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
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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
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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
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(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:
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............................. ., .......... 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).
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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
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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:
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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