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03/17/04 AGENDA
FILE 239 4i.h Si'reef · Brerneri.on, WA 98337 · Phone (3(50) 478-5280 · Fox (360) ,478-5251 CITY COUNCIL MEETING AGENDA MARCH 17, 2004 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. Professional Services Agreement for Laboratory Services with the KITSAP COUNTY Health District (#AB04-039) 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Purchasing Agreement with BUSINESS INTERIORS NORTHWEST for Furniture Layout Design Services, Furniture Purchase, Delivery, and Installation in the KITSAP CONFERENCE CENTER; City Hall in the GOVERNMENT CENTER; the new Police & Municipal Court Facility; and the new Fire Station No. 1 (#AB04-037) B. Professional Services Agreement with MILES YANICK & COMPANY for design of the Skatepark in Eastpark (#AB04-040) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] approving Amendment No. 1 to Port Blakely Tree Farms Initial Development Agreement (#AB04-041) B. Public Hearing for Council Comment regarding Proposed Amendments to 2004 Countywide Planning Policies (#AB04-038) 8, PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us DATE SUBMITTED: ~-.- ,55 ~ o 4 BILL # AGENDA BILL CITY OF BREMERTON 3 ORIGINAL SUBJECT: Professional Services Committee Meeting Date: March 9, 2004 Agreement for Laboratory Services with the COUNCIL MEETING Date: March 17, 2004 Kitsap County Health District Department: Public Works and Utilities Presenter: Kathleen Cahall Phone: 473-2315 SUMMARY: To ensure safe drinking water quality, State regulations require the Bremerton Water Utiltiy to have analyzed approximatly 1,200 bacteriological analyses each year. The Kitsap County Health District is the closest certified laboratory for performing these analyses and have provided satisfactory service to the Utility for over 20 years. ATTACHMENTS: Professional Services Agreement with Scope of Work (Exhibit A) FISCAL IMPACTS (Include Budgeted Amount): This expenditure has been budgeted for the Water Utility. The Utility spends approximately $22,000 each year on bacteriological laboratory analyses. APPROVALS: DEPARTMENT DIRECTOR' CITY ATTORNEY: , _..~.~ __ -~Z~i~'~ OI CTO : FISCAL/BUDGET: ": ~/?~'¥~ ~'~' ' ~ ~' CONSENT AGENDA [] o?E TiOSS: COUNCIL PRESIDENT: "'-~o ; i RECOMMENDED MOTION: It is recommended that Ciiy Council approve the professional services agreement with the Health District and authoriz~ the Mayor to sign the agreement, subject to City Administrative Policies and Procedures. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PROFESSIONAL SERVICES AGREEMENT Kitsap County Health District Laboratory Services The City of Bremerton ("City") and the Kitsap County Health District Laboratory ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 5, 2004, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $30,000 per calendar year. Consultant's charges and bills shall conform to the fee schedule attached hereto in Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees Bremerton/KCHD Lab Laboratory Services Page 1 of 6 of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HERE1N CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in BremertorffKCHD Lab Laboratory Services Page 2 of 6 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Thc Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be Bremerton/KCHD Lab Laborator,/Services Page 3 of 6 safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Bremerton/KCHD Lab Laboratory Services Page 4 of 6 5 F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: Kathleen Cahall Mike Means Bremerton Public Works and Utilities Kitsap County Health District 3027 Olympus Drive 109 Austin Drive Bremerton, WA 98310 Bremerton, WA 98312 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. BremertondKCHD Lab Laboratory Services Page 5 of 6 IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time con~nensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGAL\Contracts\FORMS~Professional Services Agreement Form (2003) doc Bremerton/KCHD Lab Laboratory Services Page 6 of 6 7 Exhibit A SCOPE OF WORK FOR LABORATORY SERVICES Last updated February 2004 Background The City of Bremerton Water Utility (Bremerton) operates a Class A water system serving a population of approximately 5Z,000. Sources include an approved unfiltered surface supply and groundwater. Regulations require the following types of bacteriological analysis: · Presence/absence total coliform for finished drinking water · Heterotrophic plate count · Total and fecal coliform density for source water which has an 8-hour holding time WAC 246-290-690(3)0)(i) also requires that Bremerton have a laboratory available seven days per week. There are times that Bremerton needs to have bacteriological samples analyzed on Saturdays, Sundays, and holidays. The following scope of work describes the requirements that the KCHD needs to provide to the City of Bremerton Water Utility. Laboratory Location The current KCHD laboratory location is 109 Austin Drive, Bremerton 98312. This is 5 % miles from the Bremerton Water Utility Operations Center at 3027 Olympus Drive. The laboratory location must remain less than 30 miles driving distance. Should the laboratory move its location more than 10 miles from the operations center, then courier pick-up must be provided at no extra cost to transport routine bacteriological samples. Laboratory Availability Laboratory services must be available seven days per week. Regular business hours for Bremerton are 7:30 a.m. - 4:00 p.m. Monday through Friday. On-call availability must be provided on all weekends and holidays. There will not always be samples on those days. The on-call availability is waived if for logistical reasons outside either Bremerton's or KCHD's control the sample cannot be analyzed. Extreme weather, power outages, and other similar emergencies fall into this category. Analytical Procedures Appropriate, approved analytical procedures meeting state and federal drinking water regulatory requirements will be used. Certification Required All analyses for drinking water compliance must be performed by a laboratory certified by the State of Washington. KCHD Lab Services PSA Scope of Work Page 1 of 3 Quality Control A copy of the laboratory quality assurance plan will be provided to Bremerton. Sample Containers and other Materials Required for Sampling All sample containers will be supplied by the lab and will be sterile and prepared for the particular analysis required. Bremerton can supply pre-printed sample information slips. Sample Transport If the laboratory moves more than 10 miles from 3027 Olympus Drive, the laboratory will provide a once per week courier service for routine bacteriological samples. The routine sample day shall be Monday (or Tuesday if there is a Monday holiday). On other days Bremerton will deliver samples by hand unless other arrangements agreeable to both parties have been made. Samples must be kept below 10° C during transit. Bremerton will send a completed sample information slip with each sample and will inform the laboratory of any specific requirements for testing. Laboratory Holding Times Once the sample is delivered, the laboratory will adhere to regulatory-required holding times. Data Package Sample results will be received by Bremerton within seven calendar days of sample receipt by the laboratory and all data must be received for the previous month by the 6th day of the next month. Notification Bremerton will provide the laboratory with a procedure for notifying the City about samples or changes in hours. The laboratory will provide to Bremerton a procedure for contacting the laboratory during regular business hours and for on-call laboratory services. The laboratory shall notify Bremerton by phone before 4:00 pm when any distribution coliform sample is presence for total coliform or E. coli. The laboratory will provide Bremerton a minimum of 5-day notice when its regular business hours are changed for due to holidays, staff availability, or other similar reasons. This does not affect the requirement for on-call laboratory service and during these instances the laboratory will still be required to provide on-call laboratory services. The laboratory will give as much notice as possible when it will not be open for regular business hours due to an emergency. The KCHD shall notify Bremerton as early as KCHD Lab Services PSA Scope of Work Page 2 of 3 possible after 7:30 am of such a laboratory closure. In emergency instances when it is not possible or safe for personnel to get to the laboratory (such as for inclement weather), the requirement for on-call laboratory service is waived. KCHD shall provide a price list for the next year's analyses on or before November 1. Analytical Costs The following prices will be charged for samples through 2004: Total Coliform $18 Fecal Coliform $18 Heterotrophic Plate Count $18 Occasionally, Bremerton would like the use of a KCHD sampling boat and captain. These services will be charged to the City on an hourly rate. KCHD will provide the City with an invoice and supporting documents on a monthly basis. KCHD Lab Services PSA Scope of Work Page 3 of 3 DATE SUBMITTED: 02/24/04 BILL # 0q- .¢7 AGENDA BILL CITY OF BREMERTON 6 ~ CITY COUNCIL ............................................................. ................. ... SUBJECT: Purchasing Agreement for Committee Meeting Date: Ma.y-2, 2004 Furniture for City Hall in the Government COUNCIL MEETING Date: ~ 3- l'7-19 t~ Center, Kitsap County Conference Center, Department: Economic the new Police/Court facility and the new Development Fire Station 1. Presenter: Gary Sexton Phone: 360.473.5282 SUMMARY: Request for approval of the agreement between the City of Bremerton and Business Interiors Northwest, hiring B1NW to provide furniture layout design services, furniture purchase, delivery and installation. The agreement adopts the City of Tacoma purchasing agreement with furniture purchasing ranging from 50% to 72% off list, and cost plus 25% for ancillary fumiture. BMC 2.76.600 allows for an exception to the bidding requirements when the City adopts another jurisdiction's bid contract. ATTACHMENTS: City of Bremerton and Business Interiors Not,vest Purchasing Agreement; City of Tacoma and Buiness Interiors Northwest Purchasing Agreement. FISCAL IMPACTS (Include Budgeted Amount): The design, furniture purchase, delivery and installations are set aside allances for each project. APPROVALS: , - ........ FINANCE DIRECTOR: '~ COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the Agreement with Business Interiors Northwest for design, furniture purchase, delivegand installation in the Kitsap Conference Center, City Hall in the Govemment Center, the new Pol ice/Court facility, and the new Fi r~ Station 1, and authorize the Mayor to execute the agreement in substantially the same form as presented. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PURCHASING AGREEMENT This purchasing agreement is entered into this .... day of .................. 2004, between the City of Bremerton (as "Lead Agency") and Business Interiors Northwest ("Design Team".) 1. The City of Bremerton, a Washington State Charter City, is authorized and shall receive the price, rights, terms, and benefits of the agreement between the City of Tacoma and Business Interiors Northwest in effect from January 1, 2003 through December 31st 2007. A copy thereof is attached as Attachment A and incorporated herein. This agreement is contingent upon the City awarding all new furniture purchases for the City Hall in the Government Center, the Kitsap Conference Center, the new Police/Court Facility and the new Fire Department to the Design Team. 2. The City of Bremerton shall receive Tier 2 discounting on the City of Tacoma contract for all purchases starting at $0 for all tiered discounts listed on Schedule A. 3. Business Interiors Northwest shall provide furniture and system design services for the City of Bremerton spaces and public space on the Fifth and Sixth Floor of the new Government Center for a sum of Four Thousand One Hundred Fifty Dollars. kump sum fees for furniture design work on the new City of Bremerton Fire Station and the Police / Court Building will be mutually agreed upon hereafter. 4. Business Interiors Northwest shall provide delivery, and installation of furniture of ali new furniture for the City of Bremerton per the plans for the yh and 6th floor of the Government Center for the lump sum of $9,000 less 5% of the sale price of all ancillary furniture purchases by the City. This lump sum shall apply excepting only that additional delivery and installation fees at the rate of $40.00 per hour may be applied in the event the City of Bremerton purchases extraordinary quantities of furniture for the designed space, and other site conditions that prevent and or delay delivery and installation, with said extraordinary spaces and purchases agreed upon in advance. 5. Purchases by the City of Bremerton of ancillary furniture shall be cost plus 25% per the City of Tacoma contract and will include delivery and installation up to 5% of the total ancillary purchases. 6. Storage charges shall be at no charge for the first 30 days after receipt of product. Business Interiors Northwest will be responsible for managing the shipping schedule to ensure that no products would be stored for more than 30 days (with the exception of delayed construction or a natural disaster.) PAGElof2 ?URCHASING AGREEMENT 7. Out of Scope services will be presented in the form of a change order with mutually agreed upon costs prior to work being performed. $. Venue n the event of litigation referenced on paragraph II.1 of the Tacoma contract, shall be Kitsap County Superior Court. LEAD AGENCY DESIGN TEAM CITY OF BREMERTON BUSINESS INTERIORS NORTHWEST Cary Bozeman Rich Lach MAYOR CHIEF EXECUTIVE OFFICER 13 P^G~ 2 of 2 3628 South 35th Street Tacoma, Washington 98409-3192 TACOt4A POWER TACOMA PUBLIC UTILITIES January 16,2004 City of Bremerton Mr. Gary Sexton Director, Economic Development 232 Washington Bremerton, WA 98337 Dear Mr. Sexton: This letter is to authorize the City of Bremedon, as a political subdivision within the State of Washington, the use of the pricing discounts contained in the Purchasing Agreement between the City of Tacoma and Business Interiors Northwest that is in effect from January 1, 2003 through December 31, 2007. This contract was awarded by the Public Utility Board based on the fact that the original contract was the result of a competitive selection process and the favorable discounts in the new contract were unchanged from the original contract. Enclosed is an internal memo further explaining the recommendation for the contract award, which was approved by the Board on June 26, 2002. Also enclosed is a copy of the Purchasing Agreement. Please call me at 253/502-8226 if you have any questions. Very truly yours, Rick Herrmann Assistant Generation Manager Generation RU:rlm Bremerton Shared Agrmt.doc Enclosures C: Don King, BINW U9723 #2 Rick Herrmann DATE: June 11, 2002 TACOIffA POWER TO: Mark Crisson, Director of Utilities ~"~ / .......~ .~_____~ FROM: Steven J. Klein, Power Superintendent SUBJECT: Contract with Business Interiors Northwest RECOMMENDATION: Tacoma Power requests the Public Utility Board's approval to waive formal bidding and award a contreCt to Business Interiors Northwest, Tacoma, Washington, for the supply of Herman Miller panel system furniture and associated preducts from January 1, 2003, threugh December 31, 2007, for an estimated amount of $750,000, plus applicable sales tax. BACKGROUND: The Public Utility Board adopted Resolution U-9031 on December 14, 1994, awarding a contrect to Business Interiors Northwest (BINW) for the supply and installation of Herman Miller panel system furniture and associated preducts and services. The contract was the result of a competitive selection process to determine the new City-wide standard for panel system fumiture. The contract total is now at $2,150,000, which has been used to fund a number of major remodeling projects and new installations over the yeare, including remodeling of most of the Administration Building and fumishing the Southwest Annex for Click! staff. The current contract will expire December 31, 2002. · Herman Miller panel system furniture has become the City's standard for such fumiture. The system is easy to install and reconfigure, has good capabilities for distribution of power and communications, and is very dureble. Standardization has allowed a quick response to requests for workstation additions or reconfiguretions, since an inventory of spare parts can be maintained. The proposed new 5-year contrect is for supply of furniture only, since most new system furniture projects are now designed and installed with in-house staff. The contrect provides the same discounts as were in the odginal competitively bid contrect for all preducts included in the original contract. The basic discount is 69.2 percent from list price for the most ordered Herman Miller panel system components. There is a discount rate of 72.09 percent for single purehases amounting to over $125,595. These are very favorable discounts and our review of other contracts has confirmed that they are the best available. The cities of Lakewood, Gig Harbor, and Des Moines and Lakehaven Utility District have requested the use of our contrect for Herman Miller purchases from Business Interiors Northwest. The Herman Miller discounts on their national contract are only available to governmental agencies and range from 65 percent to 68 percent, compared to the 69.2 percent to 72.09 percent in our current contract. Business Interiors Northwest is a Tacoma firm and the only Herman Miller Certified Network dealer in Washington state, which assures consistent quality and performance of products and services. BINW offers a vadety of support services for the Herman Miller preduct including workstation design, installation, warehousing, repair/maintenance including factory authorized warranty repair, and refurbishing. " Mark Crisson, Director of Utilities - June 11, 2002 Page 2 This new contract is recommended without re-bidding because Business Interiors Northwest and Herman Miller were originally selected through a competitive process and they are essentially sole source for the City standard for panel system furniture. This is basically a requirements contract without firm quantities to bid. Since the original discount rates were negotiated with Herman Miller involvement and discount rates typically increase as volume of purchase increases, we could not be expected to improve the discount rate established during the original competitive process in 1994; our anticipated new fumiture requirements are significantly less than they were when the original contract was bid, with no major remodels proposed in the 2003/2004 budget. However, we do anticipate some new furniture purchases for reconfigurations and potential remodels occurring during the proposed 5-year contract period. Our experiences with the Business Interiors Northwest and Herman Miller products have been very favorable. BUDGET AUTHORIZATION: Funds are being proposed in the 2003/2004 proposed Tacoma Power budget and future purchases are dependent on availability of budgeted funds. We request your approval to submit this matter to the Public Utility Board for its consideration. , ,j,,~l_ ark Cr sson rector of Utilities Purchasing Agreement between City of Tacoma 3628 South 35th Street Tacoma, WA 98409-3192 and Business Interiors Northwest 710 Pacific Avenue Tacoma, WA 98402 ' Effective Date ' Exp!ation Date Contract Number I? Table of Contents Purchasing A.qreement for Products between City of Tacoma and Business Interiors Northwest 1. Scope of Agreement 2. Pricing 3. Order Procedures 4. Order Changes and Cancellation 5. Storage and Postponement 6. Packaging and Shipment 7. Invoicing and Payment 8. Returns 9. Warranty 10. Disputes 1 1. Sole Venue 12. Federal, State, and Municipal Regulations 13. Indemnification 14. Miscellaneous Schedule A - Discounts Attachment A - Herman Miller Warranty City of Tacoma and Business Interiors Northwest Purchasing Agreement for Products This Agreement ("Agreement") expresses the terms and conditions for the supply of office furniture products ("Products") between Business Interiors Northwest ("Seller"), 710 Pacific Avenue, Tacoma, Washington, and the City of Tacoma ("Buyer"). This Agreement is in effect for a five (5) year timeframe, commencing on January 1, 2003 and concluding December 31, 2007. In consideration of the mutual promises and upon the conditions contained within this Agreement, the parties agree: 1. Scope of Agreement 1.1. The terms of this Agreement apply to purchases of Products for which Seller is an authorized dealer. This includes, but is not limited to, Products manufactured by Herman Miller, Inc. ("Herman Miller") and it's subsidiaries, including but not limited to Meridian Incorporated ("Meridian"). Seller is a Certified dealer for Herman Miller. 1.2. The terms of this Agreement are offered to all departments, utilities, and divisions of Buyer. Upon mutual written consent, the terms of this Agreement may be offered to other political subdivisions within the State of Washington. 1.3. The terms of this Agreement apply only to purchases for delivery within the State of Washington counties of Pierce, Lewis, King, Kitsap, Mason, and Snohomish. Terms and discounts for purchases for delivery outside of these counties may be specified in separate schedules or by Addendum. 1.4. No services are offered in this Agreement. 1.5. Products purchased under this Agreement are for Buyer's own use and are not intended for resale. 2. Pricing 2.1. Prices for Products manufactured by Herman Miller and Meridian are determined by applying the appropriate discounts to the manufacturers published list prices in effect at the time Seller receives Buyer's completed purchase order. Discounts are listed in Schedule A. 2.2. Products not listed in Schedule A, and Products not manufactured by Herman Miller or its subsidiaries will be sold to Buyer at Seller's cost plus 25%. 2.3. If Buyer's requested shipping date is more than six months from the date that Buyer's order is received, Buyer's orders may be re-priced using the list prices in effect at time of shipment. 2.4. Seller agrees to give Buyer 30 days' prior written notice of any increase in published list prices for Products described in Schedule A. 3. Order Procedures 3.1. Seller will provide a written quotation for all Products being purchased by Buyer. An approved copy of Seller's written quotation, and a completed purchase order both signed by an employee of Buyer are required prior to Seller placing orders with manufacturer(s). Buyers purchase orders should be made out to: Business Interiors Northwest, 710 Pacific Avenue, Tacoma, WA 98402 3.2. Seller will acknowledge all purchase orders and will confirm scheduled delivery date. 3.3. If Buyer orders Products that incorporate Buyer's own fabric or other materials supplied by Buyer, those orders are subject to procedures and conditions regarding those products that are stated in manufacturer's published price catalogues. A copy of such procedures and/or conditions will be provided to Buyer upon request. 3.4. Buyer may request expedited shipment on its purchase order. Expedited shipment will be subject to manufacturer's lead time programs in effect at time of order. Manufacturing lead times may vary. Average lead times are 10 working days for expedited lead time programs, and 4-6 weeks for standard. Lead times are calculated from the date the manufacturer receives a completed purchase order from Seller. 4. Order Changes and Cancellation 4.1. Buyer may make a written request at any time to change an order or to cancel part or all of an order. 4.2. Orders for Products placed on manufacturer's expedited shipment programs are entered for immediate shipment or production and no changes or cancellations to those orders may be made. 4.3. Any and all changes or cancellations will be subject to manufacturer(s) policies and conditions in effect at time of order. Seller will advise Buyer within 96 hours of receiving written request for change/cancellation as to amount of charges, if any, resulting from manufacturer's policies and conditions. 5. Storage and Postponement 5.1. If Buyer is not ready to receive Products on the scheduled delivery date, Seller will store Products for up to 30 days at no additional cost to Buyer subject to order size and space available in Seller's warehouse. After 30 days a storage charge of $.94 per square foot will be paid by Buyer. If order size or space available in Seller's warehouse causes third party storage to be required, Buyer is responsible for storage preparation charges, handling charges, and any other expenses relating to the storage of Products that are incurred by Seller. 5.2. Products may be received either at Seller's warehouse facility or Buyer's job site. If Products are received at Seller's warehouse, charges for delivery to Buyer's job site are listed in Schedule A. 6. Packaging and Shipment 6.1. Manufacturers use a variety of packaging methods for shipment of Products, including but not limited to cartons, blankets, bulk, and poly-bagging. If Buyer requests special packaging or shipping methods, it is responsible for any extra costs that result. 6.2. Manufacturer's shipping terms and conditions in effect at time of order will apply to all orders. Many manufacturers, including Herman Miller and Meridian, prepay freight within the continental United States. Additional freight charges that may apply resulting from manufacturers shipping terms and conditions will be included in Seller's quotation for Products. 6.3. Claims for transportation damage will be the responsibility of the Seller and damaged Products will be repaired or replaced to the satisfaction of Buyer. For shipments direct to Buyer's location and where Buyer receives the Products, Buyer is responsible for transportation damage claims. 7. Invoicing and Payment 7.1. Orders are invoiced at time of receipt of Products at Seller's warehouse, or Buyer's job site if shipped direct from manufacturer. 7.2. Payment is due 10 days from invoice date for all orders. Buyer may withhold 10% of net cost of Products for orders shipped to Seller's warehouse pending satisfactory delivery to Buyer's job site. 7.3. Buyer agrees to pay a finance charge of 1.0% per month on all delinquent accounts. 8. Returns 8.1. Products may be returned only with Seller's prior written approval. 9. Warranties 9.1. Manufacturer's warranty in effect at time of delivery will apply to all Products. Herman Miller and Meridian have a 12 year warranty, including labor, and it is described in Attachment A. 9.2. Buyer may establish that a warranty claim is within the warranty period by producing the invoice for Products or other reasonably satisfactory evidence. 10. Disputes 10.1. In the event of a dispute, including collection matters, between the parties hereto, the substantially prevailing part in litigation shall be entitled to reasonable attorney fees, costs and expenses. 11. Sole Venue 11.1. Parties agree and stipulate that in the event any litigation should occur concerning or arising out of this Agreement, the sole venue of any legal action shall be the Pierce County Court of the State of Washington and interpretation of the terms of the Agreement shall be governed by the laws of the State of Washington. 12. Federal, State and Municipal Regulations 12.1. All federal, state, municipal and/or local regulations shall be satisfied in the performance of all portions of this Agreement. Seller shall be solely responsible for all violations of the law from any cause in connection with product sold under this Agreement. 13. indemnification 1 3.1. Seller agrees to indemnify and hold Buyer, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Seller, its partners, shareholders, agents, employees, or by the Seller's breach of this Agreement. 14. Miscellaneous 14.1. Either party may terminate this Agreement, without cause, with 90 days prior written notice to the other party. Any purchase order placed before the termination date is governed by this Agreement either until the order is cancelled or until delivery of Products has been completed and payment from Buyer has been received. 14.2. The parties obligations that are intended by their nature to continue beyond the term of the Agreement survive the termination or expiration of the Agreement. 14.3. This Agreement may be modified or extended only by written amendment that is signed by authorized representatives of both parties. 14.4. This Agreement is binding on the parties and their respective successors and assignees. Neither party may assign this Agreement, nor any portion of this Agreement, without the written consent of the other party and that consent must not be unreasonably withheld. IN ACKNOWLEDGEMENT OF AGREEMENT, the parties have had this Agreement signed by their duly authorized officers: City of Tacoma Business Interiors Northwest Dire~toC~of Utilities Chief Execu cer Supe~endent~acoma Power Approved as to form & .legality: Assistan( Cit~,'Attorney Approve~i ~availability of funds: #1 Issue Date Issue Number Schedule A Product Discounts Systems Seating Filing, Storage, List $ Tier Discount off list Freestandin~l Action Office 1, AC2, A Sedes Pedestals, $0 to $450,000 69.2% Prospects, G Series Pedestals Over $450,000 72.09% Ethospace, Accessodes, Energy Distribution, Lighting, Textiles Expedited Lead Time 65% Aeron, Ambi, Resolve $0 & Over 50% Reaction, Aside, Avian, Caper Expedited Lead Time $0 & Over 48% Equa, Ergon, $0 & Over 52% Limerick Expedited Lead T~me $0 & Over 50% Arrio $0 & Over 67.5% Expedited Lead T~me Not available Q Systems Herman Miller Tables $0 & Over 65% Expedited Lead ~-~me $0 & Over 62.5% Passage, Meridian $0 & Over 50.5% Pedestals, Meridian Lateral Files, Radian Expedited Lead Time $0 & Over 48% Herman Miller Lateral $0 & Over 48.2% Files, G Series Fires Expedited Lead Time $0 & Over 48.2% Proper Chairs Kiva Collection $0 to $450,000 45% Over $450,000 46% Expedited Lead Time $0 & Over 42% *Any Herman Miller Cost Plus 25% Products not listed above and all non- Herman Miller Products Delivery Charges DelivePj of Products Normal Hours 8A to 5P, M-F $40 per hour Overtime Hours $52.80 per hour DATE SUBMITTED: 3 March 2004 BILL AGENDA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: 9 March 2004 Agreement (PSA) with Miles Yanick & Co. COUNCIL MEETING Date: 17 March 2004 for design of the Skatepark in Eastpark Department: Parks and Recreation Presenter: Jim Spencer Phone: 473-5752 SUMMARY: In the fourth quarter of 2003 a panel people convened and interviewed 4 skatepark design companies who had responded to an RFQ to design a new skatepark in Eastpark. This panel consisted of representatives from the Bremerton Parks and Recreation Commission, Bremerton Skaters and Supporters United (BSSU), and City Staff. Miles Yanick & Co. was selected by this panel to do the design of this new park. The attached PSA is comprehensive, and includes design support all the way through construction. An important element of the design process will be conducting public meetings to ensure a park design that is consistent with the desires of the majority of the future users. The contract amount to perform these services is $44,000. ATTACHMENTS: Professional Services Agreement with Miles Yanick & Co. FISCAL IMPACTS (Include Budgeted Amount): This project is part of the approved "Skatepark" project ($275,000) in Fund 310, Parks Facilities Constuction for 2004. APPROVALS: , DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COUNCIL PRESIDENT: RECOMMENDED MOTION: The City Council appro~,e ~he Professional Services Agrement with Miles Yanick & Co. in the amount of $44,000 and authorize the Mayor to execute the same. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PROFESSIONAL SERVICES AGREEMENT Skatepark Design The City of Bremerton ("City") and Miles Yanick & Co. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March 2, 2004, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed in a mutually agreed time frame in order to support grant applications and construction; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed forty-four thousand ($44,000). Consultant's charges and bills shall conform to the fee schedule attached hereto as contained in Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Miles Yanick & Co. Skatepark Design Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attomey fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE_, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Miles Yanick & Co. Skatepark Design Page 2 of 7 'h~ VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Miles Yanick & Co. Skatepark Design Page 3 of 7 ~ VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. Thc reports and documents shall be furnished in thc time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Usc of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connccfion with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as thc Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or othc~visc. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bainbridge Island, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for thc purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to thc City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, arc instruments of service with respect to thc project and are thc property of thc City. Any muse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for thc type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from thc State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in thc Revised Code of Washington (RCW) Section 51.08.195, as required to show that thc services performed by Consultant under this Agreement shall not give risc to an employer- employee relationship between thc parties which is subject to RCW Title 51, Industrial Insurance. BremertoWMiles Yanick & Co. Skatepark Design Page 4 of 7 i~,~t D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bainbridge Island, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City Clerk Miles Yanick 239 Fourth Street 600 Winslow Way E, #247 Bremerton, WA 98337 Bainbridge Island, WA 98110 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Mites Yanick & Co. Skatepark Design Page 5 of 7 50 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes ar/sing out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Miles Yanick & Co. Skatepark Design Page 6 of 7 ~/ without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: By:. its: its: Date: Date: ~o~ro~eck~to form: Attest: 2~mm~t~o~l City Attome~.--~'~ City Clerk Bremerton/Miles Yanick & Co. Skatepark Design Page 7 of 7 EXHIBIT A CITY OF BREMERTON SKATEPARK DESIGN MARCH 2, 2004 SCOPE OF WORK GENERAL DESCRIPTION The purpose of this Contract is for Miles Yanick & Co, to provide a complete design for the Skatepark in Eastpark. The major elements of this effort include the following: · Pre Design · Project Set-up, Mobilization, and Data Collection · Programming/Project Definition · Schematic Design · Design Development · Preparation of Construction Documents and Specifications · Bidding Support · Construction Support A more definitive breakdown of the elements shown above is contained in Exhibit B. Page I of 1 DATE SUBMITTED: February 18, 2004 BILL # AGENDA BILL CITY OF BREMERTON 7 CITY COUNCIL SUBJECT: Public hearing on ordinance Committee Meeting Date: February 24, 2004 approving Amendment No. 1 to Port Blakely COUNCIL MEETING Date: March 17 and 24, 2004 Tree Farms Initial Development Agreement Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The Initial Development Agreement between the City and Port Blakely Tree Farms previously approved by City Council provides in Section 6.4 that the City may give notice to Port Blakely any time after June 2004 if it believes diligent progress is not being made with respect to the submission of the Master Plan and EIS. Port Blakely has requested an amendment to the Initial Development Agreement that would extend the time after which the City may provide this notice to Port Blakeley to June 30, 2007. Staffis recommending that Section 6.4 be deleted in its entirety and that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from amendments to said code. ATTACHMENTS: 1. Port Blakely Historical Time Line 2. July 25, 2003 Correspondence from Port Blakely 3. Proposed Ordinance and Amendment to Agreement0 FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: F~ANCE DI~CTOR: - ~ ( M VO : . F SCAL<B G : OPE~TIONS: ~ CO~CIL P~S~ENT: '-~ , ~COMMENDED MOTION: 1. ~ ~ove to approve the proposed ordinate on ~rst readin~ approvin~ Amendment No. 1 to the Po~ Blakely Tree Fa~ Initial Development A~eement. Z ~ move to pa~s Ordinate No. on ~econd readin~ approvin~ Amendment No. 1 to the Po~ Blakely Tree F~s Initial Development A~eement. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action PORT BLAKELY MIXED USE AREA TIME LINE October 25, 2002 September 11, 2000 Sub-area plan and 3-Party agreement approved by County Commissioners September 20, 2000 Sub-area plan and 3-Party agreement approved by City of Bremerton November 22, 2000 Petition for Review filed with the Puget Sound Growth Management Hearings Board December 24, 2000 Property annexed to the City of Bremerton with MXD zoning adopted December 28, 2000 Suit filed in Superior Court challenging the annexation May 29, 2001 Growth Management Hearings Board signed Final Order finding in favor of Port Blakely July 3,2001 Court signed Voluntary Dismissal of Superior Court suit January 2001 to Present Port Blakely Activities: · Participated in hiring Calthorpe & Associates for Downtown Bremerton Plan · Hired Market Analyst to assist with Plan · Interviewed downtown property owners as part of the planning process · Member of the KREDC Board · Member of the KREDC Marketing and Business Assistance Committee · Active participant in the County's Chico Watershed Planning process · Participated in the Land Use Committee for the City's Comprehensive Planning Process · Hired two consultants to prepare market analyses for the commercial and residential land uses · Preparing sewer analysis for inclusion in City's Sanitary Sewer Comprehensive Plan · Conducting on-going financial analyses in light of market conditions P 0 RT'~ LA KE LY July 25, 2003 c Roger Lubovich City Attorney City of Bremerton 239 4th St Bremerton, WA 98337 Chris Hugo, Director Dept. of Community Development City of Bremerton 286 4th St. Bremerton, WA 98337 Re: Port Blakely Development Agreement Dear Chris and Roger: The Development Agreement that Port Blakely has with the City of Bremerton for its project west of Kitsap Lake allo~ved the City to give notice if it did not believe diligent progress was being made to submit the Master Plan and EIS at any time after 36 months following the effective date of the Development Agreement. The time frame is contained in section 6.4.1 as follows: 6.4.1 City Notice The City and Port BiakeIy recognize that namerous requirements will affect the schedule and timing of development of the Project, including but not limited to the following: infi'astructure and utility planning, coordination, funding, permitting and installation; environmental data collection; market conditions and other forces beyond Port Blakely's control. If the City believes Port Blakely is not diligently proceeding with the submission of the Master Plan and EIS, then at an, y time after 36 months from the effective date of this Agreement, as extended for any litigation, appeals or other causes beyond the reasonable con~'ol of Port Blakely, then the City may deliver a written notice to Port Blakely. Any City notice will set forth the City's requested specific actions and proposed timetable for Port Blakely to complete the actions. The requested actions and timetable shall be reasonable and reasonably capable of being accomplished. If Port Blakely completes the actions within the timetable specified by the City, the Notice shall be deemed satisfied. The Development Agreement was signed and recorded in January of 2001. As extended by litigation and appeals, the effective date becomes June of 2001, so that the City could give notice regarding diligent progress on the Master Plan and EIS at any time after June of 2004. In late 2001 Port Blakely, the City and County convened the Executive Committee to begin the transportation studies that were a necessary first step to prepare the Master Plan. However, we suspended that planning effort due to the state of the regional and national economy. Those conditions continue so that Port Blakely has not resumed the transpmlation planning or begun the Master Planning and EIS process. We estimate that it will take 18 to 24 months to complete that work, once it is commenced. City of Bremerton Page two July 25, 2003 Thus we know that we will not be able to meet the 36-month timeline contained in the above paragraph and respectfully request that the timeline be extended 36 months to June 30, 2007. This date will allow a couple of years for the economy to improve, before re- commencing the studies and proceeding with the Master Plan and EIS. The regional economy has changed dramatically since the 4th quarter of 2000, when both parties approved the Development Agreement. At that time, asking rents for downtown Seattle Class A office space averaged approximately $41.00. Now they average $29.00 and property owners are less likely to get their asking rents. Vacancies in downtown Seattle were about 1.5 % ,;ompared to 16% now'. Demand for commercial spa,ce of all types depends on jobs and Washington currently has one of the highest unemployment rates in the Country. The success ora project like this will depend on the desirability of Kitsap as a location for business and also the relative cost of Kitsap compared to other areas in the region, making Seattle a barometer for demand in Kitsap. While the aforementioned statistics indicate that it is not an appropriate time to proceed with the project, certainly the continued redevelopment of downtown Bremerton will help position Bremerton and Kitsap as an attractive business location once the regional and national economies improve. As previously indicated, we would be happy to meet with Council to make this request if that would be advantageous to the process. If the City is in agreement with the timeline extension requested, please signify by signing below. Sincerely, PORT BLAKELY COMMUNITIES~ INC. Elizabeth Wilson Project Manager Cc: John Adams Tom Goeltz The City agrees with extending the timeline contained in paragraph 6.4.1 of the Development Agreement to June 30, 2007 as describe above. Cary Bozeman, Mayor City of Bremerton ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving an amendment to the Initial Development Agreement between the City of Bremerton and Port Blakely Tree Farms relating to the submission of the Master Plan and EIS and the time after which the City may give notice to Port Blakely Tree Farms regarding its progress on the Master Plan and EIS and further to make corrections to references to the zoning code relating to development of the Master Plan. WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and EIS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 of the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and WHEREAS, staff is recommending that Section 6.4 be deleted in its entirety as an unnecessary condition to development of the Master Plan; and WHEREAS, staff is also recommending that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission ora Master Plan and an EIS for the property and the planning of an economically viable development; and WHEREAS, the City's SEPA Responsible Official has determined that this matter is exempt from SEPA pursuant to WAC 197-11-800(20); NOW THEREFORE, 1 Port Blakely Initial Development Agreement Amendment THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L The proposed "Amendment No. 1 to Initial Development Agreement" attached hereto as Exhibit "A", deleting in its entirety Section 6.4. of the Initial Development Agreement executed by the City and Port Blakely on or about January 5, 2001, and further amending Section 5.3 to correct references to the zoning code relating to development of the Master Plan is hereby approved. SECTION2. The Mayor is authorized to execute "Amendment No. 1 to Initial Development Agreement" in substantially the same form as set forth in Exhibit "A" and approved herein. Amendment No. 1 to Initial Development Agreement shall be effective upon full execution by the parties to the Initial Development Agreement. SECTION3. 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 4. 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 ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of _, 2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDiNANCE NO. R:\LEGAL\Ordinances\Port Blakely Amendment.doc 2 Port Blakely Initial Development Agreement Amendment Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): I. Amendment No. 1 to Initial Development Agreement Reference Number(s) of Documents assigned or released: Grantor(s): 1. Po~ Blakely Tree Farms (Limited Partnership) [] Additional names on page of document. Grantee(s): 1. City of Bremerton [] Additional names on page of document. Legal Description: Ptns. of Sections 7, 18 and 19, T24N R1E W.M. Kitsap County, WA (abbreviated) [] Additional legal is on page of document. Assessor's Property Tax Parce[/Account Number: 0724014-050-2001, 182401-1-001-2004, 182401-1-003-2002 182401-1-004-2001, 182401-1-005-2000, 182401-1-006-2009 182401-1-007-2008, 182401-1-008-2007, 182401-3-007-2004 182401-4-001-2008, 182401-4-002-2007, 182401-4-003-2006 182401-4-004-2005, 182401-4-005-2004, 182401-4-006-2003 182401-4-007-2002, 182401-4-008-2001, 192401-1-002-2002 192401-1-003-2001, 192401-1-004-2000, 192401-1-005-2009 192401-1-006-2008, 192401-1-007-2007, 192401-1-008-2001 192401-1-009-2005, 192401-2-001-2001, 192401-2-002-2000, 192401-3-002-2008, 192401-3-003-2007, 192401-4-007-2001, 192401-4-008-2000 Exhibit A Amendment to Initial Development Agreement - 1 AMENDMENT NO. 1 TO INITIAL DEVELOPMENT AGREEMENT This Amendment No. 1 to Initial Development Agreement specifically amends the Initial Development Agreement (hereinafter "Agreement") entered into by and between the City of' Bremerton, a municipal corporation of the State of Washington, with offices located at 239 4th Street, Bremerton, Washington 98337 (hereinafter "City"), and Port Blakely Tree Farms (Limited Partnership) a Washington limited partnership (hereinafter "Port Blakely"). RECITALS WHEREAS, Ordinance No. 4740 approved and authorized the Mayor to sign the Initial Development Agreement between the City of Bremerton ("City") and Port Blakely Tree Farms (Limited Partnership) ("Port Blakely"); and WHEREAS, the Initial Development Agreement was executed on or about January 5, 2001 and recorded under Kitsap County Auditor's No. 200101080083; and WHEREAS, Section 6.4.1 of the Initial Development Agreement allows the City to give notice to Port Blakeley if it does not believe diligent progress is being made with respect to the submission of the Master Plan and EIS. The notice may be given at any time after 36 months from the effective date of the agreement, as extended for any litigation, appeals or other causes beyond the reasonable control of Port Blakely. As extended by litigation and appeals, the Agreement became effective on or about July 3, 2001, the date the court signed the dismissal of the subject litigation; and WHEREAS, Port Blakely has requested an amendment to Section 6.4.1 of the Initial Development Agreement to extend the time after which the City may provide notice to Port Blakely to June 30, 2007; and WHEREAS, sta~Tis recommending that Section 6.4 be deleted in its entirety as an unnecessar~ condition to development of the Master Plan; and WHEREAS, staff is also recommending that Section 5.3 relating to development &the Master Plan be amended to correct references to the zoning code resulting from subsequent amendments to the code; and WHEREAS, the City Council finds approving the proposed amendment would allow Port Blakely more time and opportunity to proceed with submission ora Master Plan and an EIS for the property and the planning of an economically viable development; Amendment to Initial Development Agreement - 2 NOW, THEREFORE, for valuable consideration and by mutual consent of the parties the City and Port Blakely agree as follows: AGREEMENT 1. Section 5,3 of the Initial Development Agreement is amended as follows: 5.3 City Review Procedure· The Master Plan shall be developed by utilizing the procedures applicable to development agreements under BMC 21.02.900 and 2! .92,~5921.02.855, i.e. a Type t/t 1V City Council decision on a recommendation from the Administrative Hearing Examiner. The Master Plan's adoption by the City Council shall be in the form of an amendment to this Agreement and shall add appropriate Development Standards for build-out of the Project. The Project review will also comply with Sections 7.1 and 7,2 of the Three-Party Agreement as quoted hereafter: 7.1 County Comment on Project Phases. Kitsap County will be given the opportunity to review and comment upon the Master Plan and each phase of the project within the Property prior to approval by the City of Bremerton. The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County Courthouse, 614 Division St., Port Orchard, WA 98366, or such other address designated by the County. If the Property is developed in phases, the County will complete its review within ten (10) working days after receiving the plans for each phase. 7.2 Public Involvement. Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups. In particular, the City during the environmental review process shall seek input from the Suquamish Tribe. 2, Section 6.4. of the Initial Development Agreement is deleted in its entirety as follows. Amendment to Initial Development Agreement - 3 Amendment to Initial Development Agreement - 4 3. The deletion of Section 6.4 of the Initial Development Agreement and the due diligence and notice provisions relating to the submission of the Master Plan and ElS contained therein does not grant an extension to the term of the Agreement as set forth in Section 6.1 or an extension or waiver of any other term or condition contained in the Initial Development Agreement. Furthermore, the deletion of Section 6.4 does not remove the requirement to amend the Initial Development Agreement prior to any development of the property as set forth in Section 1.3. All provisions in the Initial Development Agreement shall remain in full force and effect except as expressly modified by this document. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF BREMERTON PORT BLAKELY TREE FARMS (LIMITED PARTNERSHIP) By: CaryBozeman Its: Mayor By: Date: Its: Date: Amendment to Initial Development Agreement - 5 q? STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as of Port Blakely Tree Farms (Limited Partnership) to be the free and voluntary act of Port Blakely Tree Farms (Limited Partnership) for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / R:~LEGAL\ContractsXDCD~Port Blakely Contract Modification.doc Amendment to Initial Development Agreement - 6 DATE SUBMITTED: February 20, 2004 BILL AGENDA BILL CITY OF BREMERTON 7 CITY COUNCIL SUBJECT: Public Hearing and 2004 Committee Meeting Date: March 2 & 9, 2004 Proposed Amendments to Countywide COUNCIL MEETING Date: March ~-~ 17, 2004 Planning Policies as proposed by Kitsap Regional Coordinating Council Department: Comm. Development Presenter: Chris Hugo Phone: 473-5243 SUMMARY: The Kitsap Countywide Planning Policies (CPPs) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act. The CPPs were originally adopted and ratified by all Kitsap County local governments in 1992. In 2000, a major update of the CPPs were commenced by the Kitsap Regional Coordinating Council. Amendments were adopted by the Board of Kitsap County Commissioners and ratified by the Council in 2001 and December, 2003. The proposed 2004 amendments address some of the most important matters related to urban growth including policies on transfer of governance, association of urban growth areas with cities, and the balance between urban and rural growth. These are the final proposed amendments to close the update process that started in 2000. ATTACHMENTS: Kitsap Countywide Planning Policies with proposed 2004 amendments; comment sheet for input to KRCC; revised KRCC schedule for Package 2 CPP Revisions. FISCAL IMPACTS (Include Budgeted Amount): The proposed amendments to Countywide Planning policies have no short-term fiscal impacts on city operations but offer long-term prospects for fiscal improvement APPROVALS: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ' / - ~ -'") FISCAL/BUDGET: -~--, '-~ f~- ' CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION:.4-)-g, ,~,,~,-, - ......... ' '*~ -~.. ~ · 2) 3/17/04 - Move to direct the staff to forward the Council's comments on the proposed 2004 Countywide Planning Policy amendments to the KRCC t~[~ey-Boa~l for consideration. el COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action KITSAP COUNTY BOARD OF COMMISSIONERS Chris Endresen DISTRICT Jan Angel DISTRICT 2 Patty Lent DISTRICT 3 February 13, 2004 Commissioner Patty Lent has requested a copy of the following document be mailed to yOU. Malcolm Fleming County Administrator If you have any questions, you can call her assistant, Deborah Heller at 337-7146. Thank you 614 Dlvfslon Street, MS4 · Port Orchard, Washington 9836C~4676. (360) 337-7146 · FAX {360) 3374632 Emaih commission er ~co.kitsa p.wa.us · From: Olalla (253) 851-4147 · Bainbridge Island (206) 842-2061 WWW.kitsapgov.com 63 O__ CERTIFICATION Consistenc Re orr for KITSAP COUNTY'S COUNTYWIDE PLANNING POLICIES 2003 ~ACKGROUND A major emphasis of the Washington State Growth Management Act (GM_A) is the need to coordinate local, regional, and state planning efforts. Within the central Puget Sound region, local governments, countywide planning groups, and the Puget Sound Regional Council have worked together to develop a process for reviewing local, countywide, regional and transportation agency policies and plans for compatibility and consistencyfi This process also provides an opportunity to coordinate and share information related to local and regional planning. This report focuses on amendments and additions to Kitsap County's Count2gwide Planning Policies adopted in 2003. These new provisions are incorporated into sevexa} elements of the countywide policies: (1) Centers of Growth, (2) Rural Land Uses and Development Patterns, (3) Contiguous and Orderly Development, (4) Transportation, (5) Affordable Housing, (6) Coordination with Tribal Governments, (7) Coordination with the Federal Goves ~,,,ent Including Navy, and (8) Roles and Responsibilities. The section on "Centers of Growth" includes the designation of two new regional centers in Kitsap County: (1) the Silverdale "u~ban core" as a regional growth center, and (2) the South Kitsap Industrial Area as a regional manufacturing/industrial center.2 The ICfitsap Regional Coordinating Council adopted the 2003 amendments to the Countywide Planning Policies on through a series of actions between July and October 200~. Subsequently, the Kitsap County Board of Commissioners adopted the amendments on November 29, 2003 with a few minor revisions (Ordinance # 312-2003). The revised amendment~ were then circulated to the four municipalities and two federally-recognized tribes in Kit,sap County for ratification. Each of these communities acted to ratify the policy amendments in December 2003.3 ~ The certification requirement in the Growth Management Act is described in Chapter 47.80, Revised Cod~ of Washington (RCW). The Regional Council's lnterlocal Agreement, Section VII.A, also provides direction for the review o~rlocal comprehensive plans and countywide policies (Resolution A-91-0i, amended March 1993). The Council's Fate~ative Board adopted a process for Policy and Plan Review in April 1994 and amended the process in January 1996 and Seg~anl~er 2003. 2 Both of these centers would be recognized by the Regional Council as regional centers under a provision adopted by the Council's Executive Board on June 26, 2003. That provision states that areas that had been01atoposed for centers designation prior to June 30, 2003 and were formally amended into countywide planning l~olicies by December 31, 2003 would be accepted as regional centers by the Regional Council. 3 On January 12, 2004 the newly seated City Council for Port Orchard took action to rescind its city's previous ratification of the 2003 Countywide Planning Policies. On January 26, 2004 the City Council~ recom~lered and modified its action to only ratify the amendments to Element B of the Policies, the section which~ addte, sses "Centers of Growth" an the designations of Silverdale and South Kitsap Industrial Areas as Regiona[ Centrex_ Kitsap County 1 mom or ( 'o vs srE vcr The 2003 Kitsap County Countywide Planning Policies have been reviewed with the Multicounty Planning Policies in WSION 2020 and the transportation provisions in Destination 2030 and have been determined to be consistent. ]J) scuss o v Kitsap County last amended its countywide planning policies in August 2001. This work fully revised the policies, which were then certified by the Regional Council in September 2001. The 2003 amendments build on the work completed in 2001. Among the major actions Kitsap County has taken with these amendments is the establishment of the Silverdale "urban core" as a regional growth center and the South Kitsap Industrial Area as a regional manufacturing/industrial center. The following is a section-by-section overview highlighting the key changes made to the Kitsap County Countywide Planning Policies in 2003. Cmv'tens oF GROVerH (Element B) The amended policies present a hierarchy of centers based on the typology outlined in VISION 2020.4 Bremerton is recognized as a "metropolitan center," given its function as an anchor for a high-density mix of business, residential, public, cultural and recreational uses. Silverdale's "urban core" is identified as an "urban center" and as such the county commits to developing the area to support a wide range of conunercial, housing and culture activities in a manner that supports transit, walking and bicycling (Policy B-l-a). As a regional manufacturing/industrial center, South Kitsap Industrial Area has been established as a site for future manufacturing and related uses (Policy B-l-b). (See attached map, Kitsap County (Regional Centers: 2003).) Additional amendments to this section of the countywide planning policies expand the concept of "transportation hubs" to include ferry terminals, as well as existing and future transit stations. This section also now lays out a set of criteria for the Kitsap Regional Coordinating Council to follow in making decisions related to the distribution of countywide transportation funding. These criteria include: · Current or programmed transportation resources (including roads, transit, bicycle, pedestrian) · Balance of employment opportunities · Proximity and connectivity among jobs, housing and retail services Prosecuting Attorney's Office has made a determination that ratification of the 2003 amendments became effective with the December 30, 2003 action of the Bremerton City Council - the fourth and final city to act on the amendments. 4 See 1995 VISION2020 Update, Appendix l, page 85. 2 · Types and density of residential uses · Inclusion of affordable housing · Provision of community gathering space, parks and cultural opportunities (Policy B-3) RURAL LAND USES AND DEVELOPMENT PATTERNS (Element C) Clarifies that level-of-service standards for transit service in rural communities am established by Kitsap Transit. (Policy C-2-a) CONTIGUOUS AND ORDERLY DEVELOPMENT (Element E) Adds a reference to the Revenue Sharing Interlocal Agreement Kitsap County and its municipalities established in [month year]. (Policy E-3-a) TRANSPORTATION (Element G) Expands references to bicycle and pedestrian facilities to include safe neighborhood walking and biking routes to schools. (See policies G-2-b-iiL and G-2-c-x.) ' AFFORDABLE HOUSING (Element H) Expands policy on conducting an inventory of existing housing stock to include the consideration of navy personnel housing. (Policy H-2-a) COORDINATION OF PLANNING (Element I) This entire section has been eliminated, based on a determination by the Kitsap Regional Coordinating Council that it is redundant with Element M, "Roles and Responsibilities." COORDINATION WITH TRIBAL PLANNING (Element K) and COORDINATION WITH THE FEDERAL GO VERNMENT INCLUDING NA VT (Element L) The 2001 version of Kitsap County's Countywide Planning Policies had these two elements combined into a single section. In addition to separating tribal issues into a separate element, the 2003 amendments clarify provisions for developing agreements between tribal governments and Kitsap County and its municipalities to coordinate comprehensive planning. (See policies K-i through K-6.) Several new policies have been added to promote coordination between local jurisdictions and the navy, including provisions that address potential development encroachment on military readiness activities. (See policies L-5-a through L-5-c) ROLES AND RESPONSIBILITIES (Element M) The language in this section has been revised at several points to clarify the expectations for the Kitsap Regional Coordinating Council, member agencies and special districts in carrying out growth management planning activities. 3 { ONSISTENCY WITH ~ }?~ ULTICOUTY LANN1NG ~OLICIES VISION 2020, the region's adopted regional growth, economic and transportation strategy, provides an integrated framework for transportation and land use planning within the central Puget Sound area. The strategy also includes the multicounty planning policies for the four- county region, as required by the Washington State Growth Management Act.s These policies are arranged in eight topic areas: (1) urban growth areas, (2) contiguous and orderly development, (3) regional capital facilities, (4) housing, (5) rural areas, (6) open space, resource protection and critical areas, (7) economics, and (8) transportation. The multicounty policies were last updated in 1995. Kitsap County's 2003 amendments add clarity and detail to the existing countywide planning policies - which were determined in 2001 to be consistent with VISION 2020 and the multicounty policies. The provisions in the centers element of Kitsap's policies to designate Silverdale and South Kitsap Industrial Areas as regional centers meet regional expectations and planning objectives. The Puget Sound Regional Council commits to working with Kitsap County and its municipalities to ensure that these newly designated centers develop in a manner that meets local and regional growth management goals. Kitsap County's Revenue Sharing Agreement represents a major advancement in addressing interjurisdictional infrastructure and financing issues. The county and its municipalities are to be commended on their work in developing this agreement. Kitsap County jurisdictions have also done excellent work to establish good working relationships with tribal governments and the federal govemments. ~.ON$1STENCY WITH ~ J)ESTINATION 2030 Destination 2030, the 2001 update of the Metropolitan Transportation Plan, calls for the development of a region-wide, multi-modal transportation system that links urban centers with high capacity transit. Four key policy areas are emphasized in reviewing countywide planning policies and Destination 2030 for consistency: (I) optimizing and managing the use of existing facilities and services, (2) managing travel demand - to address traffic congestion and environmental objectives, (3) coordinating transportation and land use planning - to support transit and pedestrian-oriented land use patterns, and (4) expanding transportation capacity to offer greater mobility options. An additional issue related to transportation planning in the central Puget Sound region and addressed in the Destination 2030 is conformity with federal and state air quality requirements. Kitsap County's 2003 amendments offer a solid framework for decision-making on transportation investments at the countywide level and could serve as a model for the other counties in the central Puget Sound region. The amendments to the transportation element of the countywide planning policies to emphasize safe neighborhood pedestrian and bicycle routes to schools are also noteworthy. Chapter 36.70A.210, Revised Code of Washington. 4 (5o vcLvs/o v The 2003 amendments to Kitsap County's Countywide Planning Policies strengthen the conformity of these policies with VISION 2020 and the region's Multicounty Planning Policies. At the same time, the provisions in Kitsap's 2003 countywide policy amendments demonstrate consistency with Destination 2030, the region's adopted transportation plan. The Puget Sound Regional Council encourages Kitsap County and its municipalities to clarify its ratification procedures for its countywide planning policies, including the establishment of deadlines for local action and provisions to guide situations in which unanimous consent is not achieved. Adding detail and clarity to the adoption process for the policies should streamline future collaborative work among the county and its municipalities and enable subregional concerns to be resolved at a more localized level. X:tFGSIPLANREV~opr PLAN REVIEW REPORTStKitsap CPPs 2003.doc 5 Kitsap County (Regional Centers: 2003) Bremerton South Kitsap Industrial Area ~f Revisions to the Kitsap Countywide Planning Policies January 23, 2004 Attached are the full Countywide Planning Policies adopted by Kitsap County Ordinance #258-01, August 20, 2001 and Ordinance 312-2113, December 15, 2003. Revisions and sections that have been adopted by the KRCC Policy Board but not yet adopted by the County and ratified by Councils are shown in blue: Additions = underlined & italics Deletions = strikethraugh Revisions under discussion by the KRCC Policy Board are underlined and in red: Additions = underlined & italics Deletions = strikethrcugh Please note: If this document is printed in black and white, the adopted revisions (blue) will not be underlined. The revisions under discussion will be underlined. Februa~3, 2004 ~0 CONTENTS INTRODUCTION Page 3 POLICY ELEMENTS A. Countywide Growth Pattern ............................................................................................... 5 B. Urban Growth. Areas 7 C. Centers of Gro~vth 14 D. Rural Land Uses and Development Patterns 16 E. Policies for Countywide Strategies for'Open'Space. Preservation;.. Resource. Protection And Critical Areas l 8 F. Contiguous and Orderly Development 20 G. Siting Public Capital Facilities of a Countywide or State-Wide Nature 21 H. Transportation 23 I. Affordable Housing 29 J. Policies for Countywide EcoriiJ~C D~vel~p~t~t 32 K. An Analysis of.the Fiseat..tmpaet 34 L. Coordination with Tribal Governments 35 M. Coordination with Federal Government inctudingNavy 36 N. Roles & Responsibilities 37 APPENDIX A. Revenue Sharing Interlocal Agreement (adopted December, 2001) 35 B. Urban Growth Area Management Agreements 45 C. Population Distribution 46 2 Februa~3, 2004 INTRODUCTION The Growth Management Act (GMA) is founded on the principle that it is in the best interest of the citizens of the State to foster coordination and cooperation among units of local and state government. Cities and counties must engage in a collaborative planning process under the requirements of the Act. Specifically, the Act states that, "THE LEGISLATURE FINDS THAT UiVCOORDINATED AND UNPLANNED GROWTH... POSE A THREAT TO THE ENVIRONMENT, SUSTAINABLE ECONOMIC' DEVELOPMENT, AND THE HEALTH, SAFETY,, AND HIGH QUALITY OF LIFE ENJOYED BY RESIDENTS OF THE STATE. IT IS IN THE PUBLIC INTEREST THAT CITIZENS, COMMUNITIES, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE AND COORDINATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING. ' The Growth Management Act (GMA) requires that each county planning under RCW 36.70A.040 must adopt a Countywide Planning Policy to be used as a framework for the development of county and city comprehensive plans. This countywide policy is required to be developed in cooperation with Cities located within the county. *~' ......... of ........ ~ .................................... ~ .... ~- ................. ~. .................. ~ ........... ..... nc 1 771e~''''''"''lr * 1992 Kit, vaR CoumD~;ide Plannin~ Po/icy and subsequent revisions in 200land 2005 were developed b~' a commiltee representin,g Kilsap County, the CzB,' of Bremerlon, the (.~11 o~Por! Orchard, lhe City o/'?oulsbo, the CiW o/'Bainbrid, ge [g/an~ lhe Porl Gamble S'Klallam Tribe, the Suqllarni3h ?kibe, the ,Sbv~,, and Kitsap ]kansit. .,Il each point, the Kiisap Regional Coordinatin,g CSmncil conducted a public hearing and prepared a recommendation for adoption by the Kitsap County Board of Commissioners, ~ atz/icatzon by Cttzes and endorxemenl by Trzbal (~ounczLv. 'o ~,;c,o.,;,,,. ......... ~- ........................................ m ..... 7h~ process o/revze~, and discusszon lhrough the NRC(./orum ~,~' intended to {b,5'ter consensu.~ whene~er poxMhle, Coun8. and (.)tv (.omprehenszve Plana must be conszxtent wzth the adopled (ounO~ Me Planning Po/icy. I. 7~e KiL~'ap Countywide Planning Polio' shouM be dym~mic and re,gularlv monilored ~.- applicaNlitv ami e#i'ctivenesx. a. The adopled (.'ountp, ide P/annin.g Policvshould be reviewed throu,t.h the KRCC process at least eveo, five years. Proposed revisions shall be reviewed/br impacls according lo the ,gale Em'ironmenlal Proleclion Act (SEPt`I) and shall be consislen[ with lhe ~late ~ro~tth ,l~/amigement Act b. ]~e (.ountv or a (zty mai; propose a p )hcv amendment to the (. ountpvMe Planning t ohc~'. 2, Proposed amendments should be considered on a regular basis and voting is s,b[ect lo the K2tsap Regional Coordinating Council bt,-lawx. a. Kttsap (ounS, shall lake actton to consi&r and adopt amendmentx or re vixionx to the (,ounh;wMe [ [cmnmg Policy/bl/owinx recommen&ition /?om the KRCC Policl; Board 7he adapted CPP ~*'ill become effkclive 3 FebruaW 3, 2004 ratification by three or more cities representin~ a ma/ority, of(combined) city populaNon in K2tsa~ Uount~,. However, tt~e' KRC(' ........ will strive [br ratification by all Ca~es and endorsement by Tmbal ~ ouneds. b. lfa C',~tv ~;r .... l mbal Councd' ' does not take ocfion within 60 days of the Board of UountF Commissioners' adoption o fits sub/ecl ordinance, that City or 7kibe will be consi&red as ratiO'trig or endorsing the adopted revisions to the Ck;unlywide Planning Policy. The GMA established "go~h m~agement hearings boards" to w~ch ~e state, a county, a city or a person with st~ding may request a review of whether a City or County ~ comprehensive pl~, development re u a on, or oun e ~ n o Icy ....................................... t,--.., ........ ~ .......... ~ .................................... ~ ...... x -.~ in com ~ce with the Act. 'n ...... ~x,,~ State gove~ent involvement in ~e local plying process will result if Cities and the Co~ty do not ac~eve consensus. Recognizing thai local solutions lo local issues' may be more sensiNve lo local conditions. !n crd'~r to avoid state the Cities and ~other local jurisdictions ~o kcrc~y agree to s~ve towed the principle that all local pla~ing differences should be negotiated ~d settled locally. Appeals or requests for rewew ........ should be refe~ed to the Central Puget Sound Gro~h M~agement He~ngs Board only when the local resolution process h~ been exhausted. ,o..~.;...,~ .... d ' ' ~b tti 2 ................................... ~ ....... ~ ....... p ....................... ~ to ...... ~ .............. ~ ......... ara ..... t ........... p ........ r ............................................................ 7 ....... ~Optlon. 4 February 3, 2004 Element A, Countywide Growth Pattern: New Section l. Kitsap County Vision Element~: This vision/bt the fitture of Kitsap County seeks to maintain and enhance the quality of life that makes our CounO, ~ special place to live and work: We envision a tim/re in which our natural sgs'tems are protected; the water quality in our lakes, streams and Puget Sound is enhanced; the village character of some of our smaller towns is preserved: the hislorical nature of our communities is re.spected in order to preserve our heritage/hr fiaure generations; a diversified economic base supports good/ohs, contributes to healthy downtowns in our cities and affbrdab/e housing choices; and the rural areas o four county are maintainect This vision of the future which is shared by eitizens anti elected officials - includes/he {bllowing elemenls. i. Attractive. well designed and livable urban communities, supported b~, efficient and high quality services anti facilities, and providing a range at'housing choices. ii. tIealth~, cities that are the region's centers for emldovment, a/lbrdable housing choice& and civic and cultural activities. b. Vital diversffJed economy: A vital diversified economy that pro rides livin~ wage [obs [br residents, supported by a_d_.e~luate land/br a range of employment uses and that encourages accomplishment of local econondc development goals. c. Efficient multi-modal tran,$j)ortation s}wtem: O'eation of an efficient multi-modal transportation system - including toady and highways. [krries. and opportunities for non-motorized travel - that provides efficient access and mobility [hr counIv residents and supports our land use pattern. d Naturalsvstemsprotection: i. Protection and enhancement of/he natural environment, including wetlands, streams, wildli[t, habitat, water qualil¥ and natural resource activities. ii. (7reati~n ~fa s¢~tem ~f oPen space~ ~arks and greenbelts that provide ~pp~rtuni~ies ~r recreati~n and that give s/rue/ute and separation to urban areas'. e. Rural character ouL~ide of Urban Growth Areas: Maintenance of the traditional character, appearance, fimctions and li[t~st;'les of Kitsap Count3, 's rural communities and areas Re~j2onsive Government: Att efficienl and responsive government that works' with citizens, governmenla[ entities and Tribes to meet collective need~ fairly; and that supports education, environmental protection and human seFvices. A kef strategy to accomplish this vision is the intention lo encourage fit/ute urban growlh in areas within incorporated cities and in unincorporated areas that are already characterized bp urban growth with existing and planned services and [bcilities. These actions will work to enhance our natural environment and maintain rural character, and are Reared to reduce taxpayer costs by [bcusinx the expenditure of public funds, encouraging concentrated development where appropriate, anti increasing our choices/br housinj4 and [obs. 5 Februa~3, 2004 2. Roles of Cities and Urban Growth Areas/Urban Communities ct. 7'he primas~, role of Kitsap's urban communities is to attract growth, through new dcvelopment~ re-development and in-fill. (¥ee Appendix C fi)r current and pro[ected population distribution.) b. Each of Kitsap 's urban communities shall fi)ster its unique vision as ct high qualitl; place to live and work. c. in Kitsap, urban communities are closely linked to water and natural amenities and provide open space links to the natural environment. 3. Roles' of Countp a. Keep regional vision in mind when making [ocal decisions Stewardship of unincorporated urban areas and promote transition to cities c. 3/[aintain/enhanee natural svstems and tin'al character d Variety, o/'hm,er density, rurul communities, densities, and uses. 4, To implement this vision~ new growth shall be distributed within a range 0['65-85% to identified Urban Growth Areas. Balancing historical patterns of growth with a pre[brred vision of the [hture and legal requirements is an on- going challenge Tradeof/~s' must be made to balance the costs with the gains: flexibility is necessary to a&~pt to changing conditions. These policies are intended lo reflect the long-term xoals of the people living and working here. 5. To achieve these goal& KRCC ~nember jurisdictions should: a. Make decisions together when needed. b. Coordinate and cooperate on land use, policy and capital planning. c. I~tablish and keep updated a Land Capacity, A natg~'is Program Develop a program [br the Tran.v/~r of Development Rights to preserve lands with important public benefit& e. Maintain/preserve distinct w'ban identities with green breaks or other mttural features. Promote tiering anc~'or phasing ofin[bastructure development within Urban Growth Areas. g. Develop and implement land use policies, regukttions and incentives to promote the efficient use o[' urban areas. 6 Februa~3, 2004 Element A B. Urban Growth Areas The basic premise for designating Urban Growth Areas is to encourage the location of urban density residential, commercial and industrial developments in areas where services can be most economically provided. The benefits of directing growth to designated urban areas include: * Higher density residential development within walking distance of jobs, transit, schools and parks. * Limiting urban expansion into rural and forested areas. * Promotion of in-fill or redevelopment of existing urban areas. * Preservation of open space, critical areas and lands designated for resource protection. * Accommodation of employment growth in a concentrated pattern. * More economical provision and maintenance of streets, sewer/water lines and other public facilities. * Promotion of attractive residential neighborhoods and commercial districts which provide a sense of community. * A harmonious relationship with regional planning as articulated by Vision 2020 and Destination 2030 adopted by the Puget Sound Regional Council as the growth and transportation strategy for central Puget Sound. 1. The Growth Management Act was amended in 1997 requiring Kitsap County and the Cities to monitor countywide development activities in five-year intervals in order to test the population growth assumptions incorporated in the Urban Growth Area capacity analyses. This Buildable Land Supply Analysis compares growth and development assumptions, targets, and objectives with actual grmvth and development, including residential, commercial, and industrial capacity. If inconsistencies are found, the County and Cities must then identify reasonable measures, other than adjusting Urban Growth Areas, that will be taken in order to comply with the GMA. The following countywide planning policies relate to this regional program to monitor the buildable land supply for future growth as forecasted by the State and allocated distributed by throulgh the Kitsap Regional Coordinating Council process: a. The County and the Cities shall ~""'~'~:" · . .......... h ~na~nttun a ....~. ........................... Land Capacttv .4 nail,sis Prog ......... ~..,...~ *.., v r, nz ~ ~ 'm ^ '~ ~ c ,k,., .,~.,m lo monitor land supply and trends [bt residential commercial, and induslria[ lands to determine the success of implementation of their respective comprehensive plans. This Program is intended to/'u/fill the State requirement/'or a Buildable Lands Program, b. The County and the Cities shall participate in the m.:~.~.a.,., r .,,..~ . . ... · .................... Land Capet it~ Analysis using a consistent methodology for review and evaluation. c. The County and the Cities shall develop strategies from E,ai!dable !.andg Land Capacit3; Analysis to inc:'ease ~ effk'ientl~, use the available capacity of residential, commercial and industrial uses within Urban Growth Areas reducing the need to expand the urban growth boundaries. d. The County and Cities shall establish procedures for resolving inconsistencies in collection and analysis of !3ui!da~!e Land.q Land Capaci(F data. In the event a resolution cannot be achieved, the Kitsap Regional Coordinating Council shall be a forum to review and if possible resolve any disputes between parties. 7 February 3, 2004 2. Process and criteria for establishing, expanding, and adjusting Urban Growth Areas in Kitsap County: a. Urban growth shall be encouraged within Urban Growth Areas and not permitted outside of an adopted Urban Growth Area except under specific circumstances, as fully contained communities and master planned resorts as authorized by the Growth Management Act. b. Unincorporated Urban Growth Areas should be associated with an existing or./hture city. c. AH Urban Growth Areas shah be reflected in County and respective City comprehensive plans. d. Su~fficient area must be included in the Urban Growth Areas to accommodate the adopted 20-year population distribution. e. A jurisdiction may define growth tiers within its Urban Growth Area, to focus investment where growth is desired Utility development and/or expansion may be phased to support qfficient and cost-effective growth and to prioritize investments. The County, City, or interested citizens may initiate an amendment to an existing Urban Growth Area through the comprehensive plan amendment process as authorized by the Growth Management Act. g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities consistent with the Growth Management Act, as interpreted by the Growth Management Hearings Board, and the City's adopted Comprehensive Plan and any inter-local agreement between the Cio, and the County. h. ~f an ad~pted ~r pr~p~sed 2~year pr~jected p~pu~a~i~n distributi~n may require expansi~n ~f its Urban Growth Area, a./urisdiction shah conduct planning and analysis, addressing the following conditions: i. Update and confirm the capacity' analysis~)r land within the existing Urban Growth Area for residential, commercial, and/or industrial lands. This may be based upon the Buildable Lands analysis. To maximize consistency across jurisdictions, each jurisdiction shall use consistent methodology' in calculating capacity. ii. Review the planning and zoning regulations and any incentive programs in place to determine expected densities consistent with the Growth Management Act, as interpreted by the Growth Management Hearings Board, and the jurisdiction's adopted Comprehensive Plan. iii. Conduct an analysis of aH development approved within the overall Urban Growth Area since the last Urban Growth Area expansion that demonstrates densities are consistent with the Growth Management Act, as interpreted by the Growth Management Hearings Board, and the jurisdiction's adopted Comprehensive Plan. iv. Data collection and analysis for the capacity analysis should be done cooperatively. The County will be responsible for data describing the unincorporated portion of the Urban Growth Area, and the City for the incorporated portion. i. Expansion of Urban Growth Areas shah reflect the Growth Management Act (RCW 36. 70A. 110) which directs growth first to areas already characterized by urban growth that have adequate existing public fitciliry and service capabilities to serve development; second to areas already characterized by urban growth that will be served adequately by a combination of both existing publi%/bcilities and services and any additional needed public facilities and services that are provided; and third to areas that are adjacent to incorporated cities or 8 February 3, 2004 established Urban Growth Areas once the available land meeting the first or second priority has' been designated Areas which have existing public fitcilities or where public facilities can be reasonably extended and are not currently at urban densities should be considered first within this' category. j. The jurisdiction shall prepare a further comparison of potential areas for expansion, including: i. A plan for infrastructure and services that demonstrates how a fidl range of urban-level services would be provided within potential expansion areas: Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Telecommunication& including Broadband All service providers including special districts and adjacent jurisdictions should be included in planning. ii. Although specific standards and criteria are not implied, other.factors shall be addressed in evaluating areas for Urban Growth Area expansion, including but not limited to: environmental constraints: economic development; preservation of cultural, historical, and designated resource lands. k. The City and County shall conduct early and continuous public involvement when establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when appropriate. 3. Coordinated Growth Management in Urban Growth Areas: Ad~pted City and C~unty c~m~rehensive plans sha~ re~ect the intent that a~l ~and within uninc~rp~rated Urban Growth Areas will either annex to a city or incorporate within the 20-year planning horizon, subject to the state annexation procedures. b. Existing state law frustrates Cities' and Counties' ability to plan for and implement the orderly transition of urban areas into City jurisdiction through annexation. All jurisdictions should promote changes to state law that would remedy this inconsistency between the Growth Management A ct and annexation statutes. c. To maximize the efficient use pi'urban lands, subdivisions in the Urban Growth Areas should occur Cll urban densities. cl. As described in the Growth Management Act, cities are the primary provider of municipal services and Jbcilities in their Urban Growth Areas, responsible./hr demonstrating within their Comprehensive Plans the capacity to provide all urban services within their associated Urban Growth Area(s). This may be accomplished through a collaborative process with Kitsap County and/or other service providers. e. To facilitate and encourage annexation and/or incorporation of urban areas over the 20 year planning period, the County and each City should work together to promote coordination and consistency in land uses, zoning, and development regulations. This should be accomplished through: i. Urban Growth Area Management Agreements (UGAMA 's) that address the issues described in this policy. (See Appendix B for further detail on contents of UGAMA 's.) ii. doint planning fi)r specific areas to address land uses, ir~frastructure needs, level of service standards as identified in these policies, and other issues as needed Special districts should be included in the 9 February 3, 2004 planning process as appropriate. The results qf the joint planning should be r~flected in County and City comprehensive plans. iii. Modifications to County development regulations to reflect city standards and to regulate development in a manner that promotes the likelihood t?f annexation. iv. Coordination in the review of permit applications as' appropriate. v. Specific proposals for annexation as developed or considered by the city. Residents of unincorporated areas should be consulted and actively involved in the annexation process affecting them. All service providers including special districts and adjacent jurisdictions should be included in annexation and/or incorporation planning. For Urban Growth Areas not associated with a specific city: i. The County should plan with ~ local communities 'cc;;nm:~ni,"c 'cc)unci! to address land uses, infrastructure nee&. level of service standard~ as identified in these policies, and other issues as needed Theresults should be refiected tn' the County' comprehensive' plan. ii. The C~unty sh~uld c~ntinue t~ pr~vide a ~evel ~f.urban facilities~ and services general~y equivalent t~ those pf cities on an interim basis fi*r those Urban Growth Areas that eventually will incorporate, and on an on-going basis as appropriate. 4. The following Countywide Planning Policies relate to the prz~c.;: for ............ distrtbutton of .......... · 20 year population increments, as forecasted by the WA Office of Financial Management: The Kitsap Regional Coordinating Council shall ~,,v, coordinate the process for .......... ~ &str~butmg the · ~r~ ~ 2005 - 2025 and forward, ~, consistent with forecasted population for the period ..... 292" the requirements of the Growth Management Act. TI .... ll ......~i.. ~1~11 ~..~ b. ...... ~ ~ +1~,. D,,ll~kl~ I' ,~nclv A ~l~.,,:,, a. Each jurisdiction with a designated Urban Growth Area shall develop an estimate ancFor range of the additional population that it could accommodate and service during the 20 year planning horizon, consistent with its vision for future community character. The estimate shall consider the need fi~r increasing population density within the Urban Growth Areas to promote efficient service deliver3; avoid sprawl, and preserve ~";c::*ate community character. b. The populati~n estimates and/~r ranges shall be pr~vided t~ the Kitsap Regi~nal C~rdim~ting C~uncil~ with a statement of need concerning adjusled Urban Growth Area boundaries. c. The Kitsap Regional Coordinating Council shall compile the jurisdictions 'population estimates, including the estimate of additional population capacity.for areas outside the Urban Growth Areas, and determine whether adjustments to the overall distribution are required in order to fit within the OFM projected range. d TheKitsa~Regi~na~C~rdinatingC~uncil~afierc~nductingapublichearing~shallrec~mmendtheestimate and/or ranges 0['20 year population distribution to Kitsap County.fi)r adoption as an amendment to the Countywide Planning Policy. 10 February 3, 2004 e. Ki~sap C~unty sh~u~d give substantia~ weight t~ the KRCC rec~mmendati~n in ado~ting the 2~.year population distribution. /: Folhm,in.g adoption oft] e estirnates and,'or ran.~es, ectch /urisdiction should update it.s~ comprehensive plan. so as lo arrive al a final popu[alion tar,~et cortsis'lenl. . with lhe estimate an~/or wilhin the original rang% ,g. ,~[)er each/urisdction has completed its eomprehensive plan update, the final adopled target should coml)iled and reviewed through the Kitsap Regional Coordinatin~ C'ounci] procesw and the revised pOl)Ulation dstribulion incorporated into lhe Counlwvide Planning Polic},. ~t final dis'tribution lo Urban (]rowlh ver,su~' non-Urban Growth Areas within the range specified abm'e ,should then be calculated FullF Contained Camn~unities and Master Planned Resorts Under the Growth M~agement Act(R(. ~ 330), fully contained communities (FCCs] ma~' be considered ~, provided that a potion of the ~¢nty-year population forecast is rese~ed for and subsequenlh, distributed to the [ ( ( ~ ~,~;~ ~e m; ...... ;~+~n ...... .~ ..... ..u......~:..~ ~.. ~p., ..... ~.,:.~d .......... ;~;~" The GM~ requires' that cbs' prowae mr a mzx of uses that ~'ould provide fobs', housing, and public focililies and s'em,ices Io support a ]on,~-lernt residenlial The G(~4 RC'w :~' . . . . · . . ~ . ~ . ~ .... ;ou] al,so allo~ s' th~ consideration o[proposed master planned res'arls ~] Rs) outside o/Orban Gro~ zh ~t eas fi~r shorter-lerm res~denlial us, es. Masler planned resorls are described as s. elf:contained, in[e~raled planned developmenls' in areas with ,si,~nifica~t nolural amenities. ~ Masler Plan review process and deci,s'ion crileria fi~r [id]F contained communities and master planned resorls s'hould be incorporated m the Courtly s comprehensive Elan, must reflecl the slandards a~d requiremenls in the ~.~. and in addition must address lhe [bllowi~: a. z~.ces,s'arv public [acilities, including bul not limited to par~s, schools, and public sa[ah; fi~cilities should be provided wilhin or alon,y ~'ilh the developmenl, consh'lenl wilh adopled capital [acililv and level of sera,ice standards'. [2~l~acl,s to pnblic infi'a.s'Iructure, nearbF communities, ad/acent rural areas, environmental resources, and des'i,gnoled resource land~s should firsl be m,oide~ second minimized, and lhird mili~aled. c. ,S'uch derelopmenls should only be located adjacent lo, or in ~'easonoblF close proximi~F to, a ma/or transportation corridor. d Provisions/bt review of such deveh~pmenls lhrou~h lhe K~('() process, in addition Io other procedural requirements. I 1 Februa~ 3, 2004 ~ ....................mg 1, pro .......................... .... ~ ............................ ~ ......................... 170. ~ .... U b un~er RCW 25.70A. 110. 12 Februa~ 3, 2004 31. 13 February 3, 2004 Element B C: CENTERS OF GROWTH Centers are intended to be compact and centralized working, shopping and/or activity areas linked to other Centers by transit. Centers and their boundaries shall be locally determined by the County and the Cities where a community-wide focal point can be provided, significant population and/or employment growth can be located, and the increased use of transit, walking and bicycling can be supported. Designated Centers define the pattern of future residential and commercial/industrial growth in Kitsap County. In decisions relating to population growth and resource allocation supporting growth, Centers have a high priority. 1. The Puget S~und Regi~na~ C~unci~ has de~ned severa~ types ~f Regi~na~ Centers within Urban Gr~wth Areas in the four-county planning region, with planning guidelines (Vision 2020, Appendix 1). In Kitsap County, the following centers are applicable: a. Regional Centers of Growth: i. Metropolitan Center: Bremerton including the Bremerton Naval complex. "Metropolitan Centers function as anchors within the region for a high density mix of business, residential, public, cultural and recreational uses, and day and night activity. They are characterized by their historic role as the central business districts of the major cities within the central Puget Sound region, providing services for and easily accessible to a population well beyond their city limits. Metro Centers may also serve national or international roles." (Vision 2020) ii. Urban Center: Silverdale Urban Core. In Kitsap County, Urban Centers are areas with the comprehensive planning to support a wide range of commercial, housing, and cultural choices. All areas of the Urban Center are serviced by transit throughout the day and much of the area is within walking or bicycling distance. Significant at in-fill opportunities exist with the highest residential, commercial, and employment densities expected. b. Regional Manufacturing/Industrial Centers: South Kitsap Industrial Area. "Regional Manufacturing/Industrial Centers are major, existing regional employment areas of intensive, concentrated manufacturing and industrial land uses which cannot be easily mixed at higher densities with other uses. To preserve land at these centers for manufacturing, industry and related uses, large retail uses or non-related offices are discouraged. Provision of adequate public facilities and services, including good access to the region's transportation system, is very important to the success of manufacturing/industrial centers." (Vision 2020) 2. The following are other types of centers within Kitsap County: a. Town or City Centers are usually the existing downtown core of a city or Urban Growth Area. There is an abundant mix of shopping, service, employment, and cultural opportunities. Multifamily housing may be intermixed and single family housing may be within walking or bicycling distance. Infill should include mixed use and higher densities surrounding the Town Center. b. Mixed Use Centers are a generic category that can be described in terms of neighborhoods or districts. The designation represents a commitment to planning for Center development, with a planned mix of housing, commercial, and employment opportunities. Most shopping and commercial uses are within a short walking or bicycling distance of housing. There is a higher proportion of multi-family housing at relatively high densities. Navy facilities could be considered for this designation. c. Activity and Employment Centers are areas ofcnncentrated employment and are a magnet for significant numbers of people usually during daytime hours because of business and/or manufacturing activities. They may be located outside of Urban Growth Areas, consistent with the Growth Management Act. Industrial and 14 February 3, 2004 business parks and Navy employment centers are in this category. Within Urban Growth Areas, the opportunity to include a proportional residential element should be determined on a case-by-case basis, considering the unique geography and economics of the area. d. Transportation Hubs are locations of regional inter-modal cormection that may be located outside of Urban Growth Areas. Examples are ferry terminals, the Bremerton National Airport, or certain transit stations. 3. For purposes of distributing countywide transportation funding, a process and crlteria should be developed and coordinated through the Kitsap Regional Coordinating Council. The following should be included: Current or programmed transportation resources (including roads, transit, bicycle, pedestrian) Balance of employment opportunities with residential Proximity and connectivity among jobs, housing, retail services Types and density of residential uses Inclusion of affordable housing Provision of'community gathering space, parks, and cultural opportunities 15 February 3, 2004 Element C D. RURAL LAND USES AND DEVELOPMENT PATTERNS Rural areas o£Kitsap County are characterized as having a variety ofparceI sizes, with a diversity o£ land use activities. These areas also contain significant amounts o£complex natural systems. It is a high priority to preserve and enhance the rural character o£these areas. Counties are responsible for designating and regulating rural areas throug~t the comprehensive planning process. However, rural preservation is a regional issue and it is important to coordinate these planning objectives with the Cities. 1. The following policies relate to preserving rural character and enhancing the natural environment. a. Preserve the character of identified rural areas by protecting and enhancing the natural environment, open space and recreational opportunities, and scenic and historic areas; supporting small-scale farming and forestry uses; and permitting low-density residential living and cluster development maintained by rural levels of service. Support Rural Communities as locations for a mix of housing types, rural levels of service, cultural activities, and employment that serves the needs of rural areas. b. This policy is not intended to preclude the future designation of Urban Growth Areas. 2. The following policies relate to preserving rural land use and development patterns: a. Rural Communities are already-existing residential and commercial areas of more intensive rural development designated in the Kitsap County Comprehensive Plan under RCW 36.70A.070.5.In-fill is expected. Rural Communities should be serviced by transportation providers and other services consistent with the Levels of Service adopted by Kitsap County for roads and by Kitsap Transit for transit upon their designation as an area of more intensive rural development. b. Transportation Hubs may be located within existing areas of more intensive development. Walking, bicycling, and transit are the major forms of travel. Transportation Hubs are locations of regional intermodal connection Examples are ferry terminals and transit stations with convenience services. c. The County shall develop criteria consistent with the Growth Management Act for designating future industrial and commercial development outside of Urban Growth Areas that protect rural character while encouraging vehicle trip reduction. The criteria should allow for industrial resource-based land use and recreation and for convenience commercial that is scaled to serve the daily needs o£rural residents. 3. The following policies relate to establishing and maintaining rural levels of service: a. Rural level-of-service standards shall address sewage disposal, water, transportation and other appropriate services. The standards shall be developed based upon levels of service typically delivered in rural areas consistent with RCW 36.70A.030 (16). b. For purpose of trip reduction, develop a range of alternative modes of transportation consistent with rural levels of service to connect Rural Communities with urban Centers. c. When sewers need to be extended to solve isolated health, environmental, and sanitation problems, they shall be designed for limited access so as not to increase the development potential of the surrounding rural area. 4. The following policies relate to conserving small-scale natural resource use in rural areas: a. Rural land use designations in the County's Comprehensive Plan should support rural uses such as fanning, forestry, mining, recreation, and other rural activities, and permit a variety of low-density residential uses which 16 February 3, 2004 preserve rural character, and can be sustained by rural service levels. b. The County's Comprehensive Plan policies shall promote clustering residential development and other techniques to protect and enhance significant open spaces, natural resources, and critical areas for more efficient use of the land. Clustering should not increase residential housing units in the overall area designated as rural, consistent with designated rural densities. Development clusters shall be designed, scaled and sited in a manner consistent with rural character and the provision of rural levels of service. c. The County's Comprehensive Plan policies shall support Rural Communities as locations of employment, a mix of housing types, and cultural activities for rural areas that primarily function as locations for service needs such as grocery stores, shopping, and community services, and small-scale cottage industries for the surrounding rural area. I7 Februa~3, 2004 Eiementl~E. POLICIES FOR COUNTYWIDE STRATEGIES FOR OPEN SPACE PRESERVATION, RESOURCE PROTECTION, AND CRITICAL AREAS. Open space is defined as land area consisting of natural systems, resource lands and critical areas that include building limitations for future development. These critical areas include wetlands, wildlife conservation areas, steep slopes, frequently flooded areas and areas with a critical recharging affect. These open space lands also include aesthetic functions such as view sheds of the water or ridgelines. Many of these natural systems are inter-connected and cross multi-jurisdictional boundaries within the County. The strategy is to conserve these areas and connect them to create a regional open space network to protect critical areas, conserve natural resources, and preserve lands and resources of countywide and local significance 1. The following policies relate to creating a regional network of open space: a. The County and the Cities shall implement the Kitsap County Open Space Plan and the Kitsap County Consolidated Greenway Plan which identify a countywide green space strategy that incorporates planning efforts of the County, Cities, state agencies, non-profit interest groups and land trusts in the County. b. The County and the Cities shall preserve and enhance, through inter-jurisdictional planning, significant networks and linkages of open space, regional parks and public/private recreation areas, wildlife habitats, critical areas resource lands, water bodies and trails. c. The County and the Cities shall frame and separate urban areas by creating and preserving a permanent network of urban and rural open space, including parks, recreation areas, critical areas and resource lands. 2. The following policies relate to conserving and enhancing the County's natural resources, critical areas and environmental amenities while planning for and accommodating sustainable growth: a. The County's and the Cities' Comprehensive Plans shall each address regional air and water quality protection. b. The County and the Cities shall protect critical areas (wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas) and other environmental amenities such as view corridors, canopy cover, and ridgelines. c. The County and the Cities shall establish and implement best management practices to protect the long-term integrity of the natural environment, adjacent land use, and the productivity of resource lands. d. The County and the Cities shall establish procedures to preserve significant historic, visual and cultural resources including views, landmarks, archaeological sites, and areas of special locational character. e. The County and the Cities shall encourage the use of environmentally sensitive development practices to minimize the impacts of growth on the County's natural resource systems. f. The County and the Cities shall work together to identify, protect, and restore networks of natural habitat areas and functions that cross-jurisdictional boundaries. g. The County and Cities shall protect and enhance ecosystems that support Washington State's Priority Habitat and Species as identified by the Washington Department ofFish and Wildlife. 18 Februa~3, 2004 h. All jurisdictions shall maintain or enhance water quality through control of runoff and use of best management practices to protect aquatic resources. 3. The following policies relate to listed species recovery under the Endangered Species Act (ESA): a. The County and the Cities shall preserve, protect, and where possible restore the functions of natural habitat to support ESA-listed species, through the adoption of comprehensive plan policies, critical area ordinances, shoreline master programs and other development regulations that seek to protect, maintain or restore aquatic ecosystems associated habitats and aquifer through the use of management zones, development regulations, incentives for voluntary efforts of private landowners and developers, land use classifications or designations, habitat acquisition programs or habitat restoration projects. b. The County and the Cities shall provide incentive-based non-regulatory protection efforts such as acquisition of priority habitats through fee-simple and conservation easements from willing sellers. c. The County and the Cities shall jointly establish and implement monitoring and evaluation program to determine the effectiveness of restoration, enhancement, and recovery strategies for salmonids including ESA- listed species. Each jurisdiction shall apply an adaptive management strategy to determine how well the objectives of listed species recovery and critical habitat preservation/restoration are being achieved. 4. The following polices relate to coordination of watershed and land use planning: a. The County and the Cities shall participate in a planning program that determines changes in stream hydrology and water quality under different land use scenarios at full build-out of designated land use classifications. b. The County and the Cities shall coordinate land use planning using watersheds or natural drainage basins to implement strategies for restoration of aquatic habitat and to reduce impacts to other natural systems. c. Kitsap County shall coordinate and maintain a regional database of best available science for the purpose of modifying Critical Areas Ordinances, if funding is available. d. Upon adoption of a state classification system, the Cities and the County shall establish a single system for stream typing. 19 Februa~3, 2004 Element E _F. CONTIGUOUS AND ORDERLY DEVELOPMENT Upon designation of Urban Growth Areas, the County and Cities will need to develop consistent implementation measures to ensure that development occurs in an orderly and contiguous manner. The intent of the £ollowing countywide planning policies is to minimize differences in urban development regulations and standards between the County and the Cities and to facilitate the economical provision of urban services to development. 1. The following policies relate to the encouragement of cooperative inter-jurisdictional planning by federal, tribal, state, local, and special purpose government: a. Inter-jurisdictional discussion, information exchange, and coordination of proposals shall be initiated as early and expeditiously as possible by the responsible agencies. b. Initial inventories and analyses of utilities and public services information are critical to the planning process and shall be made available as early and expeditiously as possible by the responsible agencies. c. The Kitsap Regional Coordinating Council may establish or designate on-going technical committee(s) comprised of representatives ~rom utilities and service providers to investigate long-range regional needs for various facilities and services, including but not limited to those for transportation, sewer and storm drainage, availability and delivery of potable water, solid waste, broadband, parks and recreation, and open space. d. The Countywide Planning Policy will further the implementation o£Vision 2020 and Destination 2030 as adopted by the Puget Sound Regional Council. 2. The following policies relate to inter-regional coordination of land use and transportation planning: a. The County and the Cities shall participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization. b. Locally-generated data shall be provided to the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization for use in their coordination of population forecasts, land use, and transportation. c. The planning proposals of these regional organizations shall be monitored and adjustments recommended to ensure that they accurately reflect local needs and plans. 3. The following policies relate to fiscal di~par:~t.:c~ equitt,: a. It is recognized that fiscal disparities exist as a result of growth and changes in municipal boundaries. The Kitsap Regional Coordinating Council shall monitor the Revenue Sharing Inter-local Agreement among the County and Cities (shown as Appendix A) and seek additional_ways to address fiscal disparities as they relate to promoting coordinated development and the implementation of the Growth Management Act. b. The County and the Cities shall work together to insure that all fees associated with development approval are based upon the real cost of service and act to encourage development within designated Urban Growth Areas. c. The Kitsap Regional Coordinating_Council shall sponsor on-going regional discussion on revenue disparity issues. 20 Februaw3, 2004 Element ir G. SITING PUBLIC CAPITAL FACILITIES OF A COUNTYVv'IDE OR STATE-WIDE NATURE. The Growth Management Act requires local governments to inventory existing capital facilities owned by public entities, to identify locations and to determine capacities to meet future demand for growth without decreasing levels of service. The Washington State Office of Financial Management is responsible for identifying and maintaining a list of essential state public facilities that are required or likely to be built within the next six years as required by the Growth Management Act. Counties and cities are also required to coordinate the siting of countywide and statewide capital facilities to mitigate potential adverse impacts from the location and development of these facilities. 1. The following policies relate to the identification of needed capital facilities: a. The County and the Cities shall each inventory their existing capital facilities and identify needed facility expansion and construction and provide that data to the Kitsap Regional Coordinating Council. b. r, ..... ~ .... ~; ..... , ..... ;~ pR gi gC ...................... : and rrna! i The Kitsa e onal Coordinatin ouncil shall develop and maintain a list of public capital facilities needed to serve Kitsap County as a whole, based upon the County and Cities' Comprehensive Plans, the Countywide Coordinated Water System Plan, and other appropriate system plans. These include, but are not limited to, solid and hazardous waste handling facilities and disposal sites, water and wastewater treatment facilities, regional water supply intertie facilities, regional education institutions, airports, local correctional facilities, in-patient facilities including hospitals and regional park and recreation facilities, and government buildings that serve Kitsap County as a whole, including those essential public facilities as defined in RCW 36.70A.200. 2. The following policies relate to establishing a process and review criteria for the siting of facilities that are of a countywide or statewide nature: a. When an a difficult-lo-site essential public facility ora counly~,ide or statewide nature as defined in RCW 36.70A.200 is proposed in Kitsap County, the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected by the member jurisdictions to represent a broad range of interest groups to evaluate proposed public facility siting. At a minimum this evaluation shall consider: i. the impacts created by existing facilities: ii. the potential for reshaping the economy, the environment and community character; iii.the development of specific siting criteria for the proposed project, giving priority consideration to siting within Designated Centers; iv. the identification, analysis and ranking of potential project sites; v. measures to first minimize and second mitigate potential physical impacts including, but not limited to, those relating to land use, transportation, utilities, noise, odor and public safety; vi. measures to first minimize and second mitigate potential fiscal impacts. b. Certain public capital facilities such as schools and libraries that generate substantial travel demand should be located first in Designated Centers or, if not feasible to do so, along or near major transportation corridors and public transportation routes. 2l February 3, 2004 d. Some public capital facilities, such as those for waste handling, may be more appropriately located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or objectionable characteristics. Public facilities located beyond Urban Growth Areas should be self-contained or be served by urban governmental services in a manner that will not promote sprawl. Utility and service considerations must be incorporated into site planning and development. e. Uses shall adhere to local health district or state agency rules regarding commercial and industrial use of on- site sewage systems. f. The multiple use of corridors for major utilities, trails and transportation rights-of-way is encouraged. g. County and City comprehensive plans and development regulations shall not preclude the siting of essential public facilities. h. Public facilities shall not be located in designated resoume lands, critical areas, or other areas where the siting of such facilities would be incompatible. 3. The following policies relate to air transportation facilities in Kitsap County: a. The Counties and the Cities shall recognize the importance of airports as essential public facilities and the preservation of access to the air transportation system. b. The County and the Cities shall ensure the safety of the community and airport users through compatible land use planning adjacent to airports and coordination of the airport with ground access. Examples would include not encoura,ging or xupporti~g higher residential densities, schools, or hospitals near airports or airport approach corridors. 22 February 3, 2004 Element G H, TRANSPORTATION The Growth Management Act requires that transportation planning be coordinated among local and state jurisdictions. The Growth Management Act further requires that transportation planning be coordinated with the land use elements of local comprehensive plans, Coordination of land use and transportation plans will allow Kitsap County and the Kitsap Cities to meet three inter-related transportation goals: o Serve Designated Centers to reduce sprawl, conserve land and make more efficient use o£ infrastructure, © Preserve the natural envirorLment, including water and air quality, o Provide a balanced system for the efficient, safe movement of people, goods and services among Designated Centers within Kitsap County and the larger Puget Sound region. The intent of the following policies is to define appropriate methods and strategies to achieve these goals through inter-regional and intra-regional coordination among transportation and land use planning agencies. For the purpose of this Polio', the/b/lowing transportation/~leilities are o/Countywide si54nificatlce : a. state and federal hi54hwaFs; b. ma/or arterials: c. public' transit facilities and servicex; d non-motorized facilities connecting designated centers e. marine transportation [bcilities ([krries, shipping)' airport, s' (passenger or [i'eight); g. rail [bcilities (passenger or freight); The {bllowing [hcilities and system components shall be included ia the multi-modal network: a. roads', including ma[or h(~hways, arterials and collectors; b public' transit, inclttding bits, rail, and park & ride lois: c. non-motorized facililies; d vehicle andpasseager onl}L[&rries' parking [i~cililie.s' lbal ,s'upporl the multi-nlodal netn,ork 54. fi~cilities related to transportation demand mana54ement. h. intelli54eat transportation sFstems (I7~$') 1. The following policies relate to strategies to optimize and manage the use of transportation facilities and services: a. The County and the Cities shall each emphasize the maintenance and preservation of their existing transportation network. b. Through an annual review of the Transportation Element of their Comprehensive Plan, the County and the Cities shall each identify and prioritize operational and safety ~;,%it., de/iciencies. c. The County and the Cities shall utilize Transportation System Management strategiessuch ~ ................ ~c n, parking restrictions, traffic signal coordination, tra~sit queue/umps, ramp metering, and striping non-motorized transportation facilities. 23 February 3, 2004 d. The County and the Cities should 'emaside~ develop and implement access management regulations that provide standards for driveway spacing and delineation and encourage the joint use of access points where practical. e. The County and the Cities shall actively seek opportunities to share facilities, expertise, and transportation resources, such as multiple use park & ride/parking lots or shared traffic signal maintenance responsibility. 2. Since 1980, the total number of vehicle miles traveled in the Puget Sound Region has grown twice as fast as employment and four times as fast as population. While it has been fueled by a number of factors, trying to meet this escalating demand for vehicle travel would require financial resources far beyond existing funding sources, with substantial negative environmental impacts. The shift of travel trips from single occupant (SOV) to high occupant vehicles (ItOV) and from vehicles to non-motorized modes will benefit air quality and the level of traffic congestion. The following policies relate to reducing the rate of growth in auto traffic, including the number of vehicle trips, the number of miles traveled, and the length of vehicle trips taken, for both commute and non-commute trips: a. The County and the Cities shall provide both infrastructure and policy incentives to increase the use ofnon- SOV modes of travel. b. The range of infrastructure incentives to encourage the use of non-SOV modes of travel could include the following: i. Provide public transit, including preferential treatments for transit, such as queue by-pass lanes, traffic signal modifications (Opticom), and safe, ?:'c~[:zr!;' d~:;igne~! transit stops. ii. Provide integrated transfer points to facilitate seamless trips between transit and other modes of travel, particularly at ferry terminals, including park & ride lots, bike stora.qe [iJcilities, carpool/vanpool and transit advantages i~ to ease ot: ingress/egress, and with proximity to actual connection points, and innovative transit-oriented "' "' ' ' ~ development. iii. Provide non-recreational bicycle and pedestrian facilities, including safe neighborhood walking and biking routes to school. iv. During the development of all state, connty, and city highway capacity improvement projects, consider the market for non-SOV travel, and the addition of High Occupancy Vehicle (HOV) lanes, park & ride lots, appropriate infrastructure for both bicycling and walking, and te!eccmmun~cat;.,~nz ~::fraztx:ct~:re. c. The range of policy incentives to encourage the use ofnon-SOV modes of travel could include the following: i. Increased emphasis on the Commute Trip Reduction Program already in place (including ridesharing incentives), with Kitsap Transit designated as the lead agency, including program promotion and monitoring. ii. Managed parking demand at ferry terminals, employment, and retail centers to discourage SOV use through privileged parking for HOV users, fee structure and parking space allocations. iii. Encouraging telecommuting as a viable work alternative. iv. Encouraging the shift of work and non-work trips to off-peak travel hours. v. Congestion pricing. 24 February 3, 2004 vi. Auto-restricted zones. vii. Promotion of driver awareness through educational efforts. d. The County and the Cities shall develop standards that address appropriate bicycle and pedestrian facilities for development of new streets and reconstruction of existing streets in Designated Centers and Rural Communities. e. In Designated Centers, the jurisdictions should complete missing vehicular and non-motorized links between key arterials to accommodate pedestrian and bicycle facilities, without compromising safety standards. f. The County and the Cities shall develop coordinated bicycle and pedestrian systems or plans, which should be consistent across jurisdictional boundaries with particular consideration to providing safe routes for children to walk and to bike to school. d. In cases of substantial residential or commercial development, Kitsap Transit shall review and comment on development proposals to facilitate convenient use and operation of appropriate transit services. 3. The following policies relate to the environmental impacts of transportation policies: a. Transportation improvements shall be located and constructed so as to discourage/minimize adverse impacts on water quality and other environmental features. b. The County, the Cities, and Kitsap Transit shall consider programming capital improvements and transportation facilities that alleviate and mitigate impacts of land use on air quality and energy consumption, such as: high-occupancy vehicle lanes; public transit; vanpool/carpool facilities; electric and other low emission vehicles including buses; bicycle and pedestrian facilities that are designed for functional transportation. c. The County and the Cities shall ensure environmental protection, water quality, and conformance with ESA requirements through best management practices throughout the life of the transportation facilities, including: i. Facility design, and in particular collection and treatment of storm water and surface run-off, ii. Avoiding construction during the rainy season. iii.Regular and routine maintenance of systems. d. The County, the Cities, and Kitsap Transit shall provide public education about anti-pollution measures, such as turning offcar engines while w .... . ,,,,~.,~ ........ :,.,,; .... ~-,,~-,, mt~ng at ferry terminals and parking lots ........... 4. Recognizing that the County and the Cities each encompass a range of development and density patterns, each jurisdiction shall designate its Centers consistent with the criteria set forth in Element B of the Countywide Planning Policy. The following policies relate to .... '~":-~ ............ o,__,~,a,, plannm~; ,.outdelines' ' to support transit and pedestrian travel appropriate to each type of urban and rural development or re- development: a. The County and the Cities sh~ll ,-~,-h ,~-,~ ....~,,: .......... ~,,,,~ ...... .............. t ...... e ............. p~ epa~ ~ developrnen! xtrategies for their Designated Centers that ;:5!! :'-"~' ''~ ......... :~:,- .'* ........ : ........ ~ ............. ~,,o to encourage [bcused mixed uxe development rind mixed lFpe hoztsin~ to achieve densities and developrne~tl pallerm lhal supporl multi-modal transportation. 25 February 3, 2004 b. In Urban Growth Areas, eomprehensive plans should promote det;ign standard:;''~'~'u~,...,·. · ............ ,,~ ~,~ pedestrian-and transit-oriented development lha! includes design that inc!'a~e,g ctmvcnient access to alternative transportation and, in the interest 0fsafety and convenience, includes £eatures amen:Wt~, such as lighting ......... ~',~,s, pedestrian bu/tkrs, sidewalks, and ........ acce.~s enhancements for physically challenged individuals. c. Rural Communities outside Urban Growth Areas shall accommodate appropriate pedestrian/bicycle connections and transit service and facilities consistent with rural levels of service in order to minimize vehicle trips. 5. The following policies relate to transportation linkages between designated local and regional Centers: a. Regional corridors shall be designated for, ~r,:~^, ~.,~,~, automobile,/'reight, transit, HOV facilities, rail, marine, bicycle, and pedestrian travel between centers as part of the countywide transportation plan. b. The transportation system linking Designated Centers within urban areas and Rural Communities within the county shall be transit-oriented and pedestrian and bicycle friendly. 6. The following policies relate to freight transportation: a. Preferred routes for the movement of freight shall be identified as part of the countywide transportation plan. b. The County and the Cities shall work to ensure that compatible land uses are applied along designated freight corridors; including, but not limited to. corridors/hr air. rail, road and marine traffic. c. The County and the Cities shall use appropriate roadway standards for designated freight corridors. 7. The following policies relate to transportation relationships with the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization: a. The Countywide Planning Policy shall further the implementation of Vision 2020 and Destination 2030 as adopted by the Puget Sound Regional Council. b. The County and the Cities shall actively participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization (RTPO) to assure that transportation planning in the two regions is consistent and accurately reflects local needs related to identified regional system components. c. The Kitsap Regional Coordinating Council shall serve as the point of coordination to assure Puget Sound Regional Council and Peninsula RTPO planning programs are consistent and mutually beneficial to jurisdictions within Kitsap County. d. The Transportation Improvement Program (TIP) for Kitsap County shall continue to be a part of the regional TIP adopted by the Puget Sound Regional Council. Local review, comment and recommendations shall be coordinated through the Kitsap Regional Coordinating Council. 8. The following policies relate to the identification of needed transportation related facilities and services within Kitsap County: a. The Puget Sound Regional Council and the Peninsula RTPO shall identify regional system components and related improvements within Kitsap County with the concurrence of the Kitsap Regional Coordinating Council. 26 February 3, 2004 b. A countywide transportation plan developed by the Kitsap Regional Coordinating Council shall be prepared pursuant to the Growth Management Act to identify countywide transportation facility and service needs. A technical committee including transit and local, regional, and state transportation providers shall be used in this process. 9. The following policies relate to the coordination of intra-county transportation planning efforts: a. The Puget Sound Regional Council reviews Cities' and the County's Comprehensive plans for consistency of land use and transportation elements. b. The County and the Cities shall address compatibility between land use and transportation facilities by: i. Not using new road improvements to justify land use intensification. ii. Managing access on new transportation facilities outside Urban Growth Areas; iii.Allowing phased development of improvements including acquiring right of way; iv. Using comprehensive plans and development regulations to ensure that development does not create demands exceeding the capacity of the transportation system, such as: density limits in areas outside of Urban Growth Areas; concurrency management and adequate public facility regulation; integrated multi- modal and non-motorized networks; c. The County and the Cities shall work together in a coordinated, iterative process to periodically reassess whether regional land use and transportation goals can realistically be met. If transportation adequacy and concurrency cannot be met, the following actions should be considered: i. Adjust land use and/or level of service (LOS) standards; ii. Make full use of all feasible local option transportation revenues authorized but not yet implemented; and iii.Work with Washington State Department of Transportation (including Washington State Ferries), Kitsap Transit, and the private sector to seek additional State transportation revenues, state and federal grants for infrastructure improvements, and local options to make system improvements necessary to accommodate projected population growth. d. Adjacent jurisdictions in Kitsap County shall develop consistent street classification system and street standards. e. Kitsap Regional Coordinating Council may establish a process for evaluating development impacts including those that may affect neighboring jurisdictions within the county. f. The Kitsap Regional Coordinating Council shall function to ensure that transportation planning, system management and improvements at local, regional, and state levels are coordinated, complementary, and consistent with adopted comprehensive land use plans. 10. The following policies relate to coordinated and consistent level of service {LOS) standards: a. The County and the Cities should develop comparable level of service standards among the County, Cities and the State of Washington for identified regional system components. b. The County and the Cities shall adopt roadway LOS standards. Urban growth management agreements shall designate level of service standards. 27 February 3, 2004 c. The County and the Cities shall adopt transit LOS in the form of "Service Standards" adopted by the Kitsap Transit Board of Commissioners. The standards shall consider both frequency of service and bus capacity. ~.~ nT,.~,~.;~,~,,., e,~,~ ~.: ........... .~..~: ...... '~ "" :;uch. Consistent with State law, the CountF and Cities shall recognize the Level of Service Standards [bt Highwa¢~, o['Statewide Sign(ficanee, including principal arterial ferr}, routes, that have been adopled b~, the Washington State 'l)'ansT~ortation Commission, in their respective Comprehensive Plans, e. For State highways and facilities of regional significance, including the Southworth ferry route, the County and the C~t~es' ' shall ;^;..,~, ............. ..... ~ r~e ..,m. ...... WSDOT t~rouT, h include the Level of Service Standards adopted these routes h~' the Puget Sound Regional Council and the Peninsula RTPO in their re~i)ective Comprehensive Plans. f. On highways and slreets which are sub[ecl to concurrency requirements, t:t:he County and the Cities shall each identify capacity deficiencies and either address them in terms of identified funding, o~ adjust the LOS standard on a temporary basis or plac~ a temporarr moratorium on development. g. On highwalJ,s' and streets which are subject to concurrency reqttiremenls, nNew development should not cause LOS to degrade to a level lower than the adopted standard, consistent with State law. 28 Februao, 3, 2004 Element H L AFFORDABLE HOUSING The Growth Management Act requires cities and counties to encourage the availability of housing that is affordable for all income levels at a variety of housing densities. Local jurisdictions are also encouraged to preserve existing housing resources in their communities. 1. The following definitions relate to the Countywide Planning Policy: a. Below Market Rate Housing shall mean housing intended for low-to-middle income households. These income levels are further defined as follows (WAC 365.195): i. Extremely low-income shall mean those households that have incomes that are at or below 30% of the countywide median. ii. Very low-income shall mean those households that have incomes that are within the range of 31 - 50% of the countywide median. iii. Low-income shall mean those households that have incomes that are within the range of 51 _ 80% of the countywide median. iv. Moderate-income shall mean those households that have incomes that are within the range 81_95% of the countywide median. v. Middle-income shall mean those households that have incomes that are within the range of 96_ 120% of the countywide median. b. Market Rate Housing shall mean housing intended for households with incomes that are greater than 120% of the countywide median. 2. The following policies relate to a coordinated process among County, Cities, and housing agencies for determining and fulfilling housing needs, and the equitable distribution of below market rate housing in Kitsap County: a. The County and the Cities should inventory the existing housing stock consistent with the Growth Management Act following each decennial census review, and correlate with current population and economic conditions, past trends, and ten year population and employment forecasts, to determine short and long range housing needs, including rental and home ownership. Navy personnel housing policy should also be considered. b. Recognizing the percentage share of the existing and forecasted countywide population and the distribution of existing below market rate housing, the County and the Cities should develop strategies to equitably disperse projected countywide below market rate housing needs throughout Kitsap County in the Urban Growth Areas and, where they are specifically found to be appropriate in consideration of existing development patterns and densities, in designated Rural Communities. c. Local housing inventories, projections, and equitable distribution strategies should be compiled and updated under the coordination of the Kitsap Regional Coordinating Council to identify countywide conditions and projected needs. 29 February 3, 2004 d. The County and the Cities should each identify specific policies and implementation strategies in their Comprehensive Plans and should enact implementing regulations to provide a mix of housing types and costs to achieve identified goals for both market rate and below market rate housing. 3. Recognizing that the market place makes adequate provision for those in the upper economic brackets, some combination of appropriately zoned land, regulatory incentives, financial subsidies, and innovative planning techniques will be necessary to make adequate provisions for the needs of middle and lower income persons. (WAC 365.195-070.6) The following policies relate to the provision of below market rate housing: a. Local comprehensive plan policies and development regulations shall encourage and not exclude below market rate housing. b. Below market rate housing strategies should include: i. preservation, rehabilitation and redevelopment of existing neighborhoods as appropriate, including programs to rehabilitate substandard housing; ii. provision for a range of housing types such as multi-family, single family, accessory dwelling units, cooperative housing, and manufactured housing on individual lots and in manufactured housing parks; iii. housing design and siting compatible with surrounding neighborhoods; iv. mechanisms to help people purchase their own housing, such as low interest loan programs, "self-help" housing, and consumer education. c. Each jurisdiction shall promote the development of below market rate housing in a dispersed pattem so as not to concentrate or geographically isolate low-income housing in a specific area or community. d. Below market rate housing should be located throughout Kitsap County in a manner to provide easy access to transportation, employment, and other services. Designated Centers should include below market rate housing. Rural self- help housing programs should be encouraged either in or outside of designated Rural Communities. e. Housing policies and programs shall address the provision of diverse housing opportunities to accommodate the homeless, the elderly, physically or mentally challenged, and other segments of the population that have special needs. fi Innovative regulatory strategies shall be developed and implemented to provide incentives for the development of below market rate housing within Designated Centers. Jurisdictions shall develop strategies which provide a wide range of opportunities for promoting the production of below market rate housing through means such as: reducing housing cost by subsidizing utility hook-up fees and rates, impact fees, and permit processing fees; density incentives; smaller lot sizes; zero lot line designs; inclusionary zoning techniques, such as requiring below-market rate housing in new residential developments; transfers of development rights and/or a priority permit review and approval process. g. Policies and regulations shall encourage the production of below market rate housing. The County and the Cities shall incorporate a regular review of public health and safety regulations pertaining to housing implementation strategies to assure that protection of the public health and safety remains the primary purpose for housing standards. 30 February 3, 2004 h. The County and the Cities shall participate with housing authorities established to facilitate the production of below market rate housing. The County and the Cities shall also recognize and support other public and private not-for-profit housing agencies. Supporting housing agencies is encouraged through public land donations, guarantees, suitable design standards, tax incentives, fee waivers, providing access to funding sources and support for funding applications, or other provisions as appropriate. 31 February 3, 2004 Element J_... POLICIES FOR COUNTYWIDE ECONOMIC DEVELOPMENT. Growth Management Act requires that general economic development policies be identified in the Countywide Planning Policy process. Consistent with the goals of the Act, economic development planning must be coordinated with local comprehensive plans. The intent of the following policies is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add predictability and certainty to the private investment decision. 1. The following policies relate to a general strategy for enhancing economic development and employment: a. The County and the Cities recognize that a healthy economy that provides opportunities for diverse segments of the community is important to the quality of life in the county. Economic development should be balanced with environmental concerns and protect the quality of life. b. The County and the Cities recognize that the economy in Kitsap County is very dependent on the U.S. Navy and diversification is necessary. The County and the Cities shall collaborate with ports, tribes, and other special districts to encourage economic growth and diversification that is consistent with comprehensive plans and policies for land use, transportation, public transit, regional water supply, capital facilities, urban governmental services and environmental quality. c. The Kitsap Regional Coordinating Council may designate the Economic Development Council to prepare specific strategies for economic growth in concert with local plans and policies. d. Local governments are encouraged to utilize the Economic Development Council as a resource to provide advice on economic development needs, the potential for retaining and expanding existing industries, including the U.S. Dept. of Defense, and attracting new industries, especially those that would improve wage and salary levels, increase the variety of job opportunities and utilize the resident labor force. e. The £'ount~' and the Cities recognize that widespread access lo broadband capabililv will enhance economic development in Kitsap Counlv. Local governments are encouraged to collaborate with the Economic Development Council to promote the expansion of telecommunications in Kitsap County and to coordinate telecommunications policy with regional and federal agencies, including public utility districts, Bonneville Power Administration, regional transportation planning organizations, and neighboring counties. f. Efforts of educational institutions to improve and expand vocational and post-secondary education programs should be supported to assure a highly skilled, technically trained resident work force. 2. The following policies relate to the role of government agencies in assuring coordinated, consistent efforts to promote economic vitality and equity throughout Kitsap County: a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites as centers for employment. b. The County and the Cities shall encourage the full utilization/development of designated industrial and commercial areas. The County and the Cities shall promote revitalization within existing developed industrial and commercial areas to take advantage of the significant investments in existing buildings and infrastructure. c. The County and the Cities shall cooperate with tribes, ports, other special districts, and all economic development interests to identify the capital facility needs of designated industrial and commercial sites and investments to support economic development. 32 February 3, 2004 d. The County and the Cities shall collaborate with tribes, ports, and other special districts to identify innovative development methods such as public and private partnerships and community development assistance financing to increase economic vitality. e. The County and the Cities shall collaborate with the EDC and the Ports to establish a common method to monitor the supply of designated commercial and industrial sites and to ensure adequate land supply for the expansion of existing enterprises and the establishment of new economic enterprises. The monitoring method shall indicate environmental constraints, infrastructure availability and capacity, and shall use the Kitsap County Geographic Information System and gu/4dabtea.~':~-s Laml Capacity, Analysis as a regional database for this information. f. The County and the Cities shall establish common infrastructure policy and standards, including telecommunications infrastructure. g. The Kitsap Regional Coordinating Council shall coordinate the development of land supply monitoring methods, common infrastructure policy and standards, and other strategies among the County, the Cities, Tribes, Ports, and other special districts to encourage economic development in Kitsap County. h. The County and the Cities shall each establish and monitor a development review process that is timely, predictable, efficient, fair, and consistent. i. Where more than one jurisdiction is involved in planning and permitting a business development, the jurisdictions shall work collaboratively to provide consistent development regulations and permitting. j. The County and the Cities shall encourage small business enterprises and cottage industries, and allow appropriate and traditional home occupations as permitted by local regulations. 33 February 3, 2004 Element J K. AN ANALYSIS OF THE FISCAL IMPACT. Communities must be able to fully evaluate the implications of policies and actions to determine thc impact on physical and public finance resources. Thc State Environmental Policy Act of 1971 created a process for analyzing human and physical environmental impacts. Fiscal impacts, however, have not been as universally identified and considered. This policy element required by the GMA is vague, allowing local governments to determine the scope of thc fiscal impact analysis. The focus of thc policies in this section is directed toward the implementation of the Countywide Planning Policy and actions that may occur as a result of these guidelines. 1. The Kitsap Regional Coordinating Council sha!l may work to develop a process for use by local governments to facilitate the identification, analysis and disclosure of the fiscal impacts of major development proposals and governmental actions. The process :ha!! could establish formulae to address fiscal impacts, including tax revenue and service cost implications, of the following: a. Proposed changes in municipal boundaries, including annexations, partial disincorporation and incorporation; b. Proposed changes in an urban growth area boundary; c. Proposed new fully contained communities; d. Proposed master planned resorts; e. Proposed public facilities and services. f. Other proposals as determined by the local government having lead agency status under the provisions of the State Environmental Policy Act. 34 Februaw3, 2004 Element. K L. COORDINATION WITH TRIBAL GOVERNMENTS The Suquamish Tribe, the Port Gamble S'Klallam Tribe, and other federally recognized Indian tribes have reservations and/or trust resources within Kitsap County, Washington. These tribes are parties to treaties with the United States Government through which certain rights and privileges both on and off reservation were articulated and remain in effect. These tribes have authorities, responsibilities, interests and treaty rights within their respective reservation boundaries and Usual and Accustomed Areas. Since future growth and land use decisions in Kitsap County affect all govemmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. 1. Meaningful and substantial opportunities for early and continuous tribal government participation shall be incorporated into regional and local planning activities. 2. Local jurisdictions should work with the tribes to develop agreements that provide for discussion on comprehensive planning issues among governments and ensure that the tribes are consulted on issues within their interest. The parties will jointly determine the appropriate contents of the agreements and a schedule for completing them. 3. Tribal governments, federal agencies, and county and local governments are encouraged to coordinate plans among and between governments and agencies to address substantive areas of mutual interest especially where geographical areas overlay and promote complementary and cooperative efforts. 4. City and County governments are encouraged to include Tribal governments in joint comprehensive planning and development activities for areas within the Tribes' Usual and Accustomed areas. Activities include but are not limited to the establishment and revision of urban growth boundaries, distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources. 5. All County, City, and Tribal government agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. 6. The County, the Cities, and Tribal governmental agencies are encouraged to keep one another informed about matters of local and regional interest by mutually agreeable means and schedule. 35 February 3, 2004 Element I= M. COORDINATION WITH FEDERAL GOVERNMENT INCLUDING NAVY The federal government has unique authorities, responsibilities, interests affecting land use and other activities. Since the impacts of future growth and development in Kitsap County affect all governmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. 1. Meaningful and substantial opportunities for early and continuous federal government participation shall be incorporated into regional and local planning activities. 2. It is recognized that constitutional and statutory provisions may constrain federal government agencies from entering into local agreements and processes. However, when possible, the County, the Cities, and federal governments should establish intergovernmental cooperative agreements promoting coordination and involvement in activities that are of mutual interest. 3. Federal agencies and county and local governments are encouraged to coordinate plans among and between governments and agencies to make plans as consistent and compatible as possible for properties over which they have authority or activities they authorize and the adjacent areas affected. 4. Federal government agencies are encouraged to participate in City, County, and joint comprehensive planning and development activities that may affect them, including the establishment and revision of urban growth areas encompassing, adjacent to or within federally-owned lands; distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources of interest. 5. The following policies relate to promoting coordination among the Cities, County, and the federal government including the Navy: a. All jurisdictions should promote planning that considers the impact of new growth to avoid the potential for encroachment on military readiness activities as described below when developing zoning ordinances or designating land uses affecting military facilities. Each jurisdiction and the Navy should coordinate to identify the types of development and areas of interest to the Navy, method of notice, and opportunities for comment. b. "Military readiness activities" mean all of the following: i. Training, support, and operations that prepare the men and women of the military and Naval ships and submarines for combat. ii. Operation, maintenance, and security of any military installation. iii. Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. c. "Impacts" include but are not limited to: i. Aircraft, boat, and rail traffic. ii. Incompatible adjacent land uses. d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor issues that arise in implementing these policies, and should identify areas for improved coordination. 6. All County, City, and federal governmental agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. 7. The County, the Cities, and federal governmental agencies are encouraged to keep one another informed of matters of local and regional interest by mutually agreeable means and schedule. 36 Februa~3, 2004 Element M N. ROLES AND RESPONSIBILITIES The County, Cities, Tribal governments, and special districts are all involved in planning activities related to their statutory authority and responsibility. In addition to the responsibilities defined in previous countywide planning policies, this section further clarifies the planning roles and responsibilities of the KRCC and member agencies. 1. The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocai agreement to assure coordination, consensus, consistency, and compliance in the implementation of the Growth Management Act and comprehensive planning by County, city and tribal governments within Kitsap County. The Kitsap Regional Coordinating Council also provides a voice for all jurisdictions and opportunity for citizens and stakeholders to provide input to planning policies to be applied countywide. The interlocal agreement adopted by the County, the Cities and the Tribal governments declared that the Kitsap Regional Coordinating Council is necessary to maintain a regular intergovernmental communication network for all local and tribal governments within the county, facilitate compliance with the coordination and consistency requirements of the Growth Management Act, provide an effective vehicle to resolve conflict among and/or between jurisdictions with respect to urban growth boundaries or comprehensive plan consistency, and to build consensus on planning solutions for countywide growth management issues. The Kitsap Regional Coordinating Council shall: a. submit agreed-upon recommendations on behalf of member jurisdictions to multi-county regional agencies and State government on proposed changes to multi-county regional plans, State plans, and laws; b. provide a forum, as necessary, for achieving coordination in the development of local plans and resolving planning and plan implementation issues that are common among jurisdictiorks; c. promote coordination and consistency among local plans and between local plans and the Countywide Planning Policy and the Growth Management Act to the extent necessary to achieve regional policies and objectives. Through the Kitsap Regional Coordinating Council forum, jurisdictions should establish a process to monitor and review individual comprehensive plans and associated implementation mechanisms to determine consistency with the Countywide Planning Policy v.,,,~...~: ......... ~..,~.~ ........ :~, ......... bo d. serve as a forum_for resolving disputes locally. The process shall not preclude appeals to the Central Puget Sound Growth Planning Hearings Board if the local process has been exhausted without resolution of the dispute e. promote_coordination of educational programs and the dissemination of planning-related information of regional interest; fi coordinate the review, revision and monitoring_of the Countywide Planning Policy; g. apply for grants and administer contracts relative to regional tasks and plans; h. conduct the region wide growth management planning consistent with Element A. Countywide Growth Pattems3 i. initiate and coordinate the development of other regional planning policies and implementation mechanisms that may improve the effectiveness of the comprehensive planning process. j. define and implement procedures that assure opportunities for early and continuous public involvement in policy discussions facilitated by KRCC. 37 February 3, 2004 2. KITSAP COUNTY is the regional government within the county boundaries providing various services within unincorporated and incorporated areas as required and specified by law and by legal agreements. Kitsap County shall: a. be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits for the unincorporated portions of the county; b. bc responsible for coordinating water quality planning in multi-jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions; c. be responsible for coordinating the response on the listing for the federal Endangered Species Act in multi- jurisdictional watersheds as agreed by all affected and interested jurisdictions; d. be responsible for being a regional sewer provider to thc unincorporated and incorporated areas of Kitsap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan; (NOTE: This polic~, needs fio~ther review and clarification of CotmO, re.¥ponxibilit3~ within City and UGA) e. maintain a geographic information system to serve as a regional plaiming data base; f. execute Urban Growth Area Management Agreements with each city to address joint issues identified in the Countywide Planning Policy and other matters agreed to be of mutual interest; g. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 3. CITIES within Kitsap County provide a variety of services primarily to residents within their respective municipal boundaries. Cities shall: a. provide urban governmental services as identified in the Growth Management Act (Chapter 36.70A RCW) and adopted urban growth management agreements; b. be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits within the incorporated portion of the respective city; c. coordinate with other agencies as appropriate in multi-jurisdictional planning activities; d. execute a separate Urban Growth Area Management Agreement with Kitsap County to address joint issues identified in the Countywide Planning Policy and other matters agreed to be of mutual interest; e. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 4. SPECIAL DISTRICTS are governmental subdivisions of the county that are usually established to provide a defined scope of services. Special districts shall: a. be responsible for service provision, capital facility planning and other activities as authorized by law and legal agreements. b. coordinate capital planning and implementation strategies with local governments to assure consistency with comprehensive plan policies; 38 February 3, 2004 c. participate in service provision identification required in each urban growth management agreement; d. coordinate with other agencies as appropriate in multi-jurisdictional planning activities; e. provide technical assistance as appropriate to assist local governments in comprehensive plan development, adoption and implementation; f. be encouraged to enter into cooperative agreements and consolidate when possible to formalize participation in local and regional processes; g. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. h. be responsible for service provision, capital facility planning and other activities as authorized by law and legal agreements. i. coordinate capital planning and implementation strategies with local governments to assure consistency with comprehensive plan policies; j. participate in service provision identification required in each urban growth management agreement; k. coordinate with other agencies as appropriate in multi-jurisdictional planning activities; 1. provide technical assistance as appropriate to assist local governments in comprehensive plan development, adoption and implementation; m. be encouraged to enter into cooperative agreements and consolidate when possible to formalize participation in local and regional processes. n. define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 39 February 3, 2004 Appendix A Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Revenue Sharing Upon Annexation and In Conjunction With Major Land Use Decisions Within a City's Urban Growth Area (adopted by all parties in November-December, 2001) This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND, the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO, (hereinafter, the Cities), municipal subdivisions of the State of Washington. WHEREAS, through the Kitsap Regional Coordinating Council (hereinafter KRCC), the County and the Cities have worked together constructively on revenue sharing issues that in the past have been adversarial; and WHEREAS, the County and Cities sought a balanced set of revenue sharing provisions that would benefit both the County and the Cities and support the orderly evolution of logical land use patterns and jurisdictional boundaries; and WHEREAS, the County and Cities reached accord on a set of Principles of Agreement for Revenue Sharing in Annexations and in Major Land Use Decisions; and WHEREAS, the County and Cities desire to implement the Principles of Agreement through an interlocal agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: SECTION 1 ANNEXATIONS The purpose of this section is to provide a framework for logical and orderly annexations that are consistent with the Growth Management Act, Chapter 36.70A RCW (hereinafter GMA), and to mitigate the fiscal impact to the County of annexations initiated after the effective date of this agreement. 1.1 The Cities each confirm their willingness to eventually annex all land within their designated Urban Growth Area (hereinafter UGA) boundaries. 1.2 Each City shall encourage annexation of all lands equally, and will support logical and coordinated annexations, consistent with the intent of the GMA. 1.3 As part of the KRCC's 2002 Work Program, the County and Cities will continue to address coordinated development within the UGAs, including infrastructure standards and funding. 1.4 Before the County constructs a major infrastructure improvement within a City's designated UGA, the County and the City will negotiate and execute an interlocal agreement that specifies the level at which the City shall reimburse the County for a portion of its investment in the infrastructure improvement if the area where the improvement is to be located is annexed within a specified period of time. 40 February 3, 2004 1.5 The County and the Cities anticipate that each specific proposed annexation will require negotiation of other issues particular to its time, place and geography. The Cities and the County commit to completing these negotiations and executing an interlocal agreement on such issues in a timely manner. 1.6 As part of this agreement, the County will not oppose annexations within that City's designated UGA or invite the Boundary Review Board to invoke jurisdiction. 1.7 The Cities agree to share with the County revenue lost to the County and gained by the annexing City as follows: A. Revenue sharing payments shall be based on the following three sources of revenue: 1. The County's portion of the local retail sales tax levied under Chapter 82.14 RCW; 2. The ad valorem property tax levied by the County pursuant to RCW 36.82.040 for establishment and maintenance of county transportation systems; and 3. The admission tax levied by the County pursuant to Chapter 36.38 RCW. B. For purposes of this Section, "lost revenue" means an amount computed as follows: The combined total of the County's collections from all three soumes within the annexation area during the calendar year preceding annexation minus The combined total of the County's collections from all three sources within the annexation area during the first full calendar year following annexation. C. The amount of the payment from the City to the County will be based on a three-year "soft landing" approach as follows: 1. The Year 1 payment will be equal to 75% of the County's lost revenue; 2. The Year 2 payment will be equal to 50% of the County's lost revenue; and 3. The Year 3 payment will be equal to 25% of the County's lost revenue. D. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following annexation. Therefore, the County shall initiate a request for payment under this Section by written notice to the annexing City within two years of the effective date of the annexation. SECTION 2 MAJOR LAND USE ACTIONS The purpose of this section is to recognize that retail development near jurisdictional boundaries has an impact on neighboring jurisdictions and, in particular, on existing businesses and the demand for public services and facilities. This Section is designed to mitigate these impacts by providing that sales tax revenues from new major business development within a City's designated UGA, or from the relocation of an existing major business from a City to a location within the City's designated UGA, will be shared with the affected City. 2.1 For purposes of this Agreement, "major land use" means: 41 February 3, 2004 A. A new development within a City's designated UGA that houses any single retail tenant greater than 40,000 square feet; B. The expansion of an existing retail business within the City's designated UGA if the expansion is greater than 40,000 square feet; C. A retail business greater than 25,000 square feet that is relocated from a City to the City's designated UGA; or D. An automobile, track, recreational vehicle, manufactured or mobile home, or boat dealership, regardless of the size of the building permitted, that is newly located within a City's designated UGA, or relocated from a City to the City's designated UGA. 2.2 The County agrees to share with the affected City revenue lost to the City and gained by the County due to a major land use, as follows: A. Revenue sharing payments will be required only for local retail sales tax revenues generated from major land uses. Because there are limitations, related to confidentiality, on using a figure based on actual sales tax collections from the new or relocated business, the revenue sharing payment will be based on estimated sales tax revenues derived by using industry standards, such as the Washington State Department of Revenue or the Urban Land Institute, for taxable retail sales per square foot for businesses. B. For purposes of this Section, "lost revenue" means an amount computed as follows: Total gross enclosed building square footage of the major land use x Industry standard annual average retail sales per square foot for category of business that most closely resembles the major land use x Tax rate levied under Chapter 82.14 RCW for the first full calendar year following the date on which the County issues a certificate of occupancy for the major land use. C. The County will make revenue sharing payments for the first full three years after the major land use receives a certificate of occupancy. D. The revenue sharing payment from the County to the affected City will be calculated according to the following formulas: 1. For the relocation ora major retail business from a City to the City's designated UGA: a. The Year 1 payment will be equal to 75% of the City's lost revenue; b. The Year 2 payment will be equal to 50% of the City's lost revenue; and c. The Year 3 payment will be equal to 25% of the City's lost revenue. 2. For new development within a City's designated UGA that houses any single retail tenant greater than 40,000 square feet, the payment amount will be 50% of the City's estimated lost revenue each year for the first three years. 42 February& 2004 F. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following issuance ora certificate of occupancy. Therefore, the affected City shall initiate a request for payment under this Section by written notice to the County within two years of the date the major land use receives the County's permission to occupy the building. SECTION 3 MISCELLANEOUS 3.1 Duration. This Agreement will remain in effect until the terms of the Agreement are fulfilled. There is no other term agreed to by the parties 3.2 Reevaluation. Any City or the County may request immediate reevaluation of this Agreement by the KRCC Revenue Sharing Policy Committee. If the reevaluation fails to yield a resolution satisfactory to the requesting party within six months from the date the request for reevaluation was made, the requesting party may initiate the process for termination provided in this Agreement. 3.3 Termination. After completion of the Reevaluation process required by this Agreement, aparty may terminate this Agreement by 12 months' written notice to the other parties. Termination does not extinguish the obligations of the terminating party under this Agreement for annexations initiated, or major land uses for which an application is filed, prior to the effective date of termination. 3.4 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor. 3.5 Notices. Any notices required by this Agreement shall he delivered, or mailed postage prepaid, and addressed to: Kitsap County City of Bainbridge Island City of Bremerton Clerk to the Board City Clerk City Clerk Office of the Kitsap County City o f Bainbridge Island City of Bremerton Board of Commissioners 280 Madison Avenue N. 239 4th Street 614 Division Street Bainbridge Island, WA 98110 Bremerton, WA 98337 Mailstop 4 Port Orchard, WA 98366 City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council City Clerk Mayor Executive Director City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council 216 Prospect Street 19050 Jensen Wy NE 25406 S. Kingston Road Port Orchard, WA 98366 P.O. Box 98 Kingston, WA 98346 Poulsbo, WA 98370 3.6 Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. The KRCC shall oversee the revenue sharing process provided for in this Agreement. 3.7 Reporting. The County and the Cities shall report to the KRCC at the start of each calendar year any payments made or received by the reporting jurisdiction pursuant to this Agreement during the preceding calendar year. 3.8 Waiver. The failure by the County or any City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision, of this Agreement. 43 February 3, 2004 3.9 Entire Agreement. This Agreement includes the entire agreement of the parties with respect to any matter addressed in this Agreement 3.10 Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 3.11. County-wide Planning Policy. To the extent that anything in this Agreement may be found to be inconsistent with any part of the Kitsap County-wide Planning Policy, the County and City in 2002 will review the applicable parts of the County-wide Planning Policy and revise them in accordance with this Agreement. 3.12 Review. The County and the Cities shall review this Agreement within the KRCC in December of 2003, and every five years thereafter: 3.13 Effective Date. This Agreement shall take effect retroactively to September 4, 2001, as this date has been expressly agreed upon by all the parties. 44 February 3, 2004 Appendix B: Urban Growth Area Management Agreements The intent of the Urban Growth Area Management Agreement is to facilitate and encourage annexation and/or incorporation of urban areas over the 20 year planning period and to ensure compatibility of development within the unincorporated Urban Growth Area. Each Urban Growth Area Management Agreement shall: 1. Describe the g~als and pr~cedures ~f the j~int planning pr~cess including r~les and resp~nsibilities f~r the unincorporated Urban Growth Area, with the goal of having identical City and County plans, zoning, and development regulations. The following provisions should apply to the entire Urban Growth Area associated with the City un[ess mutually agreed otherwise by the City and County: i. The City's zoning code, densities, and development, sub-division, environmental, and construction standards. ii. The City's Levels of Service. iii. The Comprehensive Plan of the City should reflect land use planning)~br the entire Urban Growth Area. 2. ~denti~ resp~nsibility and mechanisms f~r c~mprehensive plan amendments~ z~ning changes and devel~pment applications within unincorporated Urban Growth Areas. Significant weight should be given to City preferences. 3. Identify services to be provided in the Urban Growth Area, the responsible service purveyors, and the terms under which the services shall be provided, including: Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Telecommunications, including Broadband All service providers, including special districts, and adjacent jurisdictions should be included in Urban Growth Area planning. 4. Reference the adopted Revenue Sharing Inter-local Agreement (see Appendix A). 5. Describe the Ci(y's pre-annexation planning, which may include: i. Conditioning City service extensions upon actual annexation for properties contiguous to the City boundary or to agreements of no protest to future annexation for properties not contiguous. ii. Offering pre-annexation agreements to property owners interested in annexation and needing assurances from the City about services, planning, or other issues. Appendix C (work in progress) 45 Februa~3, 2004