appropriate money
account of the Agency for the expense of providing
funds associated with such advance in an amount
20
Washington Statewide Custody Contract
not to exceed the actual short-term earnings of the
Agency during the time the funds were credited to
the Agency.
·
42.5.4.3 In order to secure repayment of an advance of funds
made in connection with a purchase of securities the
Custodian shall have a purchase money security
interest in, and a security entitlement with respect
to, all of the Agency's right, title and interest in and
to the securities acquired with such advance
(including proceeds thereof). The Custodian shall
with respect to such purchase money security
interest be entitled to all the rights and remedies of a
pledgee and secured creditor under applicable laws,
rules or regulations as then in effect. If the
Custodian, in its sole discretion, advances funds to
the Agency or there shall arise for whatever reason
an overdraft in the Agency's account the Custodian
may at any time charge any such overdraft or
indebtedness together with interest due thereon
against any balance of account standing to such
~gency's credit on the Custodian's books.
42.5.5 Disburse funds as requested and remit funds to the Agency before
the dose of each business day.
The Agency retains the exclusive authority to manage the assets of the Agency within the
Custodian's custody. This includes the determination of which investments shall be
made; what and when securities shall be sold or encumbered; the terms or conditions of
any transaction; and the disposition of cash on hand. The Custodian shall make no
transaction without instructions from the Agency, except the advance crediting of
principal, interest and other proceeds to the Agency's clearing account.
42.6 INCOME ON DEFECTIVE TRANSACTIONS The Custodian shall
pay the Agency the following sums when a transaction is defective
without fault of the Agency:
42.6.1 If a seller fails to deliver the securities in proper form on the
settlement date, and the Custodian is not providing contractual
settlement, the Custodian shall return to the Agency all those funds
designated for purchase before the close of each business day, or
invest those funds in an investment authorized by state statutes and
approved by the Agency.
42.6.2 If a buyer fails to make payment on the settlement date, and the
Custodian is not providing contractual settlement, the Custodian
21
Washington Statewide Custodv Contract ~2-O
~-~l
shall pay the Agency the interest or other income, if any, actually
received by it, from the party in default.
42.6.3 If the transaction fails or is delayed due to the inability of the
Custodian to make such delivery due to actions of, or an inaction
by, the Custodian, its agents, employees or equipment, the
Custodian shall promptly pay the Agency an amount to make it
whole as if the transaction had been properly executed, provided
that the foregoing provisions shall not apply if the inability, action
or inaction is by reason of forces beyond the control of Custodian,
and provided further that Custodian's obligation to make payment
to the Agency shall be limited to amounts constituting direct
money damages.
42.7 ANCILLARY SERVICES
42.7.1 The Custodian shall have a comprehensive contingency plan for
timely disaster recovery in the event systems are rendered
inoperative due to fire, flood or other disaster.
42.7.2 Settlement of Transactions:
Settlement of and payment for securities received for, and
delivered from, the account may be made in accordance with the
customary or established securities trading or securities processing
practices and procedures in the jurisdiction or market in which the
transaction occurs, including without limitation, the delivery of
securities to a purchaser, broker, dealer or their respective agents
either against a receipt for future payment or without any payment
(so-called "free delivery").
42.7.3 Taxes:
The Agency is solely responsible and liable for the payment of and
the reclamation, where applicable, of all taxes assessments, duties,
and other governmental charges (including any interest or penalties
with respect thereto) with respect to the cash or securities held
hereunder or the Account. The Custodian, however, will cooperate
with the Agency in connection with the Agency's payment or
reclamation of taxes.
42.7.4 Pricing Services:
To the extent that the Custodian provides values of, and pricing
information with respect to, securities, the Custodian is authorized
to utilize generally recognized pricing services (including brokers,
dealers and market makers). The Custodian shall not be liable or
responsible for or be under any duty to inquire into, nor be deemed
22
Washington Statewide Custody, Contract 38
to make any assurances or warranties with respect to, the accuracy
or completeness of such values or information, even if the
Custodian, in performing services for itself and others, including
services similar to those performed for the Agency, receives
different valuations of the same or similar securities of the same
issuer. In the event such services are unable to provide a value of
or pricing information with respect to securities and the Custodian,
nevertheless, provides values and pricing information, the
Custodian shall so advise the Agency, but shall have no other
obligation or liability with respect to such valuation or pricing
information.
42.8 PROPER INSTRUCTIONS AND EVIDENCE OF AUTHORITY The
term "Proper Instructions" shall mean instructions received by the
Custodian from the Agency or any person duly authorized by them. Such
instructions may be in writing signed by the authorized person or may be
in a tested communication or in a communication utilizing access codes
effected between electro-mechanical or electronic devices or may be by
such other means as may be agreed to from time to time by the Custodian
and the party giving such instructions (including, without limitation, oral
instructions). The Agency shall cause its duly authorized officer to certify
to the Custodian in writing the names and specimen signatures of persons
authorized to give proper instructions. The Custodian shall be entitled to
rely upon the identity and authority of such persons until it receives notice
from the Agency to the contrary.
The Custodian shall be protected in acting upon any instructions, notice,
request, consent, certificate, instrument or paper reasonably believed by it
to be genuine and to have been properly executed or otherwise given by or
on behalf of the Agency. The Custodian may receive and accept a
certificate from the Agency as conclusive evidence (i) of the authority of
any person to act in accordance with such certificate or (ii) of any
determination or of any action by the Agency as described in such
certificate, and such certificate may be considered as in full force and
effect until receipt by the Custodian of written notice to the contrary.
42.9 RESPONSIBILITY OF CUSTODIAN
42.9.1 The Custodian shall perform its duties hereunder with "Due Care."
For the purposes of this agreement, "Due Care" shall mean the
degree of care and skill demonstrated by fiduciaries acting in like
capacity as a safekeeping Custodian. The Custodian shall not be
responsible for the title, validity or genuineness, including good
deliverable form, of any property or evidence of title thereto
received by it or delivered by it pursuant to this Contract. The
Custodian may at its discretion appoint and remove agents or
subcustodians to carry out such of the provisions of this contract as
23
Washington Statewide Custody Contract 3 7
the Custodian may from time to time direct; provided, however,
that such appointment shall not relieve the Custodian of its
responsibilities or liabilities under this Contract, and provided
further that any depository selected with Due Care by the bank
shall not be deemed for purposes of this agreement an agent or
subcustodian of the Bank.
42.9.2 Provided always that the Custodian and its agents and
subcustodians act in good faith and with the exercise of Due Care
in performance of such duties as would ordinarily be expected of a
financial institution in the relevant market and subject to the terms
of the Custody Agreement:
42.9.2.1 It is not liable for any loss or damage caused by the
delay or failure of any central bank, any Depository,
or any commercially prevalent payment or clearing
system to deliver to or for the Bank or its
subcustodians securities purchased or sold, or to
make or receive and remit, any payment in
connection with purchases or sales of securities, for
delays or failures in providing corporate action
notices, or for delays or inability by the Bank to
perform its duties due to acts or omissions of any
Depository or to disorder in market infrastructure
with respect to any particular security, security
exchange, central depository or clearing system;
and
42.9.2.2 It is not liable for any delay or failure of any non-
parties, company, corporation, or other body in
charge of registering or transferring Securities in the
name of the Custodian, any customer of the
Custodian, or the Subcustodian, its nominee or
agent, or for any consequential losses arising out of
such delay or failure to transfer such Securities
including non-receipt of bonus, dividends and rights
and other accretions or benefits.
42.10 SECURITY CODES If the Custodian has issued security codes or
passwords to the Agency in order that the Custodian may verify that
certain transmissions of information, including Proper Instructions, have
been originated by the Agency, the Custodian shall, to the extent
authorized by law, be kept indemnified by and be without liability to the
Agency for any action taken or omitted by it in reliance upon receipt by
the Custodian of transmissions of information with the proper security
code or password, including instructions purporting to be Proper
24
Washington Statewide Custody. Contract ~1~,
Instructions, which the Custodian reasonably believes to be from the
Agency.
42.11 SPECIAL AND CONSEQUENTIAL DAMAGES Except as otherwise
provided in this Agreement, neither the Custodian nor the Agency shall be
liable to the other for special or consequential damages unless such
damages result from the gross negligence or fraud of that party.
42.12 NOTICES Notices and other writings shall be delivered by the most
expeditious means available, with due regard given to the time sensitivity
of the notice or demand being made:
To the Agency:
City Treasurer
City of Bremerton
239 Fourth St.
Bremerton, WA 98337
To the Custodian:
The Bank of New York
One Wall Street
New York, NY 10286
Attention: Government Agencies Department
with a copy to:
BNY Western Trust Company
601 Union Street
Suite 520
Seattle, Washington 98101-2321
Or to such other address as the Agency or Custodian may hereat'ter specify in writing.
Telephone and facsimile notices shall be sufficient if communicated to the party entitled
to receive such notice at the following numbers:
If to Agency:
Telephone (360) 478 - 5295 Facsimile (360) 478 - 5200
If to Custodian:
Telephone (206) 224 - 3114 Facsimile (206) 224 - 4201
or to such other numbers as either party may furnish the other party by written notice
under this Section.
25
Washington Statewide Custody. Contract tt,
PAYMENT PROVISIONS
43. PAYMENTS
Fees and reimbursement for costs and expenses incurred by the Bank in connection with
this Agreement, shall be paid quarterly after the last business day of each calendar
quarter, with the first payment for the calendar quarter ending March 31, 2001. The Bank
shall submit to the respective Agency an invoice containing an itemized list of all costs
and expenses.
The respective Agency will forward payment for service charges to the Bank, after the
Agency verifies all activity and charges; within thirty days of receipt of the invoice,
provided there are no significant unreconciled differences.
In the event services are rendered for less than a calendar quarter, as will be the case for
the initial invoice period, or this Agreement is terminated prior to the end of a calendar
quarter, the respective Agency shall pay the Bank's fee prorated for the portion of the
calendar quarter such services are rendered or the Agreement is in effect, plus any costs
and expenses incurred by the Bank for the Account up to or subsequent to the date of
termination.
44. TAXES
It is mutually agreed and understood that all payments accrued on account of payroll
taxes, unemployment contributions, any other taxes, insurance or other expenses for the
Bank's staff shall be the sole liability of the Bank.
45. DAMAGES
If the Bank does not meet its Service obligations as detailed in Section 42 of this
Agreement and such failure is not caused by a force majeure event, the Bank shall be
required to negotiate a settlement with the Agency Contract Administrator for an
appropriate reduction in charges.
In the event the Agency suffers any loss as a result of the Bank's gross negligence, fraud,
or failure to exercise Due Care, as defined in Section 42.9.1, in the performance of its
duties under this Agreement, either by the Bank or the Bank's agents, employees,
subcontractors, or representatives under this Agreement, the Bank shall be liable to the
Agency for such damages but only to the extent such damages constitute direct money
damages caused by the Bank's negligence, fraud, or failure to exercise Due Care. The
Agency shall be required to fully document such losses in writing by submitting such
documentation to the Bank.
26
Washington Statewide Custody Contract
CONTRACT EXECUTION
46. COUNTERPARTS
This Agreement is to be executed in duplicate originals and each duplicate shall be
deemed an original copy of the Agreement signed by each party, for all purposes.
27
Washington Statewide Custody. Contract /~
47. SIGNATURE BLOCKS
IN WITNESS WHEREOF the parties hereto, having read this Agreement in its entirety,
including all attachments hereto, do agree in each and every particular.
APPROVED APPROVED
(NAME OF AGENCY) (NAME OF THE BANK)
SIONATURE SIGNATURE
TITLE TITLE
DATE DATE
28
Washington Statewide Custody Contract
Statewide Custody Fee Schedule
Fee Description Fee Charged Comments
Account Charges: (Basic Service)
(Includes 3 accounts per relationship)
Market Value up to $100 mil. $100.00 per month Per relationship
Market Value $100 to $:200 mil. $:200.00 per month Per relationship
Marke~ Value over $200 mil. $:200.00 per month Per relationship
1/200 of 1% on next $1.8 billion
1/400 of 1% on balance
Additional Accounts over initial 3 $50.00 per month Per portfolio
Transactions: (Basic Service)
Manual (Fax, Pl~one) $12.00 per transaetion Purchases & Sales
Automated (On line ~try by client) $8.00 per transaction Purchases & Sales
Maturities $8.00 per transaetion
Wires: Outgoinl~ only $10.00 per wire
I Out-of Pocket Expenses (Basic Service) Passed alon~; at cost Courier, Postal, etc.
On-line Communications:
Installation fee $1,000.00 one-time
Monthly Access Waived
Invoices will be produced quarterly.
Page 15
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: DECEMBER 20, 2000
RESOLUTION NO. , ESTABLISHING ORIGINATING DEPT: CITY COUNCIL
YEAR 2001 LEGISLATIVE INTENT ORIGINATOR: CAROL ARENDS, PRESIDENT
DATE SUBMITTED: DECEMBER 12, 2000
2. CLEARANCES: (comment on back 3. EXHIBITS:
if
necessary)
RESOLUTION NO. 2787
COUNSEL CONSENT AGENDA
EISC~E &~UDGET CHAIRMAN_
'0F~KAII~5 CHAIKMAN
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
THE ATTACHED RESOLUTION NO. A7~7 EXPRESSES THE DIRECTION AND INTENT OF THE COUNCIL
PURSUANT TO CONCERNS RELATED TO THE ADOPTION OF THE 200,~, BUDGET.
8. RECOMMENDATION:
MOVE TO PASS RESOLUTION NO. a]67 ADOPTING THE LEGISLATIVE INTENT FOR THE 20011.. BUDGET.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DI SAPPROVED~~ENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 00-~ ~¢
2. CLEARANCE COMMENTS (cont,) :
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
THE CiTY WILL NOT HAVE A BALANCED BUDGET FOR THE YEAR 200~,.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES
7. RESEARCH SOURCES:
RESOLUTION # C~-7 8 7
A RESOLUTION by the City Council establishing year 2001 Legislative Intent.
WHEREAS, the City Council has approved the budget amendments for the year
2001; and
WHEREAS, the City Council believes the following steps must be taken to
execute the budget.
NOW, THEREFORE, BE IT RESOLVED BY THE BREMERTON CITY
COUNCIL THAT:
1. The City Council will establish priorities and provide policy guidance to
the Mayor and staff for the Year 2002 budget implementation by February
28, 2001.
2. The Mayor will propose for the Council's considerations additional service
reductions, budget cuts, and increased efficiencies by March 31,2001.
3. The Council will establish priorities and provide policy guidance to the
Mayor for the next Biennial budget Year 2002 by June 30, 2001.
PASSED, by the City Council of the City of Bremerton this day of
December 2000.
CAROL ARENDS
Council President
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: December 20, 2000
Amended CDBG recommendations ORIGINATING DEPT.: DED
ORIGINATOR: Deborah Peavler-Stewart
DATE SUBMITTED: December 6, 2000
2. CLEARANCES: 3. EXHIBITS:
Director of Ec&no_~ Devel~opment __
City Attorney ~._'~5~.p--
Fiscal and Budget Commit~?-.2~
Operations Committe~~~
ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR
SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City of Bremerton has received notification from the Department of Housing and Urban Development that
the actual year 2001 Community Development Block Grant allocation is $594,000. The City previously
selected recipients to receive $550,000. Additionally, funds in the amount of $2,953.89 were recaptured from
projects that were completed under budget. Recommendations concerning the $44,000 in additional CDBG
funds, 2,953.89 in recaptured funds and $15,280.11 from the City's Housing Rehabilitation Revolving Loan
Program Income follow: $6,600 to KCR for emergency and transitional housing services (overhead not
included), $35,634 to the Department of Community Development for Code Enforcement, and $20,000 to
Olympic College Small Business Development Center to continue the support of a portion of the salary of the
Small Business Development Specialist who provides training and technical assistance to micro enterprises in
the City.
8. RECOMMENDATION:
I move to approve the recommendations for the additional CDBG funds the recaptured funds and program
income as described.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIA L:
EXPIRATION DATE: ~
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMEND
COUNCIL DIRECTIVE:
AGENDA BILL NO
2. CLEARANCE COMMENTS:
None
5. IMPACT ON NON-PASSAGE:
Unable to allocate/reallocate funds
6. IMPACT ON STAFFING~ BUDGETS~ FACILITllgS, EQUIPMENT OR OTHEP_
RESOURCES:
None
7. RESEARCH SOURCES:
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: December 20, 2000
HOME Recommendation ORIGINATING DEPT.: DED
ORIGINATOR: Deborah Pearler-Stewart
DATE SUBMITTED: December 6, 2000
2. CLEARANCES: 3. EXHIBITS:
Director of Ecx~n.o~m, ic- Development
City Attorney ~Y~/J~ --
Fiscal and Budget Committee , ~ .<.' ~ ' ~' /
O ,tion, Committ
ENDORSEMENT X INFORMATION__APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual
allocation of HOME funds from the Department of Housing and Urban Development (HUD) to expand
the supply of safe, sanita~ and affordable housing for low income persons. Within the City of
Bremerton, over 60% of the properties are renter-occupied. This percentage is severely
disproportionate to the national average of 35% renter occupied units. In order to increase the number
of owner occupied properties, the City of Bremerton has developed a policy stating that HOME funds
will primarily be used to support homeownership activities within the City. The City of Bremerton has
received 5 applications requesting funding under the HOME program. City staff reviewed each
application and, as directed according to the HOME policy, a panel consisting of the Department of
Economic Development staff and the mayor interviewed each applicant relative to the requested
project. One application was determined to qualify under the Anderson Cove set-aside that was
previously approved by Council. The interview panel's recommendations relative to the remaining
four applications are attached:
8. RECOMMENDATION:
I move to approve the attached recommendations for funding under the HOME program.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIA L:
EXPIRATION DATE:
REVIEW DATE: -- --
10. NOTICE OF ACTION ~
PULLED__ TABLED__ APPROVED DISAPPROVED AMENDED .
COUNCIL DIRECTIVE:
AGENDA BILL NO
2. CLEARANCE COMMENTS:
None
5. IMPACT ON NON-PASSAGE:
Unable to allocate funds
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
None
7. RESEARCH SOURCES:
2001 HOME RECOMMENDATIONS
Applicant: Community Resource Center
Proiect Description: HOME funds will be used for operating expenses and salaries for
staff at CRC, a non-profit corporation dedicated to providing homeownership
opportunities and rehabilitation of existing homes in Bremerton.
Amount Requested: $9,200
Amount Recommended: $9,200
Applicant: Community Resource Center
Proiect Description: HOME funds will be used to continue CRC's existing program that
was initially funded in 1996. Funds would be used to assist 15 low and moderate income
persons or families to acquire, and rehabilitate properties within the Bremerton City
limits. The funds are loaned to the family and are paid to a revolving fund that is
administered by CRC.
Amount Requested: $145,680
Amount Recommended: $45,000
Aoolicant: Habitat for Humanity
Proiect Description: HOME funds will be used to purchase and develop three pieces of
property in Bremerton to build three single-family homes in partnership with low and
very low income people who are currently living in substandard housing and paying more
than 30% of their income in rent.
Amount Requested: $96,000
Amount Recommended: $96,000
Applicant: City of Bremerton Department of Economic Development
Proiect Description: HOME funds will be used to support the existing homebuyers
assistance program. Between 50 and 60 homebuyers are assisted each year. The program
currently is utilizing program income to operate and funds are being depleted. The
requested funds will allow staff to continue this program without interruption.
.Amount Requested: $100,000
Amount Recommended: $100,000
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Sole Source Lease/Purchase of FOR AGENDA OF: December~3', 2000
Invensys Radio-Read Meter Reading ORIGINATING DEPT: Public Works & Utilities ~
System for the Water Utility ORIGINATOR: Wayne Hamilton, Util. O'ps.~gr.
DATE SUBMITTED: November 27, 2000
2. CLEARANCES: (Comment on b~k~) 3. EXHIBITS:
Director PW&U //" vn/~,,a7~-'~ · Equipment description and Cost estimate
City Attorney ~ ~'~"~~ · Quotation fi'om Western Utilities Supply Co.
City Treasurer '~2~ .-~r~ ~ ·
Purchasing Manager ~ ~ .
Operations Committee ~,~~/~//
Fiscal & Budget Comm. ~z.~./~.~.~· .~-~ ~'
ENDORSEMENT 9c INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Each year since 1995, the Water Utility has converted a portion o£its water meters to an Invensys automated meter
reading system. Ultimately, this conversion will provide substantial savings in operating costs and a nearly error flee
systerr~ The system is approximately 10% complete and at the current rate of conversion, it will take several years to
complete system installation. The 2001/02 budget includes completing the conversion in 2001 to realize the benefits of
the automated system at the earliest date. The pay-out for the conversion is approximately six years. To maintain
standardization and compatibility with existing equipment, it is recommended that City Council authorize the sole-
source lease/purchase of the remaining Invensys equipment in the amount of $1,990,630 plus applicable tax, fi'om
Western Utilities Supply Co., the sole supplier of Invensys equipment.
8. RECOMMENDATION:
Motion to approve the sole-source lease/purchase of an Invensys Radio-Read Meter Reading System ~om Western
Utilities Supply Co. in the amount of $1,990,630.00 plus applicable tax and authorize the Mayor to execute a contract
in accordance with established policies and procedures.
9. RESPONSIBLE OFFICIAL: P.W. & U. Director
ENFORCEMENT OFFICIAL: Utilities Operations Mgr.
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED~ED __
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Staffreductions are included in the 2001/02 budget in anticipation of this implementation. If the radio reading system is
not installed, the Utility would have insufficient staffing to manually read the water meters.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
The purchase and installation of the radio read system is projected to have a pay-out in approximately six years and is
included in the 2001/02 capital budget for the Water Fund No. 401 fund. '
7. RESEARCH SOURCES:
Field demonstration oflnvensys system reading Bremerton accounts.
{~9m122_1.ab}
EXHIBIT l
Equipment Description and Cost Estimate
The following equipmem is required for the Invensys Radio-Read Meter Reading System:
Description Quantity Unit Cost Amount
5/8 to 2" SR or SRII ECR/WP Retrof'rt Registers 10,146 $ 55. $ 558,030.
Turbo & Compound Retrofit ECR/WP Registers 24 $ 150. $ 3,600.
Meter Transceiver Unit (MXU) 10,000 $ 140. $ 1,400,000.
Vehicle Transceiver Unit (VXU) 1 $ 25,000. $ 25,000.
Software Upgrade 1 $ 4,000. $ 4,000.
Total Equipment $ 1,990,630
Installation Cost $ 250,000
Total $ 2,240,630
-~~7 WESTERN UTILITIES SUPPLY CO.
DISTRIBUTORS OF WATERWORKS AND SEWERAGE SUPPLIES
10013 MARTIN LUTHER KING JR. WAY SO. SEA-I-rLE, WA 98178
F'AX (206) 722-9477 (206) 722-4800
1-800-426-8310
Monday, October 30, 2000
Wayne Hamilton
Bremerton; Ci~ Of
3027 Olympus Drive
Bremerton WA 98300
Dear Wayne,
Thank you for taking time to meet with me. i have enclosed further informatiOn on unit
pridng in regards to the November 19, 2000 Financial Benefits Analysis, for your
review.
5/8 to 2" SR or SR~i ECPJWP Retrofit Registers 10,145 $ 55.00 $ 558,030.00
Turbo and Compound Retrofit ECPJWP Registers 24 $ 150.00 $ 3,600.00
Meter Transceiver Unit (MXU) 10,000 $ 140_00 $1,400,000.00
Vehicle Transceiver Unit (VXU) 1 $25,00000 $ 25,000.00
Software upgrade 1 $ 4,000.00 ~ 4,00~._00
$1,990,630.00
If you have any questions conCerning please feel free to contact me at the following:
Seattle office (messages only) I 800 426-8310
Mobile 206 406-3021
Sincerely,
Erik E. Ongstad
AMR Specialist
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: DECEMBER 20., 2000
Water Service Area Agreement with the ORIGINATING DEPT: Public Works & Utilities
Erland Point Water Company, Inc. ORIGINATOR: K. Cahall, Water Resources
DATE SUBMI'I-I-ED: 12/06/00
2. CLEARANC_ES; (comment ~ bac~f/f'j~.essary) 3. EXHIBITS:
Director, PW&U ~ ~.~~ Service Area Agreement with service area
City Attorney mad and lecAal description.
Fiscal & Budget Comm
Comm.
Operations
ENDORSEMENT /~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Each water system has a designated service area for providing public water service. Bremerton's service area is
described in the City's approved Water System Plan. The Washington Department of Health encourages water
systems to obtain Service Area Agreements with neighboring water systems. Bremerton and Edand Point have
adjoining service area boundaries in the northwest section of the City's system. The attached Service Area
Agreement clarifies each system's service area.
8. RECOMMENDATION:
That City Council approve the Service Area Agreement with Edand Point Water Company and authorize the
Mayor to execute the same, subject to Citv Administrative Policies and Procedures.
9. RESPONSIBLE OFFICIAL: pw~ I~ire~r
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
00-- 2.9o
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS (Continued):
4. SUMMARY STATEMENT (Continued):
5. IMPACT OF NON-PASSAGE:
Non-passage would create confusion between water service areas for Bremerton and the Ertand Point Water
Company.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES:
This is an administrative action and does not impact staff, budget, facilities, or equipment.
7. RESEARCH SOURCES:
Kitsap County Coordinated Water System Plan, 1992.
Department of Health Planning Handbook, 1997.
WATER SERVICE AREA AGREEMENT
CITY OF BREMERTON AND ERLAND POINT WATER COMPANY, INC.
THIS AGREEMENT is hereby made and entered into by and between the CITY OF
BREMERTON, a municipal corporation of the State of Washington established under Title 35 of
the Revised Code of Washington, hereinat~er referred to as "BREMERTON", and the ERLAND
POINT WATER COMPANY, INC., a non-profit corporation hereinafter referred to as
"ERLAND POINT".
WITNESSETH:
WHEREAS, BREMERTON and ERLAND POINT are desirous of entering into an
agreement for the purpose of establishing their respective areas of customer service; and
WHEREAS, BREMERTON and ERLAND POINT acknowledge that they are now, or
expect in the future, to serve the area of Kitsap County, Washington, lying generally in the
central portion of said County and around the western portion of Dyes Inlet; and
WHEREAS, in order to plan for expected growth and proper utilization of the resources
and facilities of BREMERTON and ERLAND POINT, each party is desirous of establishing a
service area boundary between the two parties, which will delineate the area beyond which
future service will not extend; and
WHEREAS, in def'ming the boundary between the respective service areas of
BREMERTON and ERLAND POINT, the parties have given proper consideration to expected
growth and population and service demands, ground surface elevations and contours, water
service pressure zones and compatibility to the extent possible in the respective pressure zones
utilized by the parties hereto; and
WHEREAS, BREMERTON and ERLAND POINT have also given consideration to
what is considered to be orderly development of water service and population growth and the
maintenance of sufficient service, both present and prospective.
NOW, THEREFORE, for and in consideration of the mutual promises and benefits to be
derived herefi-om, the parties hereto hereby agree as follows:
1. Establishment of Boundary: BREMERTON and ERLAND POINT hereby agree
that the boundary between their respective water service areas shall be the line shown on the
attached Exhibit "A", which by this reference is incorporated herein as though fully set forth.
Said line is legally described as set forth on "Exhibit "B" attached hereto, which by this
reference is incorporated herein as though fully set forth. It is agreed that BREMERTON shall
service the area to the south delineated by the line described on Exhibit "A" and Exhibit "B", and
that ERLAND POINT will serve the area north of the line described on Exhibit "A" and Exhibit
Agg. Svcrdlh SERVICE AREA AGREEMENT Page
CITY OF BREMERTON AND
ERLAND POINT WATER DISTRICT
2. Service Outside of Delineated Area: BREMERTON and ERLAND POINT each
agree that in consideration of the need for orderly development, neither will serve the area herein
delineated for service by the other without the express prior written consent of the other.
3. Changes in Service Area: In the event there is any change in the service area
boundary set between BREMERTON and ERLAND POINT in the future, such changes shall be
by mutual agreement and in writing.
4. No Abrogation: Nothing in this Agreement shall abrogate the rights and powers
of BREMERTON under RCW 35.13A.030 - .050 upon annexation of any territory included in
the ERLAND POINT service area into BREMERTON.
5. Authorization: BREMERTON and ERLAND POINT have each authorized the
execution of this Agreement by appropriate resolution.
6. Notices: All written notices required to be given pursuant to this Agreement shall
be sent by certified mail, return receipt requested, to the parties at the following address:
BREMERTON: Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310-4799
ERLAND POINT: Erland Point Water Company
P.O. Box 644
Silverdale, WA 98383
Provided, however, that either party may change the address to which notices are to be sent by
providing notice in accordance with this section.
7. Governing Law: This Agreement shall be governed by the laws of the State of
Washington.
8. Jurisdiction and Venue: In the event that any suit or action shall be brought in
connection with this Agreement, jurisdiction and venue shall be proper in the Kitsap County
Superior Court, Kitsap County, Washington.
9. Severability: In the event that any section, or any part of any section, of this
Agreement shall be declared invalid by a court of a competent jurisdiction, said holding shall
have no effect upon the remaining sections of this Agreement, which shall remain in full force
and effect.
Agg. Svcsdlh SERVICE AREA AGREEMENT Page 2
representations, either written or oral, which modify or have any effect upon this Agreement.
DATED this day of ,2000.
CITY OF BREMERTON
By:
Authorized Signatory Party
Lynn S. Horton, Mayor
ERLAND POINT WATER COMPANY, INC.
Manager, P~esident
Agg. Svcs/lh SERVICE AREA AGREEMENT Page 3
CITY OF BREMERTON AND
ERLAND POINT WATER DISTRICT
EXHIBIT "B" ~/~)~///~/,~
Description
The line dividing the service areas of the City of Bremerton Water System and the
Erland Point Water System is described as follows:
Beginning at the northeast corner of Government Lot 4, Section 4, Township 24
North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington also
being the True Point of Beginning; thence west along the north line of said
Government Lot 4 to the common corner between said Government Lot 4 and the
northeast corner of the southeast quarter of the southeast quarter of Section 5,
Township 24 North, Range 1 East, Willamette Meridian; thence along the north line of
said southeast quarter of the southeast quarter to the intersection of the said north
line and the easterly right of way of State Highway 3; thence south along said
easterly right of way to the section line between said Section 5 and Section 8; thence
west along said section line to the common quarter corner between said Sections 5
and 8; thence continuing west along said section line to the northerly right of way of
NW Golf Club Hill Road; thence easterly along said northerly right of way to the
intersection of said northerly right of way and the extension of the east line of Short
Plat No. 4801, recorded under Auditor File No. 8810190063, records of Kitsap
County, Washington; thence south along said extension to the southeast corner of
said Short Plat No. 4801; thence west along the south line of said Short Plat No.
4801 to the southwest corner of said Short Plat No. 4801; thence south along an
extension of the west line of said Short Plat No. 4801 35.95 feet; thence N 68°05'05''
W 111.37 feet; thence S 27°27'22'' W 41 feet; thence N 89°09'55'' W 156.27 feet;
thence N 88°27'03'' W 380 feet more of less to the west line of the east half of the
northeast quarter of the northwest quarter of said Section 8; thence south along said
west line to the south line of said northeast quarter of the northwest quarter; thence
west along said south line to the intersection of said south line and the westerly right
of way of Chico Way NW; thence north along said westerly right of way 226.2 feet;
thence leaving said westerly right of way, S 89°47'11" W 66.2 feet; thence N 0°52'49''
W 200 feet; thence N 88°57'49" W 397.6 feet; thence S 1°26'11" W 118.7 feet;
thence S 88°57'49'' E 251.6 feet; thence S 1°26'11" W 300 feet to the south line of
said northwest quarter of the northwest quarter of said Section 8; thence west along
said south line to the intersection of said south line and the westerly right of way of
North Lake Way NW; thence along said westerly right of way to the intersection of
said westerly right of way and the southerly right of way of Seabeck Highway; thence
westerly on the said southerly right of way to the intersection of said southerly right of
way and the easterly right of way of the United States Navy Railroad and the
terminus.
AGENDA BILL
BREMERTON CITY COUNCIL
DECEHBER 20, 2000
1. SUBJECT: FOR AGENDA OF:
Memorandum of Understanding Concerning ORIGINATING DEPT: Public Works & Utilities
Watershed Planning ORIGINATOR: K. Cahall, Water Resources
DATE SUBMITTED: 12/06/00
2. CLEARANCES: (comment o1~ bacl~/~e~essary) 3. EXHIBITS:
Director, PW&U ~- ~-~ - Memorandum of Understanding
City Attorney
City Treasurer
Fiscal & Budget Corem
Operations Comm.
*Watershed Planning was presented at City Council Study Session on October 25, 2000.
ENDORSEMENT /~-' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~-~-'J Y'~'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Watershed Planning has been initiated in Water Resource Inventory Area 15, which is the entire Kitsap
Peninsula. The purpose of Watershed Planning as described in RCW 90.82 is to cooperatively plan and manage
the uses of Washington's water resources. The planning process will be in three phases: (1) Develop planning
parameters and schedule; (2) Technical assessment; and (3) Produce Watershed Plan. As a member of the
initiating governments, the City of Bremerton is involved in guidance of the planning process by specifying the
four scope issues (water quantity, water quality, in-stream flows, and habitat), forming the planning unit, and
developing the ground rules, as described in the attached MOU among the initiating governments.
8. RECOMMENDATION:
That City Council approve the Memorandum of Agreement for Watershed Planning and authorize the Mayor to
si.cln, subiect to City administrative policies and procedures.
9. RESPONSIBLE OFFICIAL: PW&U Director
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED ~ A~IIED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: (,,)0 ~ ~ ~ I
2. CLEARANCE COMMENTS (Continued):
4. SUMMARY STATEMENT (Continued):
5. IMPACT OF NON-PASSAGE:
Watershed Planning in WRIA15 could not proceed without the concurrence of the City of Bremerton.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES:
The City's representatives on the committee are Kathleen Cahall (Water Resources Manager) and Gene Sampley
(Director, Public Works & Utilities) (alternate). Personnel time for involvement in this planning process has been
budgeted in the Utilities' 2001/02 budget. No other City expenditures are anticipated at this time. State grants are
available for the three phases for funding technical studies pdnting the plan, etc., but not for staff participation on the
Planning Committee.
7. RESEARCH SOURCES:
RCW 90.82 - The Washington Watershed Management Act
Guide to Watershed Planning and Management (draft), 1999.
MEMORANDUM OF UNDERSTANDING ~,~¥//_~}'~ln
WATERSHED PLANNING
KITSAP WRIA 15
November, 2000
WHEREAS, the Washington Watershed Management Act, RCW 90.82, provides a process to plan and
manage the uses of water within the Kitsap Water Resource Inventory Area (WRIA 15); and
WHEREAS, the water resource planning process described in Chapter 90.82 and this Agreement is not
intended to formally determine or resolve any legal dispute about water rights under state or federal law
or Indian Treaty. Rather, this process is an alternative, designed to cooperatively plan and manage the
uses of Washington's water resources; and
WHEREAS, the initiating governments as defined under RCW 90.82.060 are Kitsap, Mason, and Pierce
counties, the City of Bremerton, the Silverdale Water District, and the Port Gamble S'Klallam and
Suquamish Tribes; and
WHEREAS, the initiating governments as defined by RCW 90.82.060(5) have initiated the watershed
planning process in accordance with RCW 90.82.060(2) and have determined that the general scope of
planning should include an instream flow component in accordance with RCW 90.82.080, a water quality
component in accordance with RCW 90.82.090, and a habitat component in accordance with RCW
90.82.100; and
WHEREAS, the initiating governments recognize that effective watershed planning cannot take place
without a broad participation of governmental entries with a water interest within WRIA 15, and
therefore seek the full participation of additional local and tribal governments in organizing and
conducting this watershed planning process; and
WHEREAS, these expanded initiating governments have been included consistent with RCW 90.82.060,
which directs that 'the initiating governments shall work with state government, other local governments
within the management area, and affected tribal governments in developing a planning process'.
NOW, THEREFORE, the initiating governments and expanded inkiating governments for WRIA 15
agree as follows:
Preamble: The purpose of this agreement is for the Expanded Initiating Governments, as defined below,
to come to a mutual understanding and agreement regarding their role and responsibility in watershed
planning under the Washington State Watershed Management Act (RCW 90.82). This agreement covers
the roles and responsibilities of the lead agency, the Expanded Initiating Governments and the Planning
Unit. Further, this agreement establishes the general scope of planning for the Kitsap WRIA and
establishes a general planning process under which the Planning Unit will operate.
1.0 Expanded Initiating Governments
1.1 The parties to this Agreement shall be an expanded group of initiating governments,
specifically the counties of Kitsap, Mason, Pierce, and King; the cities of Bainbridge Island, Bremerton,
Gig Harbor, Port Orchard, and Poulsbo; the Indian tribes of Port Gamble S'Klallam, Skokomish, Squaxin
Island, and Suquamish; and the water purveyors of Annapolis, North Perry, and Silverdale water districts
as well as Public Utility District #1 of Kitsap County. The Expanded Initiating Governments will be set
at 16 members. As of this agreement, the Expanded Initiating Governments are considered to be
equivalent to the Initiating Governments.
1
1.2 The Expanded Initiating Governments agree to form and maintain a balanced Planning Unit
that represents a wide range of water resource interests in WRIA 15. It shall be the individual
responsibility of each Expanded Initiating Government to appoint a representative to the Planning Unit.
Such a representative will be authorized to make consensus decisions on behalf of the Expanded Initiating
Government, though ultimate decision-making is the responsibility of the policy makers. All
representatives shall make best attempts to coordinate, as needed, with elected officials and other affected
departments in order to ensure to the extent possible that decisions made during the development of the
watershed plan represent all interests of the Expanded Initiating Government.
1.3 The Expanded Initiating Governments establish and guide the planning process by providing
the Planning Unit with ground rules to be used throughout the planning process. The ground rules may be
modified by the Planning Unit.
2.0 Scope: The intended scope of the watershed plan is comprehensive, to include water quantity,
water quality, instream flows, and habitat. Existing data, studies and plans will be fully utilized in this
comprehensive watershed planning process.
The geographic scope of the watershed plan shall be Kitsap WRIA 15. Sub-area investigations and plans
may be developed by the Planning Unit, provided that these sub-area plans are ultimately integrated into a
unified and consistent overall watershed plan. It is understood, however, that there are not enough
resources to fully study all areas of the WRIA, therefore, it is anticipated that the sub-basins within the
WRIA will be prioritized and remaining data gaps will be identified. Studies and data that are available
may be used as a general guide, where appropriate, for areas that are not investigated.
3.0 Lead Agency: Kitsap County will be the lead agency for the purposes of convening the
Expanded Initiating Govemments, administration of Watershed Planning Grant funds, facilitating
meetings of the Planning Unit, and providing and/or contracting services. Project budgets and overall
approach, including utilization of consultants, shall be agreed upon by the Expanded Initiating
Govermnents by consensus, before the Planning Unit is formed, and by the Planning Unit after it is
formed and operating, as defined within its ground rules. The Lead Agency shall not obligate any parties
to financial responsibility in performing its tasks under this Agreement without approval of the respective
governmental entities. The Lead Agency will also prepare and maintain proper records for accounting
and administration of watershed planning grants.
4.0 Planning Unit
4.1 The Planning Unit is the committee formed by the Expanded Initiating Governments to
define a detailed work plan and scope of work, determine a budget, establish a schedule, hire consultants
and/or staff, and to direct all aspects of the Watershed Management Plan. Ultimately the Planning Unit
will be responsible for approving the Watershed Management Plan and forwarding the Plan on to the
three Counties for public hearings and adoption.
4.2 Members of the Planning Unit formed by the Expanded Initiating Governments shall agree to
cooperate with the planning process identified in this Agreement.
4.3 The Planning Unit shall be the policy recommendation committee for the watershed plan as
envisioned in RCW 90.82.060. Non-governmental representation in the Planning Unit is encouraged to
provide representation of a wide range o f water resource interests.
2
4.4 The Planning Unit may def'me its mission further and establish additional groundrules for
operation consistent with this agreement, including establishing various sub-committees. The Planning
Unit shall establish procedures for consensus, voting, recording decisions, and dispute resolution. Sub-
committees can also establish their own groundrules for operation consistent with this agreement,
provided that such groundrules are approved by the Planning Unit.
4.5 The Planning Unit will consist originally of the following groups and representatives:
Counties: a representative from Kitsap, Mason, Pierce, and King counties, appointed by the respective
county;
Cities: a representative from Bainbridge Island, Bremerton, Gig Harbor, Port Orchard, and Poulsbo,
appointed by the respective city;
Tribes: a representative from Port Gamble S'Klallam, Skokomish, Squaxin Island, and Suquamish Tribes,
appointed by the respective tribe/tribal group;
Water Purveyors: a representative from Silverdale, Annapolis, and North Perry Water Districts, and
Public Utility District # 1 of Kitsap County, each appointed by the respective Board of Commissioners or
water purveyor;
State: The State of Washington shall participate in the Partnership in caucus form through the
Department of Ecology (DOE), who shall represent all pertinent State agencies, including the
Departments of Health, Natural Resources, Fish & Wildlife, Community Trade & Economic
Development, and the Puget Sound Action Team. These other agencies are invited and encouraged to
actively participate in this planning effort;
Other Caucuses (tentative lisO
The following major interest caucuses will each have one seat on the Planning Unit:
At Large
· Business
· Environmental
· Fisheries (including sport and shellfish)
· Non-voting Federal Agencies
· Recreational
· Timber/Agriculture
· Water Purveyors
4.6 The Planning Unit can agree to add a caucus or representative through thc consensus process.
5.0 Decision process
5.1 Each duly appointed representative ora unit of local government or tribe will have one vote.
State and non-governmental organizations will each have one vote as a caucus, except the water
purveyors not listed above who will form one caucus with two representatives. Representatives of federal
agencies shall not be entitled to a vote.
5.2 The Planning Unit will strive to make decisions by consensus of all members of the Planning
Unit. For the purposes of this process, consensus shall mean concurrence, with no one member of the
Planning Unit refusing to support the implementation of the decision. If the full Planning Unit is unable
to reach a consensus decision on an issue, an affkrnative decision shall be made by the consensus of
governmental participants on the Planning Unit and a majority vote of all non-governmental participants
present. This method of approval will be called "voting consensus."
3
5.3 Where applicable, decisions should be based upon best available science. Best available
science is defined by the scientific community and agreed upon by the Planning Unit.
5.4 Sub-area investigations and plans may be developed by the Planning Unit. Any sub-area plan
must be compatible with the overall watershed plan and policy recommendations.
5.5 Nothing contained herein or developed during the planning process shall prejudice the legal
claims of any participants.
5.6 Government participants may and are encouraged to provide specific written approval of all
watershed plan elements that create an obligation on the government entity. Obligation means any
required action that imposes a fiscal impact, a redeployment of resources or a change of existing policy.
It is expected that all governmental entities will provide written approval of the f'mal Watershed Plan.
5.7 Substantive decisions will be made by the Planning Unit at least one week after the issue is
brought to the Unit for a decision, to allow time to communicate within caucuses. Ifa caucus does not
support a proposed action, it is encouraged to state why, in writing, for the record.
6.0 Funding:
6.1 This agreement does not obligate the Expanded Initiating Governments to pay any costs for
WRIA 15 watershed planning. Any such obligation in the future shall require express written agreement
by those obligated.
6.2 Kitsap County shall be the lead agency for the management of grant funds and the application
for additional funds. Annual budgets and allocations of watershed planning grant funds shall be approved
by the Planning Unit. Grant funds may be used for staff support, technical staff and/or consulting
services, and may include preparation of technical reports for review by the Planning Unit and
committee(s).
6.3 Participation in watershed planning committees by officials and staff shall be regarded as
contributed time and not eligible for grant reimbursement, unless expressly approved by the Planning
Unit.
7.0 General Watershed Management Planning Act Conditions
7.1 Watershed Plan (the Plan) provisions cannot conflict with existing statues or tribal treaty
rights.
7.2 Existing water rights (claims, permits, and certificates) cannot be impaired or diminished.
7.3 The Plan cannot require modifications in the operations of a federal reclamation project with
water rights pre-dating the law, and cannot alter the quantity of water available to such a project.
7.4 The Plan cannot affect or interfere with an ongoing general adjudication of water rights.
7.5 The Plan cannot modify or require the modification of a waste discharge permit.
7.6 The Plan cannot modify or require modification of wild salmonid recovery activities
developed under the Salmon Recovery Act (but may contain recommendations for changes).
4
13.0 Authorization to Sign: The parties hereto each represent and warrant that all necessary
signatures and consents to enter this agreement and to assume and perform the obligations hereunder have
been duly and properly obtained.
This Memorandum of Agreement has been executed this __ day of , on one
or more originals, by the parties below.
Kitsap County Mason County
Pierce County Executive City of Bainbridge Island
City of Bremerton City of Gig Harbor
City of Port Orchard City of Poulsbo
Annapolis Water District Kitsap PUD/ti
North Perry Water District Silverdale Water District
Port Gamble S'Klallam Indian Tribe Skokomish Indian Tribe
Squaxin Island Indian Tribe Suquamish Indian Tribe
6
Attachment to Memorandum of Understanding
Kitsap WRIA 15 Watershed Planning
Squaxin Island and Skokomish Tribes
Statement of Conditions for Participating in Watershed Planning
as part of the Watershed Management Planning Act
8.1 The water resource planning process described in this agreement is not intended to formally
determine or resolve any legal dispute about water rights under state or federal law or Indian Treaty.
Rather, this process is an alternative, voluntarily developed, designed to cooperatively plan and manage
the uses of Washington's water resource.
8.2 The Tribes will not define or identify a specific quantity of water that constitutes the Tribes'
treaty or legal water rights. The Tribes reserve their treaty right to any and all waters required to produce
a harvestable number of fish sufficient to meet ceremonial, subsistence, and commercial needs in order to
carry out its treaty fishing right reserved under the Treaty of Medicine Creek. Further, the Tribes reserve
their judicial, statutory, and equitable rights to any and all waters to meet the changing needs of its tribal
members in fulfilling the purposes of the Reservation.
8.3 The Tribes will not agree to any plan elements that seek to delrme, alter, or otherwise affect
the Tribes' treaty or legal water rights.
8.4 There will be no planning involving on-reservation water rights.
8.5 Effective watershed planning cannot take place without the full participation, as an Initiating
Government, of all Tribes with a legal interest or history of fish habitat management activities in the
affected watershed. To achieve this, the Initiating Government will invite such Tribes to participate as
Initiating Governments in determining the scope of planning, composition of the Planning Unit, and all
other authorities of such governments.
8.6 The Tribes will not agree to re-negotiation ofinstream or base flows that have been set by
rule or agreement in the watershed, except to the degree that modifications are necessary to meet the
requirements of the fish resource and the reserved rights of the Tribe. Further, the Tribes will not agree to
re-negotiation of closures to further appropriation by Department of Ecology rule or determination in any
stream reaches in the watershed.
8.7 Assessment ofinstream flow, for purposes of the state or Tribes, will be conducted jointly by
the Department of Ecology with the affected Tribes, and in cooperation with the Department ofFish and
Wildlife.
8.8 Tribal claims to instream flows include at a minimum: minimum flows necessary to provide
optimum habitat conditions for salmon. This includes those waters of sufficient quantity and quality to
meet the needs of all the Tribes' fisheries and to fully support the five elements ofanadromous fish
habitats set out in the Joint Biological Statement in United States v. Washington: 1) access to and fi.om the sea;
2) an adequate supply of good quality water;
3) a sufficient amount of suitable gravel for spawning and egg incubation;
4) an ample supply of food; and
5) sufficient shelter.
7
8.9 All discussions must use best available scientific data and methodologies and such science
must be commonly accepted by the scientific community and agreed upon by the affected Tribes.
Utilization ofconsukants must also be agreed upon between the affected Tribes and the appropriate state
agencies.
8.10 The parties recognize that f'mal agreement is more likely if the parties can fi-eely discuss
alternatives and hypotheticals without prejudice to positions they may take in legal proceedings.
Therefore, no discussion, plan, proposal, agreement, offer of compromise, proposed agreement,
concession, statement, data, material or document, whether oral, written or in electronic or other format,
made by or on behalf of the affected Tribe in furtherance of the planning process envisioned by this
agreement shall be admissible in any legal or administrative proceeding, regardless of whether the Tribe is
a party to that proceeding.
8.11 The Tribes reserve any and all rights and defenses that they may have with respect to their
treaty reserved, judicial, statutory, or equitable water rights pertaining to any other participant in the
process, including any such participants' claim to or allocation of water in the watershed.
8.12 No negotiations seeking to de£me, alter, diminish, or otherwise affect the treaty reserved or
legal water rights of the Tribes may be adopted without the express approval of the Tribal Government
and its General Membership.
8.13 The parties agree the consensus decision-making process def'med under this agreement will
remain in force not withstanding any future legislation.
8.14 There shall be no consensus under Section 9(1)(a) of ESHB 2514 without the express
agreement fi:om the Tribes in writing.
8.15 The Tribes shall have the right to withdraw fi:om the planning process at any time. Ail
parties agree that, if the Tribes withdraws, it shall not be considered a party to any plan or agreement
produced pursuant to ESHB 2514 and shall not be bound thereby.
8.16 No amendment or alteration of this agreement shall arise by implication, course of conduct,
or change of state law. This agreement may be altered only by a subsequent written document, signed by
the parties, expressly stating the parties' intention to amend the agreement.
8.17 Nothing herein shall be a waiver of Tribal sovereign immunity for any litigation including
but not limited to any general stream adjudication.
8.18 The parties recognize that ESHB 2514 provides that the planning process shall not contain
provisions which conflict with Tribal treaty rights or which impose an obligation on any participating
Tribal government. They therefore agree that Tribal participation in this process shall not constitute an
admission or agreement by the participating Tribes that any estimates of Tribal treaty rights are binding
on k, unless the affected Tribe expressly so agrees in writing at the conclusion of the process, and such
Tribal agreement is approved in writing by the United States.
8.19 This statement must be made part of the Watershed Plan proposed by the Planning Unit or
approved by the County pursuant to Sections 3 and 9 of the Act.
8
7.7 The Plan cannot modify or require modification of habitat enhancement activities that are a)
part of an approved habitat conservation plan, incidental take permit, incidental take statement; or other
cooperative or conservation agreement involving a State or federal agency; or b) part of a water quality
program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under
chapter 87.80 RCW.
7.8 The Plan cannot change existing local ordinances or existing state rules or permits (but may
contain recommendations for changes).
7.9 The Plan must take into account forest practices rules under RCW 76.09 and cannot create
obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and
its implementing rules.
7.10 Nothing contained herein or developed during the planning process shall prejudice the legal
claims of any participants.
8.0 Tribal Conditions for Participation
The attached Squaxin Island and Skokomish Tribes Statement of Conditions for participating in
watershed planning under ESH~ 2514 are acknowledged by all the parties of this agreement. These
conditions outline those Tribes' conditions for joining this planning effort, but they are not binding on the
other parties to this agreement or the Planning Unit. To be clear, the Port Gamble S'Klallam and
Suquamish Tribes are not part of these Statement of Conditions.
9.0 Duration: This agreement will be in effect for the duration of the watershed planning period,
which shall last no longer than £our years fi:om the effective date of receipt of Phase 2 funding unless
extended by agreement of the Expanded Initiating Governments.
10.0 Modifications:
10.1 This agreement may be modified or amended only by a subsequent written document,
signed by all the Expanded Initiating Governments, expressly stating the parties' intention to amend the
agreement. No amendment or alteration of this agreement shall arise by implication, course of conduct or
change of state law until expressly addressed by the Planning Unit.
10.2 Notwithstanding the above, any governmental entity shall have the right to withdraw fi-om
the planning process at any time. All parties agree that if an entity withdraws, it shall not be deemed to be
a party to any plan or agreement produced pursuant to RCW 90.82 and shall not be bound thereby.
11.0 Agreement: The water resource planning process described in this Agreement is intended to
result in the cooperative management of WRIA 15, water resources. The parties agree that participation
in the WRIA 15 watershed planning process shall not abrogate any parties' authority or the reserved or
other rights of any participating agency, except where an obligation has been accepted in writing.
12.0 Notice: Any notice for or 9onceming this agreement shall be in writing and shall be deemed
given when sent to the address below:
Lead Agency - Kitsap County
Natural Resources
614 Division Street MS-436
Port Orchard, WA 98366
5
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: CSO REDUCTION PLAN FOR AGENDA OF: December 20, 2000
UPDATE - AMENDMENT NO. 1 TO ORIGINATING DEPT: Public Works & Utils
PROFESSIONAL SERVICES AGREEMENT ORIGIN.AT~QR: W. E. Sampley, Director
Public Works & Utilities
DATE SUBMITTED: December 5, 2000
2. CLE~¥d~ (Comment on back 3. EXHIBITS:
~/~~ ~ 1. Amendment No. 1 to Professional
Director of lgublic W~& Utilities Services Agreement
~c~ty Attorn~
C6~unci1 Fiscal & Budget Committee
C%uncil Op~erations Committee
ENDORSEMENTX~INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
'~-~C COUNCIL PRESIDENT ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Design and construction of improvements in the Callow Avenue Basin will be partially funded by a congressional
appropriation administered by the Environmental Protection Agency (EPA.) The total available funds appropriated for
this work is approximatley $3,500,000. A requirement for receipt of this funding is development of a Environmental
Assessment (EA) for the area impacted by the construction. This amendment adds scope of work and budget to the
contract with HDR to perform the required EA. Scope of work and budget is also included in this amendment for
evaluation of sanitary system flow data that the City is collecting in various CSO basins. The requested action before
the City Council is approval of a contract with HDR Engineering for an amendment to their existing Professional
Services Agreemment.
5. RECOMMENDATION:
The City Council approve Amendment No. 1 to the professional services agreement with HDR Engineering, Inc., for
$41,800, and authorize the Mayor to execute the same.
9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROQ~)ED []
COUNCIL DIRECTIVE:
(OVER) 11. AGENDA BILL NO.: O~ '- ~q ~-~
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
The City would not receive approximately $3,500,000 in federal funding. The City would also not have the consultant
evaluate flow data collected during the winter months.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: No Impact.
Budget: This project is funded by a combination of the Department of Ecology's Centennial Clean Water
Fund (grant funds), and Water Pollution Control Revolving Fund (loan funds.) This project is
included in the 2000 and 2001 budgets.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
CSO REDUCTION PLAN UPDATE
The City of Bremerton, Washington, (the "City"), and HDR Engineering, ("Consultant") have entered into
a PROFESSIONAL SERVICES AGREEMENT, hereinafter referred to as AGREEMENT for a project
described as CSO Reduction Plan Update.
This AMENDMENT NO. 1 modifies the Scope of Work and Budget set forth in the AGREEMENT dated
October 13, 1999, as follows:
The Scope of Work shall be modified to add additional scope items as outlined in the attached Amendment
No. 1.
The Compensation for services shall be increased by $41,800 and the total fees under this Agreement shall
not exceed Three Hundred Ninety One Thousand and One Hundred Dollars ($391,100.)
Except as herein modified, the terms of the AGREEMENT shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have executed the AMENDMENT NO. 1 to the Professional
Services Agreement the date and year indicated.
For HDR Engineering, dated this __ day of ,2000.
By:
For the City of Bremerton, dated this __ day of ., 2000.
By:
Lynn S. Horton, Mayor
DEPARTMENTAL APPROVAL:
W. Eugene Sampley, Director of Public Works and Utilities
APPROVED AS TO FORM:
City Attomey
RECEIVED FOR FILING:
Kathleen McCluskey, City Clerk
-/8
AMENDMENT NO. 1
CITY OF BREMERTON
CSO REDUCTION PLAN UPDATE
ADDITIONAl, SCOPE ITEMS
Task 411 - Prepare an Environmental Assessment for CSO Reduction Facility Plan
Improvements in the Callow Basin
Consultant Responsibilities:
1. Contact the State Historic Preservation Officer and request a letter of compliance for
the Callow Avenue Basin CSO reduction projects.
2. Contact the Corps of Engineers regarding determination of a need for a permit under
Section 404 for any of the Callow Avenue Basin CSO reduction projects.
3. An NEPA Environmental Assessment (EA) will be prepared assessing the
environmental impacts of the proposed improvements identified in the CSO Reduction
Plan Update for the Callow Basin. The City will be able to proceed directly to
environmental review with the EA.
City Responsibilities:
1. Provide the approved CSO Reduction Plan Update
Assumptions:
1. All data needed to prepare the EA exists and, thus, no new field studies are
necessary.
2. Impacts are minimal and a Finding of No Significant Impact (FONSI) will be
issued.
3. No public meetings are included in this task.
4. Attendance at two half day meetings with the Environmental Protection Agency.
5. The EA is a maximum of 70 pages in length (not including appendices).
6. Copying and distribution costs for 50 copies of the final version of the EA are
included.
7. The EA will be developed in accordance with EPA guidelines.
8. Preparation of the EA is based on approximately five weeks of labor by senior and
junior environmental staff.
9. A biological assessment (BA) will not be required.
10. The EPA and the City will address comments on the EA during the review period
after issuance of the FONSI.
City of Bremerton I Scope of Work
CSO Reduction Plan Update '7 ~
Work Products:
1. Ten copies of an initial draft of the EA are provided to the City for review. Based
on a notice to proceed by December 22, 2000 the draft EA will be completed and
submitted to the City by January 31, 2001.
2. Ten copies of the final draft of the EA are provided to the City concurrent with the
submittal of the draft to the EPA for review. The final draft will be submitted to
both the City and the EPA one week after receiving comments from the City on the
initial draft.
3. A camera ready copy of the EA, 50 printed copies, and associated electronics are
provided to the City. The EPA has indicated that the review period for the draft
EA will be up to 30 days after receipt of the draft EA. The final EA will be
submitted to both the City and the EPA one week after receiving comments from
the City and the EPA on the final draft.
Task 412 - Review and Assessment of Combined Sewer System Flow Data
Consultant Responsibilities:
1. Review combined sewer system flow data. This includes both overflow data and base
system data.
2. Review precipitation data with regard to the design storm event used in the
development of the CSO reduction plan update.
3. Modify the HYDRA hydrologic and hydraulic model based relevant flow data
collected during CSO events.
City Responsibilities:
1. Provide flow, rainfall and operational data.
Assumptions:
1. The work items in this task will be performed as requested by the City.
2. Invoicing will be based on the payment provisions of the contract.
Work Products:
1. At a minimum, documentation of analysis or review performed will be by verbal
description followed up by e-mail. Where appropriate or when requested a
technical memorandum or report will be prepared.
Estimated Costs
Task 411 - Preparation of Environmental Assessment $26,800
Task 412 - Review and Assessment of Combined Sewer
System Flow Data $15,000
TOTAL $41,800
City of Bremerton 2 Scope of Work
CSO Reduction Plan Update ~0
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: December 20, 2000
Professional Services Agreement- ORIGINATING DEPT: Public Works ~l. zA
Amendment No. 2: Marten and Brown ORIGINATOR: Eugene Sampley, Directo
DATE SUBMITTED: December 13, 2000
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
}~'[~I~Y ~TTOR~'EY Professional Services
Agreement - Amendment No.2:
Marten & Brown
/.Fiscal & Budget Committee
Operations Committee
ENDORSEMENT .~ INFOP,_M~TION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Martin & Brown is representing the City in the Tal Price/A&K Trust Lawsuit which
is currently under appeal. Also, a second claim has been filed by A&K Trust.
Additional services are required to address the appeal and potential additional
litigation associated with this matter. Authorization is requested to amend the
Professional Services Agreement with Marten & Brown by $200,000 to a total
contract amount of $325,000.
8. RECOMMENDATION:
Motion to approve Amendment No. 2 to the Professional Services Agreement with
Marten & Brown an additional amount of $200,000 for a total not-to-exceed
contract amount of $325,000 and authorize the Mayor to execute the same in
accordance with City policies and procedures.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
REVIEW DATE
PULLED [] TABLED [] APPROVED [] DISAPPROVED NDED
COUNCIL DIRECTIVE: 11. AO~NDA BILL NO.:
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Overload of City resources to the detriment of other responsibilities. Appeal of
the initial lawsuit will not be supported by the attorney-of-record.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Martin & Brown has provided legal services for the case to date and will have all
necessary background information to continue with future litigation. Monitoring
of the Agreement will require essential oversight. Funds are available in the
Public Works & Utilities 2000/01 Budget.
7. RESEARCH SOURCES:
PROFESSIONAL SERVICES AGREEMENT
Retained Counsel Services - Amendment No. 2
This agreement is by and between the City of Bremerton (hereinafter "City") and Marten &
Brown, (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of
Chapter 39.34 RCW.
WITNESSETH:
WHEREAS, on October 1, 1999 the parties entered into a professional services agreement for
legal services to be provided to the City by Retained Counsel in the amount not to exceed Seventy-five
Thousand Dollars ($75,000); and
WHEREAS, on April 27, 2000 the parties executed Amendment No. 1 to the agreement to an
amount not to exceed One Hundred Twenty-five Thousand Dollars ($125,000); and
WHEREAS, the parties wish to amend the agreement to provide for additional services required
for ongoing litigation in an amount of Two Hundred Thousand Dollars ($200,000) to an amount not to
exceed Three Hundred Twenty-five Thousand Dollars ($325,000);
NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties
hereto agree as follows:
Section 3. "Compensation", is amended to read:
This agreement shall not exceed the total amount of Three Hundred Twenty-five Thousand
Dollars ($325,000).
All other terms and conditions of the parties October 1, 1999 Professional Services Agreement shall
remain in full force and effect unless inconsistent with this agreement.
Dated this __ day of December 2000.
CITY OF BREMERTON MARTEN & BROWN
BY: BY:
LYNN S. HORTON, Mayor GILLIS E. REAVIS
DEPARTMENT APPROVAL:
W. EUGENE SAMPLEY, Director of Public
Works & Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
KATHLEEN McCLUSKEY, City Clerk
MAP, TEN & BP, OWN
T91..1651-0 TAL PP,..T.C,E LAWSU~'T
AC~EEMENT INVOICE5 PAYMENTS TOTAL
EFFECTIVE bATE AMOUNT INVOICE ;~ Date AMOUNT Rte Paid Ck# AMOUNT
i0/21/99 75,000.00 75,000.00
19040 10/08/99 1;622.35 10/27/99 ~235692 1.622.35 76,622.35
20550 11/11/99 11,432.80 11/23/99 ~236507 11,432.B0 BB,055.15
2230t 12/10/99 12,~ ~-'7~,19 0t/tl/O0 ~'237677 12,7'75,19 100.830.34
1142§ 01/27/00 42,983.19 03/01/00 #239016 42,983.19 143,813.53
12775 02/28/00 17,815.76 04/19/00 #240640 17,815.76 161,629.29
03/22/00 50,000.00 13124 03/13/00 22,917.B4 04/19/00 #240640 22,917.84 134,547.13
14475 04/24/00 29,375.37 05/03/00 ~241040 29,375.3T 163,922.50
15251 05/12/00 14,882.84 06/07/00 ~242093 14,882.84 178,805.34
16835 06/26/00 94,476.11 10/18/00 1~2460B2 94,476.11 273,281.45
17020 07/24/00 [0,103.73 10/t8/00 ~246082 10,103.73 283,385.18
18251 08/10/00 604.66 10/18/00 ;~246082 604.66 283,989.84
19025 09/19/00 1,078.23 10/18/00 ;~246082 1,078.23 285,068.07
20102 10/15/00 85.26 85.26 285,153.33
12§,000.00 Tot~t I,voi¢~d 260,153.33 T~:I p:ym~ra, 260,1§3.33
BUI)6ET~ YTD COSTS BUD~
535.1035 1999 ~,0~ 68,B14 3,840 72.6~ (22,6~)
535,1035 2~ NONE ZDEN~ED 191,3~ 11,301 202,641
0 0 0
Lt~ ~O~T~ 260,t~3 t5,~41 275,295 - ~t~l
Fllef~ame: mil"ten Ul~da~ed: 1111/0~
MAP, TEN & BROWN
T9116510 TAL PP. ICE LAWSUIT
:::::::;::::::::: : : ::::: : ::.:::::::::::: :;: ; :::::::::::::::::::::::::::::::::::::::
AC~EEMENT TNVOTCES PAYMENTS TOTAL
EFF~CT'~VE DATE AMOUNT ZNVO];CE # bet., AMOUNT b,~i'e P~id Ck# AMOUNT
10/21/99 7§,000.00 75,000.00
19040 10/08/99 1,622.35 10/27/99 #235692 1,622.35 76,622.35
205§0 11/11/99 11,432.80 11/23/99 ~236§07 11,432.80 88,0§§.1§
22301 12/10/99 12,7-/§.19 01/11/00 ~2376T7 12,7-/'§.19 100,830.34
11425 01/27/00 42,983.19 03/01/00 #239016 42,983.19 143,813.53
1277'5 02/28/00 17,815.76 04/19/00 ~240640 17,815.76 161,629.29
03/22/00 50,000.00 13124 03/13/00 22,917.84 04/19/00 ~240640 22,917.84 134,§47.13
14475 04/24/00 29,37§.37 05/03/00 ~241040 29,37§.37 163,922.50
15251 05/12/00 14,882.84 06/07/00 ~242093 14,882.84 178,805.34
16835 06/26/00 94,476.11 10/18/00 #246082 94,476.11 273,281.45
17020 07/24/00 10,103.73 10/18/00 #246082 10,103.73 283,385.18
18251 08/10/00 604.66 10/18/00 #246082 604.66 283,989.84
19026 09/19/00 1,078.23 10/18/00 ~246082 1,078.23 285,068.07
20102 10/15/00 85.26 11/08/00 #246690 85.26 285,153.33
21251 11/1§/00 184.51 184.51 285,337184
125,000.00 Total Znvoiced 260,337.84 Total Payments 260,337.84
PRO.,TECT MANAGE~mLEh~N,A
BUbGET* Y'rl:) COSTS BU~
BARS # YEAR AMOUNT AGREEMENT OTHER COST5 TOTAL BALANCE
535.1035 1999 50,000 68,814 3,840 72,654 (22.654)
535,1035 Z000 NONE ]:DEN'I-J:I~ZED 191,524 11,301 202,826
0 0 O
LTD COSTS 260,338 15,141 275,479 -
Fllenlme: martin
Updated: 12/5/00
AGENDA BILL
BREMERTON CIT~ COUNCIL
1. SUBJECT: FOR AGENDA OF: 12/20/00 1. Contract for Mediation Services ORIGINATING DEPT: Mayor Horton
2. Joint Request for expedited ORIGINATOR: Mayor Horton
Judicial Review DATE SUBMITTED: 12/14/00
2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary)
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In an effort to resolve the on-going City Attorney issues and the
difference of opinion between the Mayor and the Council regarding
legislative and administrative functions, it is proposed that the mayor
and council jointly request an expedited judicial review of the issues.
These include, but may not be limited to, the City Attorney employment
issues and the council's recent motion to incorporate the City Attorney's
staff and/or budget into the Council budget.
The Mayor continues to support mediation and believes that while judicial
issues are being resolved the lines of communication should be opened
through a mediated process. Therefore, it is recommended that the Mayor
and Council move forward immediately to select a mediator and schedule
meetings.
8. RECOMMENDATION:
1. Motion to jointly request an expedited judicial review of the
issues.
2. Motion to approve joint selection of a mediator and scheduling of
meeting dates.
9. RESPONSIBLE OFFICIAL: Mayor & Council
ENFORCEMENT OFFICIAL: Mayor & Council
EXPIRATION DATE:
REVIEW DATE: ~
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
7. RESEARCH SOURCES:
AGENDA. BILL
BRE~4ERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: December 20,2000
ORIGINATING DEPT: BPD
Appeal of Determination ORIGINATOR: Clyde W. Stricklin
of Non-significance DATE SUBMITTED: December 13,2000
2. CLEARANCES: (comment on back 3. EXHIBITS:
-~f necessary) 1) DNS
2) Proposed Zoning Map
3) SEPA Checklist
~~ ~ ~/~/~. 4) Petition
· 5) Applicant's ApPeal
ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ ~. ~~ COUNCIL PRESIDENT ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City proposes a zoning amendment for the front yard setback street
side from 15 (20 garage) feet to ~5 feet street side" for existing lots
along a portion of Shore Drive (See exhibit 2) in response to a petition
rom a number of Citizens. (See exhibit 4). The Staff issued a DNS (See
exhibit 1) based upon an Environmental Checklist (See exhibit 3)in the
format required by the WAC as adopted by the BMC. The BMC authorizes One
open record appeal of this type two Administrative Decision to the City
Council. See continuation...
5. RECOMMENDATION:
The appeal should be denied. Cumulative impacts were considered for the
geographic area as proposed by the use of the checklist required by the
BMC. Other areas ar~D_e.~ithin the city proposal and their analysis is
specifig~~-~equired ~7~W~C 197-11-060 (c) (i) .
~ ' ' 7. NOTICE OF ACTION. ~' ' '
COUNCIL DIRECTIVE: DATE: ~l ~
2. CLEARANCE COMMENTS (cont.):
None
4. SUMMARY STATEMENT (cont.):
An Appeal has been filed regarding the Shoreline Drive Overlay zone
amendment Determination of Non-significance. (See exhibit 5.)
On the city form the Appellant alleges that "An EIS is required [due to
the DNS] failure to evaluate the cumulative impact of additional requests
for similar actions in Bremerton." No other written statements or
documentation were submitted with the appeal. The appeal was filed in a
timely manner. Subsequent discussions with the appellant have revealed the
concern to be the cumulative effect of the potential for extending the
proposal to other areas.
In this case the city followed WAC 197-11-060(c) (Optional) which states,
"Agencies may wish to analyze "similar actions' in a single environmental
document. Section WAC 197-11-060(c) (i) states, "Proposals are similar if
when viewed with other reasonably foreseeable actions, they have common
aspects that provide a basis for evaluating their environmental
consequences together, such as common timing, types of impacts,
alternative or geography. This section does not require agencies or
applicant to analyze similar actions in a sinqle environmental document or
require applicant to prepare environmental documents on proposals other
than their own. (emphasis added)
The City of Bremerton Comprehensive Plan and adopted Environmental impact
analysis considered and encouraged increased development within the City
of Bremerton. The Housing element anticipates over 7,000 units to be built
through development and re-development of City lots. One method for
redevelopment is filling in additional housing on existing lots. The time
for appeal of this GMA action is long past.
While WAC 197-11-060 (4) (e)does require the range of impact to be analyzed
in an EIS to include "Cumulative impacts" among others, those impacts are
only those directly or indirectly within the City's proposed Shoreline
drive proposal which have been adequately analyzed in the city's review by
the appropriate use of the Checklist format required by the BMC.
Conclusions:
Cumulative impacts were considered for the geographic area as proposed by
the use of the checklist required by the BMC. Other areas are not within
the city proposal and their analysis is specifically not required by WAC
197-11-060(c) (i) . Finally WAC 197-11-680 (D) (vii) provides that the
responsible official decision shall be entitled to substantial weight.
10. IMPACT ON NON-PASSAGE:
Up holding the appeal would stop the consideration of the Zone amendment
for the Shore Drive area and delay several pending building permits
seeking the front yard setback change.
11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
Additional and significant staff time would be involved in processing
individual requests for variances on each individual property and expected
appeals on each one.
12. RESEARCH SOURCES:
SEPA Rules Chapter 197-11 Specifically WAC 197-11-680 Appeals, WAC 197-11-
060 (c) (Optional), WAC 197-11-060 (4) Impacts. See exhibits and the City
of Bremerton Comprehensive Plan, Environmental Impact Statement for the
Comprehensive Plan adoption and specifically the Housing Element.
Date: Thu, Dec 21, 2000 7:41 AM
Subject: Written Order required for Scheyer DNSappeal denial ~ ~.
Clyde,
To complete the record on appeal, B&P needs to prepare a written order for the City Council President's
//~ signature indicating the holding of the hearing, the evidence received and considered (testimony &
documents), and the order denying Scheyer/Miller's appeal. Copies of the order need also to be sent to
the appellants. Notice of the appeal denial may need to be published, please check the BMC.
I am off to an all day hearing today and depart tomorrow at noon for two weeks.
-David
CC: Chris Hugo; City Council; Lee Wyatt
/
BEFORE THE CITY COUNCIL
OF THE CITY OF BREMERTON
In re )
DETERMINATION OF ) Appeal PL00-0057
NONSIGNIFICANCE )
FOR SHORE DRIVE REZONE ) ORDER
FROM SF-3 TO SF-3 SD )
PROJECT NO. PL00-0055 )
The Bremerton City Council, having heard this matter in open session and being
otherwise fully advised, finds, concludes, and orders as follows:
FINDING OF FACT
1. This is an appeal of a Determination of Non-significance (DNS) issued by the City of
Bremerton on October 13, 2000. The Bremerton Municipal Code (BMC) at section
21.02.935 (b) provides authorization for appeal of Type II Administrative decisions. Type
II Administrative decisions are defined at BMC Section 21.02.845 and includes (2) SEPA
Determination. BMC section 21.12.240 provides for the adoption of Washington
Administrative Code 197-11.
2. The referenced Determination of Non-Significance ( DNS ) was issued for the city proposal to
revise the SF-3 Zone street-side setback from 15 feet ( 20 garage) to a blanket 5 feet setback
along a portion of Shoreddve.
3. An appeal of the DNS was filed with the City on October 18, 2000 signed by Paul Scheyer
and Helen Miller. It sought a review of the DNS because of a: "Failure to evaluate the
cumulative impact of additional requests for similar actions in Bremerton" and indicated the
relief requested was that an EIS would be required. No other information was submitted with
the written appeal.
4. The Determination of Non-significance was issued based upon a completed Environmental
Checklist in the format required by the WAC 197-11-960 prepared as noted on its face page
section A4 on October 5, 2000. The Date of Signature section C indicates it was signed
October 18, 2000.
5. Notice of the appeal hearing was published November 8, 2000, and posted, and mailed
November 3, 2000. The hearing was originally scheduled for November 15, 2000. Then
Rescheduled for December 20, 2000. Notice of the rescheduled hearing was published
December 2, 2000.
6. At hearing city staff prepared and presented a staff report in the format required by the city
council. The report was hand delivered to the appellant prior to the heating. The staff report
included a summary statement, the DNS, the Proposed Zoning map, the SEPA checklist, the
petitions of property owners requesting the change, and the applicants appeal.
7. The staff summary statement reviewed the requirements for all Environmental review as set
forth in WAC 197-11-060 as the applicable criteria for review and specifically WAC 197-11-
060 section( c ) (optional) which authorizes jurisdictions to analyze impacts of similar
actions that have common aspects such as "geography." And that further states, "this section
does not require agencies or applicants to analyze similar actions in a single environmental
document or require applicant to prepare environmental documents on proposals other then
their own."
8. Additional information provided pertaining to the number of lots developed in the Shoredrive
geographical area indicated that most of the lots were developed before existing zoning as
shown on a photo from 1978. Staffalso indicated that it had reviewed the county assessors
information during its preparation of the Check list. Assessors review indicated that about 55
lots are in the area and that of those, 44 have houses and garages. A site inspection by staff
indicated that most of these would not meet current setbacks. Two houses appear to meet the
current setbacks. Only about 6 lots are vacant on which new structures may be proposed. The
checklist impacts analyzed included potential additions on the existing houses, new houses
on the vacant lots as well as reconstruction of new houses under the revised standard
according to the requirements for permitting and environmental checklist review.
9. Also considered in the staff report, as well as required for review in all environmental reviews
is other information that may be available to the appropriate official. The staff report identifies
that the City ofBremerton Comprehe~tsive plan and its Environmental Impact Analysis
considered the impact of redevelopment within the city and identifies its preferred strategy for
redevelopment and infill of 7000 city lots in order to provide for anticipated growth of 20,000
additional persons in the twenty year plan (1995-2015). Future individual site plan and
building plans will also provide for additional on- site review impact analysis.
10. At hearing the appellants were repeatedly requested to provide any substantiating
information as to the environmental impact within the geographical area that were not
considered by the use of the checklist. Appellants raised procedural issues including the timing
of the checklist signature and date of the DNS, storm drainage and safety as concerns but
without any supporting documentation.
11. The Checklist Section A4 indicates that it was prepared on October 5 prior to the DNS
Publication on October 13, 2000. Staff indicated that normally the final review is completed
after publication when signed on October 18, 2000 to allow for inclusion of public comments
if any.
12. Storm drainage was a part of the checklist. Legal staff'advised that safety issues have to do
with the ordinance adoption, rather than the adequacy of the analysis of the environment and
that the ordinance is not the subject of this appeal.
Conclusions
1. Staff accomplished the Checklist on October 5, 2000 prior to the Determination of Non-
Significance such that the review was done in a timely manner.
2. The DNS and Checklist review relevant environmental concerns as required under WAC
197-11 for the staff proposal and is not required to review other areas as requested by
appellant as per 197-11-060 section( c ).
3. The appropriate official has reviewed the impacts in relationship to the Requirements of WAC
197-11 as required by the Bremerton Municipal Code, the City Comprehensive Plan,
Environmental Impact Statement and existing city mitigating process including building
permits and shoreline requirements.
4. WAC 197-11-680 (d) (viii) provides that the responsible official's decision shall be entitled to
substantial weight. Appellants have provided only their opinions without substantiated
evidence of any kind that environmental impacts will be significant.
And the City Council having fully considered this matter,
NOW THERFORE, it is ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
Action by the City of Bremerton Building and Planning Department Director is AFFIRMED
Appellants request for review of the Determination of Non-Significance Appeal PL00-0057
is DENIED.
Dated this 20 day of December.
BREMERTON CITY COUNCIL
Carol Arends, Council President
Attest
City Clerk
Approved as to form
City Attorney
DNS appeal order PL00-0057.Doc
CITY OF BREMERTON
DEPARTMENT OF BUILDING & PLANNING
DETERMINATION OF NONSIGNIFICANCE
Description of Proposal: Zoning Map Amendment to create Zoning District "SF-3-SD," for
current shoreline single-unit residential lots along Shore Drive, that would allow a minimum
five feet front yard setback (street side) for structures.
Proponent: City of Bremerton
Proiect Number: PL00-0055
Location of Proposal: Primarily shore lot portions of Shore Drive, Bremerton, WA
Lead Agency: City of Bremerton Department of Building & Planning
The lead agency for this proposal has determined that it does not have a probable
significant adverse impact on the environment. An environmental impact statement
(ETS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request.
This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this
proposal for at least 14 days from the date below.
Comments must be submitted by: 5:00 p.m., October 31, 2000.
Responsible Official: Clyde Stricklin
Position/Title: Land Use Official
Phone: (360) 478-5275
Address: 286 Fourth Street, Bremerton WA 98337
Date: ~ ~2/~ -~~d Signature
You may appeal this determination to: Bremerton City Council No later than: October $'!, 2000.
You should be prepared to make specific factual objections.
Contact: James Coombes to read or ask about the procedures for SEPA
appeals. Phone: (360) 478-5845
WAC 197-11-970 DNS SEPA PL00-0055
Shore Drive SF-3-SD Zone.doc 10/13/00 (~
WAC 197-11-960 Environmental checklist.
ENVIRONMENTAL CHECKLIST
Purpose of checklist:
The State Environmental PoLicy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the
environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all
proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide
information to help you and the agency identify impacts fi:om your proposal (and to reduce or avoid impacts fi:om the proposal, if it
can be done) and to help the agency decide whether an EIS is required.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use
this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS.
Answer the questions briefly, with the most precise information known, or ~ve the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able
to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the
answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete ansxvers to the
questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Ans~ver these
questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different
parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to
which you submat this checklist may ask you to explain your answers or provide additional information reasonably related to
deterraining if there may be significant adverse impact.
Use of checklist fbr nonproject proposals:
Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." ~4 XDDr~0N.
complete the SUPPLEMENT.~L SHEET FOR NONPROJECT ACTIONS (part D).
For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be
read as "proposal," "proposer," and "affected geographic area," respectively.
A. BACKGROUND
t. Name of proposed project, if applicable: Proposed Ordinance Amendment - SF - 3SD
2. Name of applicant: City of Bremerton Building and Planning Department
3. Address and phone number of applicant and contact person:
286 4th St. Contact: William Palmer
Bremert°n, Wa 98337 (360) 478-5243
4. Date checklist prepared: October 5, 2000
5. Agency requesting checklist: City of Bremerton Building and Planning Department
6. Proposed timing or schedule (including phasing, if applicable): City will adopt the proposed ordinance and amend
the zoning ordinance and official map within three months.
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes.
explain.
No
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal.
NA
9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property
covered by your proposal? If yes, explain.
An application for a special exception is pending which would modify the fi'ont yard setback requirement
similar to what is, would be allowable with the proposed code and map amendment.
10. List any government approvals or permits that will be needed tbr your proposal, if known.
Approval of the proposed ordinance is required by the city council.
! 1. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are
several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those
answers on this page. (Lead agencies may modify this form to include additional specific information on project description.)
Proposal would allow a reduction in the front yard setback along Shore Drive. Proposal is to create a "Single
Family Residential" SF-3SD zone and concurrently amend the city's official zoning map to establish the zone
in the Shore Drive area of Bremerton.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project,
including a street address, if any, and section, township, and range, ffknown. Ifa proposal would occur over a range of area, provide
the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably
available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans
~ubmitted with any permit applications related to this checklist.
Properties affected by the proposed SF-3-SD rezone are located on Shore Drive south of East 9th and
East 11~ and east of Pitt and Trenton Avenues - most of the properties abutt Port Washington Narrows.
B. ENVII~ONMENTAL ELEMENTS
',.. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous,
other ......
b. What is the steepest slope on the site (approx/mate percent slope)? NA for rezone.
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
c. What general types of soils are found on the Site (for example, clay, sand, gravel peat,
muck)? If you know the classification of agricultural soils, specify them and note any prime
farmland.
NA for Rezone
d. Are there surface indications or history of unstable soils in the immediate vicimty? If so,
describe.
NA for Rezone
e. Describe the purpose, type, and approximate quantifies of any filling or grading proposed.
Indicate source of fill.
NA for Rezone
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
NA for Rezone
g. About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
NA for Rezone
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
NA for Rezone
a. Air
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile,
odors, industrial wood smoke) during construction and when the project is completed? If
any, generally describe and give approximate quantities if known.
NA
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so,
generally describe.
There are a few vehicles a day which use Shore Drive and these produce exhaust.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
None proposed or required for the proposed above.
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
3. Water
a. Surface:
1) Is there any surface water body on or m the immediate vicinity of the site (including
year-round and seasonal sn:eams, saltwater, lakes, ponds, wetlands)? If yes, describe type
and provide names. If appropriate, state what stream or river it flows into.
Yes - Port Washington Narrows a tributary to Puget Sound abuts the site.
2) Will the project require any work over, m, or adjacent to (within 200 feet) the described
waters? If yes, please describe and attach available plans.
NO
3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill material.
NA
4) Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities if known.
NA
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
NO
6) Does the proposal involve any discharges of waste materials to surface waters'? If so,
describe the type of waste and anticipated volume of discharge.
NA
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to ground water? Give
general description, purpose, and approximate quantities if known.
The lots and existing homes affected by the rezone are served with public water and sewer.
2) Describe waste material that will be discharged into the ground from septic tanks or
other sources, If any (for example: Domestic sewage; industrial, containing the
following chemicals...; agricultural; etc.). Describe the general size of the system, the
number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the
system(s) are expected to serve.
NONE
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
c. Water nmoff(including stormwater):
I) Describe the source ofrunoff(inclucling storm water) and method of collection and disposal, if any (include
quantifies, if known). Where will this water flow? Will this water flow into other waters? If so, descn'be.
Storm sewers available to collect storm water proposed actions will not affect storm water runoff.
2) Could waste materials enter ground or surface waters? If so, generally describe.
NO
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
None are proposed or required by the proposed rezone.
4. Plants
a. Check or circle types of vegetation found on the site:
.-XX2JCXX deciduous tree: alder, maple, aspen, other
-- evergreen tree: fir, cedar, pine, other
~'XXXX shrubs
XLX3CXX grass
-- pasture
~- crop or grain
-- wet soft plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, rnilfofl, other
-- other types of vegetation
b. What ldnd and amount of vegetation will be removed or altered?
NONE
c. List threatened or endangered species known to be on or near the site.
None are evident on or near the site. Some species of salmon are listed as threatened. The proposed rezone
action will not affect any habitat of any species of salmon - it is a built up area.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
NOT APPLICABLE
5. Animals
a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site:
birds: hawk, heron, eagle,~other:
mammals: deer, bear, elk, beaver, other:
fisl~: bass,~out, herrmg~ther:
b. List any threatened or endangered species known to be on or near the site.
See comment for 4c above.
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
C. IS the site part of a migration route? Lfso, explain.
NO
d. Proposed measures to preserve or enhance wildlife, if any:
None of the propose or warranted by the proposed rezone action.
6. Energy and natural resources
a. What lcmds of energy (elec~c, natural gas, oil, wood stove, solar) will be used to meet
the completed project's energy needs? Describe whether it will be used for heating,
manufacturing, etc.
Each of the several homes (approx. 47) are already served with gas, electric and in some cases wood stove
fuel for heating and electricity for lighting.
b. Would your project affect the potential use of solar energy by adjacent properties?
If so, generally describe.
NO
c. What kinds of energy conservation features axe included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
Not Applicable
7. Environmental health
a..Axe there any environmental health hazards, including exposure to tordc chemicals, risk
of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal?
If so, describe.
NO
1) Describe special emergency services that might be required.
No special emergency services are required for the rezone or eventual development which might occur in
conformance to the rezone.
2) Proposed measures to reduce or control env/ronmental health hazards, if anY:
None are proposed or warranted by the proposed rezone action.
b. Noise
I) What types of noise ex/st in the area wh/ch may affect your project (for example:
traffic, equipment, operation, other)?
Noise normally associated with residential living.
2) What types and levels of noise would be created by or associated with the project on a
short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi-
cate what hours noise would come from the site.
Noise normally associated with residential living.
TO BE COMPLETED BY APPLICANT EYALUAT1ON FOR
AGENCY USE ONLY
3) Proposed measures to reduce or control noise impacts, if any:
None are proposed or warranted by the proposed rezone.
8. Land and shoreline use
a. What is the current use of the site and adjacent properties?
Single family residential
b. Has the site been used for agriculture? If so, describe.
NO
c. Describe any structures on the site.
There are approximately 47 houses w/garages and carports with in the rezone area.
d. Will any structures be demolished? If so, what? NO
e. What is the current zoning classification of the site?
SF-3
f. What is the current comprehensive plan designation of the site?
Low Density Residential
g. If applicable, what is the current shoreline master program designation of the site?
Residential
h. Has any pan of the site been classified as an "environmentally sensitive" area? If so, specify.
NO
i. Approximately how many people would reside or work in the completed project?
NA
j. Approximately how many people would the completed project dmplace?
NA
k. Proposed measures to avoid or reduce displacement impacts, if any:
NA
TO BE COMPLETED BY APPLICANT EVALUATION FOIl.
AGENCY USE ONLY
1. Proposed measures to ensure the proposal is compatible w/th existing and projected land
uses and plans, if any: Proposed rezone changes only a setback requirement in the front yard. The new zone
is the same as the existing zone in all other respects.
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing.
NA
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing.
NONE
c. Proposed measures to reduce or conlxol housing impacts, if any:
None are proposed or warranted by the proposed rezone.
I0. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed?
Approximately 30 feet
b. What views in the immediate vicinity would be altered or obstructed?
Views of the water are restricted by the presence of the houses already situated along Shore--Drive. The
proposal will not change existing site development conditions.
c. Proposed measures to reduce or control aesthetic impacts, if any:
NA
11. Light and glare
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
NA
b. Could light or glare fi-om the finished project be a safety hazard or interfere with views?
NO
c. What existing off-site sources of light or glare may affect your proposal?
There is existing light and glare fi:om the residences located along Shore Drive and from vehicles using the
street.
d. Proposed measures to reduce or control light and glare impacts, if any:
None are proposed or warranted by the proposed rezone action.
TO BE COMPLETED BY APPLICANT EVALUATION FO R
AGENCY USE ONLY
12. Recreation
a. What designated and informal recreational opporumifies are in the Lmmediate vicinity?
There are two small parks within the proposed rezone area. Also, Port Washington Narrows
provides recreational opportunities for boaters, fishermen and beach walking.
b. Would the proposed project displace any existing recreational uses? If so, describe. NO
c. Proposed measures to reduce or control impacts on recreation, including recreation oppommities to be provided by the
project or applicant, il'any:
None are proposed or warranted by the proposed rezone. -
13. Historic and cultural preservation
a. Are there any places or objects listed on, or proposed for, national, state, or local preservahon registers known to be on
or next to the site? If so, generally describe.
NO
b. Generally describe any landmarks or evidence ofkistoric, archaeological, scientific, or
cultural importance known to be on or next to the site.
None have been found on the rezone site or are in the immediate vicinity.
c. Proposed measures to reduce or control impacts, if any:
None are proposed or wan-anted by the proposed rezone.
14. Transportation
a. Identify public streets and highways serving the site, and describe proposed access to the
existing street system. Show on site plans, if any.
Shore Drive
b. Is site currently served by public transit? If not, what is the approximate distance to the
nearest transit stop?
There are transit services on Trenton Avenue.
c. How many parking spaces would the completed project have? How many would the project eliminate?
The proposed rezones would not change the parking requirements for the area.
d. Will the proposal require any new roads or streets, or improvements to existing roads or
streets, not including driveways? If so, generally describe (indicate whether public or
private).
NO
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
e. Will the project use (or occur m the immediate vicinity of) water, rail, or air transporta-
tion? If so, generally describe.
Yes - Port Washington Narrows is approximately 60 - 70 to the south ~and south east of the
rezone oz'ea.
How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes
would occur.
NA
g. Proposed measures to reduce or control transportation impacts, if any: None are proposed or warranted by the proposed rezone.
15. Public services
a. Would the project result m an increased need for public services (for example: fixe pro-
tection, police protection, health care, schools, other)? If so, generally describe.
NA
b. Proposed measures to reduce or control direct impacts on public semces, if any.
Shore Drive is already impacted by the existing nonconforming homes and accessory buildings found
along Lower Shore Drive. There would be no change as a result of the proposed rezone.
16. Utilities
a. Circle utilities currently available at the site: e~'-~ci~a~
b. Describe the utilities that are proposed for the project, the utility providing the service,
and the general construction activities on the site or m the immediate vicinity which might
be needed.
None are proposed
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. [ understand that the lead
agency is relying on ~hem to make its decision. .~
Signature: .............. ~T. ................. ~...-~'.. ........................................
Date Submitted:
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
D. SUPPLEMENTAL SHEET FOP, NONPROJECT ACTIONS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read them m conjunction
with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of
activities likely to result from the proposal, would affect the item at a greater intensity or
at a faster rate than if the proposal were not in~lemented. Respond briefly and in general
1. How would the proposal be likely to increase discharge to water; emissions to air; pro-
duction, storage, or release of toxic or hazardous substances; or production of noise?
No. The proposed rezone is essentially the same as the existing SF-3 zone. _The only change in the new
zone is to reduce the front yard setback which reflects existing development conditions.
Proposed measures to avoid or reduce such increases are: Not Applicable
2. How would the proposal be likely to affect plants, animals, fish, or rnarme life?
No, the reduced setback affects the relationship of the houses and accessory structures to the street and not
to the water front.
Proposed measures to protect or conserve plants, animals, fish, or manne life are:
None are proposed or warranted by the proposed rezone action
3. Ho~v would the proposal be likely to deplete energy or natural resources?
No - see commnet for D-1 above.
Proposed measures to protect or conserve energy and natural resources are:
None are required or are wan'anted by the proposed rezone action.
4. How would the proposal be likely to use or affect environmentally sensitive areas or
areas designated (or eligible or under study) for governmental protection; such as parks,
wilderness, wild and scenic rivers, threatened or endangered species habitat, h/storic or
cultural sites, wetlands, floodplains, or prime farmlands?
The proposed rezone or resulting development or site redevelopment which takes advantage of the reduced
setback fi.om Shore Drive will not affect an environmentally sensitive area.
Proposed measures to protect such resources or to avoid or reduce impacts are:
None are proposed or warranted by the proposed rezone.
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
5. How would the proposal be likely to affect land and shoreline use, including whether it
would allow or encourage land or shoreline uses incompatible with existing plans?
The proposed would have the affect of giving property owners more room and more setback area from the
shoreline.
Proposed measures to avoid or reduce shoreline and land use impacts are:
The proposed rezone is a mitigate measure to minimize future setback encroachments into the
required "front yard" adjacent to the shoreline.
6. How would the proposal be likely to increase demands on transportation or public
services and utilities.'?
No change is existing conditions is expected.
Proposed measures to reduce or respond to such demand(s) are:
None are proposed or warranted by the proposed rezone.
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the
protection of the environment.
No conflicts have been identified with other local ordinances, state or federal laws which would protect
environment.
Memorandum 2 s
BREMERTON
BUILDING DEPARTMENT
I~" ~ ~,~. '
To: Bill Palmer, Inte~m Director
Department of Community Development, City of Bremerton
From: ~eside~ts of (lowe0 Sho~e Drive
Date: ~/26/00
Fie: Front yard setbacks along (lower) Shore Drive _
Due to lot size limitations of waterfront properties along Shore Drive, we the residents of
(lower) Shore Drive, request that you amend the City of Bremerton Zoning Ordinance and
the Bremerton Municipal Code to reduce the front yard setback requirements from the
current 15' (for residential buildings) and 20' (for garages) to a combined 5' for both.
This reduction in setback would pertain to the one way portion of (lower) Shore Drive
beginning at the intersection of East l0'h Street to Trenton Avenue continuing along the t~vo
way portion of Shore Drive until the street ends to the North.
Listed below are names of residents along (lower) Shore Drive in support of this initiative:
Name Address
Memorandum
BREMERTON
BUILDING DEPARTMENT
To: Bill Palmer, Interim Director
Department of Community Development, City of Bremerton
From: Residents of (lower) Shore Drive
Date: 6/26/00
Fie: Front yard setbacks along (lower) Shore Drive
Due to lot size limitations of waterfront properties along Shore Drive, we the residents of
(lower) Shore Drive, request that you amend the City of Bremerton Zoning Ordinance and
the Bremerton Municipal Code to reduce the front yard setback requirements from the
current 15' (for residential buildings) and 20' (for garages) to a combined 5' for both.
This reduction in setback would pertain to the one way portion of (lower) Shore Drive
beginning at the intersection of East l0Th Street to Trenton Avenue continuing along the txvo
way portion of Shore Drive until the street ends to the North.
Listed below are names of residents along (lower) Shore Drive in support of this initiative:
Name Address
ri .'~/~ //ri '4
Memorandum JU~ 9, 7 ZUt:i
BREMERTON
BUILDING DEPARTMENT
To: Bill Palmer, Interim Director
Department °f C°mmunity Devel°pment' City °t' BremertR ~ ~ .:[~ ~ ~7 .~ ~,~'ji
From: Residents of (lower) Shore Drive
Date: 6/26/00 JUN 2 ~ ~idU[;
Re: Front yard setbacks along (lower) Shore Drive BREMERTON
BUILDING DEPART~,~ENT
Due to lot size limitations of waterfront prope~ies along Shore Drive, we the residents of
(lower) Shore Drive, request that you amend the City of Bremerton Zoning Ordinance and
the Bremerton Municipal Code to reduce the ~ont yard setback requirements from the
cu~ent 15' (for residential buildings) and 20' (for garages) to a combined 5' for both.
~is reduction in setback would pe~ain to the one way potion of (lower) Shore Drive
be~ing at the intersection of East 10'~ Street to Trenton Avenue continuing along the ~o
way portion of Shore Dhve until the street ends to the No~h.
Listed below are names of residents along (lower) Shore Drive in support of this i~tiative:
Name Address
/'~ ' I~, - --
Memorandum
JUN
BREMERTON
To: Bill _Palmer, Interim Director BUILBING DEPARTMENT
Department of Community Development, City of Bremerton
From: :Residents of (lower) Shore Drive
Date: 6/24/00
Re: Front yard setbacks along (lower) Shore Drive
Due to lot size limitations of waterfront properties along Shore Drive, we the residents of
(lower) Shore Drive, request that you amend the City of Bremerton Zoning Ordinance and
the Bremerton Municipal Code to reduce the front yard setback requirements from the
current 15' (for residential buildings) and 20' (for garages) to a combined 5' for both.
This reduction in setback would pertain to the one way portion of (lower) Shore Drive
beginning at the intersection of East 10'" Street to Trenton Avenue continuing along the two
way portion of Shore Drive until the street ends to the North.
Listed below are names of residents along (lower) Shore Drive in support of this initiative:
Name Address
" '/ ' '...-~"-zf'~_ _ . _ .~ '
Io%
PE IT CENTER
BREMERTON zs~ Fou~h Street, B~me~on WA ~S337
BUILDING DEPARTMENT Phone: (3~0~7S-~275 F~: (360)47S-SZ7S
Cz]
Request for Review of Decision of Director, TfPE
Planning Commission or to Appeal a Cease & Desist Order
Code Section ~~t~ Z. I o O Z .. ~ FY
Reference:
Zoning
~our nme) /
¢our mailing adbess) /
(Telephone Number)
Plebe pro,de a concise s~tement of~e specific fining(s) or conclusion(s) to be reviewed, tog~er
wi~ material facts clmmed to suppo~ your contemions. Use additional paper ifnecess~.
Ple~e provide a brief statement of ae relief sou~t ~d ~e repons why ~e decisio~action should be
reversed, modified or rem~ded. Use ad~tional pages ifnecessa~.
Fee: Review to Ci.ty Council - $170.00
Review to Planning Commission - $120.00 (Only applicable to a Cease & Desist Order Appeal)
Reviews will be scheduled to be heard before the Bremerton City Council as soon as possible, allowing
for adequate preparation and notice. You xvill receive written notification of the Council hearing date
mailed to your address given above. The Ci.ty Council decision is the final legislative decision.
Last printed 12/01/99 2:22 PMC:LMy Documents~ormCApplicafionsLRequest for Review of Decision of
Director. doc
City Of Bremerton
Notice of Appeal / Public Hearing
Appellant: Paul Scheyer / Hellen Miller
2111 Madrona Point Drive, P.O. Box 788
Bremerton, WA 98337
Applicant: city of Bremerton
Nature of Application Subject To Appeal:
Determination of Non-Significance for the proposed
rezone along Shore Drive from SF-3 TO SF-3 SD
Location: Shore Drive in the Manette area of Bremerton
Proposal and Action: The appeal filed by Paul Scheyer and Helen Miller
cites the failure of the State Environmental Policy
Act (SEPA) Responsible Official "to evaluate the
cumulative impact of additional requests for similar
action in Bremerton." The appellant's remedy is for
the SEPA Official to require an Environmental
Impact Statement be prepared prior to a decision
being made by the City of Bremer~on on the rezone.
File No: Pc 00 -0055
Public Hearing and Submittal of Comments:
The City ~ Breanetton has rzce, ived the above appcal as drscribed in this NOTICE and has scheduled a
public lmmag to be held by thc City Council on Wednesday, November !.5, 20O0. The matter 'has been
scheduled 9.n th~ City Council's Public Hearing Agenda, which begins at 6:00 P.M. in the City Council's
Public Hearing Room located at 239 Fourth Street. All interested pea'sons may appear and provide
testimony on the above referenced appeal. Thc City Council will receive written comments and other
exhibits on the above referenced appeal up to 4:30 P.M. on thc day of the Public Hearing. Written
comm~l'~ a~l other exhibit~ may aim be submilled to the City Council prior to the clone of the Public
Hearing. Cop~cs of thc appeal, slaff rq~orts a~d cop~s of ~ maKe=Is ~n be obtained from the
Building and Planning ~ which is located at 286 Fourth Stma. Please direct any questions,
conunents or reque~ for additional information to Bill Palmer at the Building and Planning Department or
by phone at (360) 478-5275.
Date of Posting:
Deadline for Comment: ~~~oo/
;i:r t.:i~--. ~'
.,,r~ ~ ' I ALKING PAPER
2{[.J~'~;.Pi1BER~01)'0~.~, ,, crrY COUNCIL MEETING - PUBLIC' CO.N/EMENT PERIOD
, :" ...... -~" SUBJECT: CITY PROPOSED REZONE OF A PORTION OF SHORE DRIVE
T~ GOXiERN~'G ~GL~ATIONS ~QL~. THAT TI~ CITY .&X,.~ND T~ BSS,,~ BEFO~
ATTE5,'fl~T~G T~S ~ZO~ ACTION. We have been told that tiffs is just a S5..I.~L change ((BSMP ha~
to be atnended i~ accordance ,.,~lt the Department of Ecologl, rule\, ~' contained in the RCH.:'s and I.~5-t
and in the BS3,IP)) ~I,g ~ZONE IS I~7~IN' THE 200 FEET OF ~E SHO~LI:~< W~ICH
CONTROLLED BY ~E B&~IP. TO C~4NGE ~E BSMP (Chapt 3 - 26, Table 3-2) ~QUI~S AN
A~tlEND2ItENZ ~tus the required proce~res hm,e not been fo~owed for th~, or SE24. O'70LA ~ON OF
SE~4 PROCES, g It'24C 197-10 ~IS ~ZOz~ ~zOULD C~A~ A P~CIDEz~T FORA 5 FOOT
SETBAK FOR ALL ,gHO~LINE A~AS IN B~MERTON- NO EE41. L54 ~ON O.F CU3~.rL4
I~IlPA CT ~4S BEEN C02VD UCTED.
THE SEPA DNS WAS SUBMITTED TO ECOLOGY ON 13 OCT, 2000 ~Pz~ENTLY ~ITHOUT
THE E~r~O~ENTAL CHECKLIST. THE CHECKLIST SHOWED L~ IN DCD FILES, DATED
18 OCTOBER --- ~,~ICH WAS, COINCIDENTALLY THE S~ME DAY THE .~PEAL WAS FILED,
AT B'~ICH TIME T~RE WAS NO CHECKLIST IN THE FILES. (those DCD~es agt~n O.
THERE IS A NEED TO FOLLOW TYPE II DECISION REQ/~RES~NTS - FI~INGS OF[~CT
~&~ CONCLUSIONS ~&VE NOT BEEN DONE (BMC 21.02.845)..~DITIONALLY T~
REQU~D 'CRITICAL L~ ~EA O~INMNCE REVIEW' ~ THE 'STORM WATER
O~IN~&NCE REVIEW' ~&VE NOT BEEN ACCOS~LISHED. CREATI~NG MORE
IS~E~IE.~LE S[~FACES BY T~ ENACTMENT OF T~S PROPOSED REZONE WOULD BE
PERIOUSLY CLOSE TO SERIOS VIOLATION OF DEP.~TMENT OF ECOLOGY'
REGULATIONS.
~E PE~ON Iz~ ~E COUNCIL ME~IBE~ / PUBLIC LSrFO~I~4 ~ON ~4 CKE~ IS FROM A
F.~ED ATTE.5/~T TO PUSH ~OUGH AN "OVE~AYZO~" TO ACCOk,~LISH TI~, S.~.
SETBACK AS T~S ~ZO~. ~XT A "SPECL~ EXCEP~ON PE~,flT" WAS AT~5,~TED BY DCD
- Xt,~CH ~SO F~ED. ~IT~R OF T~SE ATTEN~TS k,~T T~ I.EG~ C~E~A.
NOW, N~. P,~k,,~R A~ ~,~. ST~C~ .~ ATTEN~T~G TO G~T A V.~.I.&NCE,
DISGUISED AS THIS REZONE. ~k~ E SO5/~ SL~PORT~'E DOCUZ,ffiNTS, ~- T~. FO~M OF AN
OLD, L~LATED PETITION - HAS M,~E IT ~TO T~ P~SNTATION TON2GHT - ~k~_E
OF T~ LEG~LY SL~N'~TED CON'~,~NTS (EV~ENCE) BOTH Xk~TTEN AN~ VE~,~. -
,~PE~ TO HAVE BEEN !GNO~D OR DELETED FROM TO~GHT's P~SENTATION BY DCD.
T}~S OF COL~SE IS ~FFECT B,'~SHA~L~G OF EV~ENCE A~ A VIOLATION OF DL~
PROCESS - AN~ MOST DEF~TELY A DEP~X~'G OF T~ CITY COL~C~ k,~,~ERS OF TI~
FLZL AN~ B,~TI.M. FACTS - AN ~SL~T TO T~ COL~C~5~k,~ERS ~TEG~TY.
THIS IS A REQUEST THAT THE REZONE BE DENIF~D - THIS RUSH TO JL-DGEMENT WITHOUT
SL~FICIENT BACKGROL~rD INFORxMATIC)N HAV~G BEEN PROVIDED THE COL~CIL
MEMEBERS WOULD HAVE LONG LASTING CONSEQLTENCES FOR THE. ENTI]~. CITY.
Sh~c. elerb; sub~rdtted HELEN MLLLER BREMERTON P,~O. BOX 788 ~ (~'
. r"i~,{ ~ :* ~' TALKING P.4a:'ER
~ ~~B~r-~000 CITX COUNCIL MEETING - PUBLIC COS,[5~IENT PERIOD
· x T
SLBJECT: CITY PROPOSED REZONE OF A PORTION OF SHORE DRIVE
BEFO~ I BEG~ N~' COS~NTS ON SHO~ D~,~E, I WOULD LIKE TO ~.[&KE
OBSERVATION OF B~MERTON INTERNAL OPERATIONS:
1. THE FILES ACCL~IULATED BY DCD CONCEDING L.&N~ USE .&N~ OTHER ISSUES
PUBLIC DATA A~ ~ TO BE ACCESS~LE TO TI~ PL~LIC L~ON X~TTEN ~PLK ATI.~
T~S IS SPECkeD ~ T~ PL~LIC ~CO~S ACT.
2. THESE FILES, TOGETHER WITH THE AL~IO T.~ES RECO~ING COUNCIL
PLANNING CO~ISSION MEETINGS .~E THE OFFICIAL RECO~S SUBST~'TIATING
CITY ACTIONS; AN~ ,~ ITEMS OF EVIDENCE USED TO SL~STANTIATE AN~ ~-C~ATE
T~ ACTIONS AN~ DECISIONS OF T~ CITY - ~ A COL~T OF LAW.
3. T~ MAYOR, T~ CO5.~,,ffSSION AN~ T~ COU~C~ HAVE LC)NO BEEN M.~E AW~ THAT
THE A[~IO T.~ES, AS THE ONLY OFFICIAL RECO~S OF T~. COUNCIL .~
COS~/IISSION MEETINGS ~E LACKING IN SEVE~kL IS,~ORT.&N7 RESPECTS - PE~.~S
T~ MOST ~,~ORTANT OF X~CH HAS BEEN T~ Ok/fiSSION OF ~E~X~G .~L T~
X~TTEN CO~NTS S~5/HTTED TO T~SE CITY BODES ~G~G TE~ MATTERS
BEFO~ '~M; A~ NOT VEnalLY ~ENT~G EV~ENCE AN~ EX,ITS P~SENTED
T~ COL~SE OF T~ ~.~'GS..
4. T~ MAYOR A~ T~ DCD HAVE LONG BEEN M~E AW.~ THAT THE DCD FILES ,~E
INFERIO~ I~ROPER, z~ ~,~S~N~LED. ~E~OR A~ ~ROPER ~ THAT
AL~~ITY HAS BEEN COk/~RONffSED BY T~ LACK OF PROCESS A~
SIGNATL~S, NON ~E~ICATION OF O~G~ATOR OR DATES ON MA~~ OF T~
DOCL~/~NTS; A~ A NON E)GSTENT CONTROL Xk,~CH IGNO~S T~ S2,~LEST F~E
M.~TENANCE A~ CONSOL PROCEDL~S SUCH AS LOGG~G ITEMS AN~ F~ES ~ OR OUT
OF T~ FOLDER OR SIGN OUT S~ETS FOR T~ FOLDERS T~MSELVES. AG.~, PROB~LY
T~ MOST SEROUS k,,ffSH.A~L~G HAS BEEN T~ DIS2~PE.~CE ,&~ SELDEN
.~PE~CE OF CRITICAL, DOCL~ENTS FROM / IN T~ FILES. THIS ~kS ~PENED
SEVEraL TIMES IN THE PAST MONTH, ~ IS BEING CONSIDERED FOR PROSECUTION
UN~ER THE MISDEME.~NOR C~GE OF T~.~ERING WITH EVIDENCE.
PE~S T~ STATUS OF TI~.SE F~ES CAN BEST BE ILLUSTraTED BY A RECENT
INCIDENT: DCD's ~,'~. ST~C~' WAS L~L~LE TO F~ A~' DOCL~NTATION ~* T~ F2,ES
X~CH WOL~D PROVE THAT TWO PETITIONERS H.~ "STAN~G" ~ T~ ISSL~ BE~-G
.~PE,~ED AN~ T~BY DISS, flSSED Tt~ ,~PLICATION FOR A ~~G BEFO~ T~
PLANinG CON,~,ffSSION. aBOUT A Xt,~EK LATER X~%~.N k'~. ST~C~' ~O~X,~D T~
- (
PETITIONERS OF ~S DECISION T~ PETITIONERS ENTE~D T~ DCD ~ES SO )N
L~ER T~ AUTHO~TY OF T~ PL~LIC ~CO~S ACT. AN~) MANAGED TO F~
NIA,IEROUS DOCL~,~NTS DET,~G T~ P~ 3R ~X OLX, N~NT ~- T~ MATTER TO BE
.~PE.~ED. ,~N~ P~SN~TED SO~.~ OF T~M TO T~ CITY ATTORNEY. ((L~FOR~?~X~4 TE~
~E~ ~4S BEEN NO ~JIEDI.4 ~ON OR ~A C~ON OR O~ER T4NGIBLE ~S[T ~ OF ~4 T
DISCLOSU~ TO DATE)) POOR POOR FILES ~1,~EN A SENIOR CITY E~.~LOYEE IS UNABLE
TO LOCATE INFO~L&TION~
Wt;:~e'hndersi~ed, oppose ~e proposed variance allo~ng building within five feet of
. t~ad on~Sho~e Drive. We believe it ~11 have a negmive impact on ~ique qualiW of
,..~ffnei~hborhood ~d presents a potential h~ard to the many pedestrians who utilize
' ~. ~h[ road. We also strongly protest the lack of co~unicmion to the public regarding this
~ ' action and the poor timing of this proposed decision.
10.