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HomeMy WebLinkAbout06/25/03 AGENDA FILE 239 4Ih Street ,, Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360} 478-5251 CITY COUNCIL MEETING AGENDA JUNE 25, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - May 28, 2003 (#AB03~113) B. Washington Traffic Safety Commission grant application and agreement for the Bremerton-Kitsap County Traffic Safety Task Force Project Contract (#AB03-114) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Agreement between the UNITED STATES GOLF ASSOCIATION (U.S.G.A.) and the CITY OF BREMERTON for 81st Annual U.S. Public Links Championship in 2006 (#AB03-115) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Resolution No. 2894, recovering fees for securing fire-damaged building at 2331 Wheaton Way (#AB03-116) B. Ordinance No. 4858 [Second Reading] regarding Zoning Text Amendment to Bremerton Municipal Code 21.02 Figure 152(b) Footnote relating to Building Height within the Downtown Zone (#AB03-110) C. Ordinance [First Reading] relating to Regulatory Licenses and Fees (#AB03-117) D. Ordinance [First Reading] adding a new section to Chapter 21.02 of the Bremerton Municipal Code, providing standards for the siting of Wireless Telecommunications Facilities (#AB03-118) E. Ordinance [First Reading] amending Chapter 21.02 of the Bremerton Municipal Code, relating to the regulation of Off-Premises Signs (#AB03-119) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us DATE SUBMITTED: June 18, 2003 BILL #_ 03 AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A May 28, 2003 COUNCIL MEETING Date: June 25, 2003 Department: City Council Presenter: Carol Mends Phone: (360) 478-5280 SUMMARY: Attached are the minutes for the Council Meeting held May 28, 2003. ATTACHMENTS: Minues for May 28, 2003 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA [] COUNCIL PRESiDENT: RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 1 TAPES #1895 & #1896 CITY COUNCIL MEETING MINUTES May 28, 2003 The weekly meeting of the City Council of the City of Bremerton was ca ed to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, May 28, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Aisc present were City Attorney Roger Lubovich; 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 provided by Pastor Scott Shaw of the Bremerton First Church of the Nazarene. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting agenda; and 2. A Monthly Study Session will be held next Wednesday, June 4th starting at 5:00 P.M. in the Council Conference Room; and 3. Item 9D under Public Hearings has been pulled from the agenda. CONSENT AGENDA A. Contract Award for Construction of Pump Station No. 8 for West 650 Pressure Zone Improvements (#AB03-097) B. Renewal of Lease Agreement with the DEPARTMENT OF THE NAVY to Monitor Wells at N.A.D. Marine Park (#AB03-098) C. Acceptance of Drinking Water State Revolving Funds (#AB03-099) #0030 MIS/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. (Mike Shepherd arrived to the meeting at approx. 5:36 P.M. and was not available for this vote.) 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. #0065 M/S/C/U (Younger/McConnell) On May 28, 2003, the Council approved payment for Check Numbers 281217 through 281529; and EFT7683 through EFT7688 in the total amount of $1,736,208.65; and Regular Payroll in the amount of $965,700.71 for the pay period ending May 15, 2003. COUNCIL MEMBERS Wayne Olsen thanked Councilman Mike Shepherd for the excellent job in hosting the Memorial Day ceremony on Monday, May 26; and also complimented Police Chief Rob Forbes for organizing the very moving Law Enforcement Officers Memorial ceremony on Friday, May 23. Daren Ny~lren provided a briefing on the District 3 neighborhood meeting held last evening; and announced the public Grand Opening for the Bremerton Ice Arena this weekend. Ed Rollman provided a report on the District 4 neighborhood meeting held last Thursday; reported on his attendance at the Law Enforcement Officers Memorial ceremony, and lastly, remembered former Kitsap County Prosecutor Fred Cohen, who was gunned down in 1970. TAPES# 1895 & 1896 City Council Reg. Mtg. Minutes May 28, 2003 Page 2 of 5 Mike Shepherd reported on his participation in a meeting with the AWC Health Benefits Board; commented on the Memorial Day ceremony and Law Enforcement Officers Memorial; and lastly, thanked the efforts of his neighborhood Block Watch and quick response from the Police Department in thwarting a break-in of his home. Eric Younger announced that the next District 6 & 7 Meeting would be held on Thursday, May 29~n from 6:30 P.M. to 8:00 P.M. at the Public Works & Utilities Building located at 100 Oyster Bay Avenue to discuss the proposals of the Residential Parking Committee. Will Maupin commended the Parks Department for the wonderful job they are doing in keeping up the grounds at Ivy Green Cemetery. He also thanked the citizens who attended the District 8 & 9 neighborhood meeting last Thursday, but apologized for having to leave that meeting early to hear testimony at the KRCC Countywide Planning Policies meeting in Silverdale. Mike Short also thanked the citizens for attending the District 8 & 9 neighborhood meeting, as well as Gary Sexton for his presentation he provided at the meeting and reported that he also attended the Law Enforcement Officers, and the Memorial Day Ceremony. He was also impressed with the wonderful job the Parks Department is doing in keeping up the grounds at Ivy Green Cemetery. Carol Arends reiterated the information on the District 6 & 7 neighborhood meeting to be held tomorrow night. MAYOR'S REPORT - Mayor Bozeman ... · Proclaimed June 1-7, 2003 as "Management Week", which was accepted by Douq McMacken of the Lockheed Martin Chapter at Subase Bangor; · Don Larson presented a plaque to Boy Scout Troop 1528 for their efforts in beautifying the City with tree plantings and participating in the Sinclair Inlet Clean-Up; · Discussed a visit this Thursday with Martha Cho from the State Economic Development who is willing to meet with City officials to discuss possible funding for Chester Terrace; · Congratulated Kitsap Mental Health in honor of their 25th Anniversary; and · Would like to offer $1500 in response to a request for funds for the Port Orchard fireworks display. PUBLIC RECOGNITION Allen Shute continued discussion regarding the availability of Public Recognition; and expressed his approval of the proposal by the Residential Parking Committee. Don Larson mentioned the benefits of planting trees, and reminded the Council that there are grants available to plant trees in the downtown core. Katrina Folt~lereon invited the public and the Council to the YMCA Open House and Fun Run on June 7, and noted there will be free admission to the YMCA from 9:00 A.M. to 4:00 P.M. The Fun Run would include a 5K Run and I mile run/walk, and a free pancake breakfast would be provided to participants. 8A - PROFESSIONAL SERVICES AGREEMENT WITH ZlMMER-GUNSUL-FRASCA PARTNERSHIP FOR GOVERNMENT CENTER SPACE AND TENANT IMPROVEMENT DESIGN SERVICES (#AB03-100): Kathleen McCluskey, Administrative Services Director, TAPES# 1895 & 1896 City Council Reg. Mtg. Minutes May 28, 2003 Page 3 of 5 announced that the new Government Center will be complete in September 2004. Each owner will be responsible for their own interior space planning and design. Two design firms were interviewed to provide programming, space planning, interior design, and preparation of construction documents. It is recommended that the City hire ZIMMER-GUNSUL-FRASCA (ZGF) PARTNERSHIP, a Seattle architect and design firm. In addition to numerous corporate clients, ZGF PARTNERSHIP has a variety of experience in designing space for municipal governments, including the City of Bellevue. There were no comments from the public. Ed Rollman asked if a project manager or team would be available on site and why this particular firm was chosen. Ms. McCluskey answered that per the contract, there would be a project manager on site; and stated that this firm was chosen primarily because of their experience with municipalities. Mike Shepherd asked who would be responsible for conducting the survey for the naming of the building. Ms, McCluske¥ answered that the co-owners for this building (City of Bremerton, Kitsap County, and Kitsap County Consolidated Housing Authority) would be meeting soon, but no decisions have yet been made. Eric Younger asked several questions to clarify the roles of LMN ARCHITECT FIRM (outside of building, common areas and lobby) and ZGF PARTNERSHIP (interior and space design); and further discussed funding issues and potential for cost overruns due to concerns that the quoted $30/per square foot may not be adequate. Mr, Olsen asked questions about the "auditorium" or "community chambers" area; and stipulated the Council's request to have their Legislative Assistant Lori Smith involved in key planning meetings. Ms. McCluekey responded that the agreement with LMN ARCHITECTS would cover the space for the "community chambers", and assured the Council that Lori Smith would be included in upcoming meetings. #1730 M/S/C/U (Rollman/Nygren) Move to approve Professional Services Agreement with ZIMMER-GUNSUL-FRASCA PARTNERSHIP for programming, space planning, interior design, and preparation of construction documents for the City offices in the new Government Center. 8B - MANAGEMENT AGREEMENT WITH COLUMBIA HOSPITALITY, INC. FOR CONFERENCE CENTER (#AB03-"101): Gary Sexton, Director of Economic Development, pointed out that this management agreement is a five-year agreement for COLUMBIA HOSPITALITY, INC. to book events, provide food and beverage services, and manage the Conference Center Facility. The agreement establishes conditions for early termination, annual review, and opportunity for extension. The agreement includes the management fee schedule. Brett Matteson, Vice-President of Columbia Hospitality, Inc., introduced some members of the Columbia team to the Council, and provided background information on the firm's wide range of experience. There were no comments from the public. Eric Younger rose questions regarding what services would be covered by the $6,000 per month compensation. Mr. Matteson clarified that the amount was intended to cover the start- up costs for the project such as administrative staffing, sales and marketing teams, and office supplies. A budget would be prepared to demonstrate where the funding would be spent. TAPES# 1895 & 1896 City Council Reg. Mtg. Minutes May 28, 2003 Page 4 of 5 Mr. Maupin asked when the first booking would take place. Mr. Matteson responded that two inquiries have already been made. Mr. McConnell asked where the name 'Center of Bremerton' came from. Mr. Sexton explained that individuals from the public facilities district provided ideas that led to the name and emphasized that the center would be later identified as a convention center. Mr. Matteson clarified for Mr. Rollman that all the Council is being asked to approve is a five- year contract. Mr. Rollman asked what residents would get out of the conference center. Mr. Matteson stated that booking policies would reflect the needs of the area and that the people would be getting a great meeting place, Mr. Shepherd asked how Columbia would plan to balance the slow business months with busy business months. Mr. Sexton answered that the plan might include a three-month cash reserve to handle such short-term shortfalls. Mr. Matteson added that during lower business months, more seasonal part-time employees could be employed rather than full-time salaried employees which would reduce overhead costs. Mr. Nvaren asked the City's Finance Director if he is comfortable with the funding of this project. Michael Wilson, Finance Director, stated that he could not comment at this time because he has not had a chance to look over the contract in detail. Mr. Ny~lren asked if Mr. Wilson could report on his findings once he has had a chance to look over the contract. Mr. Wilson agreed. #3480 M/S/C/U (Rollman/Younger) Move to approve and authorize the Mayor to finalize and execute the Management Agreement between the City of Bremerton and COLUMBIA HOSPITALITY, INC. with substantially the same terms and conditions as contained in the proposed agreement. TAPE #1896 8C - AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP PUBLIC FACILITIES DISTRICT FOR FUNDING~ DEVELOPMEN'r~ AND OPERATIONS OF THE KITSAP REGIONAL [BREMERTON] CONFERENCE CENTER (#AB03-102): Gary Sexton, Director of Economic Development, stated that the amendment increases the funding from the Kitsap Public Facilities District (PFD) to the City of Bremerton by the sum of $75,000. The amendment additionally reduces restrictions on times of payments of funding by the PFD to the City. There were no comments from the public. #0125 M/S/C/U (Shepherd/Rollman) Move to approve and authorize the Mayor to finalize and execute the first amended and restated Interlocal Agreement regarding funding, development and operation of the Kitsap Regional Conference Center with substantially the same terms and conditions as contained in the proposed agreement. 9A - PUBLIC HEARING AND ORDINANCE NO. 4855 (SECOND READING} APPROVINR SWC PARTNERSHIP REZONE FROM SINGLE FAMILY 3 (SF- $) TO GENERAL BUSlNESR (CB) (#AB03-094): The first reading of this ordinance was heard on May 21, 2003. There were no comments from the public. #0165 M/$/C/U (Shepherd/Olsen) Move to pass Ordinance No. 4855 on second reading. TAPES# 1895 & 1896 City Council Reg. Mtg. Minutes May 28, 2003 Page 5 of 5 9B - PUBLIC HEARING AND ORDINANCE NO. 4856 (SECOND READING) RELATING TRANSPORTATION DEVELOPMENT AND IMPROVEMENT (#AB03-095): The first reading of this ordinance was heard on May 21, 2003. Mike Mecham, City Engineer, was available to answer questions. There were no comments from the public. #0195 M/S/C/U (McConnell/Shepherd) Move to pass Ordinance No. 4856 on second reading. 9C - PUBLIC HEARING AND ORDINANCE NO, 4857 (SECOND READING) AMENDING BMC CHAPTER tl,03 RELATING TO LONG TERM RIGHT- OF- WAY PERMITS {#AB03- 096): The first reading of this ordinance was heard on May 21, 2003. There were no comments from the public. #02445 M/S/C/U (Olsen/McConnell) Move to pass Ordinance No. 4857 on second reading. RES~=U~T~ ~=,~ ~uE nca~=~E~Te ~c F~H~E ~.ND ~n~S~P~T~VE SERVICE~ INTO ~. HEW 5EP~.RT~E~T nc ~.Du,u,e~R~.TiO~, ~5 F~u~"~E~.-...- ' ~=Eh. TING-.. . -.... * ~EW. ~O"- This item was pulled from the agenda tonight. With no fu~her business, the regular meetin~ of the City Council was adjourned at 7:18 P.M. Prepared and Submi~ed by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP J/Is/cge DATE SUBMITTED: May 29, 2003 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Washington State Traffic Safety Committee Meeting Date: June 10, 2003 Commission Bremerton-Kitsap County COUNCIL MEETING Date: Juneo~ 2003 Traffic Safety Task Force Project grant Department: Police application and agreement Presenter: Shirley Wise Phone: 473-5239 SUMMARY: The City applies for and accepts the Washinton Traffic Safety Commission Bremerton-Kitsap County Traffic Safety Task Force Project Grant funding for $65,750.00 A local match of seventy-five percent (75%) is required for this project. New money is not needed. Cash match is not required. In-kind-service match is acceptable. This project directly contributes to the reduction and severity of traffic related deaths and injuries in Bremerton and Kitsap County. In addition, the grant establishes and serves as the primary funding source for the Traffic Safety Coordinator's salary and wages. The period of performance of this agreement is from July 1, 2003 through June 30, 2005. ATTACItMENTS: 1. Project Agreement Documents FISCAL IMPACTS (Include Budgeted Amount): The City has budgeted approximately $11,564.00 in costs over the two year contract. DEPARTMENT DIRECTOR: RECOMMENDED MOTION: I move to approve the Washington Traffic Safety Commission Bremerton-Kitsap County Traffic Safety Task Force Project grant application and agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 7 Community DUI~Traffic Safety Task Force Project Agreement Revised 3/18/03 Washington Traffic Safety Commission 1000 South Cherry Street PO Box 40944 Olympia, Washington 98504-0944 Phone (360) 753-6197 Fax (360) 586-6489 www.wa.gov/wtsc Section 1 - Authorization Project Title: Bremerton - Kitsap County Traffic Safety Task Force Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached thereto and made a part hereof, is undertaken under authority of Title 23, USC and is subject to the administrative regulations established by federal guidelines and the WTSC. Applicant AgencylOrganizatlon: Bremerton Police Department Applicant Agency Project Director Name: Robert D. Forbes Title: Chief of Police Signature: Address: 239 4t~ Street, Bremerton, WA. 98337 E-mall Address: ~forbes~,cLbremerton.wa.us Area Code: 360 Phone: 473-5224 Applicant Agency Authorizing Official (pereon with contracting authority) if different from above: Name: Cary Bozeman Title: Mayor Organization: City of Bromerton Signature Address: 239 4th Sl~sst, Bremerton, WA. 98337 Phone: 360-473-5266 WTSC Uae Only: WTSC Program Manager: Gina Bereffa WTSC Tracking Number Planned Project Duration From: July 1. 2003 To: June 30. 2005 Approved by: Name: Project Number: Title: Director. WTSC Funds (obligated) $ Signature: Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by ail concerned parties, as indicated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Ruid, OMB Circular A-102, in order to standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency certifies and assures that all the following conditions will be met. 1) Reoorts - The Contractor shall submit quarterly reports, a final report at end of project, and submit special reports as outlined Project Agreement, Addendum A, Billing and Report Requirements. 2) Coovdohts. Pubitcations. and Patents ~ Whore activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the VVTSC provided that any publications (written, visual, or sound) contain acknowledgment of the National Highway Traffic Safety Administration (NHTSA) and the WTSC support. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether or not patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination - This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4} Fiscal Records - Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project1 including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, stafel or WT$C auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed and all questions resolved. 5) Fundinc - The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved herein. Reimbursement will be made periodically by WTSC for its share based on approved cost reports. The Contractor will expend from nonfederal sources the required matching amounts, which shall be expended not later than 30 days following the completion of the projects. 6) Cost Princiates and Grant Mana(]ement - The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget (OMB) Circular A-87 and 49CFR, Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obtioaflon Fund~ -Funds may not be obligated prior to the effective date or subsequent to the termination date of this project pedod. Obligations outstanding as the termination date shall be liquidated within 30 days. 8) Chan¢3es - The Contractor must obtain prior written approval from the WTSC for major project changes, including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. 9) Income - Income earned by the Contractor with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or in reduction of project costs. 10) Purchases - Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment will continue to be utilized for highway safety purposes or will not be disposed of without written approval of the VVTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC. 11) Third Party Participants - No contracts or agreements may be entered into by the Contractor related to this project, which are not incorporated herein and approved in advance by the WTSC. The Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all such contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 12) Particioation by Disadvanta.ed Business EntorDdses - The contractor agrees to take all necessary and reasonable steps in accordance with Titid 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and pedormance of any subcontracts financed in whole or in part with Federal funds. 13) Americans with Disabilities A~ - in the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and Title I of the Americans with Disabilities Act 42 USC 1211- 12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 14) Political Acfivitie~ - NO funds, materials, equipment, or services provided horein shall be used for any partisan political activity or to further the election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress, or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15) Sinole Audit - State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget (OMB) Circular A-128. An institution of higher education or a nonprofit entity must comply with audit requirements in OMB Circular A-133. An independent audit of the financial operations, including compliance with provisions of federal law and reguistions of ali funds expended, must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC. 16) Seat Belt Policy- No funds, materials, property, or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts. 17) Dru¢] Free Workolace - In accordance with the Anti-Drug Act of 1988 41 USC 702-707 and Drug-Free Workplace, 42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantee of the Agency and/or any such activity is prohibited in the workplace. 18) Debarment and Susoen~iqn - The applicant agency certifies, by submission of this proposal, that neithor it or its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Applicant Agency Authorized Signature Date Commission Section 2 Description of Activity In this section, the following five elements should be defined in narrative form: (1) Problem Identification, (2) Project Goal(s), (3) Project Activities and Tasks, (4) Project Evaluation and (5) Budget (explain how funds will be used and details of any matching funds - local match is required to be a minimum of 75%). Please clearly label each element using the titles listed above, and limit Section 2 to five single- sided pages using nothing smaller than a 12-point font. Mission Statement: To reduce the number and severity of traffic related deaths and injuries within Kitsap County. Preseut Status The Bremerton-Kitsap County Traffic Safety Task Force has been in existence since July 1990. The task force has developed an extensive network of individuals and groups interested in partnering to reduce the problems of impaired driving, occupant protection, high-risk behavior such as speed and youthful drivers, and bicycle and pedestrian issues. The task force is made up of a multifaceted network of individuals, organizations, and agencies representing law enforcement, emergency medical services, substance abuse/prevention, health department, criminal justice, military, and education. Problem Identification Kitsap County occupies a unique portion of the State of Washington, directly between the urban areas of Seattle and Tacoma and the wilderness of the Olympic Mountains. It is bounded by the Hood Canal on the west, Puget Sound on the east, and Mason and Pieme Counties to the south. The current population of Kitsap County is estimated at 230,000. Kitsap County is situated along the western shore of the central Puget Sound region. It comprises a total land mass of 393 square m/les (or 0.6 percent of the state's total land mass). As such, Kitsap County ranks 36th in size among Washington counties and is the 2nd most densely populated county in the state. (Soume: Kitsap County Demographics) Military Population Impact Data - Although Kitsap County has one of the largest military populations in the state, we have access to few data sources that reflect the impact of that relatively young and transient population on our community as a whole. (Source: Kitsap County Collaborative Needs Assessment, 2003-2005 Biennium Forms) Kitsap County is home to three major military installations with an estimated population of active duty personnel only of 10,511 and two tribal reservations with the estimated population of 3,462. In the last twenty-five years, Kitsap County's population has increased 116.8 pement. The state's population, by comparison, rose 59.1 percent. (Source: Bremerton-Kitsap County Health District - US Census Bureau - Kitsap County Demographics) Jo In 2000, youth and children made up 28% of the total population in Kitsap County. There were approximately 29,750 youth age 10-17 years and 40,000 children younger than 10 years old. The racial composition of Kitsap County youth younger than 18 was 86% white, 8% Asian, 4% At, Jean American, 2% American Indian, and nearly 7% were of Hispanic origin. (Source: Healthy Youth - Kitsap County 2001) Motor vehicle and other unintended injuries caused 37% of deaths among youth aged 12-19 in Kitsap County between 1994-1998. Homicide and suicide accounted for an additional 29%. Because injuries caused nearly two-thirds of deaths among county youth in this period, preventing injuries and deaths in motor vehicle and bicycle crashes are important goals. (Source: Healthy Youth - Kitsap County 2001) A survey of a representative sample of the county population in 1999 indicates that alcohol and drags are perceived as the biggest social problem in the county. (Source: 2001-2003 Kitsap County Collaborative Needs Assessment) DUI referrals and filings increased from the year 2000 to 2001. (Source: Kitsap County Prosecuting Attorney's Office Report 2002). To date, January thru March 2003 there has been 393 DUI filings. If we continue with this trend we will exceed our 2000 filings by 390 new cases. In 2000 there was 1,182 DUI cases filed in Kitsap County with 593 awarded deferred prosecution. (Source: Office of the Administrator of the Courts) This increase in filings could be a result of the aggressive enforcement and zero tolerance efforts by this task force. Seven in ten youth have tried alcohol at least once. About 29% of youth say they have consumed five or more drinks of alcohol on a single occasion within the past month (binge drinking). 52% said binge drinking was not harmful. 45% said a lot of kids in their school district had a drug or alcohol problem, and 43% said kids used drags and alcohol at parties they themselves attend. (Source: Healthy Youth - Kitsap County 2001) Comparing 2001 to 2002 (preliminary data) traffic related fatalities, Kitsap County has seen a reduction of 207% in fatal collisions or a reduction from 29 to 14. We would like to think this is due in part to the collaborative efforts, education and trainings, engineering changes and enforcement efforts conducted by our task force. Project Goals Goal #1 Reduce the number of serious injury, disabling and fatal traffic collisions. *2002 total fatalities: 14 *Goal 2004:11 Objective: Reduce the traffic collision rate by 3%. Activities: · Participate in the statewide 3-Flags program supporting blitz's, distribute and promote localized promotional and educational campaigns that are developed. Coordinate our Cross-Kitsap Traffic Safety Project to promote safe driving habits and to increase knowledge about the project's engineering and enforcement efforts to reduce traffic collisions. · Provide support and educational/safety presentation's and information to the community at safety fairs, county fair, local countywide schools and military facilities on local traffic programs, crash dynamics, road rage, risk taking behavior, occupant protection and child passenger safety. Goal #2 Increase the occupant protection usage rate and child passenger booster seat and child safety seat usage rates. *2003 occupant protection use: 96% *Goal 2005: 98% Objective: Increase the countywide seat belt usage rate to 98% and increase child passenger safety usage/booster seat usage. Activities: · Coordinate the Kitsap County Child Passenger Safety Team, conducting monthly car seat check-ups and at least 4 GM dealership held safety events/car seat check-ups each year. Continue to support set fitting stations and partner with Safe Kids for continued funding to support a strong child passenger safety team. · Coordinate with statewide campaigns, providing assistance with media and PSA's on occupant protection issues and child passenger safety. · Conduct random seat belt usage surveys. Goal #3 Continue to increase DUI deterrence through interagency law enforcement coordination and cooperation to reduce the number of alcohol related collisions. '2001 alcohol related fatal: 8 *Goal 2005:6 Objective: Reduce alcohol and drug related collisions and injury and fatal collisions by 2%. Activities: · Coordinate and conduct monthly multi-jurisdictional traffic safety emphasis patrols with the target being zero tolerance on DUI, speed, and non-seatbelt use. Identify problem areas and designate dates and times for eaclt monthly patrol. · Report to the media results from monthly and special traffic safety emphasis patrols giving data on contacts and numbers reached. · Provide press releases targeting holiday, high-risk, and 3-Flags blitz periods on traffic safety issues. · Compile, track and disseminate information and statistics regarding the fi:equency of DUI arrests, alcohol-involved traffic collisions, and DUI emphasis patrols. · Continue to assist the DUI victim's panel by providing educational talks. · Continue to provide educational/safety presentations on the consequences of impaired driving to all military facilities, driver's education classes, and other community requests. · Provide DUI and traffic related training opportunities for county and municipal agencies in cooperation with the Washington State Patrol, Criminal Justice Training Center, Kitsap County Sheriffs Office, and the Washington Traffic Safety Commission. · Attend law enforcement related training and conferences for the purpose of identifying new and innovative strategies, funding opportunities, and DUI enforcement activities. Goal #4 Reduce the high incidence of young driver fatal and serious injury collisions. Objective: Reduce the number of under-21 collisions by 2°/$. '2001 under 21 alcohol-related fatal: 5 *Goal 2005:3 Activities: · Coordinate efforts at local high schools focusing on accountability for driver behavior and restraint use by providing on-going education. · Participate and assist with monthly youth victim panels for court ordered and driver education students/youth. · Partner with other agencies providing alternative activities for youth to bring education on the consequences and outcomes of high-risk youth driving behavior. · Coordinate and support the Kitsap County Youth Conference · Support and coordinate youth target emphasis patrols and specialized enforcement activities in conjunction with the RUaD grant targeted at underage drinking. · Report to the media the results of youth orientated activities and special activity enforcement. Goal #5 Increase knowledge of pedestrian and bicycle safety and laws. Objective: Reduce the number of pedestrian and bicycle incidents. Activities: · Work with local law enforcement and Safe on Wheels groups in support of bicycle safety education on the importance of wearing properly fitted helmets, knowing and obeying traffic laws of bicycling on public roadways, and how to maintain a safe bicycle. · Actively promote and conduct activities using the joint Kitsap/Mason County Bicycle/Pedestrian Safety Trailer granted bom the Cooper Jones committee in partnership with WSP and local law enforcement. · Support school resource officers and other prevention providers in their efforts with pedestrian issues at local schools, communities, and neighborhoods. · Distribute and analyze bicycle and pedestrian data and educational information. Evaluation Evaluation will be measured in many forms the main method will be quantitative, involving data gathering and counting numbers and through the use of surveys. Process evaluation will be used to determine whether the project or coalition is working effectively. We will show how well the program is working by number of people participating and numbers reached by the several different activities and indirect contacts via public information, media and items distributed. Outcome evaluation will be used to determine the progress toward achieving our goals and objectives. It will measure baseline knowledge, attitudes and beliefs and demonstrate changes following completion of the program. Impac~ evaluation will be used by data collection and show the degree to which the program has met its goal's. In addition, the project will be evaluated by documenting progress towards the goals and objectives on a quarterly basis to the Washington Traffic Safety Commission. Ongoing and regular evaluation will ensure the continued success and improvements in DUI and traffic safety issues and maintain the development of the traffic safety task force. The number of DUI arrests, traffic collisions, youthful driver incidents, and bicycle and pedestrian reported incidents will be computed on a quarterly basis. Child passenger safety contacts and events will be monitored monthly and also reported quarterly. Occupant protection usage rates will be reported using the 3-Flags data and blitzes. Commission Section 3 Budget Summery Budget: (If applicable) w'rsc costs Applicant Matching/ Contributing Cost 1. Salaries and Wages: $58,7§0. $18,000. (see match) 2. Employee Benefits $ 7,000. $ 7,000. 3. Travel and Subsistence: $ $ see match 4. Contractual Services: $ $ see match 5. Equipment: $ $ see match 6. Goods and Services: $ $ see match 7. Total lines1-6 (Amount Requested from WTSC) $65,750. 8. Total lines 1-6 (Amount provided by applicant) $293,759.04 Total Project Cost (Add lines 7 & 8): $359,509.04 WTSC Use Only Cost Sharing Matching Share: (Washington Traffic Safety Commission use only) WSP Field Salades FY Shara Amount Percent Applies To: Federal: $. State: State: ~ Local: Political Subdivision: $ Total Estimated Cost: ~ Washington State Traffic Safety Commission Project Agreement Addendum A Blliing and Reporting Requirements Billings Invoice vouchers for payment must be prepared monthly unless otherwise authorized and must be received by the Washington Traffic Safety Commission by the 10~ of the month following the billing period. Reporting Frequency and Format The Washington Traffic Safety Commission requires three types of reports in conjunction with traffic safety projects: 1. Quarterly reports during the life of a project; A final report at the conclusion of a project. This is to include training and consultant reports, if applicable; and Special reports as required. Project reports of every kind provide the Washington Traffic Safety Commission with information that can be used to strengthen the state's total traffic safety program. These reports keep the commission informed of a projsct's progress, explain any difficulties encountered, provide a background of information that can be passed on to others, suggest ways in which the commission can assist with the project and aid in distribution of state funds. Therefore, comprehensive reports are a must for continued improvement in the state's traffic safety operations. Quarterly Reports These ara to be submitted quarterly and are due in the Traffic Safety Commission's office within fifteen (15) calender days after the end of the reporting calendar quarter as follows: First Quarter (per year) July - September Report due October 15 Second Quarter (per year) October - December Report due January 15 Third Quarter (per year) January - March Report due July 15 The Traffic Safety Project Report Forms are to be used when compiling these reports. Ail sections are to be filled in as completely as possible. (Use additional sheets, as necessary). If no action has been taken, please so indicate the reason. Any original or innovative ideas or methods employed in your project should be incorporated into your reports. Final Report - Due July 30, 2005 Final reports are to be more informative and must describe whether the project objectives were accomplished, if technical and fiscal problems were encountered, and what improvements in traffic safety have resulted or probably will result. Included in final reports will be copies of publications, training reports and any statistical data generated in project execution. These final reports should discuss the following: 1. Accomplishments compared to the original project objecfivss; 2. Were all activities of the project completed as scheduled? Include dates and milestones when studies were completed; equipment acquired, installed and operated; 3. Any unanticipated proceedings that affected the projected; 4. Funding and costs for completion of the project in relationship to original estimates; and 5. Third party per[ormance if consultant was em ployed. Two copies of consultant reports are to be included with the project director's reports. Special Reporting Special reporting procedures may be required for special interest projects. If so, report format and frequency will be outlined on the reverse side of this form. Attachment A Source and amount of cash (dollars) in-kind and volunteer contributed. Type Source Amount County/City: Cash, support for task force $ 2,500. x 2 years (5,000.) Bainbridge Island PD Kitsap County Sheriff Cash, support for task force $ 4,000. x 2 years (8,000.) Poulsbo PD Cash, support for task force $ 2,500. x 2 years (5, 000.) Kitsap County Coroners Office In-kind support ($20.hr times $1,920. average 2 hr presentation x 2 times a momh x 24 momhs) Subtotal: $19,920.00 Grants (e.g. CMASA, DASA, etc.) DASA - RUaD $70,500. Reduce Underage Drinking (1 October 2002 - 30 June 2004) Kitsap Safe Kids Grants 4 a yr.at GM Dealerships ~$1,000. $ 7, 000. each and average 6 a year at offGM sites ~ $500. each Subtotal $77,500.00 Corporate/Community/ School Organization's NKHS, SKHS, BHS, BIHS, In-kind contribution 5 $23,572.80. Kingston Jr. High. Planning RUad Youth advisor and 15 students ~ youth conference & youth activities 16.37 hr x 3 hr x 24 months Subtotal $23,572.80 Mary Bridge Children Cemer In-kind for Marcy Powell, RN, $2,592. (8 hr. ea momh ~ $27. hr. momhly car seat checks x 24 months) N.W. Region EMS & Truama In-kind for Ruby DeSantis, $2,115.36 (6 hr. ea month ~ coordinator for victim panels $14.69 hr. x 24 months) Volunteer help at monthly car seat In-kind volunteer time (average 5 $11, 786. 40 check-ups volunteers ~ $16.37 hr x 6 hr x 24 momhs Subtotal: $16,493.76 Cash Grand Total: $137,486.56 Attacitn ent B BREAKDOWN OF TRAFFIC SAFETY TASK FORCE AND EMPHASIS PATROL SUPPORT FOR EACH INDIVIDUAL AGENCY Bremerton Police Department: Police Chief $45.00 an hr x 7 hr a month x 24 months $ 7,560.00 Captain Rogers $43.00 an hr x 4 hr a month x 24 months $ 4,128.00 Captain Wolfe $39.23 an hr x 4 hr a month x 24 months $ 3,766.08 Lt. Rawlins $37.76 an hr x 4 hr a month x 24 months $ 3,624.96 Lt. Lopez $36.66 an hr x 7 hr a month x 24 months $6,158.88 Midline Traffic Officer $27.56 an hr x 8 brs x 2 officers x 24 months $10~583.04 Subtotal: $ 35,820.96 Bainbridge Island Police Department: Lieutenant Giuntoli $28.48 an hr x 1 hr a month x 24 months $ 683.52 Midline Traffic Officer $25.24 an hr x 8 hr emphasis patrol x 24 $ 4,846.08 Traffic Officer to attend monthly task force meetings (2 hr x $25.24 x 24) $1,211.52 Reserve Office (volunteer) $16.37 an hr x 8 hrs x 1 reserve x 24 months $ 3,143.04 (Reserve ~ volunteer time) Subtotal: $ 9,884.16 Port Orchard Police Department: Police Chief $31.50 an hr x 1 hr a month x 24 months $ 756.00 Traffic Sgt. $27.93 an hr x 1 hr a month x 24 months $ 670.32 Midline Traffic Officer $24.02 an hr x 8 hr emphasis patrol x 24 $ 4,611.84 Traffic officer to attend monthly task force meetings (2 hr x $24.02 x 24) $ L152.96 Subtotal: $ 7,191.12 Poulsbo Police Department: Police Chief $38.19 an hr x 1 hr a month x 24 months $ 916.56 Sgt. Playter (also attend mtg.)S26.10 an hr x 4 hr a month x 24 months $2,505.60 Midline Traffic Officer $24.58 an hr x 8 hr emphasis patrol x 24 $ 4,719.36 Reserve Officer $16.37 an hr x 8 hr x 3 reserves x 24 months $ 9~429.12 (Reserve ~ volunteer time) Subtotal: $17,570.64 Kitsap County Sheriffs Office: Sgt. Mike Merrill $28.62 an hr x 10 bra month x 24 months $6,868.80 (8 hr for monthly emphasis patrol & 2 hr task force mtg. time) Average Traffic Deputy $25.62 an hr x 8 hr x 4 deputies x 24 months $19,676.16 Subtotal: $26,544.96 Washington State Patrol: Lieutenant Steele $50. an hr x 1 hr a month x 24 months $1,200.00 Sergeant's $39.00 an hr x 10 hr a month x 24 months $9,360.00 (includes 8 hr. emphasis patrol time and monthly task force meeting) Trooper $26.56 an hr x 8 hr x 7 troopers x 24 months $35,696.64 Subtotal: $46,256.64 Grand Total: $143,268.48 lq DATE SUBMITTED: 6/11/03 BILL # 03 - AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement By and Between the Committee Meeting Date: 17 June 2003 United Stated Golf Association (U.S.G.A.) COUNCIL MEETING Date: 25 June 2003 and the City of Bremerton. Department: Parks & Recreation Presenter: Jim Spencer Phone: 360/473-7252 SUMMARY: The City of Bremerton's Olympic Course at the Gold Mountain Golf Complex has been selected by the United Stated Golf Association (U.S.G.A.) to host the 81 st Annual U.S. Public Links Championship in 2006. This prestigious event is one of 13 national events conducted by the U.S.G.A. In order to formally accept the U.S.G.A.'s invitation to host this event, it is necessary to enter into the attached agreement. ATTACHMENTS: Agreement By and Between the United Stated Golf Association (USGA) and the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): Loss of revenue from the Olympic Course during the week-long event (7/10/06 through 7/15/06), offset by $10,000 from the U.S.G.A. APPROVALS: DEPARTMENT DIRECTOR: /. t % . ,,: ,,~. ,~ /., ~ l ~ [ ,:.., CiTY ATTORNEY: FISCAL/BUDGET: . 5;:~ -'- ~,~ ~j,' ~' .... ' :, ~'~-i~ r CONSENT AGENDA ~ OPE~TIONS: ~ CO~CIL P~SIDENT: [&(.~'~ RECOMMENDED MOTION: I move to approve ~d authorize the Mayor to finalize and execute the Agreement By and Between the United Stated Golf Association (U.S.G.A.) and the City of Bremenon with substamially the same terms and conditions as contained in the proposed agreement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 020 ~ AGREEMENT BY AND BETWEEN UNITED STATES GOLF ASSOCIATION AND THE CITY OF BREMERTON THIS AGREEMENT (this "Agreement") entered into as of the day of April, 2003 by and between the UNITED STATES GOLF ASSOCIATION, a not-for- profit corporation organized under the laws of the State of Delaware, located at Golf House, 77 Liberty Corner Road, Far Hills, New Jersey 07931 (the "Association") and THE CITY OF BREMENTON, with its principal office and place of business at City Hall, 239 4th Street, Bremerton, Washington 98337 (the "Owner"), owner of GOLD MOUNTAiN GOLF COMPLEX, located at 7263 West Belfair Road, P.O. Box 4130, Bremerton, Washington 98312 (the "Club~"). WI T NE S S ET H: WHEREAS, the Association has accepted the gracious offer of the Club to entertain the 2006 U.S. Amateur Public Links Championship® (the "Championship") on the terms set forth herein; and WHEREAS, the standards for the conduct of this Championship have evolved under the direction of the Association over a long period of years in a continuing effort to stage a competition of distinction appropriate for a national championship. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and conditions hereinafter set forth and other good and valuable considerations, the parties hereto hereby agree as follows: 1. TITLE OF CHAMPIONSHIP The Championship shall first be identified by the Club, whether orally or in writing as the: "81st U.S. Amateur Public Links Championship®." or ~ References to the "Club" in this Agreement shall necessarily include the "Owner" in connection with any and all applicable provisions of this Agreement; additionally, references to the "Owner" in this Agreement shall necessarily include the "Club" in connection with any and all applicable provision of this Agreement. "2006 U.S. Amateur Public Links Championship®." Once the foregoing identification has been made, the Championship may then be referred to as the: "U.S. Amateur Public Links Championship®." 2. CHAMPIONSHIP LOGO A. The Championship shall also be identified by a Championship logo (the "Championship Logo") which shall be designed by the Club subject to the approval of the Association. The Club shall submit its proposed logo to the Association for its review and approval after formulation of the design of the logo, but prior to any use thereof. In the event the Association denies approval of any proposed logo which has been submitted to it by the Club, the Club shall revise the logo according to the comments of the Association. The Championship Logo shall at a minimum reference the year or number played of the Championship, the Club name and the name o£the Championship. B. Each of the Association and the Club shall have the right to use the Championship Logo, provided that the Club's use of the Championship Logo shall be limited to (i) advertising and promotion of the Championship; (ii) the official program and draw sheets; (iii) Championship related merchandise sold by the Club; (iv) placement on items used internally by the Club, and not intended for sale, such as scorecards, placemats, paper cups, etc. and (v) other materials and/or items if pre-approved in writing by the Association. C. All uses of the Championship Logo by the Club shall be subject to the prior approval of the Association. All uses of the Championship Logo on merchandise sold by and at the Club shall be subject to the terms and conditions of Section 17 hereto. In connection with the use of the Championship Logo on merchandise to be sold by the Club, the Club hereby appoints the Association as its agent with respect to any and all arrangements regarding a third party's right to use the Championship Logo on merchandise. 3. DATES AND PRACTICE PRIVILEGES A. The dates of the Championship are Monday, July 10, 2006 through Saturday, July 15, 2006 and any succeeding day or days as may be occasioned by a play- off or postponement of any round or rounds. B. During the first three days of the Championship, the course will be open for play only to players in the Championship. For the remainder of the Championship, the Club may open the course to non-Championship players forty-five (45) minutes after the last match of the day has started; provided, however, that the play of such non- Championship players in no way interferes with the Championship. C. The Club will extend to players non-exclusive privileges of the course for practice on Friday, July 7, 2006. The Club will extend exclusive privileges of the course for practice on Saturday, July 8th and Sunday, July 9th; such days shall hereinafter be referred to as the "Practice Days." D. The Club will extend to all players in the Championship, clubhouse and grounds privileges during the Practice Days and throughout the Championship. 4. PRIMARY RESPONSIBILITIES The Club will provide the course, facilities and equipment for the Championship and the Association will conduct the Championship. 5. CERTAIN OBLIGATIONS OF THE ASSOCIATION In addition to its other obligations set forth in this Agreement, the Association agrees, at its expense, to do the following: A. Determine all conditions of play, including the Association's footwear policy referenced in Section 12.D. hereto; B. Process all entries; C. Provide Rules of Golf books, bag tags and identification badges for players; D. Provide official score cards and supervise scoring; E. Provide scoresheets and one person to operate the scoreboard; F. Provide Championship hole flags; G. Provide paint and equipment for marking specific areas on the course, including but not limited to, water hazards and ground under repair; H. Provide all prizes; I. Make available to the Club, in addition to its regular Turf Advisory Service visit (if applicable), one complimentary visit by an Association agronomist; J. Consult regularly with Club officials on any and all aspects of the Championship. The times, method and location if applicable, for conveying such information shall be mutually determined by the Club and the Association; K. If it so elects, host a players' dinner at the Club or such other location as determined by the Association on the night before the first round of the Championship or any other night as determined by the Association. All details relating to the players' dinner, including the holding thereof, shall be determined by the Association; L. Provide standards to show the status of semi-final and final matches and instructions for the standard bearers; M. Pay freight charges for any Association equipment used; N. Approve a player evacuation plan for the Championship to be proposed by the Club. The Club and a designated representative of the Association shall brief all relevant personnel and security on such plan. The Association shall determine whether and when such plan should be implemented; and O. Provide a severe weather detection and warning system. 6. CERTAIN OBLIGATIONS O1* TIlE CLUB In addition to the other obligations set forth in this Agreement, the Club agrees, at its expense, to do the following: A. Agree to the conditions of play for the Championship as determined by the Association; B. Prepare the course in accordance with Association recommendations, including but not limited to, modifications of fairway lines and development of intermediate and primary cuts of rough; C. Provide adequate practice facilities, including top-quality range balls; D. Register players; E. Provide a reasonable number of courtesy cars for Association officials, as requested by the Association, and courtesy transportation for players to and from the Club and hotels/motels where rooms are reserved by players; F. Reserve rooms at nearby hotels/motels, in quantities specified by the Association, for players and officials, who will make their own reservations. All such hotels/motels must be approved in advance by the Association; G. Provide a press facility in accordance with Association specifications; H. Provide the course and Club facilities for the Association's exclusive use for the purpose of hosting a "Media Day." The exact date shall be mutually determined by the Association and the Club. The Association shall have free use of the course on such date, and consequently, will not be charged any green or cart fees for individuals participating in any arranged golf outing. The Association will, however, pay the Club, at regular and customary Club prices, for other non-golf course related Club services used in connection with the Media Day, including but not limited to, fees for food and beverages; I. Provide a public address system, in accordance with Association specifications, for the presentation of prizes; J. Provide personnel as required below: (1) Caddies, for all players requiring such, and forecaddies. Forecaddies will be stationed at such holes and at such times as are specified by the Association. Caddies will be paid a fee by the players; such fee to be approved by the Association; (2) Standard bearers to carry the standards in accordance with Association instructions; and (3) Personnel to assist with the scoring operation. Unless specifically set forth above, the number of such personnel to be provided and the dates and times of their availability shall be mutually determined by the Club and the Association; K. In accordance with Association standards, arrange for on-site medical services for the Practice Days and during the Championship. Such services shall include the provision of (i) medical personnel (such as a medical doctor, emergency medical technician and/or registered nurse; (ii) a minimum of two (2) individuals who have been trained and certified in the proper use of AED defibrillators, and (iii) the provision of two (2) AED defibrillators; L. Provide comfort stations in quantities and at locations as approved by the Association and consistent with reasonable aesthetic consideration and the requirements of the local health officials; M. Provide a headquarters room in the clubhouse, for the Association's exclusive use, with an electric typewriter, five (5) direct outside telephone lines, the installation and use of such lines to be paid for by the Association, a photocopy machine capable of duplicating and sorting large quantities, a plain paper FAX machine, three (3) telephones, and desks, chairs and tables as reasonably requested by the Association; 5 N. Provide locker and/or changing facilities for the players and bulletin boards for Association axmouncements; O. Provide and install ropes and stakes, under the direction of the Association, for gallery control in limited areas around the course and clubhouse; P. Provide a scoreboard in accordance with Association specifications; Q. Provide and install a sign for each tee indicating the hole number, yardage and par (signs to be produced to Association specifications by the Club at the Club's expense); R. Provide stakes for marking specific areas on the course such as out of bounds and water hazards; S. Provide, without charge, at least twenty (20) electric golf carts for the Association's use in conducting the Championship; T. Devise a player evacuation plan to be approved by the Association and at the Association's direction implement such plan by providing vehicles and drivers to support the player evacuation plan. The type, number, locations and times needed for such vehicles and drivers shall be mutually determined by the Association and the Club and made a part of the evacuation plan; and U. Assist the Association, as necessary, in executing the severe weather detection and warning system. 7. ADMISSION AND ENTRY FEE REVENUES The Club shall not charge spectators for admission to the Championship. The Association will retain all revenue from entry fees charged to players. 8. OFFICIAL PROGRAM AND DRAW SHEF. TS A. The Club may publish an official Championship program. If a program is published, it shall include the conditions of the Championship, a letter of welcome from the Association's U.S. Amateur Public Links Championship Committee Chairman, the name and home state of each Committee member and, if the program consists of eight or mom pages, a free, one-page advertisement for the Association Members Program. The Association will provide editorial assistance with respect to Association related material to be published in the program including the advertisement for the Association Members Program. The Club may retain all of the advertising and sales revenues from the official program. On each day of the Championship, the Club will provide, free of charge, draw sheets to be compiled from information supplied by the Association. The number of draw sheets to be provided will be mutually determined by the Club and the Association. B. The contents, including articles, editorial matter and advertising, of the program and draw sheets and the price of the program shall be subject to the approval of the Association. The Club may retain all of the advertising revenues, if any, from the draw sheets. The Club shall submit the proposed contents of the program and draw sheets (except for material to be supplied by the Association), for review and approval by the Association prior to printing. 9. COURSE MAP AND GUIDE The Club, at its expense, may print and distribute, or have a third party print and/or distribute, free of charge, a course map and guide. The minimum number of course map and guides to be produced shall be mutually determined by the Club and the Association based on past and anticipated attendance at the Championship. The inclusion of any advertising in such course map and guides shall be subject to the Association's approval. The Club may retain all of the advertising revenues, if any, from the course map. In the event the Club elects not to print and distribute, or allow a third party to print and distribute, a course map and guide, the Association may, at its expense, print and distribute to spectators, free of charge, a map and guide of the course. 10. INTERNET The Club may, at its expense and with the prior written consent of the Association, develop a site or other approved preserve on the Intemet promoting the Championship ("Website"). The contents of any such approved Website, including articles, editorial matter, advertising and links to other sites shall be subject to the review and prior approval of the Association. In no event may any merchandise be shown on or sold through any such Website. Prior to any initial display of such Website, the Club is required to submit a sample screen showing the exact location(s) and design of any hyperlink to other sites or webpages as well as a sample screen of the stand alone webpage(s) where the information promoting the Championship will reside, to the Association, for the Association's approval and review. The Association will advise the Club what changes to the Website, if any, are necessary, and the Club shall make all such changes prior to making such Website available to the public. This Section 10 shall be subject to the restrictions provided in Sections 14, 16, 17.B(2) and 24.1). The right granted the Club in this Section is non-exclusive and nothing contained in this Section or otherwise shall limit the Association's right to produce its own website relating to or containing information about the Championship or to permit third parties to produce such websites. 11. FOOD AND BEVERAGES All revenues from the sale of food and beverages may be retained by the Club. Prices of food and beverages sold in the clubhouse and on the grounds shall be reasonable. The Club may not sell or permit the sale of alcoholic beverages (other than beer, wine or wine coolers) anywhere on the grounds, other than in the clubhouse, without the prior written approval of the Association. 12. PLAYING CONDITIONS A. The Association shall determine in its sole discretion what the playing conditions of the golf course shall be during the Championship, including speed, firmness and grass height of playing surfaces, and other matters affecting play, including but not limited to, the need for tree trimming and/or removal. B. Representatives of the Association will consult with and may make recommendations to the Club with respect to course improvements or modifications similar to such improvements and modifications made in connection with past U.S. Amateur Public Links Championships; however, the Association will not assume responsibility for any expenditure undertaken by the Club with respect to any such improvements and/or modifications and the Club is cautioned to be judicious regarding such expenditures. C. Both parties understand that architectural changes to the course must not be made without the written consent of both parties; and both parties must have the oppommity to witness first-hand any such changes. D. As a condition of play for the Championship, the Club agrees to adopt the ssocmt~on s pohcy on footwear. 13. AUTOMOBILE PARKING The Club shall not charge for automobile parking space. Parking space for players and the Association's officials shall be provided by the Club in prime locations; the Association will establish priorities with respect to such parking space. The Club shall also provide and/or arrange for parking space for spectators as near as possible to the Club. The Club and the Association shall mutually agree on the number of parking spaces needed for spectators. 14. RADIO AND TELEVISION BROADCASTING AND MOTION PICTURES The Association, as owner of all the commercial rights relating to the Championship, shall have the sole authority to arrange for radio and television broadcast coverage of the Championship, and other uses of the Championship and excerpts thereof in any and all manner, format and media throughout the world, whether now known or hereafter devised. Such media shall include, without limitation, videocassette, CD-ROM, DVD, Interact and other so-called "new" media. The Association shall have the sole authority to exploit such rights in any manner it desires, including by granting the privilege of broadcasting, telecasting, photographing and filming (for all media and whether analog, digital or otherwise) on the grounds of the Club and in any facility or structure located on the grounds, including but not limited to, the clubhouse, from the period beginning on the first Practice Day through the final day of the Championship, including any play-off or postponement. During this period, the Club will not knowingly allow any equipment of any broadcasting or radio company, professional photographer, video or film maker, any "new" media producer or any other person or entity seeking to commercially exploit the Championship anywhere on the grounds of the Club or in any facility or structure located on the grounds, except with the express prior written consent of the Association. Notwithstanding the foregoing, the Club agrees that should the Championship be selected for broadcast on television the Club shall make available its grounds and facilities to the relevant broadcasting entity or entities and shall cooperate with the Association and such entity or entities as necessary to ensure a quality broadcast of the Championship. 15. INDEMNIFICATION AND INSURANCE A. The Association does not assume and in fact disclaims any liability for personal injuries or death of players, volunteer workers or vendors assisting in any manner in the administration of the Championship, caddies, spectators or workmen employed in connection with the care of the course or the grounds of the Club, the clubhouse, or any employees of the Club or any other persons, and also for any property damage which may occur in connection with the preparation for and tear down of the Championship, during the Championship or the Practice Days prior thereto or any play-off or postponement. The Club agrees to indemnify, defend and hold harmless the Association and its directors, officers, agents and employees from and against all claims, liabilities, losses, damages, expenses, accidents and occurrences (including all attorneys' fees and other costs of investigating and defending against such claims, liabilities, losses, damages, expenses, accidents or occurrences) arising out of, relating to, or in connection with, all activities in cormection with the Championship (including the Practice Days and any postponed round or rounds or play-off) and/or the conduct thereof unless and to the extent caused by the negligence and for willful misconduct of the Association. B. Thirty (30) days prior to the commencement of preparations in calendar year 2006 for the Championship, the Club shall provide the Association with a Certificate of Insurance, acceptable to the Association in its sole discretion, providing coverage from the date work begins through completion of tear down after the Championship for Commercial General Liability Insurance, including Products and Completed Operations, Liquor Liability, Automobile Liability, Garage Keepers' Liability and Workers' Compensation in such amounts as are reasonable in the circumstances. The Commercial General Liability insurance or the equivalent thereof, shall be in an amount at least equal to ten million dollars ($10,000,000.00) per occurrence and ten million dollars ($10,000,000.00) in the aggregate, each increased as necessary to reflect the cumulative effect of inflation from the date of this Agreement to January 1, 2006, with the exception of Automobile Liability and Garage Keepers' Liability for which the acceptable limits for each shall be five million dollars ($5,000,000.00) or such other amount as is reasonable under the circumstances. To the extent that the Club is Self Insured or has elected a self-insured retention or deductible in any of its insurance coverages, the Club agrees that such self-insurance, retention or deductible shall not affect the indemnification afforded to the Association. All loss, defense costs or other expenses related to claims falling within such self-insurance, retention of deductible shall be borne in full by the Club and shall not be passed to or shared by the Association. The interest of the Association as an additional insured must be clearly indicated on the Certificate of Insurance and a copy of that endorsement shall accompany the Certificate of Insurance, with the exception of Workers' Compensation. C. The Club represents and warrants that it (i) shall use commercially reasonable efforts to adhere to the requirements set forth above; (ii) does not anticipate any difficulty in obtaining such insurance coverage requirements and (iii) shall immediately notify the Association if it becomes aware of any such difficulty in connection with obtaining and/or maintaining such coverages; the parties acknowledging and agreeing that in the event that the Club is unable to procure the insurance coverages set forth above, the Club shall use commercially reasonable efforts to obtain insurance coverages that are acceptable to the Association, in D. The Club hereby covenants and agrees that any and all agreements and/or arrangements which it makes with third-party vendors and/or contractors for or in connection with the Championship shall include an agreement by the relevant third-party to (1) indemnify the Association and its officers, directors, employees and agents to the same extent as the indemnification of the Club and (2) add the Association as an additional insured on all relevant insurance policies. In connection with such requirement, the Club hereby covenants and agrees to send the Association copies of proposed insurance and indemnity sections from all Club Championship related agreements prior to the Club's execution thereof, with sufficient time for the Association to review such sections and make any comments it may have thereon. E. This Section shall survive termination of this Agreement but only with respect to the acts and omissions occurring during the term hereof. 16. COMMERCIAL REVENUES A. The Club shall be entitled only to revenues from commercial activities relating to the Championship which are specifically provided to the Club in this Agreement. The rights to all other revenue producing activities of any kind, whether or not contemplated by this Agreement, belong to the Association. Except as expressly provided herein, therefore, the Club shall not directly or indirectly exploit or permit the exploitation by others of (i) the Championship; (ii) persons competing in the Championship; (iii) the .30 lO grounds of the Club and/or the design of the course or clubhouse, but only as they relate to the Championship, or (iv) any elements, names, events or incidents of or connected to the Championship, except on terms and in a manner satisfactory to the Association and in accordance with prior written approval from the Association. The terms "exploit" and "exploitation" as used in this Section shall include but not be limited to any activity or matter which produces or is intended to produce, whether directly or indirectly, revenue or any other consideration or advantage in any form. B. During the Championship or otherwise in connection with the Championship, the Club will not authorize the placement of any advertising, signage, billboard or other commercial display on or near the course or anywhere else on the grounds of the Club, without the express prior written consent of Association. In addition the Club will not permit commercial announcement or other mention of any advertiser or supplier, or the products or services of any advertiser, supplier, manufacturers, distributors or any other person or entity, the privilege of having their names, trademarks, logos and/or any other identifying mark, name or slogan seen or heard during the Championship, including but not limited to, by those people attending the Championship and those people viewing or listening to any broadcast of the Championship, without the express prior written consent of the Association. The Association shall convey to the Club, in advance of the Championship, whether any routine operations of the Club involving its manufacturers, distributors and/or suppliers would be construed as a violation of this Section 16. If any such operations would be construed as a violation, the Association and the Club shall discuss methods for modifying the Club's operations so as to be in compliance with this Section 16 and the Club shall institute one or more such methods. C. In accordance with the Association's ownership of the service marks and trademarks set forth in Exhibit A attached hereto and made a part of this Agreement (hereinafter, collectively referred to as the "Marks"), the Association shall have the exclusive right to arrange for the sale, through Association approved distribution channels, including the Intemet, and display of articles of apparel and other merchandise bearing any (i) name or logo of the Association and/or the Championship and/or (ii) elements, names, events or incidents of the Championship as well as the right to use the Club's name, images of the course and the Club's facilities, and the course design as provided in Section 17 hereto. The Association may assign its rights and any related obligation hereunder to a third party representative and the Club agrees to cooperate with any such representative(s) in the preparation and execution of all necessary contracts. 17. LICENSE FOR USE OF ASSOCIATION SERVICE MARKS AND TRADEMARKS A. The Club acknowledges that the Association is the owner o£the Marks set £orth in Exhibit A hereto. Subject to the terms and conditions set forth below and in Section 16 hereof, the Association grants to the Club the non-exclusive, non-transferable right to use the Marks in connection with the sale of first-quality products which refer to 11 the year or number of the Championship, the Championship and the name of the Club, collectively, or to both the year or number of the Championship and the Championship. B. In addition to the other terms and conditions contained in this Agreement, the Club's right to use the Marks and the Club's use of the Championship Logo shall be subject to the following terms and conditions: (1) Use of the Association Seal and official Association logo is not permitted; (2) The Club's use of the Marks and/or Championship Logo for the advertisement and sale of first-quality products is limited to the right to sell such products to retail customers on the premises of the Club. Under no circumstances, nor at any time, is the Club permitted to sell or distribute said products (a) off its premises, or (b) by mail order, catalog sales, over the Internet, or through any other distribution channel now known or hereinafter devised, or (c) on the premises for the purpose of resale, or (d) to corporations or any individual purchasing for, on behalf of, or in connection with a corporation. The Club agrees to promptly notify the Association if it should learn that any such product is being distributed or sold at any place other than the Club; (3) The Club agrees that nothing in this Agreemem shall give the Club any right, title or interest in the Marks except as specifically provided herein and that any and all use of the Marks by the Club shall inure to the benefit of the Association; (4) The Club acknowledges that the Association has a proprietary interest in the manner in which the Marks and the Championship Logo are used. Consequently, the Club acknowledges and agrees that all products manufactured and sold pursuant to this Section 17 shall be first-quality goods. The Club further acknowledges and agrees that the Association will not permit the sale of golf equipment, including golf gloves, bearing its Marks or the Championship Logo. Notwithstanding the foregoing, the Club may sell golf balls with the Championship Logo imprinted thereon; (5) The Club agrees that any contract for the consignment or purchase of products permitted under this Section 17 which it enters into with any manufacturer, manufacturer's representative, distributor or supplier shall prohibit the sale of such product to any person or organization other than the Club or the Association without the prior written approval of the Association. Should the Association at any time decide to apply for a federal or state trademark registration on any of the Marks or the Championship Logo for any such product, the Club agrees to render the Association all reasonable assistance toward obtaining such registration, including the execution of documents deemed necessary or desirable by the Association, which documents shall be prepared at the Association's expense; (6) In the event this Agreement is terminated prior to the Championship, the license granted to the Club by the Association with respect to the Marks and the Championship Logo shall be immediately terminated and the Club shall stop any and all uses of the Marks and the Championship Logo as of the date of termination; and (7) The Club acknowledges that the Association has developed guidelines on the use of logos on merchandise sold at Association events, a copy of which is attached hereto as Schedule A and made a part of this Agreement. The Club agrees to adhere to such guidelines. The Club and the Association acknowledge and agree that the Association has the right to revise such guidelines at any time in its sole discretion and the guidelines, as they may be revised at any time, shall be deemed to be a part of this Agreement. Any change made by the Association to its guidelines shall not apply to previously ordered or pre-existing merchandise which complied with the guidelines existing at the time the orders were placed for such merchandise. 18. LICENSE FOR USE OF TIlE NAME OF THE CLUB A. The Club grants to the Association the non-exclusive right to use the name of the Club, images of the course and the Club's facilities, and the course design in connection with the conduct of the Championship, in the exercise of all of the rights associated with the Championship (including the media rights referred to in Section 14 above) and in any advertising and promotion of, or other references to, the Championship. The Association may assign its rights under this Section 18.A. to third parties, including without limitation to any company broadcasting the Championship or any company providing electronic scoring for the Championship. B. The Club also grants to the Association the right to use the name of the Club, images of the course and the Club facilities and the course design, in connection with the advertisement and sale of first-quality articles of apparel and other merchandise which refer to the Championship and/or the Association. The Club agrees that such products may be advertised and sold by the Association in any manner or location which the Association desires. The Association may enter into any arrangements which it deems desirable for the manufacture and distribution of such products and may assign its rights and obligations hereunder to one or more individuals or entities. The Club agrees to cooperate with the Association and/or any assignees of the Association in arranging for the manufacture and distribution of such products and, should the Association at any time decide to apply for a federal or state trademark registration of any of the trademarks for any product, the Club agrees to cooperate with the Association's representative on the preparation and execution of all necessary contracts, which documents shall be prepared at the Association's expense. The Association acknowledges and agrees that all products manufactured and sold pursuant to this Section 18.B. shall be first-quality goods. C. The Association may utilize the rights granted to it pursuant to this Section 18 in connection with the promotion and/or commemoration of the 81st U.S. Amateur Public Links Championship, as well as, future U.S. Amateur Public Links championships, other Association championships and the Association. D. In the event this Agreement is terminated prior to the Championship, the license granted to the Association pursuant to this Section 18 shall be immediately terminated and the Association shall stop using the name of the Club, images of the course and the Club's facilities and the course design as of the date of termination. 19. ACCOUNTING The Club shall maintain complete records and accounts of all receipts and expenditures related to the Championship, and shall submit to the Association a final accounting of all such receipts and expenditures by December 31 2006. In the event the Club collects any receipts and/or revenues to which the Association is entitled under the terms of this Agreement, the Club shall remit to the Association all revenues to which the Association is entitled no later than November 1 of the year of the Championship. 20. MEMBERSHIP AND ANTI-DISCRIMINATION POLICY A. The Club represents and warrants that it has demonstrably open membership policies and practices prohibiting discrimination of any kind whatsoever, including but not limited to, on the basis of race, creed, color, national origin and gender. The Club further represents and warrants that during the Championship all facilities and areas of the Club, including but not limited to, the clubhouse, shall be open to all people attending the Championship, provided that if approved in advance by the Association, the Club may restrict certain areas of the clubhouse to designated ticket and/or badge holders so long as the Club does not discriminate on the basis of race, creed, color, national origin or gender in the distribution or allocation of such tickets and/or badges. B. The Club also represents and warrants that it will not take any action that would modify or change any of its policies from that date of this Agreement through the conclusion of the Championship without consulting in advance with the Association. The Association shall have the right to terminate this Agreement should the Club's proposed changes to its policies with respect to membership and anti-discrimination be in conflict with the Association's own policies with respect to such matters. 21. CONTROL OF THE CLUB AND FACILITIE,q The Club represents warrants and covenants that it controls the golf course and facilities at the Club. In the event of a change in the controlling interest of the Club or the golf course and/or facilities at the Club, the Association shall have the right to terminate this Agreement upon written notice to the Club. The Club agrees to provide prompt written notice of any such change in the controlling interest of the Club, its golf course or facilities to the Association. 22. COMPLIANCE WITH APPLICABLE LAWS All acts, actions and activities of the Club and its directors, officers, employees and agents shall at all times be in full and complete compliance with all federal, state and local laws, ordinances and statutes and all governmental rules, regulations, orders and directives, including but not limited to, the Americans with Disabilities Act. It shall be the responsibility of the Club to ascertain the existence and applicability of any of the foregoing and the Club shall not be entitled to rely to any extent on the Association in that regard, except as is expressly authorized by the Association in writing. The Club represents and warrants that it is currently in, and will continue to be in, full and complete compliance with all federal, state and local laws, ordinances and statutes and all governmental rules, regulations, orders and directives. 23. ASSOCIATION PAYMENT In connection with the Owner's agreement to host the Championship at the Club, the Association shall pay to the Owner ten thousand dollars ($10,000.00) on or before April 15th, 2006; provided, however, that the Owner adheres to all of its terms, provisions and agreements set forth in this Agreement. 24. MISCELLANEOUS PROVISIONS A. Automotive transportation, including golf carts, shall not be permitted on the course during Practice Days or during the Championship, except as authorized by the Association. Golf carts used on the grounds shall be electrically powered. B. The prices charged for the following shall be subject to the Association's prior approval: (1) Programs (2) Caddies (3) Food and beverages sold on the grounds and in the clubhouse The Club agrees to submit to the Association its proposed charges for programs and caddies at least six (6) months prior to the first Practice Day and for food and beverages to be sold on the grounds and in the clubhouse at least three (3) months prior to the first Practice Day. C. Both parties agree to focus on the administrative, physical, financial and other arrangements relating to the Championship which require resolution at the earliest possible date. The Club will ascertain and will inform the Association whether there are any local laws which would restrict play on Sunday. D. The Association reserves the right to approve all advertising, press releases, rate cards, stationery, newsletters, printed matter, Websites and any other matter 15 or item relating to or in connection with the Championship. The Club agrees to submit all such items and/or matters to the Association for approval prior to their printing or use, whichever occurs earliest. The Club acknowledges that advertisements for tobacco products, casinos, gambling and firearms are prohibited by the Association. E. This Agreement, and any of its terms and conditions, may not be assigned by the Club without the prior written consent of the Association. F. Formal notices between the parties shall be in writing and shall be delivered by hand or sent by the United States mail, registered or certified, postage prepaid, return receipt requested addressed as follows: If to the Association: United States Golf Association Golf House 77 Liberty Corner Road Far Hills, New Jersey 07931 Attn: John Morrissett Manager, Rules of Golf and Amateur Status With a Copy to: United States Golf Association Golf House 77 Liberty Corner Road Far Hills, New Jersey 07931 Attn: Peter Bevacqua Manager, Legal Services - Corporate Affairs If to the Club: Gold Mountain Golf Complex City of Bremerton 239 4th Street Bremerton, Washington 98337 Attn:Jim Spencer Parks Director or to such persons or addresses as shall be furnished in writing by either party to the other party. Notices and requests shall be deemed delivered when received by the Association or Club, as the case may be, and three days after the day when postmarked by the United States Post Office. G. The Club's name and location, for purposes of identification in Association literature and public notices, is: Gold Mountain Golf Complex Bremerton, Washington H. This Agreement sets forth the entire agreement and understanding of the Association and the Club relating to the subject matter contained herein and supersedes all prior agreements and/or understandings, whether written or oral, between the parties relating to the subject matter contained herein. No modifications or amendments hereto shall be effective unless made in writing and signed by the parties hereto. I. Any waiver by any party of any rights arising from any breach of terms of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other terms of this Agreement by another party. J. If any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, and such determination shall become final, such provision or portion shall be deemed to be severed and the remaining provisions and portions shall be enforced to give effect to the intention of the parties insofar as that is possible. K. Section headings contained herein are solely for the purpose of aiding in the location of general subject matter and are not intended to be used in the construction of this Agreement. L. Nothing herein contained shall constitute or be construed to constitute a partnership or joint venture between the parties. M. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. N. The parties agree that any complaint filed arising from or relating to this Agreement shall be filed in a federal or state court in New Jersey and both parties consent to the jurisdiction and venue of these courts for that purpose. O. For convenience of the parties, this Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. P. This Agreement shall have a term commencing as of the date of this Agreement and expiring on December 31 of the year of the Championship, unless otherwise terminated or extended pursuant to the terms hereof. The Association may terminate this Agreement, effective immediately, if the Club shall have committed a material breach of its obligations hereunder by delivering a written notice of termination to the Club. Q. The agreements contained in Sections 2, 14, 15, 16, 17, 18, 19 and 24 hereto shall survive and remain in full force and effect in accordance with their terms following any termination of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and duly executed as of the day and year first written above. UNITED STATES GOLF ASSOCIATION By: Name: Title: THE CITY OF BREMERTON By: Name: Title: G:Championships/APL/Agreements/2006.Gold. Mountain.3.rlf 35 EXHIBIT A UNITED STATES GOLF AS S OCIATION MARK S The following Federal service marks are registered in the name of the United States Golf Association for golf tournaments. When used in connection with promoting and advertising the Championship, the symbol ® should follow these terms. USGA® UNITED STATES GOLF ASSOCIATION® U.S. AMATEUR PUBLIC LINKS CHAMPIONSHIP® The following trademarks are owned by the United States Golf Association. For all products authorized by the United States Golf Association under this Agreement, the symbol m should follow these terms. USGA ,~a UNITED STATES GOLF ASSOCIATION U.S. AMATEUR PUBLIC LINKS CHAMPIONSHIPTM 06/12.'2003 13:1~ FAX 9057199593 USGA ~1002 MERCHANDISING GUIDELINES FOR U.S. AMATEUR PUBLIC LINKS HOST CLUBS SCHEDULE A 06/12/2003 13:1§ F~X 9057199~93 USGA ~003 TABLE OF CON'rENTS IN rKODUCTION ............................................................................................................................... 3 MERCHANDISE SAT .1RS ................................................................................................................... 4 CHAMPIONSH~ LOGOS ................................................................................................................ 5 ~A~' ~S~ ............................................................................ 7 ~RC~E ~R~S~6 ~/OR PROMO~ON .......................................................... 8 ~DITION~ POLICES .................................................................................................................. 10 E~A .......................................................................................................................................... 11 Elf 3/03 U.S. Arnat~tr~ Public Liak~: Pg 2 of 11 ~ 06;12/2003 13:1~ FAX 9087199§93 USCA ~004 INTRODUCTION This booklet contains USGA policies regarding merchandising of apparel and other items bearing USGA Championship logo$ and trademarks. It is a tool to assist our Host Clubs and manufacturers in preparing for a Championship and, hopefully, it will answer many of the questions that arise. It is the USGA's intention that the focus of each Championship remain on tho competition itself_ These policies have been developed to support that focus and retain the empha.4s on cbampio~hip play rather than on any related eommea'eial aspect. Adherence to USGA merchandising guidelines by Host Clubs is critical. Please follow them as you plan the merchandising ~spects of this ~wnt. Note: Befor~ roviowing the following guidelines, all Host Clubs should road that portion of the USGA/Host Club Agreem~mt, which pertain~ to merchancliaing for your particular Clmmpiomhip. These Agreements offe~x vary with regard to some aspect of the merchandising function and will impact your underslanding of the following policies. £ff3/03 U.5. Amateur PnblJ~ Linksl Pg 3 of 11 -- 06/12,'2003 13:1§ F~Y 9087199593 USGA ~005 MERCHANDISE SALES 1. Merchandise bearing USGA Championship loges and/or trade~narks can only be sold at the Championship site or any other area stipulated in the USGA/Host Club Agreement. 2_ Te]ephone, mail order, facsimile or hternet sales are not permissible. ~.ff3/03 U.S. Arna~ur Public Links; Pg 4 of I I 06~12/2003 13:15 FAX 9087199593 USGA [~005 CHAMPIONSHIP LOGOS APPROVAL All proposed Chsmpionship loges shall be submitted by the Host Club to the USGA for approval pr/or to use. Once the Championship logo is approved in writing by the USGA, the standards and procedures outlined in these Merchandising Guidelines apply. The approval process is as follows: 1. Each Host Club shall submit the proposed design to the USGA Merchandising and Licensing Depa~nent at Golf House. 2. The USGA will review the design. If the logo is not approved upon initial submission, the Host Club will make the revisions requested by tho USGA and resubmit the design. Once approval has been reached, the USGA will notify the Host Club in writing. 3. Tlae Host Club shall supply camera-ready logo sheets of the approved logo (10 color and 10 black/white), a list of the Pantone colors used, and a high resolution (300 dpi or above) elee~onie version of the logo in both eotor and black/white in EPS vector md ~ forma~s to the USGA Merehamlising and Licensing Deparmaent. USE 1. Approved USGA Championship logos and trademarks, incorporating the year and nme of the Cl~aupionship and the name of the Host Club, must alway~ be tho only logos or mark~ appearing on merchandise. Exceptions to this policy and sample requirements regarding manufacturer loges are explained under the "Manufactorets' LogosfNames" sectiotl. 2_ When using a Championship trademark, such as the '~.LS. Amateur Public Links," the trademark must be used in its entirety in each location. For example, a club hosting the U.S. Amateur Public l.lnks may not use '~U.S. Amateur" on the front of a cap and "Public Links" on the side of the cap, as both embroidery examples use only a portion of the entire Championship tra&mar~. 3. ~he year or number (i.e, 2004 or 79t~) of the Chaxnpionskip must alway~ be included on tbe ra~handise, either next to or in close proximity to the Championship traderaark. 4. Each Ho~t Club is permitted to we only those approved loges pe~aining to Championships held at tl~r particular club (i.e., Caves Vall~ Co~a'y Club may usc the 1995 U.S. Mid- Amateur and 2002 U.$. Senior Open loges on merchandise; but~ they m~y not us~ trademark "U.S. Open" or the U.S. Open logo on a prod~t since they have not conducted the U.S. Open.) Elf 3/03 U,S. Amateur Public Links; Pg 5 of ] I 06/I2/2003 1~:16 FA~ 9057199593 USGA ~007 5. Logo placement: a.) Apparel - Championship logos may bo placed only on the left chest or left/right sleeve of a garment. Embellished logos may be used full chest or full back b.) Hat~/caps - Lo§os may be placed on the fi'ont, side and back of hats. c.) Acc~sofics - In standard location on item. MISCELLANEOUS 1. Customer Mexchandise Bags - The only permissible logos on bags used to hold customer purchas~ arc the relevant Championship logo and Host Club logo. No other logos or identifying marks a~e allowed. 2. Merchandise Hangers - It is pe~',l~issible to ctisplay approved Cham,nionship logos o~ hanger~; however, no otb. er Iogos may be pzinted on the same hangers. Eft 3/03 U.S..~anale~.r Public Links; p~ 6 of 11 06/12/2003 13:18 FAX 9087199593 USGA ~008 MANUFACTURERS' LOGOS/NAMI/S USE 1. Apparel - 1'he mann_Factm'e~'s logo md/or name may ~pe~ on ~e s~d~ ~dc l~cl or on ~c ou~ide of a g~t, ~ w~ch c~c ~e fo~o~ng ~p~: a.) S~e - ~c ~f~s lo~/~e m~t be no ~piom~p logo ~d no I~ ~m ~ ~ ~d~ ~ ~c ~h~ dze ch~ ~bit b.) Pl~t - ~e mm~s lo~/~e m~ ~wa~ be plaid in a l~afi~ s~d~ to ~c ~io~p logo ~i~p logo on ~c ~nt of a ~hi~ ~d ~e ~ac~s Iogo/n~e on the sl~v~ or ~c ~pion~hlp logo on lo~/n~c on ~c b~k.) 2. ~er - Wi~ m~ ~ it~ oth~ ~ clot~g, ~e m~s logo/,~e must be E~icuom md a m~lc distmce ~m ~e ~i~sh~ logo. MISCELLANEOUS Merchandise Hangers - Manufacturers' logos or names are pamitt~l on merchandise hangers that do not bear a USGA trades, hark. However, ifa manufacturer's logo appears on a hanger, this hanger must be used only for that manufacturer's merchandise - not other manufacan'em' goods. Eft 3/03 U.S. Ara~t~r 1~bl/¢ l-hkS; pg 7 of 11 06,'12,'20~3 13:16 FAX 9087199593 USGA ~009 MERCHANDISE ADVERTISING AND/OR PROMOTION USGA policy stipulates: 1. Television, Radio, Print and Intemet Ads a.) USGA/Host Club Agreements vary w/th regard to the sale of logoed goods to the general public prior to and after the event; therefore, pleuse refer to the Agreement for your Cbampionsh/p, or call the USGA, to determine permissible sales. If sales to the publ/c are allowed, telev/don, radio, print and Interact ads may be used only to inform the public that goods can be purchased on the grounds of the club· Buyers must purc. h~.ee all merchandise in person at the club or other approved outlet(s). Merchandise may not be sold or orders processed through direct ma/l, over the phone, lacs/mile machfite or htemet. b.) Merchandise catalogues are not per/n/tted. 2_ Manufacturer/Player Promotions Use of players/n any capacity for product promotion is not permitted, w/th the exception that players may wear apparel sold in the merchand/se are~ 3. Manufacttu~r Identification a.) It is permi.~sible to have generic manufacturers' signage/n each section of the retail space fit strict accordance with the following: · Size of Sign - All manufacturer signs shall be identical with regm-d to size, co]or and size of letterfitg. · Size o£Letterfitg - All lettering must be identical in size among manufacturers. The type size of each l~tter shall be no more than 4 inches wide by 6 inches high· However, the type style customarily used by flae manufacturer is permitted. · Logos - Manufacturers' logos shall not appear on signs. · All signs must be inside the retail areas. b.) Manufacturer p~r, ka~ing (i.e., product pol¥ bags ~ hang mis): · Printhag of the mznufacturer's company name on the end panel of packaging so that it is displayed whe~ stacked is not acceptable. 3/03 U,$. Amateur Public L/nks; pg ~ of 11 _. (16/'12/2003 13:15 FAX 9087199593 USGA ~010 4. Manufacturer Usc of Trademarks in Adverting Manufacturers are prohibited from using any of the Licensed Marks or any USGA mark in advcrtising of a~y kind whetsoevcr, with tho exception of business-to-business catalogues and business-to-busincs9 trade show displays, providcd that tho following disclaimer statement is prominently displayed in the catalogue., brochure or display: "United States Golf Azsociation~ logos appearing in this catalogue/brochure or display are for illusu-atlvc purposc~ only. They do not imply endorsement by thc owners of the designs. Merchandise beating imprints is available for sale only to parties expressly authorized by the owners of the tLezigns." MISCELLANEOUS 1. Insgrts in customer m~rchaudisc bag~ may not be mlat~ to ordering information for Ch~pionship merchandise. 2. Cash r~gistes tapes and credit card receipts may not contain meroh~ndise ordering information or Host Club telephone numbers. Elf ]/0~ U.S. Amateur Public Links; Pg 9 of 1 [ 06/12/2003 13:17 FAX 9087199593 USGA ~011 ADDITIONAL POLICIES 1. Excess Inventory- Neither thc Host Club nor a manufactorcr is permitted to sell inventory at any location other than thc Host Club site, with the exception that a manufacturer may sell goods in a factory store that sells to employees only or may donate goods to an org~ni=ation that is approved ha advance in wr/ting by the USGA. Sell/rig logoed goods in a factory store outlet that is open to the public is not allowed. This prohibition includes th~ United State~ and all foreign countries. 2. Volunteer Uniforms - The guidet~es coveting use of Chunpionship ]ogos generally apply;, however, manufacturers' logo,s/names may n~ver appear on the o,tside of volunteer clothing md/or headwear. 3. USGA Championship logos and ~rademarks are not permitted on products related to tobacco (i.e., dgars, dgar cases or cigarette lightvrs) or ga~bling or containers of fiquor or Wil~. 4. USGA Championship logos and trademarks are not permitted on golf clubs, golf shoes, or golf gloves. ~££ ~/03 U,S, Arnulcur Public L/nAs; PS 10 of 11 ___ 06,'12,'2003 13:17 FAX 9087199593 USGA ~012 EX--mIT A Manufacturer Lo§o $iz~ Re~tri¢fion$ 2" wide X 1.1875" tall  2.5625" wide X .875" tall Circle 1.5" in diameter 3.5625"*wide X .625" tall NOTE: A manufacturer's loeo ma~t never be larger th~ half'th= size of thc Chsmnlan..hln lo~o and must never be larger than the ~i.,~..~ shown above, Eft 3/~)~10.S. Amateur P~blic Links; ~,g 11 of Il DATE SUBMITTED: June 19, 2003 BILL # 03 - I [ ~ AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: Public Hearing ~ ~5,],&~,(tt~.b',/~t Committee Meeting Date: N/A Recovery of fees for securing fire-damaged COUNCIL MEETING Date: JUNE 25, 2003 building at 2331 Wheaton Way. Department: DCD Presenter: JANET LUNCEFORD Phone: 478-5213 SUMMARY: On April 23, 2003, Public Works secured the fire-damaged building at 2331 Wheaton Way after the owner of record, Lee Goddard failed to do so. The cost of the work, including the administrative fee, totaled $1,555.75. Council must now decide if the fees are just and reasonable and how they should be collected. ATTACHMENTS: Clerk's Memo, Photographs, Resolution# FISCAL IMPACTS (Include Budgeted Amount): The revolving abatement fund would suffer the deficit of not collecting these funds. APPROVALS: ARTMENT DIRECTO~I~_-~)~5~ FISCAL/BUDGET: ~.~ CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move that Council, by Resolution # ~q ~ order that the fees in the amount of $1,555.75 incurred for securing the building at 2331 Wheaton Way be collected as reasonable abatement costs and become a lien against the property. COUNCIL ACTION: [] Avprove [] Deny [] Table [] Continue [] No Action 5( RESOLUTION A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for securing the building at 2331 Wheaton Way and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing a fire-damaged building on the property located at 2331 Wheaton Way; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personaljudgmem against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2331 Wheaton Way, now, therefore, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. That the abatement charges included in the report of the Building Official in the amount of $1,555.75 for the property located at 2331 Wheaton Way, Bremerton, attached hereto, are just and reasonable. SECTION2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. SECTION3. Severabilitv. If any one or more sections, subsections or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolmion and the same shall remain in full force and effect. SECTION4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSEl), by the City Council of the City of Bremerton this day of 20 CAROL ARENDS, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk 286 Fourth Street · Bremerton, WA 98337 · (360) 478-5275 · FAX (360) 478-5278 June 3, 2003 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, BDS II CC-' Chds Hugo, Director Re:. 2331 Wheaton Way On April 23, 2003, Public Works boarded up the fire-damaged structure located at 2331 Wheaton Way after the owner, Lee Goddard, failed to do so. The cost of the work, per the attached interfund transfer and including the administrative fee, totaled $1,555.75. I have scheduled a public hearing for June 25, 2003 for Council to decide if the fees are just and reasonable and how they should be collected. CITY OF BREMERTON INTERFUND TRANSFER CITY DEP.&RTMEN-i'S ONLY DATE 05/07/?003 /RANSFERg- 10271 COMPLETE THIS FOILM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Build/Plannmg4anet Lunce£ord TO PWO-STR~ET DIVISION FROM Abatements/DemoIitions (KEVEN'UE DEPARTMENT) {EXPENDITL'RE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: April 2003 BLAB LABOR $577.00 EQUIPMENT $31.00 MATERIALS $208.75 SALES TAX $0.00 TOTAL $816.75 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 5816.75 c'ffq. ->6CH-xq~,.c/-b4-03~ ~lffl.,o REVEN~U~EPARTMENT ~UPER(~'~OR (Sign Here) (--~'~ ~-'[ ~ EXPENDITURE DEPARTMENT SUPERVISOR eM/'/ CITY OF BRF-M~ERTON '°ag° PWO-STREET DMSION ,~B Build/Plannlng-lanet Lanceford - Abatements/Demolitio~ .,4umbers Description Regular Overtime Costs ~D~3oo22 530796 BLA~B-Board up burned out structure at 2331 Old Wheaton Way. 113a Brian Thompson 2.00 hi' $74.00 o9o9 Brian Brewer 3.00 hr $111.00 0524 Colen Corey 1.00 hr 537.00 3077 '95 3/4T FORD P/U 1.00 hr $6.00 1712 ~'ohn Corey IV 3.00 hr $I 11.00 o5s3 Mark A. Thompson 3.00 hr $I i 1.00 3025 '93 GMC I-TONDUMP 1.00 hr $7.00 osb OSB 7/16" 4x8 Graded 25.00 ea $208.75 04/23/03 so~oo2~ 530932 BLAB Clean up yard 117 N. Montgomery 052~ Colen Corey 1.00 hr $37.00 3077 '95 3/4T FORD P/U 1.00 hr $6.00 ol36 Dean Smith 2.00 hr $74.00 3o7s '95 I-TONCHEVY 2.00 hr $12.00 2a06 Peter Horish 2.00 hr 522.00 $816.75 DA'rE SUBMITTED: 5/28/03 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........ ....'" .... ' .... ' ..... " .... '--'" S~CT: Public he~ing ~d ordi~nce Commi~ee Meeting Date: 6/03/03 reg~ng zoning te~ men&ent to BMC CO~CIL MEET~G Date: 21.02 Fi~e 152(b) Footnote relating to Depa~ment: Comm. Devel6pment building heist ~thin the DW zone. Presenter: C~s Hugo, Director Phone: 473-5243 SUMMARY: On December 30, 2002, the Ci~ Co~cil adopted new Domtom development re~lations inclu~ng a limitation on maximin buil&ng heights and nmber of stories in ~e DW Domtom Waterfront Zone. On ~mh 03, 2003, the Kitsap Co~ty Comoli~ted Housing Authority applied for ~ mendment to the zoning code text to allow up to six stories rather th~ five as specified in ~e new regdations. The pro~sed ch~ge does not flter ~e m~mm allowed building heist or the amo~t of allowed building bulk. Follomng public hemng on Mamh 18, 2003, The Ci~ Pl~ing Commission voted unanimously to recommend approval of the ch~ge. ATTAC~NTS: Ordinance Ma q ~ 5~ Stuff Plying Commission minutes of public hearing FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: CITY ATTORNEY: ~CO~NDED MOTION: Move to ~ss ordimnce q ~ ~ on second reading. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance ~ COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing [] ~'q Information [~] ORDINANCE NO. ~ ~ ~, AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending BMC 21.02 Figure 152(b) Footnote of the Bremcrton Municipal Code relating to building height within the DW Zone. WHEREAS, the City Council adopted new development regulations on December 30, 2002 to implement new downtown development goals and policies that were added to the Comprehensive Plan on November 28, 2001; and WHEREAS, the City Planning Commission, on March 18, 2003, reviewed the height provisions of the DW Zone and determined that the specified configurations of floors did not meet Comprehensive Plan expectations; and WHEREAS, the City Council desires to restrict the maximum height of buildings within the DW zone while permitting for maximum flexibility in the design of buildings with respect to the allowable number of floors; and WHEREAS, a change to the specification of allowed floors is not inconsistent with other Bremerton Municipal Code provisions regulating height and bulk in the DW Zone; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. BMC 21.02 Figure 152(b) Footnote of the Bremerton Municipal Code as set forth in Exhibit A attached hereto, is hereby amended to read as follows: *The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than .q:'e six stories plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any rooftJ~ :tv,:ctt:re shall be excluded from the height determination. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Building Height Restrictions APPROVED by the City Council the day of 2003 PASSED by the City Council the day of 2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the _day of _, 2003 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development~W Zone Amendment.doc Building Height Restrictions EXHIBIT A Downtown District Building Heights Ord,nanoe# Appendix Figure 1 52(b) 6TH 5TH A 4TH 2ND STREET PUGET SOUND NAVALSHIPYARD [~AREA A: 100 Foot Height Limitation []AREA B: 70 Foot Height Limitation F'"IAREA C: 70 Foot Height Limitation, Special Consid ion (see footnote)*' e · The overall height limit is 70 feet as measured pursuant to :rton SMP Chapter § Defin'Kj,ens, Height, and WAC 173-27-030 (9), provided that in no ease at any point shall a structure be plu. s five feet ab'<Nv, e the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The of~s~ructure shall ~:~ excluded from the height determination. ~ 2 COMMUNITY DEVELOPMENT DEPARTMENT ZONING CODE TEXT AMENDMENT STAFF REPORT IPROPOSAL: Zoning Code text amendment to BMC 21.02 Figure 152(b) to allow a maximum of six stories in the Downtown Waterfront zone. DATE OF REPORT: MARCH 17, 2003 APPLICANT OR PROPONENT (FILE NUMBERS): Kitsap County Consolidated Housing Authority (PL03-0007) CONTACT: Chris Hugo, Director - Community Development Department; Phone: (360)473-5243 LOCATION OF PROPOSAL: This proposal applies to the Downtown Waterfront (DW) zone district. BACKGROUND: Amendments to the Zoning Code (BMC 21,02) to implement new 2001 Downtown Development goals and policies were adopted by the City Council on December 30, 2002. These amendments added a new section to the BMC, 21.02.152, that created two new zone classifications (DC Downtown Core and DW Downtown Waterfront) and established development standards. Among these standards is a specification of maximum building height that is presented in Figure 152(b) (Exhibit A) as three designated "Height Areas." In Height Area C, the maximum allowed building height is explained in the footnote on Figure 152(b): The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, "Height," and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than five stodes plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. In addition to maximum allowed building height, expressed as a maximum number of stories not to exceed a maximum elevation, the new standards also included a maximum floor area ratio (FAR) for buildings. The maximum attainable FAR for the DW district is 2.0 for residential projects that include specified amenities. An FAR of 2.0 means that the building total floor area cannot be more than two times the site area. For example, a site of 40,000 square feet can support a building with up to 80,000 square feet of floor space (the code lists uses and spaces that are exempt from the calculation). The floor space can be distributed on two or more floors, up to the maximum height limit of the DW zone. FAR is the primary tool for controlling the mass of buildings. Outside of any other urban design controls, it trades site coverage for increased structure height (see figures at Exhibit B). The greater the FAR allowed, the bigger the allowable building - if one structure is allowed twice the FAR of another of the same footprint, it can be twice as high. Prior to the adoption of the December 30, 2002, zoning amendments, the maximum allowed building height along the downtown waterfront was 40 feet as specified in the recently rescinded Downtown Waterfront Urban Renewal Plan. COMPREHENSIVE PLAN: On November 28, 2001, the Bremerton City Council adopted the following policy as part of supplemental Downtown Development Goals and Policies that were added to the CBD element of the 1995 Comprehensive Plan: 4. Structures should be terraced down toward the water in order to maximize views and reinforce the stepped form of downtown. View corridors in alignment with east/west upland streets should be preserved. The new goals and policies were supported by an "Illustrative Plan" map prepared by Calthorpe and Associates. The map provides a conceptual graphic expression of the goals and policies but includes no specification of maximum building heights. Dudng the public process to comment on the proposed goals and policies prior to adoption, the record appears to encourage Iow-rise development but there was no definition of "low- dse" in the proposal. However, a draft set of development regulations was presented for public review concurrently with review of the goals and policies. That draft indicated a proposed maximum building height of 60' in the proposed Downtown Waterfront (DW) zone. ANALYSIS: During both the Planning Commission's and City Council's deliberations on the Dec. 30, 2002, zoning amendments to implement the new Downtown Development Goals and Policies, there was considerable discussion about waterfront building heights. The Community Development staff presented the Kitsap County Consolidated Housing Authority's (KCCHA) expressed concerns about the impact of the 60' maximum allowed height on property it recently acquired in the DW zone. The staff also drew attention to the effect of WAC 173-27-030 (9) that defines the method of measuring building height within the jurisdiction of the Shoreline Master Program. It was noted that the definition of height in the State code could effectively limit development along the downtown shoreline to four stodes. As a response to the WAC issue, the staff offered the following revision to the draft 60' height specification: The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, "Height, ' and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than five stories plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right- of-way). The added height of any roof structure shall be excluded from the height determination. The intent of this modification was to avoid having to utilize the WAC method of measuring building height with the proposed 60' limit. Instead, the 60' was converted to the number of stories that are common within that height limit, five. Additional allowances to accommodate the declining elevation of Washington Avenue and architecturally significant roof features were included. To insure that unanticipated structure designs couldn't greatly exceed Plan expectations, an additional limitation of 70' as determined by the WAC method for measurement was also incorporated into the proposal. Finally, the 2.0 FAR bulk standard was retained, providing the most effective control over building mass. The City Council adopted the revised language as offered by staff. PROPOSED ZONING CODE TEXT AMENDMENT: Proposed revision to BMC 21.02 Figure 152 (b) Footnote: *The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than fi;m six stodes plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. The proposed amendment can be considered a minor revision to the existing development regulation, with minimal substantive effect. The ability to develop a sixth story on a building produces the corollary adjustment of site coverage, i.e., the building becomes correspondingly narrower. The overall height control of 70' still applies. While this modification may produce expanded view corridors adjacent to extended street ends, its primary benefit is the additional residential units that a sixth floor can accommodate. These units will add to the downtown resident population and add to market demand for a broader range of goods and services downtown. ENVIRONMENTAL DETERMINATION (SEPA): A Determination of Non-Significance was issued on the odginal development regulation as a non-prelect action in accordance with WAC 197-11 on July 14, 2001. The proposed text amendment is considered a minor revision to the odginal regulation with minimum substantive effect. There is no change to the bulk regulations that control the overall use intensity of a site. A memorandum that states this conclusion has been entered into the official record. DECISION CI~ITER, IA: AS provided in BMC 21.02.925, the City Council may approve an amendment if the following questions can be answered, "Yes:" (1) Is the proposed change consistent and compatible with the Comprehensive Plan? (2) Will the proposed change be consistent with all other provisions of the affected code and avoid conflicts with other codes? FINDING OF PLAN ! ZONING CONSISTENCY: The proposed zoning text amendment is intended to implement the Downtown Development Goals and Policies as adopted on November 28, 2001, and to maintain regulatory consistency with the Comprehensive Plan as provided in RCW 36.70A.040. The amendment must also be found to be consistent with all other provisions of the Zoning Code. Staff report prepared by: ~ -~ Dated Chris Hug~, Director EXHIBIT A Downtown District Building Heights Ord,nanoe# Appendix Figure 152(b) 6TH ST 5TH A 4TH ,B 2ND STREET PUGET SOUND NAVAL SHIPYARD ~IAREA A: 100 Foot Height Limitation [~AREA B: 70 Foot Height Limitation i'~'IAREA C: 70 Foot Height Limitation, Special Consid · The overall height limit is 70 feet as measured and WAC 173-27-030 (9), provided that in no case at any point shall a structure be 'ation of Washington Avenue at the site's front properly lir~e !~dge of right-of-way). The added excluded from the height determination. FLOOR AREA RATTO Floor area ratio (F.A.R.) is the relationship between a building's total floor area and its site coverage. For example, a F.A,R. of 1,0 means that there is a one-to-one relationship between allowed floor area and site coverage. To illustrate, a one-story building can cover the full site lA), a two-story building can cover up to half the site lB), and a four-story building can cover up to 1/4 the site lC). 4-story 1-story Z-story [ , { A. B. C, Similarty, a F,A,R, of 3,0 creates a three-to-one relationship 7'2-st°rv between floor area and site coverage, allowing the following building forms: (note that although these sites are the some sizes as above, the allowed 6-stary buildings are three times larger because the FAR is three times greater) 3-story A. B, C. F,A,R. is a way to control the overalt size of a building while still allowing it to be built in different shapes. It can either be short and wide, covering a lot of its site, or it can be tall and slender, leaving much of the site open, This provides architects and developers greeter flexibility in design. However, other codes can still place overall limits on the height of structures, In the second example above, a height limit of 90 feet, for example, would still not allow a twelve story building under a 30 Minutes for Approval of Planning Commission Meeting March 18, 2003 I. Call to Order The meeting was called to order by Chairman Kennedy at 5:37 p.m. II. Roll Call Those present were: Commissioner Dingfield, Commissioner Kosusko, Commissioner Nelson, Commissioner Wood, Commissioner Kennedy. Quorum certified. III. Approval of Agenda Commissioner Kennedy introduced the agenda. A motion was made by Commissioner Dingfield and seconded by Commissioner Nelson to approve the agenda as written, Called for a vote: Dingfield: yes; Kosusko: yes; Nelson: yes; and Kennedy: yes. Agenda approved as written. For the record, Commissioner Wood arrived at 5:40 pm IV. Approval of Minutes The Regular Meeting of February 18, 2003, minutes were presented for approval by Commissioner Kennedy. A motion was made by Commissioner Kosusko and seconded by Commissioner Dingfield to approve the minutes as written. Called for a vote: Dingfield: yes; Kosusko: yes; Nelson: yes; Wood: yes; and Kennedy: yes. Minutes approved as written. V. Public Meeting Chairman Kennedy moved directly to the call to the public portion. A. Call to the Public (public comments on any item not on tonight's agenda). Seeing no comments from the public, Commissioner Kennedy closed this portion of the meeting and moved onto the public meeting portion. B. Public Meeting I. Public IIearing: Commissioner Kennedy then opened the meeting up for public hearing. a. PL03-0007 - Downtown Waterfront (DW) Zone Height Area C Text Amendment. Proposal by the Kitsap County Consolidated Housing to amend BMC Figure 152(b) to alter the provisions of Height Area C to allow a maximum of six stories of building plus five feet and a roof structure. Plannino Onrnrni~inn Meefino Marah 1 R ?OOq Pa~e 1 n£ 11 Commissioner Kennedy asked the Kitsap County Consolidated Housing Authority (KCCHA) to make their presentation. Gary Tusburg presented for the KCCHA. This is the hearing on the application from the item that we discussed informally at the last Planning Commission meeting. The purpose of this proposal is to revise the text in the Downtown Waterfront zoning area. Recognizing that there is a height limit of 70 feet, there is, of course, no wish to change that height limitation. The issue that came up in the present text was that there is a limitation of five stories. It is possible under the height limitation of 70 feet, to get six stories. As most of you know, there is a plan for a set of four buildings on the waterfront that will be built into condominiums. You may well imagine then, that the sixth floor does make a significant difference in the number of people we can attract into the downtown redevelopment area. So, what we're asking you to do is to recognize and agree with us that the buildings underneath the 70 foot limit will not change the present restriction of 70 feet. However, inside that envelope - using 10 foot ceiling (I suppose), we can get six, rather than five stories. Therefore, without changing your vision of what that area will be we can increase the density and we propose to you that this is a good thing. No only from the economic standpoint, which it is obviously because it makes better use of the land purchased with public dollars - but it also brings more people into an area that we are trying so desperately to revitalize. By doing this, he thinks that we can create a more appealing building that is a little bit over the standard downtown and readily seen from the waterfront and becomes a promenade. If you wish we can go back through the proposed plan that we have for that area. We have Mr. Curt Cailison from Sienna Architectural firm if you have any further question of how that might work. He then asked if there were any questions. Commissioner Kennedy asked if there were any questions from the commission. Commissioner Nelson stated that at the last meeting (study session) you talked about the reason for the sixth story. Mr. Callison stated that if you can get more units into one of the buildings it becomes more viable economically. What we've done in order to create view corridors is not build the entire length of Washington in the downtown zone. We wish to separate it into four parcels with a wide view spread between the four parcels. This makes it even more necessary to get a little bit more height so that we can increase that density. Commissioner Kosusko asked where the proposal was with regard to the FAR (floor area ratio) of two (that is allowed). He also said he was interested in seeing some sectional representation as to how this fits. He also had a question for Mr. Hugo - We are talking about measuring the 70 feet according to the Shoreline code. He then asked Mr. Hugo to review how that measurement is done. Mr. Hugo suggested that the Commission would like to have the staff report at this time and come back to Mr. Callison. The Commission agreed. He referred the Commission to the staff report that was distributed. This report presents a fairly extensive background on the evolution of the zoning text provision that is currently in the zoning code. The new section of downtown regulations that was Plannint> C'nmmi~inn TVl~fino March 1 g 91)0q Pnoe~ ? nf adopted last December 30th to implement the Downtown Goals and Policies that were adopted by the City Council a year previously. He referred the Commission to the third page of the report which has the current language in the BMC related to height in the Downtown Waterfront zone. Right below that is a paragraph, "The intent of this modification was to avoid having to utilize the WAC method of measuring building height with the proposed 60' limit. Instead, the 60' was converted to the number of stories that are common within that height limit, five. Additional allowances to accommodate the declining elevation of Washtngton Avenue and architecturally stgni, ficant roof features were included. To insure that unanticipated structure destgns couldn't greatly exceed Plan expectations, an additional limitation of 70' as determined by the WAC method for measurement was also incorporated into the proposal. Finally, the 2.0 FAR bulk standard was retained, providing the most effective control over building mass. The City Council adopted the revised language as offered by staff" Mr. Hugo explained that the 60' height standard was the one that was in the draft regulations for two years from inception back in the fall of 2000 until adoption in December of 2002. Right up until the last minute that 60' was out there in front of the public. So, we're trying to deal with respecting the public process that created that 60'. In that public process there was no recognition of how that 60' would be implemented in a shoreline environment. I saw no discussion in the record that there was recognition that by the WAC definition in the shorelines of how you measure building height that the 60' would operatively become something less than that. Then in the next box is a proposal to change that five stories to six and an explanation of that. The proposed amendment can be considered a minor revision to the existing development regulation, with minimal substantive effect. The ability to develop a sixth story on a building produces the corollary adjustment of site coverage, i.e., the building becomes correspondingly narrower. The overall height control of 70' still applies. While this' modification may produce expanded view corridors adjacent to extended street ends, its primary benefit is the additional residential units that a sixth floor can accommodate. These units will add to the downtown resident population and add to market demand for a broader range of goods and services downtown. One of the biggest goals for the downtown effort is to add to market demand for a broader range of goods and services downtown. Then it goes on to make a statement about SEPA that relates to a memoranda that has been entered into the file. This Plannino C~nrnmi~eic~n Meet/no March 1 R ?0fig Paoe ~ of 1 1 memo essentially says that this amendment has been reviewed, but it attaches back to the original SEPA Determination as a non-project action on July 14, 2001. The staff report then notes that the decision criteria for you to approve this change, which are: (1) Ia' the proposed change consistent and compatible with the Comprehensive Plan? (2) Will the proposed change be consistent with all other provisions of the affected code and avoid conflicts with other codes ? The report then includes a finding of plan/zoning consistency that needs to be made. When you come to the end of your deliberations he said he would ask them to make findings on the decision criteria. He then asked if them were any questions. Commissioner Kosusko asked Mr. Hugo to review how the 70 feet is measured inthe Shoreline environment. Mr. Hugo said that you take thc average existing grade of the building site (footprint) and take thc average point of grade - thc building height is measured from that point of average grade to the highest point of the building, including roofs. Mechanical is not included. Commissioner Kosusko asked for clarification - is it the average grade at the perimeter of the building or the perimeter of the lot? Mr. Hugo said that it is thc average grade at the perimeter of the building. Then wc have a provision in the new downtown code in the DW zone that applies to both the DC (Downtown Core) and DW (Downtown Waterfront) zones that describes building height. This provision states that elevator towers and other pertinences like roof mechanical and parapets are excluded. It essentially would be six stories plus five feet plus a roof design and not to exceed 70 feet but excluding those other pertinences like parapets and elevator towers. Commissioner Kosusko asked again for clarification. For instance if you had a lot that had 30 feet of slope on it, you arc effectively measuring from 15 feet down the slope - is that correct? Mr. Hugo and Mr. Callison agreed that was a correct statement. Mr. Cailison said that yes - you would measure from 15 feet down the slope to 70 feet high. He said further, that like on Washington you would bc starting below the grade and going up 70 feet and you still might not eclipse 60 feet from the area. Mr. Hugo stated that the applicant had some drawings that might help illustrate this. The illustrations were helpful to me when I was wrestling with this. For a matter of consistency. Mr. Callison of Sienna Architecture introduced himself. He first answered the question of the FAR by saying that the way they have been drawing the site is in two phases. Phase one would be the northern face, north of Burwell. South would be Plannlno C'r~rnmi~gic~n Mee~tin~ March 18~ ~00~l Paoe 4 nf 11 Phase Two. The phase one site has an FAR of 1.45 calculated so far, incorporating the sixth floor. Phase two has an FAR of 1.5 calculated at this point. He offered drawings to the Commission. Commissioner Kosusko asked to see some of the drawings. There was a short discussion over the drawings, with Mr. Callison answering questions. Commissioner Kosusko, after looking at the drawings had a question about the height of the buildings. He said that the measurement was from average to the highest point of the roof structure - however, there is a line drawn that is parallel to the ground. This suggests to him that the definition would be a horizontal plane not a sloping plane on the height limit. Mr. Callison said that the reason he put the angled one in - this is building A, the average grade starts below the 33 line. So it's down here and ifI went 70 feet up straight up, that's your line. It is the same line that is just above the roof right there (pointing to the drawing). He said that drawing up the plans, he never penetrated 70 feet. Commissioner Kosusko said that it sounded to him like you would go around the perimeter of the building and find what the average elevation of the perimeter of the building was and that is the point you would measure the 70 feet from. Mr. Callison said yes, but he could not do that because it goes into other code issues (high rise issues, 75 feet), everything over 75 feet is considered a high rise. Even if he extended the line flat because of the grade. This prompted a short discussion about which point to measure from. Mr. Hugo commented, referring to the StaffReport. He stated that he made one reference to the Comprehensive Plan. It notes the one supplemental policy that was adopted in December of 2001, as a pan of the new Downtown Development Goals and Policies, number four. "4. Structures should be terraced down toward the water in order to maximize views and reinforce the stepped form of downtown. View corridors in alignment with east/west upland streets should be preserved." This line seems to better represent the intent of trying to terrace the edge of buildings down. If you had a horizontal line you could build out to the full bulk of that horizontal plane - in this case you would probably extend that upper roof all the way out if you wanted to, and split the building. This sparked another discussion of Mr. Callison's drawings and how the 70 feet are measured. The discussion was concluded by Mr. Callison saying that all the floors (of all the buildings) ended up lining up all the way across. They are stepping down the hill nicely and correlating to each other, so we don't just have all these odd buildings. It works better to start with one plaza and work from that. Plannino C'r~mmic~inn Meetino March 1R ?OOq Pac, e 5 nfl 1 Mr. Hugo stated that even though the policy talks about terracing, he thought the intent was that as you looked at the buildings from the water they should represent the form of a hill. But the building part of the sights do not drop offas dramatically as if you go further north in the same zone. That is where there is no choice but to do stronger terracing. Here it is only evident in one or two steps of the building. If we do something like lower deck townhouses or something, there would still be some of that imagery of the step buildings. All of these issues were considered as I did the staff report. Commissioner Kosusko asked about ceiling heights at street level. Mr. Cailison stated that at street level the ceiling heights will probably be 18 feet. He said that at street level these spaces will be some form of retail. Commissioner Kennedy asked if there were any further questions from the commission. There were none. She then asked if them were any questions from the public. Seeing none, the public hearing portion was closed and opened the session to the commission for discussion. A motion was made by Commissioner Dingfield and seconded by Commissioner Nelson to recommend to the City Council that we amend the zoning text. Amend Bremerton Municipal 21.02, Figure 152(b) Footnote: "The overall height limit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (9), provided that in no case at any point shall a structure be more than six stories plus five feet above the elevation of Washington Avenue at the site's front property line (edge of right-of-way). The added height of any roof structure shall be excluded from the height determination. Some discussion followed the motion .... Commissioner Kosusko stated that the commission struggled with this height issue the last go-around. In some ways it was pushing it a bit compared to what we heard from the public to allow the height in the first place (60 feet). We are not allowing any more height. It actually sounds like we might not allow any more stories on two of those four buildings. He said that he is a little torn about this. He thinks the commission may have erred too much in allowing height and we keep going and going. Considering the zoning we have in place and what the applicant is asking for, he cannot say that we cannot allow this. Maybe the chance we had to control height along the shoreline has passed because we have already allowed this. Commissioner Dingfieid said that she appreciated what Commissioner Kosusko was saying. She said that what she likes about the amendment we are proposing tonight is what it allows in terms of view corridor. It allows the applicant in this case, to make this change opens up the view corridor for the public much more. So they are actually exceeding the view corridor goals and it was public access which this project is allowing and it visually opens up the corridors as well. She told Commissioner Kosusko that she could understand his struggle... Commissioner Kosusko said that he would accept that argument except they are no where near the FAR. If adding that extra story put them at 1.95, then I would buy the argument they are allowing extra view corridor. But adding that extra story still Plannino Cnrnmi~icm lMe~e:fino March I R ?NOR Paoe 6 nf 1 1 doesn't get them close to that FAR - so it is not like they are squeezing the building down in order to add the story in order to keep under the FAR. He said that he appreciates the view that we'll have from Washington Avenue. Commissioner Wood stated that she agrees with Commissioner Kosusko about the height restriction. Her only hesitation is that in the past it did creep up to 70 feet and she wonders what kind of president is being set for future projects. They answered our questions about what it's going to look like from the street and it looks pretty good. Commissioner Nelson stated that this amendment as it states here, is considered to be a minor revision. He said that he can appreciate the view corridor it will allow, Even more importantly, from a property management standpoint - he realizes the importance of getting the sixth story and having additional units can certainly make this project more feasible. He spoke to the applicants and stated that he can support their request for this amendment. Commissioner Kosusko stated that it is a story of the most valuable units and does make the project more feasible. There was a concurrence among the commission that no additional height is actually being added. Commissioner Kennedy stated that we really aren't increasing the height. We are already at 70 feet. So, if we were saying "Let's go to 90 feet" she said that the commission would probably not recommend that. However, since we are not really , increasing that height limit, but just defining that another story can be that another story can be fit in there (if it can be), allows for future development to go to the lesser FAR and to open up the stories. It is kind of the best of both worlds. It g/ye a developer the ability to possibly go higher and get more of the view - which was consistently important to the public. This is not perfect for everyone but it is a good middle-ground. She then asked if there was any further discussion. Seeing none, she asked for the vote. Commissioner Dingfield: yes; Kosusko: yes; Nelson: yes; Wood: yes; Kennedy: yes. The motion carried. 2. Workshops: a. Update on the Comprehensive Plan and Planning Process. Mr. Paul Rogerson said that he always feels like he is preaching to the choir when he does an update to the Comp Plan to the coramission because the group are all members of the Coordinating Council. He stated that the following products have been completed: 1. Draft of the Plan Introduction Chapter. 2. Draft Element Introductions 3. Draft Land Use Element (not quite available yet), about 21 pages right now and there are a couple of sections that need to be completed. 90% draft, should be about 30 pages on completion. 4. Parametrix, our consultant is working on the Transportation Element and should be done approximately the end of this month. DATE SUBMITTED: June 4, 2003 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: June 10 2003 ORDINANCE RELATING TO COUNCIL MEETING Date: REGULATORY LICENSES AND FEES Department: Finance Departn~eni Presenter: Michael Wilson Phone: 473-5590 SUMMARY: The current provisions of certain chapters of Title 5 of the Bremerton Municipal Code relating to regulatory licenses and regulations of certain business are either duplicative of state law, outdated and/or pre-empted by state law. Additionally, the provisions of Ch. 5.80 relating to Amusement Devices would be more appropriately codified as a chapter within Title 3 and the provisions of Ch. 5.10 relating to Pawnbrokers and Second-Hand Dealers would be more appropriately codified as a chapter within Title 9. The proposed ordinance updates Title 5 relating to regulatory licenses and modifies Rate Table A of Chapter 3.01 of the Bremerton Municipal Code to eliminate certain regulatory fees consistent with the proposed changes to Title 5. ATTACHMENTS: 1) Staff Report 2) Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): Potential loss of $12,780 annually in regulatory license fees, which would be significantly off-set by reduced staff time in processing and reprocessing applications as currently required by the BMC. APPROVALS: / DEPARTMENT DIRECTOR: ..._.__ CITY ATTORNEY: ~ '= ~~__ ~?..~ _.~----~ MAYOR: FISCAL/BUDGET: OPERATIONS: .'~d,.~Ut,~'~'.-,- CONSENT AGENDA [] COUNC PRES ENT: RECOMMENDED MOTION: I move to pass the proposed ordinance on first reading. I move to approve ordinance no. on second reading. COUNCIL ACTION: [] Approve [] Deny [] 7a(~le [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 5 of the Bremerton Municipal Code by repealing and amending certain chapters relating to regulatory licenses and regulations of certain businesses; creating a new chapter, Chapter 9.20 of the Bremerton Municipal Code relating to Pawnbrokers and Second-Hand Dealers; re-codifying Chapter 5.42 of the Bremerton Municipal Code relating to Hotels and Motels to Chapter 9.34; re-codifying Chapter 5.80 of the Bremerton Municipal Code relating to Amusement Devices to Chapter 3.74; and further amending Rate Table A of Chapter 3.01 of the Bremerton Municipal Code relating to regulatory license fees. WHEREAS, the current provisions of certain chapters of Title 5 of the Bremerton Municipal Code relating to regulatory licenses and regulations of certain business are either duplicative of state law, outdated and/or pre-empted by state law; and WHEREAS, the City Council desires to update the provisions of Title 5 to eliminate duplicative and pre-empted chapters and update outdated chapters; and WHEREAS, the provisions of Chapter 5.42 of the Bremerton Municipal Code relating to Hotels and Motels would be more appropriately codified as a chapter within Title 9 of the Bremerton Municipal Code; and WHEREAS, the provisions of Chapter 5.80 of the Bremerton Municipal Code relating to Amusement Devices would be more appropriately codified as a chapter within Title 3 of the Bremerton Municipal Code; and WHEREAS, the provisions of Chapter 5.10 of the Bremerton Municipal Code relating to Pawnbrokers and Second-Hand Dealers would be more appropriately codified as a chapter within Title 9 of the Bremerton Municipal Code; and WHEREAS, the City Council also desires to update Rate Table A of Chapter 3.01 of the Bremerton Municipal Code relating to regulatory license fees to eliminate certain regulatory fees consistent with the proposed changes herein; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The following Chapters of Title 5 of the Bremerton Municipal Code entitled "Business Licenses and Regulations" are hereby repealed in their entirety: 5.12 Closing Out, Removal and Distress Merchandise Sales Regulatory Licenses 5.25 Christmas Tree Lots 5.30 Farmers Market Vendors 5.38 Theaters 5.46 Liquor Establishments 5.48 Sale and Distribution of Malt Liquor 5.54 Taxicabs 5.60 Utilities 5.76 Advertising Matter 5.84 Sound Equipment 5.98 Shuttle Bus and Limousine Services 5.99 Violation - Penalty SECTION 2. Chapter 5.10 of the Bremerton Municipal Code entitled "Pawnbrokers and Secondhand Dealers" is hereby repealed in its entirety and a new Chapter 9.20 entitled "Pawnbrokers and Second-Hand Dealers" is hereby created to read as follows: Chapter 9.20 PAWNBROKERS AND SECOND-HAND DEALERS Chapter 19.60, RCW, entitled "Pawnbrokers and Second-Hand Dealers," with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION& Chapter 5.03 of the Bremerton Municipal Code entitled "General Provisions for Regulatory Licenses" is hereby amended to read as follows: Chapter 5.03 GENERAL PROVISIONS FOR REGULATORY LICENSES 5.03.010 PURPOSE (a) It is expressly the purpose of this chapter to regulate and license certain business activities which may be injurious to public health and safety and which may affect the social well being of the City and its residents. (b) This chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. (bc) It is the specific intent of this chapter to place the obligation of complying with its requirements upon the license holder or applicant for a license. No provision of, nor term used in, this chapter is intended to impose any mandatory duty upon the City or any of its officers or employees. (ed) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any damage resulting from the failure of the license holder or applicant for a license to comply with the provisions of this chapter, or by reason of or in consequence of any act or omission in Regulatory Licenses connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents. 5.03.020 ..... ADMINISTRATIVE PROVISIONS. The provisions contained in chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. 5.03.030 DEFINITIONS. For the purposes of this chapter, the definitions contained in chapter 3.48 BMC shall apply equally to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. LICENSE REQUIRED.APPLICATIONS. The provisions of this chapter shall apply whenever a regulatory license is required by a chapter in this Title. The licensee shall be the person or entity who owns the business. Where the license applicant is a corporation, the term "applicant" shall include principal officers and managers. Where the license applicant is a partnership, the term "applicant" shall include principal partners and managers. Each applicant shall provide, at a minimum, the following information: (a) True name and any assumed names or aliases used. (b) Home address and telephone number. (c) Sex, weight, height, color of eyes and hair. (d) Date of birth. (e) Social Security number. (f) A copy of applicant's identification which must include some form of picture identification, i.e., a driver's license or Washington State identification card. (g) The business occupation and/or employment history of the applicant for the five (5) years immediately preceding the date of application. (h) Residence address(es) of the applicant for the five (5) years preceding the date of application. (i) The business name, business address, and telephone number of the proposed business. (j) A listing and explanation of all services to be. (k) A description of any other business activity to be conducted on the premises or adjoining premises owned and controlled by the applicant. (1) The principal enterprise of the business if different from the activity being licensed. Regulatory Licenses (m) Whether the applicant has ever been convicted, forfeited bail, or pled guilty to any crime, excluding minor traffic offenses. If so, state the charge and the nature of the crime, the name and location of the convicting court and the disposition thereof. (n) Written declaration by the applicant under penalty of perjury, that the foregoing information contained in the application is tree and correct, said declaration being duly stated and signed. (o) Such other relevant identification and information necessary as the City Clerk may reasonably require to discover the truth of statements made in the application. (p) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license. 5.03.04005._.~0 LICENSE ISSUANCE - FEES. (a) Application must be received by the City Clerk at least three (3) weeks prior to issuance. (b) License fees will be due upon application. The City Council shall establish appropriate fees pursuant to Chapter 3.01. gatess (1) r: ........... 5.03.~ng~n060 ~ ip~'n,~v t-,on~r'rn.~no ~nu n~,n.n'a,~' GROUNDS FOR DENIAL OR REVOCATION OF LICENSE. Regulatory Licenses (a) In addition to the other penalties provided by law, any regulatory license issued under the provisions of this title may be denied or revoked pursuant to the provisions of this chapter at any time, where: (1) The required information has not been provided or the correct license fee has not been tendered or the to the City and in the case of a check or bank draft, not honored with payment upon presentation. (2) The application is not in compliance with federal, state or local laws. (3) The license was procured by fraud, false representation or material omission of fact, or for the violation of or failure to comply with any of the provisions of this Title by the person holding such license, or any of his servants, agents or employees, while acting within the scope of their employment; or (4) The licensee or employee of the licensee violates any of the provisions of the applicable chapter under this title or any applicable city, state or federal law, including, but not limited to Chapters 3.48, 3.50, 3.86 and 5.02 BMC, or the purpose for which the license was issued is being abused to the detriment of the public, or such license is being used for a purpose different from that for which it was issued. (5) The licensee submits a false or fraudulent City tax return or makes a false statement on any City tax return. (6) The licensee falls to pay any license fee or tax to the city when due including, but not limited to any taxes pursuant to Title 3 BMC. (7) The licensee or employee has been convicted of a crime involving the business. (8) The applicant is not 18 years of age or older. 5 03 0~0070 T Tt~,~ac~ e~m~m~n~ c~ D~,xr~t- ~, '~T r~nr,,rT~r,~ DENIAL AND REVOCATION - PROCEDURE. (a) Any application for the issuance or renewal of a license issued under this title may be denied, or any license issued under this title may be revoked based on one or more of the grounds set forth in BMC 5.03.050. Regulatory Licenses (b) The Director, or designee, ("Director") having the authority to issue said license shall have the power and authority to deny the issuance of or revoke any license issued under the provisions of this title. The Director shall notify such licensee in writing by certified mail or personal service of the denial or revocation of his or her license application or license and the grounds therefore. (c) Any applicant or licensee may, within fourteen (14) calendar days from the date that the denial or revocation notice was mailed to the applicant or licensee, appeal from such denial or revocation by filing a written notice of appeal setting forth the grounds therefore with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon.. (d) No renewal or revocation of a license issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Director, and if the appeal is timely filed, the renewal or revocation shall be stayed pending final action by the Administrative Heating Examiner. All licenses which are revoked shall be surrendered to the City on the effective date of such revocation. (e) The decision of the Administrative Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. If review is sought as herein prescribed the renewal or revocation shall be stayed pending final action by the Superior Court. (f) When revoked, the license shall be canceled and immediately surrendered to the Director. Upon revocation of any license as provided in this chapter no portion of the license fee shall be returned to the licensee. (g) Upon denial or revocation, the person whose application was denied or license revoked shall not be granted a license for a business, upon any new application that may be made, for a period of ninety (90) calendar days from date of denial or revocation and further, no license shall be issued until such person cures any defaults that resulted in the denial or revocation. (h) A denial or revocation of a general business license pursuant to Chapter 5.02 BMC shall constitute an automatic denial or revocation of a related regulatory license issued under this Title to the business for which the general business license was issued, and the procedures set forth in this section shall not be applicable. cf ~ ~"'~: .... ~. r..oon 1 dcnic the Regulatory Licenses 5.03.080 FACILITY STANDARDS. It shall be the duty of the licensee and its employees to comply with fire, building, land use, sanitation and health regulations. 5.03.090 OPERATING REQUIREMENTS. It shall be the duty of the licensee and its employees to meet the following operating requirements: (a) The regulatory license shall be prominently posted in a location of public view in the licensee's place of business at all times and such permit shall not be tampered with in any manner. (b) No establishment granted a license under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertisement, picture or statement which is known or through exemise of reasonable care should be known to be false, deceptive or misleading in order to induce any person to pumhase or utilize goods or services of the business. (c) No person granted a license pursuant to this chapter shall operate the establishment under a name not specified on the license nor shall that person conduct business at any location not specified on the license. 5.03.100 SALE OR TRANSFER OR CHANGE OF LOCATION. Upon sale, lease, transfer, or relocation of a business, the regulatory license thereof shall be null and void. 5.03.110 APPLICABILITY. All persons who are required to be licensed by this chapter shall be subject to all of the conditions and requirements of this chapter, whether they actually obtain the licenses required or not. 5.03.120 RULE MAKING. The City Clerk shall have the power and duty, from time to time, to adopt, publish, and enforce roles not inconsistent with law for the purpose of carrying out the provisions hereof and it shall be unlawful to violate or fall to comply with any such role. 5.03.130 ADDITIONAL LICENSES. The issuance of a license under this chapter shall not relieve the licensee from securing any other licensee from securing any other license(s) required by federal, state or local law. 5.03.140 UNLAWFUL - VIOLATIONS AND PENALTIES. (a) It shall be unlawful: (1) For any person to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a license application or renewal or after revocation of a regulatory license. (2) For the president, vice-president, secretary, treasurer, or other officer of any company to engage in business without having obtained a regulatory license as required in this title or for a person to engage in business after denial of a regulatory license application or renewal or after revocation of a regulatory license. Regulatory Licenses (3) For any person to violate any provision of any chapter of this chapter. (b) Non-payment penalty. Failure to pay the license fee within ninety (90) days after the date of expiration shall subject the licensee to a monetary penalty in the amount of fifty dollars ($50) to reinstate the license, in addition to the required license fee. (c) Civil penalties. In addition to any other violation set folXh in this title, any violation of BMC 5.03.140(a) constitutes a civil violation under chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (d) Criminal penalties. In addition to the foregoing penalties or any violation set forth in Chapter 3.86 relating to the administration of this chapter, any person who violates or fails to comply with BMC 5.03.140(a) shall, upon conviction: be punished as described in the general criminal penalty provisions of BMC 1.12.020(2). Such person will be guilty of this violation for each day, or portion thereof, during which the business is so engaged or carried on. SECTION 4. Chapter 5.42 of the Bremerton Municipal Code entitled "Hotels/Motels" is hereby re-codified as Chapter 9.34 of the Bremerton Municipal Code and amended as follows: Chapter &4~9.34 HOTELS/MOTELS ~2,d~t09.34.010 DEFINITIONS. For the purpose of this chapter the term "hotel/motel" means and includes hotels, motels, roominghouses, lodginghouses, and any building, portion of building or group of buildings used for human habitation containing two or more rooms intended or designed to be used or which may be used for sleeping or living purposes by tourists or temporary guests for periods of less than thirty days which are rented or hired out for compensation as a business. Places where children, elderly people, invalids or convalescents are exclusively accommodated are not to be considered hotels/motels. ~1J}909.34.020 REGISTER TO BE KEPT. Every person conducting any hotel/motel shall keep a register, in which all guests, roomers and lodgers shall be required to register their names and addresses. The person in charge of registering guests shall indicate on the register the date of each registration and time and date Regulatory Licenses of departure, and shall write opposite the name or names of each such guest, roomer or lodger the number of the room or rooms assigned to such guest, roomer or lodger, and the number of any and ail rooms to which such guest, roomer or lodger may subsequently be assigned to occupy. Every hotel/motel register shall be open to inspection at all reasonable times by law enforcement officers and the heaith officials of the City, the State or other governmental agency during all t~e hours in which the hotel/motel is open for the reception of guests, roomers or lodgers. All such registration books shall be preserved for the period of at least two years. 9.34.030 VIOLATION - PENALTY. Any violation or failure to comply with any provision of this Chapter shail constitute an infraction pursuant to BMC 1.12.020. SECTION 5. Chapter 5.80 of the Bremerton Municipai Code entitled "Amusement Devises" is hereby re-codified as Chapter 3.74 of the Bremerton Municipai Code and amended as follows: Chapter $,803.74 AMUSEMENT DEVICES 3.74.010 ADMINISTRATIVE PROVISIONS. The provisions contained in chapter 3.86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein. ........ 3.74.020 DEFINITIONS. For the purposes of this chapter, the definitions contained in chapter 3.48 BMC shail apply to the provisions of this chapter as applicable unless the term is defined otherwise in this chapter. In addition, the following definitions will apply: (a) "Amusement device" means a game or device which is primarily a game of skill, including, but not limited to, games or devices requiring hand-eye coordination and/or intellectual processes, wherein achieving high scores in playing the game is determined by the skill of the players and not as a result of chance or an element of chance as a part of the game. Amusement devices may confer only an immediate and unrecorded right of replay to the players. This includes, but is not limited to, pool and billiard tables, shuffleboards, music machines, video games, pinball games, riding devices, televisions and devices for display of pictures or views on film; provided, that it does not mean or include any machine or twice used exclusively for the vending of merchandise. (b) "Amusement device owner" means a person, corporation or firm who has legal title to an amusement device, as defined in subsection (a) of this section, or who as a purchaser is entitled to possession under a retained title contract, conditional sales agreement, vendor's lien agreement or other purchase agreement of an amusement device, as defined in subsection (c). (c) "Penny arcade" means a place of business established chiefly for the amusement of its customers by the use of amusement devices and/or other types of coin-operated devices. Regulatory Licenses (d) "Shooting gallery" means a place of public amusements where bullets, arrows or projectiles of any kind may be shot, thrown in any manner or by the use of any type of force or power, projected at targets, upon payment of a fee or charge, or for other consideration. Exempted from this definition are establishments that provide electronic dart games. 5.~9.~2~3.74.030 SHOOTING GALLERIES UNLAWFUL. Because of the hazard to the public and in the interest of public peace, health and safety, it is unlawful to operate a shooting gallery or galleries in the city. 5.~.~2~3.74.040 LICENSE - REQUIRED. It is unlawful for any person, firm or corporation to own and/or operate any amusement device for commercial purposes without having first obtained and being the holder of a valid city business license pursuant to the terms and conditions set forth in Chapter 5.02 of this code. ~1OA}403.74.050 AMUSEMENT DEVICE TAX. (a) Any person, firm or corporation which owns any amusement device for commercial purposes shall be required to remit to the city a tax which shall be equal to the gross receipts derived therefrom multiplied by the rate of two percent. (b) The tax shall be payable in quarterly installments on or before the thirtieth day of the month following the end of the calendar quarter. (c) The tax remittance, as herein provided, shall be accompanied by an amusement device location schedule every calendar quarter. (d) In the event that the amusement device tax is not paid on or before the due date, there shall be added to the amount due a penalty fee as follows: (1) One through thirty days, ten percent of tax due, minimum penalty of three dollars; (2) Thirty-one through sixty days, fifteen pement of tax due, minimum penalty of four dollars; (3) Sixty-one or more days, twenty percent of tax due, minimum penalty of five dollars. (e) In addition to this penalty, the city treasurer may charge the taxpayer interest of one percent of all taxes and fees due for each thirty-day period or portion thereof that such amounts are past due. (f) Failure to make payment in full of all tax amounts and penalties within sixty days following the day the tax amount initially became due shall be both a civil and criminal violation of this section. $.o°~.~3.74.060 DISPLAY OF OWNER'S NAME AND ADDRESS ON AMUSEMENT DEVICE REQUIRED. (a) It is a violation of this chapter for the owner of any amusement device to fail to display his/her name and current address on each amusement device when in use or available for use or play. (b) It is unlawful for the owner, operator, manager, or other person in charge of any place or location to permit or allow to be used or played in such place any amusement device not having attached thereto the name and current address of the owner of the amusement device. 10 ~{~ Regulatory Licenses SECTION 6. Rate Table A of Chapter 3.01 of the Breme~on Munic]p~ Code relating to regulato~ license fees is hereby mended to read as set fo~h in Exhibit A of this Ordin~ce. The repe~ of ~y fees herein does not create a right of reimbursement of all or ~y potion of the fee p~d for a cu~ent license issued under Title 5. SECTION Z Severabili~. If ~y one or mo~ sections, subsections, or sentences of this Ordin~ce ~e held to be unconstitution~ or inv.]d, such dec~s]on sh~l not ~fect the validity of the rem~ning po~]on of this Ordinance ~d the sine sh~l rem~n in full force and effect. SECTION 8. Effective Date. This ordin~ce sh~l t~e effect ~d be in force ten (10) days from ~d after its passage, approval ~d publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President 11 ~7 Regulatory Licenses Approved this day of ., 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the _day of ,2003 ORDINANCE NO. R:~xLEGAL\Ordinances\Adnfinistration\Regulat ory Licenses- l.doc 12 ~ ~ Regulatory Licenses ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees ADMINISTRATIVE SERVICES REGULATORY LICENSE FEES 2003 RATE BMC 5.5018.06 Ambulance Co. Services Ambulance Inspections $60/veh/semi- BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days BMC 5.22 Dance/Public $265/yr or $70~30 days BMC 5.96 Erotic Dance Studios $700/yr Dancers $100lyf BMC 9.48 Fireworks Stands $100/standJyr BMC 10.24 Housemoving/Oversize Loads $600+$65/mile to .10 of a mile BMC 5.16 Mobile Food Vendor $150/veh/yr BMC 5.16 Peddlers $75/yr or $25/30days BMC 5,04 Petshops $150/yr Grooming Parlors $50/yr Animal Welfare Facilities $50/yr BMC 5.36 Special Events: Profit $675/event Table A- A13 EXHIBIT A~ ? ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees REGULATORY LICENSE FEES 2003 RATE Non-Profit $70/event BMC 5.20 Street/Sidewalk Vendors $250/yr BMC 5.16 Temporary Merchant $400/30 days BUSINESS LICENSE FEE 2003 RATE BMC 5.02 $55/yr PARKING 2003 RATE (~r~eOn-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs Parking Garage Not to Exceed $100/mo DOCUMENT REPRODUCTION FEES 2003 RATE Per Page $. 15/pg Audio or Video Tapes Cost of Tape +$8.50 Computer Disks $8.50 Certification $3.50 Blue Prints- Aerial Photos, Drawings, Maps $8/pg Documents: Medical Records $19/lSt 5 pages $.83/Pgs 6-31 $.63/Pgs 31 + Table A - A14 EXHIBIT ADMINISTRATIVE SERVICES - RATE TABLE A All Rates Listed Are "Not To Exceed" Fees DOCUMENT REPRODUCTION FEES 2003 RATE Fire Reports $.15/pg Budget $25 Annual Report $25 CHECK HANDLING FEE $40 ADMINISTRATIVE HEARING EXAMINER $150 APPUCATION OR APPEAL Table A - A15 EXHIBIT A Fiscal Impact of Repealing Certain Regulatory Licenses REGULATORY LICENSE REASON FOR REPEAL I IMPACT REVENUE LOSS Pawnbrokers/Secondhand Regulated under RCW 19.60 $ 3,225.00 Dealers Closing Out Sales State preempted jurisdiction $ Christm as Tree Lots No extraordinary regulatory purpose $ 195.00 Farmer's Market Specific to Boardwalk location $ Theaters Covered by commercial bldg fire inspections $ 1,040.00 Hotels/Motels Covered by commercial btdg fire inspections $ 911.00 Liquor Establishments Licensing live entertainment struck down by $ Court re 1st Amendment expression Sale/Distribution of Malt Lqr Never Used $ Ambulances Inspection Fee in lieu of $ Taxicab Cos. Regulated under RCW 46.72 $ 5,100.00 Taxi Drivers Regulated under RCW 46.72 $ 1,541.00 Advertising Matter Covered under BMC 6.28 Litter Control $ 768.00 Sound Equipment Never Used $ Shuttle Bus / Limo Regulated under RCW 46.72A $ TOTAL LICENSE REVENUE LOSS $ 12,780.00 ** These regulatory licenses are either never used or they are not effectively supported with a regulatory scheme. The loss of revenue is balanced by the saving of admin time that can be more effectively used in tax/license discovery and customer service. DATE SUBMITTED: June 11, 2003 BILL # 0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Wireless Telecommunications Committee Meeting Date: 6/17/03 Facilities ordinance COUNCIL MEETING Date: 6, -R 5"-6 ~ ~ "/- ~1- 03 C) ~(~; vx.o~gx.(_.~.~ Department: DCD Presenter: Paul Rogerson Phone: 478-5283 SUMMARY: At the request of the Council, the Department of Community Development has conducted a citizen process leading to the development of a draft ordinance adding a new section 21.02.335 to Bremerton Municipal Code. The new section would add standards for the siting of wireless telecommurdcations facilities in the City of Bremerton. Effected facilities include attenna arrays, equipment enclosures, support towers, and site improvements associated with so-called "cell phone" services. The proposed ordinance also includes sections discussing removal of abandoned facilities, permit processes, application submittals, etc. The proposed ordinance addresses a moritorium that expires on July 23, 2003 The propposed ordinance will be heard before the Planning Commission on June 17, 2003. ATTACHMENTS: draft ordinance~ .~fo.~C f'~.~o~'~ll' ~o.v~vx~.o~ ,~.~w~(o~ ~-~ FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: ~~~j_~ DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the ordinance on first reading. I move to pass ordinance no. on second reading t, tnir~cn' aCTION: F-I Annrove 1--] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Brcmerton, Washington, adding a new section to Chapter 21.02 of thc Bremerton Municipal Code providing standards for the siting of wireless telecommunications facilities. WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104-104, 110 stat. 56, 31-136, hereinafter the "Act") was designed to remove regulatory barriers and encourage competition among all types of communication companies; and WHEREAS, the Act ratifies the authority of local governments to regulate telecommunications services and can'iers, but also limits local government's authority in certain respects; and WHEREAS, the City Council has been reviewing its policies with regard to the zoning and placement of wireless communication facilities as defined in RCW 35.99.010 (hereinafter "wireless communication facilities" or "facilities") in the City of Bremerton; and WHEREAS, the City is facing an increasing number of applications for construction of wireless telecommunication facilities within the City and the City has not yet adopted a comprehensive telecommunications siting and design ordinance; and WHEREAS, the City must adopt ordinances, policies or plans for dealing with the inflow of telecommunication facilities to the City that will potentially deal with issues relating to the siting and development of these facilities, including, but not limited to, the following: · Zoning · Clustering of facilities · Collocation, development standards, visual impact mitigation, noise, tower construction; and WHEREAS, because the Bremerton Municipal Code does not adequately address the various impacts that wireless communications facility uses present, the protection of the public health, safety, and general welfare would be jeopardized by the establishment of such facilities prior to a review of the matter and possible adoption of new regulations by the City Council; and WHEREAS, the citizens of Bremerton would be well-served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics these facilities impose upon neighboring properties and the community as a whole; and WHEREAS, the City Council adopted Resolution Nos. 2868, 2872, and 2882 imposing a moratorium barfing acceptance for any building, land use, or development permit of Wireless Communication Facilities approval for the purpose of siting and/or development of wireless communication facilities within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the City Council on the issue of wireless communication facilities within the City of Bremerton; and WHEREAS, on June 17, 2003, the Planning Commission held a public hearing on proposed development standards for wireless telecommunication facilities; and WHEREAS, the City Council desires to adopt standards relating to the siting of wireless telecommunication facilities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTION 1. A new section, Section 21.02.335 entitled "Wireless Telecommunications Facilities" is hereby added to Title 21 Bremerton Municipal Code to read as follows: 21.02.335 WIRELESS TELECOMMUNICATIONS FACILITIES (a) Purpose and Intent. The City has received requests to site wireless telecommunications towers and antennas. The purpose of this section is to provide specific regulations for the placement, construction, modification and removal of these facilities. Pursuant to the guidelines of Section 704 of the Federal Telecommunications Act of 1996, 47 USC Section 332(c)(7), the provisions of this chapter are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless telecommunications facilities, nor shall the provisions of this chapter be applied in such a manner as to unreasonably discriminate among providers of functionally equivalent wireless services. The goals of this section are to: (i) encourage the location of towers in nonresidential areas and to minimize the total number of tall towers throughout the City, (ii) encourage the joint use of existing tower sites, (iii) encourage users of towers and antennas to locate them, to the extent possible, in areas where the impact on the City is minimal, (iv) encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas, (v) strongly encourage the providers of personal wireless services to use concealment technology, (vi) provide standards for the siting of wireless telecommunications facilities, and (vii) facilitate the ability of the providers of wireless telecommunications facilities to provide such services throughout the City quickly, effectively and efficiently. Accordingly, the City Council finds that the promulgation of this chapter is warranted and necessary: (1) To manage the location of towers and antennas in the City; (2) To protect residential areas and other land uses from potential adverse impacts of towers and antennas; (3) To minimize visual impacts of towers and antennas through careful design, siting, landscaping, screening, innovative camouflaging techniques and concealment technology; (4) To accommodate the growing need for towers and antennas; Wireless Communication Facilities (5) To promote and encourage shared use and co-location on existing structures and towers as a desirable option rather than construction of additional single-use towers; and (6) To avoid potential damage to adjacent properties through engineering and proper siting of wireless telecommunications facilities. (b) Definitions. In addition to the definitions provided in Section 21.02.070 of this Chapter, the following definitions shall apply to this section: "Abandonment" or "abandoned" means: to cease operation for a period of ninety (90) or more consecutive days unless documentation is provided to the City that negotiations are underway potentially leading to the sale, lease, or resumption of operations, in which case a wireless telecommunications facility may not be considered abandoned for an additional period not to exceed 90 (additional) days; "Antenna" means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. (1) Omni-directional antenna transmits and receives radio frequency signals in a 360; radial pattern. For the purpose of this document, an omni-directional antenna is up to 15 feet in height and up to seven inches in diameter. If otherwise meeting the definition, a whip antenna is an omni-directional antenna. (2) Directional antenna transmits and receives radio frequency signals in a specific directional pattern of less-than 360. (3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish. "Cell on Wheels" (COW) means a mobile telecommunications facility transported by a motor vehicle for temporary on-site use. "Co-location" means the placing of a wireless telecommunications antenna on an existing support structure. "Concealed" means a wireless telecommunication antenna or facility that is not evident; it is disguised, hidden by or integrated with a structure that is not a telecommunication tower; or, a personal wireless service facility that is placed within an existing or proposed structure. "Equipment structure" means a structure, shelter, cabinet, or vault used to house and protect the electronic equipment necessary for processing wireless communication signals. Associated equipment may include air conditioning, backup power supplies and emergency generators. "FAA" means the Federal Aviation Administration. "Facilities" see Wireless Communication Facility. "FCC" means Federal Communications Commission. Wireless Communication Facilities "Height" in context of this section, means the following: (1) Related to Tower I and Tower II support structures: the dimension of the tower as measured from the base of the tower at the foundation center to the top of the tower excluding antenna's (2) Related to existing or proposed buildings: height is determined as per section 21.02.220 BMC, except that the highest point of a building with a pitched or hipped roof shall be considered, for purposes of this section, to be the highest point of the roof. "Provider" means every corporation, company, association, joint stock company, firm, partnership, limited liability company, other entity and individual licensed to provide personal wireless services over personal wireless communication facilities. "Residential zones" means the zoning districts listed in the City of Bremerton Zoning Code Chapter 21.02 BMC as SF-1, SF-2, SF-3, DR, MF, CBR, MXD. "Residential Use(s)" means structures meeting the definition of Group R, Division 3 occupancies under the Uniform Building Code 1997 edition or equivalent definition as subsequently adopted by the city. "Satellite Dish" see Antenna, Parabolic antenna. "Support Structure" means any existing or proposed building, utility pole, or tower capable of supporting a wireless telecommunications antenna. Support structures include, but are not limited to, existing buildings, water towers, and utility poles and/or towers. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) "Type I Tower" means a tower up to, but not exceeding, 60 feet in height. (2) "Type II Tower" means a tower greater than 60 feet in height. "Whip Antenna" see omni-directional antenna "Wireless telecommunication facility" means facilities for the transmission and reception of radio or microwave signals used for communication, cellular phone, personal communications services, enhanced specialized mobile radio or any other services licensed by the FCC, and unlicensed wireless services including but not limited to associated equipment shelter, support tower and antenna array. (c) General provisions. (1) Not Essential Public Facilities. Wireless telecommunications facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities. (2) Exemptions. The following are exempt from the provisions of this chapter: Wireless Communication Facilities (i) Industrial processing equipment and scientific or medical equipment using frequencies regulated by the FCC (ii) Antennas and related equipment no more than three feet in height that are being stored, shipped, or displayed for sale (iii) Facilities used for the purpose of public safety by public or semi- public entities, including but not limited to police communications, hospitals communications and 911 system communications (iv) Wireless radio utilized for emergency communications in the event of a disaster (v) Licensed amatuer (ham) radio installations (vi) Satellite dish antennas less than two meters in diameter, including direct home satellite services, when an accessory use of the property (vii) Routine maintenance of otherwise permitted wireless telecommunications facilities (viii) Subject to compliance with all applicable City, State, and Federal standards, an emergency repair of a wireless telecommunications facility, provided that a permit is applied for within 30 days after completion of such emergency repair. (3) Principal or Accessory Use. Wireless Telecommunications Facilities may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation ora wireless telecommunications facility on that lot. (4) Prohibited Use. Type I and Type II towers are prohibited in single family residential zones. (d) Permits Required. (1) An application to site a wireless telecommunications facility shall be subject to the criteria set forth below for determination of the required permitting process type. Only when the application does not meet a criteria of the highest level process type shall the next process type be considered. The order of process type criteria for locating wireless telecommunications facilities, with Type I being the highest level, shall be as follows: (i) Type I Administrative Decision. a. Co-location of antennas on towers per subsection 21.02.335(g) in nonresidential zones. b. Co-location of antennas on existing support structures, excluding towers, in any zone per subsection 21.02.335(i). (ii) Type II Administrative Decision. a. New Type I towers and associated equipment and antennas in nonresidential zones. (iii) Type III Administrative Decision. a. Any wireless telecommunications facility not included above. Including but not limited to: 1. Any Type I tower in a residential zone and associated antenna and equipment enclosures. 2. Any Type II tower and associated antennas and equipment enclosures. (2) A permit shall expire consistent with the provisions of section 106.4.4 UBC, or equivalent subsequently adopted provision of building code, except that the permit for Wireless Communication Facilities construction of a wireless telecommunications facility shall expire one (1) year after the effective date of the permit approval. (3) Permit fees. Fees associated with permits and reviews required under this section will be in accord with the adopted fee schedule. (4) Other costs. In addition to the application fee, the applicant shall reimburse the City for costs of professional engineers and other consultants, mutually acceptable to both applicant and City, hired by the City to review and inspect the applicant's proposal when the City is unable to do so with its existing staffing resources. By way of illustration and not limitation, these professional services may include engineering and technical review, legal review, planning review, Hearing Examiner services, environmental review, critical areas review, financial and accounting review, soils review, and mechanical and structural engineering review. In the event that a project requires professional services beyond that which is included in the base fee, the applicant shall reimburse the City the full cost of such engineer or consultant services plus a City service change of 10% as calculated from before tax cost. (e) Standards for review and approval. In addition to any other applicable Federal, State, or local codes, standards or regulations, all projects requiring permits under this chapter shall also meet the following standards and approval criterion: (t) General. (i) All required submittals per section (f) below shall be provided unless expressly waived by the Director of Community Development or his/her authorized representative. (ii) Prior to permit approval all applications shall he accompanied with a completed Federal Aviation Regulation (FAR) 7460-1 Airspace form with applicable Agency comments if the facility is located within five (5) miles of any airport. The City may incorporate comments provided in the (FAR) Part 77 Airspace Form into its Decision as Conditions; and (iii) An agreement between the applicant and City shall be provided establishing that if technology should change and a Wireless Telecommunication Facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per section (i) (Abandonment or Discontinuation of use) below. (iv) No equipment shall be operated so as to produce noise levels above 45 dB as measured from the nearest property line on which the WCF is located, except temporary generators used during power outages and natural disasters. Such temporary use shall be for the shortest time period practical. (v) In the case of co-location, all standards set forth in subsections 21.02.335(g) and/or (h) BMC shall be met. (2) Site development standards: (i) Type I and Type II Towers shall be setback a distance equal to 1.5 times the height of the tower from non-conforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the non- conforming residential use is located. (ii) Type I and Type II towers shall be setback a distance equal to 3 times the height of the tower from any conforming residential use as measured from the wall of any supporting equipment enclosures of building or the base of the tower, whichever is nearer. The setback shall be measured to the nearest property line of the parcel upon which the conforming residential use is located. Wireless Communication Facilities (iii) Wireless telecommunications facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, location, color, stealth technologies, and/or other tactics to achieve minimum visibility of the facility as viewed from public streets or residential properties. All screening and camouflaging is subject to the approval of the city. (iv) Tower bases, equipment enclosures and cabinets and related security fencing shall be screened from public view. This screening requirement may be met in a number of ways, including use ora solid masonry wall, earthen berms, or landscaping. If landscaping is employed, it shall meet all applicable requirements of section 21.02.710 BMC. (v) In reviewing the proposed placement of a wireless facility on the site and any associated landscaping, the City may make a condition of the permit that the applicant supplement existing trees and mature vegetation to more effectively screen the facility. (vi) Type I and II towers, antennae, and any associated hardware and equipment shall be painted a non-reflective color or color scheme appropriate to the background against which the facility would be viewed from a majority of points within its viewshed. A proposed color or color scheme shall be approved by the city. (vii) Security fencing, if used, shall conform to the following: a. No fence shall exceed eight (8) feet in height; b. Security fencing shall be effectively screened from view through the use of appropriate landscaping materials; and c. Chain-link fences shall be painted or coated with a nonreflective color, and shall have a minimum three (3) foot deep area to be planted with approved plant species in a manner that will completely screen the fencing (viii) No wireless equipment enclosures reviewed under this section shall be located within required yard setback areas. (ix) Type I and Type II towers shall not be located in view corridors as defined under the Bremerton Shorelines Management Program. (x) Type I and Type II towers shall not be illuminated or have lights located upon them except as required under Federal Aviation Administration (FAA) or other State or federal regulations. (f) Required Submittals. Application for any Type I or Type II permit, and other related requests shall include any combination of site plans, surveys, maps, technical reports, or written narratives necessary to convey the following information in addition to the requirements of all other applicable ordinances. Unless otherwise adjusted by the Director of Community Development, submittal requirements will include the following: (1) Photo simulations of the proposed facility from affected residential properties and public rights-of-way at varying distances; (2) A site or combined site and vicinity plan clearly indicating the site location, type and height of the proposed tower (if any) and antenna, on-site and nearby land uses and zoning, roadways, proposed means of access, setbacks from property lines, sufficient to demonstrate that setbacks and other pertinent requirements of this chapter have been met. Such drawings shall specifically include elevation drawings of the proposed tower (if any), any other proposed structures, the setback as described in subsection 21.02.335(e)(2)(i) between the proposed facility and any nearby residential zone or use; (3) A site elevation and landscaping plan indicating the specific placement of the facility on the site, the location of existing structures, trees, and other significant site features, 7 t Wireless Communication Facilities OO I the type and location of plant materials used to screen the facility, and the proposed color(s) of the facility, and the method of fencing, and finished color and, if applicable, the method of camouflage and illumination. In the case of co-location on existing support structures this requirement may be adjusted by the Director as appropriate; (4) A signed statement indicating that; (i) the applicant and landowner (if different) agree they will diligently negotiate in good faith to facilitate co-location of additional wireless telecommunication facilities by other providers on the applicant's structure or within the same site location and (ii) the applicant and/or landlord agree to remove the facility within sixty (180) days after abandonment per subsection 21.02.3350); (5) Copies of any environmental documents required by any federal agency. These shall include the environmental assessment required by FCC Para. 1.1307, or, in the event that an FCC environmental assessment is not required, a statement that describes the specific factors that obviate the requirement for an environmental assessment; (6) Legal description of the parcel; (7) A letter signed by the applicant stating the tower will comply with all FAA regulations and EIA Standards and all other applicable federal, state and local laws and regulations; (8) Certification that the antenna usage will not interfere with other adjacent or neighboring transmission or reception functions; (9) The telecommunications provider must provide documentation that it is licensed by the FCC if required to be licensed under FCC regulations; (10) The telecommunications provider must supply documentation that it has consulted with hospitals, medical clinics, and other similar medical uses within a radius of 1,000 feet of the proposed wireless telecommunications facility and that such hospitals, clinics and medical uses testify that the wireless facility will not cause interference, malfunctions, or improper operation of any diagnostic, analytical, or therapeutic equipment uses in the care, treatment, or diagnosis of medical patients. (11) The applicant, if not the telecommunications service provider, shall submit proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; (12) All applications shall be accompanied with a completed Federal Aviation Regulation (FAR) 7460-1 Airspace form with applicable Agency comments if the facility is located within five (5) miles of any airport. The City may incorporate comments provided in the (FAR) Part 77 Airspace Form into its Decision as Conditions; (13) An agreement between the applicant and City shall be provided establishing that if technology should change and a Wireless Telecommunication Facility becomes obsolete, and the use of the facility abandoned or discontinued, the applicant shall remove facilities per section (j) (Abandonment or Discontinuation of use) below; (14) A technical report demonstrating the service requirements of the applicant and demonstrating need for the proposed facility at the location proposed, At a minimum, the technical report shall include; (i) a map of the area to be served by the tower or antenna, (ii) its relationship to other cell sites in the applicant's network including technical data related to frequencies, range, capacity etc, and (iii) an evaluation of existing buildings taller than thirty feet (30'), within one-quarter (1/4) mile of the proposed tower or antenna which from a location standpoint could provide part of a network to provide transmission of signals. The technical report should demonstrate how the proposed site fits into the providers overall network; 8 ] 0 1 ~Vireless Communication Facilities (15) An alternative sites report must be submitted. The report shall; discus all potential sites investigated, including at a minimum all nearby priority locations as listed in subsection 21.02.335(i) below; summarize technical data and other rationale as to why a potential site was not appropriate and considered further; and include a demonstration that: (i) the applicant has contacted the owners of structures in excess of thirty feet (30') high within a one-quarter (1/4) mile radius of the site proposed and which from a location standpoint could provide part of a network for transmission of signals; (ii) asked for permission to install the antenna on those structures; and (iii) access/location was denied for reasons other than economic feasibility; and (16) When there is a technical disagreement relating to location, height or related issues the City and the Applicant may retain a mutually acceptable technical expert in the field of RF engineering to provide technical advise to the City on the proposal. The cost for such a technical expert will be at the expense of the Applicant. (g) Co-Location on Type I and Type II towers. Type I and Type II towers permitted under this Chapter shall be designed to accommodate co-location. The following provisions shall apply: (1) All new Type I Towers shall be designed to accommodate at least one additional provider. Type II towers shall be designed to accommodate at least two additional carriers. The City of Bremerton may deny a project for a Wireless Telecommunications Communication Facility if co-location is not provided. (2) Additional tower height provided for co-location shall be the minimum needed. Separation between existing and potential additional antenna arrays shall not exceed (15') unless a technical rationale for a larger separation, acceptable to the City, is provided during permit approval for initial tower construction or for any modification of existing towers adding tower height. (3) An owner of a Type I or Type I1 Tower approved under this Chapter may not deny a Wireless Provider the ability to co-locate on their facility at a fair market rate or at another cost basis agreed to by the affected parties. (4) In the event co-location is found to be not feasible, a detailed written statement or report demonstrating the reasons for the unfeasibility shall be prepared by the applicant. The City and the applicant may retain a mutually acceptable technical expert in the field of RF engineering to review the applicant's unfeasibility report. The technical expert will provide comments on the tmfeasibility report and provide comments on how the facility could be designed to accommodate co-location if possible. The cost for such a technical expert will be at the expense of the applicant. (h) Co-location on Support Structures other than Type I and Type II Towers Wireless telecommunications facilities may be co-located on existing or proposed support structures other than Type I or Type II towers under the following conditions; (1) Type I and Type II towers may not be placed on any other existing or proposed support structure; (2) Whip antennas may exceed the structure height by a maximum of 15 feet, and other omni-directional antennas may exceed the structure height by a maximum of 10 feet; (3) Wireless telecommunications facilities may be mounted on one or more building facades or on one or more sides of a mechanical equipment enclosure; (4) The wireless telecommunications facilities of one provider, including all appurtenances and screening, shall not exceed 5% of any facade of a building. The wireless 9 [ 0~. Wireless Communication Facilities telecommunications facilities of all providers located in the support stmcture shall not exceed 10% of the building faCade; (5) Exterior equipment structures placed on existing support structures may not exceed 500 cubic feet with a 5-foot height limit above existing building height in residential zones; and (6) Antennas may be attached to ball field light standards, electrical transmission towers, water tanks or existing utility poles, provided that: (i) In residential zones, supporting equipment enclosures and structures shall be in side or rear yards and otherwise adhere to the building setback requirements of the zone, and (ii) Utility poles in any zone shall not be extended or replaced such that overall height is increased more than 20 feet above the pre-existing pole or the average height of existing poles within 300 feet whichever is less. (i) Priority of Locations and Consideration Process. The order of priorities for locating new personal wireless service facilities shall be as follows: (1) Place antennas and towers on public property if practical. (2) Place antennas and towers in districts zoned BP (Business Park), (1P) Industrial Park, or (IG) Industrial General. (3) Co-locate antennas on appropriate rights of ways and existing structures, such as buildings, towers, water towers and smokestacks. (4) Place antennas and towers in other zone districts which do not adjoin or adversely impact residential neighborhoods. (5) Only after an applicant has provided an alternative sites report per subsection 21.02.335(1)(11) that demonstrates that priority sites per this section have been investigated shall other sites be approved. (j) Abandonment or Discontinuation of Use. (1) At such time that a provider plans to abandon or is required to abandon, the operation of a wireless telecommunications facility, such provider will notify the City Department of Community Development by certified U.S. mail of the proposed date of abandonment. Such notice shall be given no less than 30 days prior to abandonment. (2) In the event that a licensed provider fails to give such notice, the personal wireless facility shall be considered abandoned. (3) Upon abandonment, the provider shall physically remove the wireless telecommunications facility within 180 days from the date of abandonment. "Physically remove" shall include, but not be limited to: (i) Removal of antennae, mounts, equipment cabinets and security barriers from the subject property. (ii) Removal of Type I or Type II towers. (iii) Transportation of the antennas, mount, equipment cabinets, security barriers, and towers to a location outside of the City of Bremerton. (iv) Restoring the location of the personal wireless facility to its natural condition, except any remaining landscaping and grading. (k) Maintenance. (1) Wire less telecommunications facilities shall be maintained. For purpose of this section, maintenance shall include but not necessarily be limited to the following: 10 A .~ V~ireless Communication Facilities l (i) keeping of all plant materials used for screening in a live and health condition; (ii) regular painting of towers, enclosures, fences and all paintable items on the site such that mst, peeling paint, or oxidation is not evident; (iii) repair of any loose or hanging equipment or parts; and (iv) replacement of missing plants, fencing or fencing parts, or other portions of towers, enclosures, and other equipment. (1) Enforcement. Violations of this section, Section 21.02.335, shall be subject to enforcement pursuant to Section 21.02.940. SECTION2. Effective Date, Repealer, Revival of Moratorium. Upon the effective date of this ordinance the moratorium imposed on the acceptance and processing of applications for land use permits for wireless telecommunications facilities established by resolutions No. 2868, 2872 and 2882 is repealed; provided, however, that if this ordinance or any portion of this ordinance is held to be void for any reason, the moratorium therein established shall be immediately reinstated for a period of six (6) months to allow the City to formulate and pass new provisions. SECTION3. Severabilit¥. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of _, 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey 11 .t Wireless Communication Facilities l 0 PUBLISHED the day of ,2003 EFFECTIVE the .day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\Wireless Communication Facilities.doc 12 0,/~ Wireless Communication Facilities i City of Bremerton Department of Community Development 2003 Zoning Code Amendment Staff Report Applicant or proponent (file number): City of Bmmerton (PL03-0027) Date of Proposal: June 25, 2003 Proposal: Amend Chapter 21.02. Bremerton Municipal Code (Signs) by adding new section 21.02.350 entitled Wireless Telecommunications Facilities. The new section would add siting criteria for the placement of new antenna arrays, support structures (towers), equipment enclosures, and site improvements related to wireless telecommunications (commonly called cell telephone) facilities in the City of Bremerton. Contact: City of Bremerton, Department of Community Development: (360) 478-5275 Background: Procedural History Procedural History Resolution 2868, establishing a moratorium on acceptance of applications for, or any building, land use, or development permit or approval for the purpose of siting and/or development of wireless telecommunications facilities in Bremertun was passed by the City Council on July 24th, 2002. Subsequently, a public hearing was conducted and findings of fact supporting the action were adopted by Resolution 2872, passed by the City Council on August 14th, 2002. Resolution 2872 establishes that the moratorium expires on January 23~t, 2003. Basis for the Moratorium Resolution 2871 adopts findings of fact that establish the basis for the moratorium. In summary, those findings establish that the City Council felt that time was needed to review City policy and regulations regarding wireless telecommunications facilities - commonly called "ceil towers". The findings state that thc Council felt that such towers may be detrimental to the public health, safety and welfare, and that potential impacts needed to be studied in greater depth. In addition the council stated that the City should address issues including zoning, clustering, collocation, development standards, visual impact mitigation, and construction -just to name a few. The Council also formally noted that such moratoria were allowed under RCW 35.63.200. Moratorium Extended On December 17, 2002, the Planning Commission recommended that additional time be given for the formation of a citizen's workgroup charged with responsibility to recommend potential additions and amendments to city codes related to regulafion of wireless telecommunications facilities. On January 22, 2003, the Council concurred and adopted Resolution 2883 extending the moratorium until July 23, 2003. Staff was instructed to form a citizen committee and return before that time with recommended changes to city codes. 106, Citizen process A citizens group was formed consisting, as instructed, of two members of the Planning Commission, two members of the Comprehensive Plan Coordinating Council, two representatives of the telecommunications industry, and two at-large citizens. The group met on five occasions during March and May 2003, developing the recommended amendments to Bremerton Municipal Code discussed in this staff report. Planning Commieeion recommendation: The Planning Commission conducted a public hearing on June 17, 2003. At the conclusion of the Planning Commission hearing, the Commission approved a motion recommending approval of the draft ordinance with two amendments. The recommended amendments are included in the draft ordinance attached. The Planning Commission minutes will be provided before the hearing. Review of Recommended Amendments to Zoning Code This staff report will discuss each sub section of the new section of BMC discussed in the ordinance. Discussions will attempt to summarize the most notable features of a proposed code subsection. For full details, refer to the attached ordinance. Subsection 21.02.335(a) Purpose and Intent This subsection accomplished several goals. First it establishes that the City does not intend to prohibit wireless telecommunications facilities in a manner that would violate the Fedemt Telecommunications Act of 1996. Second, the section establishes the general goals of the remainder of the code section. Most notable of these goals is to protect residential areas, encourage co-location, encourage mitigation of various impacts, and facilitate successful provision of services. Finally, the subsection presents findings that are adopted by the City. These include the finding that it is necessary to protect residential areas, minimize impacts, accommodate a growing need for the technology, and avoid damage to adjacent properties. Subsection 21.02.335(b) Definitions The definitions subsection provides definitions of terms unique to the wireless telecommunications section. Most notable are definitions that clarify that "support structures" may be either existing buildings or structures or so-called "towers". Towers are defined as having two types based on height. Other terms may be discussed in this staffreport as necessary to clarify the intent and effect of the proposed ordinance. Subsection 21.02.335(c) General Provisions This section clarifies several issues related to the wider spectrum of City Codes and State land use law. First it is clarifies that WTF's are not essential public facilities as defined under the Growth Management Act and therefore are not subject to rules requiring widespread allowance of those types of facilities. The subsection also lists types of equipment or facilities that are exempt from all effect of the WTF's section. Notable here is the exemption of radio equipment operated by emergency providers and the like, small home satellite dished for TV reception, emergency repairs, and ham radio installations. Finally, this subsection clarifies that a WTF may be the primary use on a property (or a secondary use). Subsection 21.02.335(d) Permits Required. This section establishes which permit process a particular type of WTF project must go through. In sum, smaller projects - such as placing an antenna on an existing building, or an antenna on an existing tower in a non-residential zone - may be permitted by an administrative Type 1 process. Type I decisions are made by the Director of Community Development without public hearing. It is important to note that the Director must still review the application under all relevant provisions of the ordinance, however. to7 New Type I towers in non-residential zones must go through a Type II process - this may require a public hearing if the Director so determines. Type I towers are the smaller of the two tower types and cannot exceed 60 feet in height as defined in section 21.02.350(b) definitions. All taller (Type II) towers, and smaller (Type I) towers in a residential zone, are subject to a Type III Special Use Permit process. This includes a public heating before the Hearing Examiner. Subsection 21.02.335(e) Standards for review and approval This subsection established the criteria under which all applications for a wireless telecommunications facility are reviewed - regardless of the process being employed. A complete understanding of this section requires a detailed reading of the ordinance language. What follows is only a general summary of several selected points. An applicant must demonstxate that; 1) he has signed an agreement with the City in which he agrees that he will remove abandoned facilities (21.02.350(e)(1)(iv)); 2) Any proposed tower is setback from residential properties a distance equal to 1.5 times the height of the tower if the residence is a non-conforming use in a non-residential zone, or 3 times the height of the tower from any residence in a residential zone (21.02.350(e)(2)(i and ii)); 3) WTF facilities shall be camouflaged by using materials and colors that blend with surroundings; 4) sites must be screened with landscaping, walls, etc; 5)security fencing must be provided and screened; and 6) towers shall not be located in view corridors. Subsection 21.02.3350) Required Submittals This section lists drawings, informational materials, and agreements that the applicant must provide as part of a complete application for a wireless telecommunications facility. Once again, this section requires a full reading for complete understanding. The following is a summary will not discuss submittals that are widely understood, such as site drawings and designs. The applicant must submit a signed statement agreeing that it will negotiate in good faith with other wireless providers to allow co-location of other's antenna's on an existing tower or on the same parcel/site. The applicant must provide an agreement with the City that it will remove obsolete or abandoned facilities. The applicant must submit a technical report (detailed more extensively in subsection 21.02.350(0(13)) demonstrating the need for the facility proposed at the location proposed. The applicant must submit an "altemative sites report" demonstrating that it has investigated other potential locations for the facility that are listed as "priority locations. (see section 21.02.3500)). Finally, this subsection establishes that disputes regarding the technical reports will be resolved by a third party expert - agreeable to both the applicant and City - paid for by the applicant. Subsection 21.02.335(g) Co-location on Type I and Type II Towers This subsection establishes standards and requirements related to placing additional antenna arrays on existing "cell-towers" (co-location). It addresses both the larger and smaller types defined within the ordinance. It sets a requirement that all newly constructed towers be designed to allow co-location of at least two additional WTF providers. It establishes that that additional tower height designed for future co- locations shall be the minimum necessary (defined as based on maximum 15 foot separation between arrays). Finally, the subsechon provides that the applicant my provide a report demonstrating that allowing co-location is not feasible The City may retain an expert acceptable to the applicant to review such a report. Subsection 21.02.335(h) Co-location on Support Structures other than Type I and Type II Towers Standards for locating antenna arrays on support structures other than towers are provided. These other types of support structures may include existing buildings, utility poles, water tanks, etc. The subsection establishes maximum heights for various antenna types, and the proportion of building roof area and facade that can be covered by a facility. In addition, the subsection establishes that, when antenna arrays are located on light standards, electrical towers, water tanks, and existing utility poles, the associated equipment enclosures (if any) cannot be placed in a front yard and that such co-location shall not exceed the height of nearby existing utility poles by more than 20 feet. /08 Subsection 21.02.335(i) Priority Locations and Consideration Process This subsection creates a "priority" list of locations where the public prefers wireless telecommunications facilities to be located. They are list in priority order. This list is referenced by the application submittals section. Applicants must submit a report demonstrating that they have investigated locating their proposed facility on any and all available types of properties on this list. The section provides that he City will not approve other sites until this investigation report has been provided. The priority locations (in order) are 1) public property, 2) business park and indus~al zones, 3)co-locating on existing structures, and, 4) zones (other than business park and industrial) that do not adjoin or adversely impact residential neighborhoods. Subsection 21.02.335(]) Abandonment or Discontinuation of Use This subsection requires the wireless provider to remove facilities that are no longer in use. The City must be notified 30 days before such abandonment and the facility removed within 180 days after. Subsection 21.02.350(k) Maintenance This subsection requires the provider to perform regular maintenance including painting, repairing of damage, and replacing dead or missing plants, fencing, and screening. Decision Criteria: Text amendments to the zoning code are legislative matters. As such, there are no formal criteria for review save compatibility with the comprehensive plan. The 1995 City of Bremerton Comprehensive Plan -Utilities Element, includes a goal statement and related policies regarding the design of public utilities and antennas and towers specifically. This is the policy language most applicable to wireless telecommunications facilities in the document. This goal and policies are as follows; GOAL: Facilitate the provision of utilities that are environmentally sensitive, safe and reliable, and aesthetically compatible with surrounding land uses, and available at reasonable economic costs. Policies 1. Minimize visual impacts of antennas and towers on surrounding neighborhoods and other view sensitive areas such as parks 1.a. Encourage siting of antennas and towers in industrial areas and commercially designated areas and near transportation and utility corridors 1 .b. Encourage shared sites and towers to minimize the need for new towers (Utilities--page 4, 1995 City of Bremerton Comprehensive Plan) Staff Recommendation: Staff recommends that the proposed ordinance is consistent with the 1995 Comprehensive Plan. Environmental Determination: A Determination of Non Significance was published on June 21,2003 and was final on publication. Date and Method of Public Notice: Notice of Public Hearing was published in the Bremerton Sun on June 21, 2003. Staff Report Prepared by: Paul Rogerson, AICP, Planning Manager Attachments: Exhibit 1: Planning Commission minutes June 17, 2003 (pending) /10 DATE SUBMITTED: June 11, 2003 BILL # 03 '" tlq AGENDA BILL q ~ CITY OF BREMER. TON CITY COUNCIL SUBJECT: Off-premises Sign Ordinance Committee Meeting Date: 6/17/03 COUNCIL MEET[NG Date: ~-,R.~"wO.'g ~ 7- Depar~nent: DCD Presenter: Paul Rogerson/Chris Hugo . Phone: 478-5283 SUMMARY: At the request of the Council, the Department of Community Development has conducted a citizen pr°cess leading to the development of recommended changes to the sign chapter of the zoning code. The proposed ordinance recommends that off-premises signs, vehicle mounted signs, and most billboards be added to the existing list of prohibited sign types. It also suggests new siting standards for "sandwich board" signs and additional mechanisms for amortizing non- canfonning signs. . . This proposed ordinance addresses a maritorium that expires on July 23, 2003. This proposed ordinance was recommended for approval by the Planning Commission on May 20, 2003. ATTACHMENTS: Draft ordinance, Staff report for Planning Commisson public hearing FISCAL IMPACTS (Include Budgeted Amount): none APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: RECOMMENDED MOTION: I move to approve ~e proposed ord~ce on F~st read~g. I move to pros ord~ce no. on second read~g. COUNCIL ACTION: Approve Deny Table Continue No Action ORDINANCE NO. AN ORDINANCE amending Chapter 21.02 of the Bremerton Municipal Code relating to the regulation of off- premises signs, including standards for sandwich board signs and a process for the amortization of non-conforming off-premises signs. WHEREAS, on July 24, 2002, the City Council adopted Resolution No. 2868 imposing a moratorium barfing acceptance and approval of any building, land use, or development permit for off-premises signs within the City of Bremerton until additional review had been completed and any necessary code revisions had been adopted by the City Council on the issue of off-premises signs within the City of Bremerton; and WHEREAS, On August 14, 2002, the City Council, after public hearing on the matter, adopted Resolution 2871 providing findings of fact as required under RCW 35.63.200 and continuing the moratorium until January 23, 2003; and WHEREAS, on January 22, 2003 the City Council, after public heating on the matter, adopted Resolution 2883 extending the moratorium for six months which will expire no later than midnight, July 22, 2003; and WHEREAS, the City has convened a public process to develop recommended amendments to Bremerton Municipal Code related to off-premises signs; and WHEREAS, the Planning Commission of the City of Bremerton conducted a public hearing on the matter and has recommended adoption of the amendments; NOW, THEREFORE, THE CITY COLrNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 21.02.330(b) of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: (b) Definitions: (1) Abandoned Sign. Any nonconforming sign, including its structure and other components, which is located on vacant property or an unoccupied building for a period of six months or more and which, during that time, is not used for legal sign purposes; or which relates to a time, event or purpose which no longer applies; and/or which has been allowed to deteriorate to become a public hazard or eyesore. (2) Alteration. Any change in the size, shape, method of illumination, position, location, construction or the supporting structure of a sign. (3) Area of a Sign. The total space within the frame or outer dimensions of a sign and including any logos or other artistic or architectural features that am directly related to 1 Off Premises Signs or an integral part of the sign, in the opinion of the Director. (See BMC 21.02.330(g) for measurement information.) (4) Awning/Canopy. A temporary or movable shelter (awning), or a fixed rigid shelter (canopy) supported entirely by the exterior wall of the building and generally extending over a pedestrian walkway. When used in conjunction with signs, only that portion of the awning or canopy that is actually used as a sign shall be included in sign area calculations. Lighting of the awning or canopy, whether directly, indirectly, or by back-lighting shall have no effect on the sign requirements, unless lighted signs are specifically prohibited in that area or zone. (5) Billboard. A sign structure subject to the provisions of this chapter erected for the purpose of leasing advertising space to promote an interest other than that of an individual, business, product or service available on the premise where the billboard is located. (65) Bulletin Board/Kiosk. A permanent sign structure intended to accommodate changeable copy, such as private or public notices, special event information, and other short-term messages, and generally at a scale suitable for pedestrians and not intended to be read by passing motorists. These signs are exempt from sign permits and size requirements if they are provided for the use of the general public and not for commercial advertising purposes. (~6) Changeable Copy/Message Center/Readerboard Sign. A permanent sign structure that may be internally or externally illuminated and intended to accommodate changeable lettering, numbering, graphic displays, or other short-term messages. Generally used for commercial advertising or for public service announcements of current or coming events. (Also see: Public Information/Identification Sign.) (8g) Construction Sign. A sign that relates directly to a construction project taking place on the premises and may include such information as the name of the project and contractors, phone numbers, completion dates, and similar information about the project. (98) Directional Sign. A permanent sign which is designed solely for the purpose of directing motor vehicle, pedestrian, bicycle, or other traffic, or individuals, toward a specific destination or route. 10_09) Free-standing Sign. A sign that is supported by columns, uprights, or braces in or upon the ground and not attached to any building. (11~14~) Frontage. The actual length of the front property line abutting a street or alley (if no street frontage), or the length of the property line of a flag lot that most closely parallels the street it most directly relates to. (12M-) Grade. The level of the surface of the gmnnd that lies immediately below a sign or proposed sign location. When a slope is involved, the grade shall be the average of the levels at each supporting member of the sign's structure. (13J~3) Identification Sign. A sign intended solely to inform the public of the use of a property, building, office, or premise, and which may typically include the address, suite number, or other identifying information, but that does not include advertising or messages that are not necessary for the identification of the premises. (1,113) Illegal Sign. Any sign or advertising device which was erected or altered in violation of the sign codes in effect at the time of such action and which remain in violation of existing codes. (1544) Incidental Signs. Signs that are intended for the convenience of the public, which are informational only, and which do not include the advertising of products or 2 Off Premises Signs services. Such signs include business hours signs, credit card signs, entrance and exit signs, and similar signs, some of which may be required by law for safety purposes. (16~5) Maintain. To allow to exist or continue to exist. Also, where the context indicates, to keep in a safe, neat and clean condition. (1746) Marquee. A permanent roofed structure attached to and supported by a building and projecting away from the building, usually over a public walkway and typically common to theaters. A marquee itself is not a sign, but is commonly used to support signs. (181:7) Moving, Flashing, or Animated Sign. Any sign that includes action or motion, including flashing lights, color changes, revolving or waving actions other than wind actuated elements such as flags, pennants, banners, and similar devices. These types of signs do not include time/temperature signs, nor electronic or electric reader-board or message center signs with messages that change no more frequently than two second intervals. (194,g) Multiple-building Complex. A group of structures housing a combination of business, office, residential, or other uses, and which shares a common area, access, parking and/or other facilities. (204-9) Multiple-occupancy Building. A single building housing more than one retail business, office, commercial venture or other allowed land use. (212-0) Nonconforming Sign. A sign that was legally established, but no longer conforms to the current sign standards of this Section. (22) Off-Premises Sign. Any sign or type of sign that contains a message or directs attention to a business, profession, product, event, activity, or service that is not related to a use or activity conducted or offered on the premises or at the location where the sign is located, excluding official road direction signs but including the sign face(s) that contain(s) the message or direction noted above, as well as the pole or other structure upon which the sign face is attached. Off-premises signs include off-premises banners and signs carried by human beings or live animals when carried on the public right-of-way or any off-premises location. (2324) Portable Sign. Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. A-frame or sandwich board signs and movable readerboard signs are examples. (24) Premises. Contiguous land in the same ownership or control not divided by a street or public right-of-way. (2522) Projecting Sign. A sign, other than a wall sign, which is attached to and projects from a structure or building facade and the face(s) of which is not parallel to the building's facade. This sign may be supported by a structure in addition to its building or wall support. (1624) Public Information/Identification Sign. A sign intended solely to inform the public of events or activities of community interest, to identify the entrance to or exit from the City or a district or neighborhood within the City, and which does not include the advertising of any business, product or service of a commercial nature, nor any logo, symbol, or other indication of a commercial message or sponsorship. (27) Sandwich board sign. (also known as A-board sign): A portable sign constructed of two equal or roughly equal portions, hinged at the top such that when placed on the ground the sign is self-supporting. Sandwich board signs typically form the shape of a letter "A" when opened and resting on the ground. (2524) Sign. Any communication device, structure, or fixture which is intended to identify a building, place, use, business or event, to make a statement, or to promote the sale 3 I I~ Off Premises Signs of products, goods, or services using graphics, letters, figures, symbols, trademarks, or written copy is a sign. Painted wall designs or patterns of an artistic or architectural nature which do not represent a product, service or registered trademark, do not identify the user, and do not otherwise meet the above definition, are not considered signs. Ifa design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered part of the sign. (29~-5) Sign Structure. Any structure specifically intended to support a sign, and which may include supports, uprights, braces, framework, or other members needed for support. (30~6) Temporary/Special Purpose Sign. A Sign that is not permanently affixed and which is intended for short-term use, such as to advertise a specific activity such as a special promotion, sale, or fund-raising event. Signs advertising property for sale or rent, political or election-related signs, and garage/yard sale signs are other examples, as are banners, flags, pennants, searchlights, and balloons and similar devices. (See Figure 330.) (31) Vehicle or trailer mounted sign. A sign placed or maintained on a stationary automobile, track, trailer, or any other motor-driven vehicle which would otherwise be prohibited. Vehicle or trailer mounted signs do not include signs painted or placed on commercial vehicles announcing or advertising the regular business activity of the vehicle owner. Vehicle or trailer mounted signs do not include signs on vehicles for sale at a licenses sales lot. Vehicle or trailer mounted signs do not include signs on public transit vehicles including busses and licensed taxi-cabs. 3(~-2--7) Wall Sign. A sign attached directly to or erected against the wall of a building with the face parallel to the facade of the building and extending no more than twelve inches from the wall. SECTIONZ Section 21.02.330(0 of the Bremerton Municipal Code entitled "Prohibited Signs" is hereby amended to read as follows: (0 Prohibited Signs: The following signs are prohibited within the City limits of Bremerton and shall be subject to removal through amortization or other means: (1) Strobe lights and signs containing strobe lights or any other flashing, moving or animated features that are visible beyond any property line. Readerboard or message center signs that change copy no more frequently than two second intervals, and time/temperature signs are exempt from this provision. (2) Signs placed or painted on any motor vehicle or trailer that is not operable and routinely used to transport or provide the goods or services being advertised, or that is parked with the primary purpose of providing a sign that would not otherwise be allowed. (3) Any private sign placed within a public right-of-way, on a public sidewalk, or overhanging a public right-or-way; except that signs overhanging a public sidewalk may be permitted if there is a minimum of eight feet of vertical clearance between the sidewalk and bottom of the sign. (Publicly-owned or installed signs not included.) (4) Any sign that is determined by the City Engineer to be a hazard to public safety due to its design, materials, physical condition, or placement. (5) Signs painted, attached to, or otherwise supported by rock formations, utility poles, trees, or other plant materials. (6) Bench signs, when installed within the public right-of-way. When on private property, the size of a bench sign will be counted toward the total allowable sign area. 4 /l~ Off Premises Signs (7) Portable signs within an)¢he public right-of-way except sandwich board signs per Section 21.02.330( ), and when obstructing a pedestrian walkway, bikeway, or driveway on private property. (8) Off-premises signs. (9) Vehicle or trailer mounted signs. (10) Billboards. SECTION3. Section 21.02.330(h) of the Bremerton Municipal Code entitled "Sign Placement Requirements" is hereby amended to read as follows: (h) Sign Placement Requirements: (1) All signs, including supporting structures, shall be erected or placed totally within the boundaries of the site and not within any public right-of-way, with the following exceptions: i. Public authority and other traffic-related signs. ii. Approved signs overhanging public walkways. iii. Approved sandwich board signs per section 21.02.330(s) BMC. (2) Vision clearance areas shall be maintained at all intersections of private and public roadways, alleys, and driveways, to prohibit any sign within fifteen feet (15') of such intersections (see illustration). (3) A vision clearance setback shall be maintained a distance of at least ten feet (10') from the edge of any existing roadway or from the proposed edge of a planned road or road proposed to be widened. Any sign located within this strip shall be either (a) lower than thirty-six inches (36") above grade, or (2) higher than eight feet (8') above grade. Any posts or other supporting structures shall have a diameter no greater than twelve inches (12") within this area. (4) A pedestrian clearance vertical distance of eight feet (8') from grade or sidewalk to the lowest part of the sign is required for any sign extending over public sidewalks or other walkways. (5) A projecting sign may extend beyond the property line and over a public pedestrian walkway for a maximum distance of six feet beyond the property line, but in no case shall a sign extend beyond the sidewalk and over a street or other area used by motor vehicles. (6) Free-standing signs shall not extend beyond property lines. SECTION 4. Section 21.02.330(p) of the Bremerton Municipal Code entitled "Nonconforming Signs" is hereby re-codified as Section 21.02.330(q) and amended to read as follows: 5 I Off Premises Signs ............................. ., .......... e, .................................. lty. (q) Nonconforming Signs (1) Applicability. This section applies to the maintenance, repair amoritization, as appropriate, and removal of nonconforming signs. (2) Definitions. i. "Effective Date of this Section" means the effective date of the ordinance adopting this Section, ,2003. ii. "Nonconforming sign" means any sign as defined in Section 21.02.330(b). iii. "Section" means Section 21.02.330(q) unless otherwise defined (3) Eligibility. Any nonconforming sign located within the city limits on the Effective Date of this Section, or located in areas annexed to the city thereafter which does not conform with the provisions of this section, is eligible for characterization as a lega nonconforming sign provided it meets the following requirements: i. The sign was covered by a si~n permit on the Effective Date of this Section, if one was required under applicable law; or ii. If no sign permit was required under applicable law for the si..~m~ the sign was in all respects in compliance with applicable law on the Effective Date of this Section. (4) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this Section. (5) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (6) Legal nonconforming sign permit. i. Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within sixty (60) days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection 22.01.330(q)(7). 6 [ I V Off Premises Signs ii. Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the Director of Community Development may require to ensure compliance with the Code, including proof of the date of installation of the sign. iii. Failure to comply. A legal nonconforming sign for which no permit has been issued within the sixty (60) day period shall within six (6) months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of Section 21.02.940 BMC. (7) Amortization. i. Purpose. In order to ease the economic impact of this Code on businesses or persons with substantial investment in signs in existence on the Effective Date of this Section provides for up to five (5) or ten (10) years, as applicable, of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. ii. All legal nonconforming signs shall be discontinued and removed or made conforming within ten (10) years from the Effective Date of this Section for billboard signs and within five (5) years from the Effective Date of this Section for off-premises signs ( the "amortization period"). Additionally, all signs which are made nonconforming by a subsequent amendment to the Zoning Code, Chapter 21.02 BMC, or by subsequent action or activity such as government acquisition of property for right-of-way pursuant to Section 21.02.330(10), shall be discontinued and removed or made conforming within the applicable amotization period after the date of such amendment, action or activity. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Section, with a permit obtained, or be removed. A sign prohibited pursuant to Section 21.02.330(1) BMC may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. Amortization is the sole method of compensation for removal of signs pursuant to the this Section. (8) Permitting, Removel and Amortization Exemption. The permitting, removal and amortization provisions of Subsection 21.02.330(q)(6) and Subsection 21.02.330(q)(7) do not apply to any sign which would require the city to pay compensation for its removal under any federal, state or other law, including Chapter 47.42 RCW, The Highway Advertising Control Act--Scenic Vistas Act. (9) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. b. Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any twelve (12) month period to any structure that houses or supports the use with which the 7 Off Premises Signs l t $ nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds twenty-five (25) percent of the assessed value of that structure based on the building permit valuation tables. c. Abandonment or business cessation. The subject property containing the sign is abandoned for ninety (90) or more consecutive days or the activity conducted on the subject property ceases for one hundred eighty (180) consecutive days. d. Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include enlarging the sign face, relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. e. Change in use. There has been a change in use on the subject property as that term is defined in Chapter 21.02 BMC. f. Change in tenant. There has been a change in business or change in single occupancy tenant on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (10) Government acquisition of property for right-of-way. i. A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for fight-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of this Section. ii. The city may, through a Type II permit, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right-of-way expansion and not by any action of the applicant; b. The sign is not prohibited by Section 21.02.330(I) BMC and, except for location within a required setback, complies with all other requirements of Section 221.02.330 BMC; c. The sign complies with the city's minimmn sight distance at intersection requirements pursuant to Section 21.02.33(h) BMC; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. SECTION $. A new section 21.02.330(p) entitled "Sandwich Board Signs" is hereby added to the Bremerton Municipal Code to read as follows: 8 l [ ~ Off Premises Signs (p) Sandwich Board Signs: Sandwich board signs are intended to be viewed primarily by pedestrians. They are appropriate in areas featuring buildings at or near the public sidewalk and otherwise displaying a pedestrian oriented design ethic and are considered an amenity that compliments the ambiance and attractiveness of such areas. They are not appropriate in areas where commercial activities are separated from the public right-of-way by parking lots, along high speed arterials, and in areas generally oriented toward non-pedestrian travel. Sandwich board signs may be placed on sidewalks or portions of the public right-of-way used as pedestrian walkways subject to the following conditions and requirements. (I) Sandwich board signs may be placed on a public sidewalk or other portion of the public right-of-way commonly used for pedestrian passage. (2) A minimum four (4) feet of unobstructed sidewalk or pedestrian path must be maintained. Sidewalks less than four feet in width will not accommodate a sandwich board sign. (3) Sandwich board signs may not be placed in thc driving lanes of a public street or in parking stalls on the public right-of-way. (4) One sandwich board only is allowed for any licensed business, provided that the sign is placed within 12 inches of thc face of the structure. The sign must be displayed immediately adjacent to thc main entrance thc business employing the sign. (5) Sandwich board signs must be placed immediately adjacent to the front of the building along the rearmost edge of thc sidewalk or pedestrian pathway. ((5) Sandwich board signs shall not exceed 32 inches in width or 36 inches in height as displayed. (7) Sandwich board signs must bc professionally lettered, neatly painted or assembled, and remain in good repair. (g) Sandwich board signs shall be constructed so as to avoid being blown or washed from their intended location and so as to avoid tipping or falling. (9) Sandwich board signs shall not bc internally lit, not have moving parts, nor shall any attachment or portion of the sign extend beyond thc 32 by 36 inch maximum dimensions established in subsection (5 above. (10) Any site landscaping required by the City of Bremcrton shall not be altered to accommodate the sandwich board sign. (11) Sandwich board signs shall be displayed during daylight hours only and shall be removed by the business owner immediately after dusk each day. (12) Placement of Sandwich board signs on the public right-of-way in violation of this section will result in immediate removal of thc sign from thc public right-of-way by City personnel. (13) Not block intersections or otherwise constitute a public safety hazard. SECTION6. Section 21.02.330(q) of the Bremerton Municipal Code entitled "Removal of Signs" is hereby re-codified as Section 21.02.330(0 and amended to read as follows: (q) (r) Removal of Signs: (1) The sign user, owner and/or owner of the property on which an abandoned, dangerous, defective, illegal, or prohibited si~n is located shall remove or cause to be 9 /~ 0 Off Premises Signs removed any such sign as required in this Section. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of Section 21.02.940 BMC. SECTION 6. Termination of moratorium. The moratorium established for off- premises signs as adopted pursuant to City Council resolutions 2868, 2871 and 2883 is terminated on the effective date of this ordinance. SECTION 7. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 8. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of _, 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President 10 /,~_[ Off Premises Signs Approved this day of ,2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ., 2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\Off Premises Signsl.doc 11 / ~ ~L Off Premises Signs City of Bremerton Department of Community Development 2003 Zoning Code Amendment Staff Report Applicant or proponent (file number): City of Bremerton (PL03-0024) Date of Proposal: June 25, 2003 (hearing before the City Council) Proposal: Amend Chapter 21.02.330 Bremerton Municipal Code (Signs) by adding new definitions to section 21.02.330(b), amending section 21.02.330(f)(Prohibited Signs); adding new section 21 .-2.330(s) creating standards for the use of sandwich board signs, and adding a new section 21.02.330(0 creating new amortization processes for off-premises signs and billboards. Contact: City of Bremerton, Department of Community Development: (360) 478-5275 Background: Procedural History Original moratorium Resolution 2867, establishing a moratorium on acceptance of applications for, or approval of permits for off-premises signs was passed by the City Council on July 24L~, 2002. Subsequently, a public hca~ing was conducted and findings of fact supporting the action were adopted by Resolution 2871, passed by the City Council on August 14', 2002. Resolution 2871 establishes that thc moratorium expires on Sanuary 23~d, 2003. Basis for the moratorium Resolution 2871 adopts findings of fact that establish thc basis for the moratorium. In summary, those findings establish that the City Council felt that time was needed to review City policy and regulations regarding off-premises signs. The findings state that the Council felt that such signs may be detrimental to the public health, safety and welfare, and that potential impacts needed to be studied in greater depth. In addition the council affirmed its awareness that it must not infringe upon free speech rights, but that such moratoria were allowed under RCW 35.63.200. Moratoriam Extended On December 17, 2002, the Planning Commission recommended that additional time be given for the formation of a citizen's workgroup charged with responsibility to recommend potential additions and amendments to city codes related to off-premises sign regulation. On January 22, 2003, the Council concurred and adopted Resolution 2883 extending the moratorium until July 23, 2003. Staff was instructed to form a citizen committee and return before that time with recommended changes to city codes. Citizen process A citizens group was formed consisting, as instructed, of two members of the Planning Commission, two members of the Comprehensive Plan Coordinating Council, two representatives of the sign industry, and two at-large citizens. The group met on four occasions during March and April 2003, developing the recommended amendments to Bremerton Municipal Code discussed in this staff report. Planning Commission recommendation: The Planning Commission conducted a public hearing on May 20, 2003. At the conclusion of the Planning Commission hearing, the Commission approved a motion recommending approval of the draft ordinance. The Planning Commission minutes are attached. Review of Recommended Amendments to Zoning Code Recommended changes to Bremerton Municipal Code addressing off-premises signs are put forth in the draft ordinance (attached as Exhibit 1). In broad brush, the draft ordinance would; 1) prohibit off- premises signs, billboards, and "vehicle or trailer mounted signs", 2) create new standards for the placement of"sandwich board signs", and 3) create a new amortization process for existing off-premises signs and billboards. This staff report will discuss each section of the proposed ordinance in detail. Section 1. New definitions Section 1 suggests that six new definitions be added to the definitions section of the zoning code (section 21.02.330(b) BMC). The new definitions are: numbers ;(5) Billboards, (22) Off-premises signs, (24) Premises, (27) sandwich board signs, and (31) Vehicle or trailer mounted signs. Of particular note is the difference between a "Billboard: and an "Off-premises signs". A billboard is a sign that occurs at a location other than the business location being advertised and offers advertising space for lease. An off- premises sign is similar, excludes billboards, and does not offer space on the basis of a lease, but is for use by a specific party. Off-premises signs also include signs held by a person or live animal when being carried on the public right-of-way. While the proposed ordinance adds both sign types to the "prohibited signs" list, the different definitions were necessary because of different treatments under the "amortization" section to be discussed below. Section 2. Clarification of the "Prohibited Signs" Section This recommended amendment provides that the prohibited signs list is clarified in two ways. First, subsection (f)(7) is amended such that sandwich board signs are not to be included in the prohibition against "portable signs". Secondly, Off-premises signs, vehicle or trailer mounted signs, and billboards are added to the prohibited signs list as new subsections (f)(8), (9), and (10). Section 3 Amends "Sign Placement Requirements" section Section 3 amends section 21.02.330(h) by adding a new subsection (1)(iii) which clarifies that sandwich board signs are not amongst those that cannot be placed on a right-of-way. Section 4 Amendments to the nonconforming signs section, including addition of amortization process for legal non-conforming signs - including existing off-premises signs and billboards This section adds an essentially new "Non-conforming Signs" section (section 21.02.330(q)BMC) to the sign code. The section is intended to clarify and add better detail to the more general previous language - especially as related to amortization. Most specifically, this new section sets specific time deadlines for removal of non-conforming signs. Of note is the following 1. Adds a new section (1)(i) defining the "effective date of this ordinance". This will be employed later to set timelines for amortization. 2. sets-up requirement that a (free-of-charge) permit be obtained for legal non- conforming signs within 60 days of notification from City that such sign is non- conforming (see section (6) 3. If the free permit is not obtained, the non-conforming sign must be removed within 60 days (section (6)(iii)). 4. If the permit is obtained, sign must be removed within 5 years, or 10 years for a billboard. (section (q)(7)(ii)) 5. Section (q)(8) - Legal nonconforming billboards subject to the Federal Highway Advertising Control Act - Scenic Vistas Act are exempt from amortization requirements. This is because the City would be liable for compensation under Federal law. 6. All non-conforming signs, including billboards, loose legal nonconforming status upon any of five different events (see section (q)(9) (a-f) and must be removed immediately. Those events are; a. Major structural changes to the related place of business (on the sign location) b. Changes in structure of the business being advertised (off the signs' site) that exceeds 25% of its value. c. Abandonment or cessation of the business at the location of the sign d. Major changes to the sign itself e. Change of use (as classified by the zone code) at the property where the sign exists f. Change in tenant at the location of the sign. 7. Section (q)(10) establishes that if a sign becomes non-conforming due to government acquisition of right-of-way (setback), it may be allowed to retain its legal non- conforming status under certain conditions (listed). This section is not specifically related to off-premises signs. Section 5 New standards for sandwich board signs This section adds a new section 21.02.330(p) creating new standards for the siting of sandwich board signs. It begins by establishing that the intent of the standards is to allow use of sandwich board signs when intended primarily for viewing by pedestrians. The opening statement is careful to state outright that sandwich boards are not appropriate in areas where large parking lots separate the public sidewalk from the commercial structure. The section then recommends eleven standards for the placement of sandwich board signs. Of particular note are the following: #2 An adequate area of unobstructed sidewalk must be maintained for pedestrian traffic. The 48 inches requires also exceeds the minimum requirement for handicapped accessibility under ADA and State accessibility standards - 42 inches. 04 A limit of one sandwich board per business is established. The citizens group felt that this would adequately limit the number of signs on the sidewalk - and was equitable. #5 The requirement that sandwich board signs be in front of the business was added to prevent sandwich board signs from being placed "at the end of the block", "across the street" or in a number of other now typical locations that are more "off-premises" than a business-fronting sidewalk location. #6-#9 Standards 6 through 9 are related to visual quality, protection of property values and rights, and public safety. #I 1 Standard number 11 is a tough violations provision. The committee felt that the privilege of displaying signs on the public right-of-way should be accompanied with a provision making it easy for public staff to quickly correct any abuse of the community's rules and regulations. This was also related to sensitivity about violations of handicapped accessibility/passage requirements. Section 6. Amendments to the "Removal of Signs" section. Section 6 adds a new subsection (r)(1) to section 21.02.330(0 making removal of illegal signs a matter subject to the regular hearing examiner violation process recently adopted (section 21.02.940 BMC.) Earlier draft amendment language is struck Decision Criteria: Text amendments to the zoning code are legislative matters. As such, there are no formal criteria for review save compatibility with the comprehensive plan. The 1995 City of Bremerton Comprehensive Plan is remarkably silent on issues of community quality, design, or aesthetics. However, this proposal does not appear to be inconsistent with the 1995 Comprehensive Plan in any regard. Staff Recommendation: Staff recommends that the proposed ordinance is consistent with the 1995 Comprehensive as currently constituted. Environmental Determination: A Determination of Non Significance was published on June 21, 2003 and was final on publication. Date and Method of Public Notice: Notice of Public Hearing was published in the Bremerton Sun on June 21, 2003. Staff Report Prepared by: Paul Rogerson, AICP, Planning Manager Attachments: Exhibit 1: Planning Commission minutes of May 20, 2003