HomeMy WebLinkAbout12/01/99 AGENDACITY COUNCIL MEETING & MONTHLY STUDY SESSION AGENDA
DECEMBER 1, 1999
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CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in advance for study
and will be enacted by one motion. If separate discussion is desired on an item, it
may be removed from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Assignment of Lease - Motorola, Inc. to Pinnacle Towers, Inc.
CLAIMS/CHECK REGISTERS
COUNCIL MEMBER REPORTS
#AB99-2~
MAYOR'S REPORT
INFORMATION ITEM "Bremerton Transportation Center (BTC) Project Update --
Post 1-69~' with Randy Wit"t, City Engineer; and Richard Hayes, Executive Director of
Kitsap Transit
LEGISLATIVE REPORT
11.
PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
ORDINANCES
A. Ordinance No. 4676 (Second Reading) Establishing
Regulatory and Revenue Licensing of Residential
Rental Businesses; and Creating a New Chapter in
Title 5 of the Bremerton Municipal Code
Ordinance No. 4679 (Second Reading) Imposing a
Commercial Parking Tax; and adding a new Chapter to
Title 3 Of the Bremerton Municipal Code
Ordinance No. 4680 (Second Reading) Amending Penalty
Amounts for Civil Infractions and Misdemeanors; and
Amending Several Chapters of the Bremerton Municipal Code
ADJOURNMENT OF MEETING
#AB99-242 ~{
#AB99-243 ,.,,20
MONTHLY STUDY SESSION IMMEDIATELY FOLLOWING:
(1) Construction Project Updates - Randy Witt, city Engineer
(2)
"Elimination of Improper Stormwater Inflow to the Wastewater System" - Gene
Sampley, Director of Public Works & Utilities
#AB99-241 [~
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
Assignment of Lease
Motorola, Inc. to Pinnacle Towers, Inc.
I
FOR AGENDA OF: December~ 1999
ORIGINATING DPT. Administrative Srv.
OIGINATOR: Kathleen McCluske¥ ~
DATE SUBMITTED: Nove~er 23, 1999
2. CLEARANCES: (comment on back 3. EXHIBITS:
--~/',/~ if nece~ary?
Attorney ../ ,/~' ~ ~//~_~-~. ~_
Utilities'Diredt~r ~~ / Assig~ent of Lease
COUNCIL PRESIDE~
4. SUFSu~RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Lease with Motorola expires on 4/2002 and has a ten year renewal option with
renegotiation of rent. This tower site is used for the transmission and reception of radio
communication signals and is located on Gold Mountain on Utility property. The Utility
receives $2,515.00 per month in lease payments increased annually by CPI. The lease may be
terminated for convenience with 90 days notice. The site was inspected and equipment
maintenance items were corrected.
RECOFS~ENDATION:
Motion to approve Memorandum of Lease and Consent.
RESPONSIBLE OFFICIAL: Admin Srvs.
ENFORCEMENT OFFICIAL: Admin. Srvs.
EXPIRATION DATE: 4/2002
REVIEW DATE: annual
PULLED TABLED
COUNCIL DIRECTIVE:
10.
APPROVED
NOTICE OF ACTION
DISAPPROVED
DATE:
3A
11.
AGENDA BILL NO:
CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Loss of revenue.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
$30,180 annual revenue
7. RESEARCH SOURCES:
Site No.: 3517A
Site Name: Gold Mt. Wa. Antenna Site
State: WA.
MEMORANDUM OF I.EASE
AND CONSENT
THIS MEMORANDUM OF LEASE ("Memorandum") is executed as of
this day of ,1999,by City ofBremerton, a municipal corporation duly
organized and existingunder the laws of the State of Washington ("Landlord"); and
MOTOROLA,INC., a Delaware corporation ("Tenant"), and evidences that on the 2~t
day of April, 1992 a Lease Agreement ("Lease") was entered into by and between
Landlord and Tenant.
Lease Term: The term of the Lease, including all remaining option periods,
expires on April 1, 2012.
Site: Subject to the terms of the Lease, Landlord is the owner of and has leased
to Tenant the use of a portion of real property described in Schedule 1
attached hereto (" Site") and landlord has granted unto Tenant for the term of
the lease an easement for ingress, egress and utilities to the site ,as necessary,
over property it owns.
Assignment of Lease: Landlord recognizes that Tenant has entered into a
General Assignment, bill of Sale, and Assumption of Liabilities (the Bill of Sale)
dated as of 31, August 1999. With Pinnacle Towers Inc. with respect to certain
assets of Tenant ,including without limitation the Lease and Tenants Leasehold
interest thereunder. Pursuant to the Bill of Sale, Tenant is assigning the Lease to
Pinnacle Towers Inc.,Pinnacle Towers Canada Inc. or an affiliate of either
(collectively, "Pinnacle").
Lease in Full Force and Effect: The Lease is in full force and effect On the date
hereof, neither Landlord nor, to Landlords knowledge, Tenant is in default of
any of the terms, conditions or covenants of the Lease.
Successors and Assi..tms: This Memorandum shall be binding upon and inure to
the benefit of Tenant,Pinnacle and their respective successors and assigns as
tenant under the Lease.
3
Property Description: Landlord acknowledges that Tenant has retained a
surveyor to update or create the legal description for the Site and consents to
the later recording of this Memorandum with such description attached hereto.
Assignment: Landlord hereby acknowledges and consems to the assignment of
the Lease by Tenant to Pinnacle and the assumption of the Lease by Pinnacle
and to any further assignment of the Lease by Pinnacle without Landlord's
further consem.
Sublease: Landlord hereby acknowledges and consents to Pinnacle's further
assignment or sublease or grant of licenses to use all or any portion of the Site
or portion of'the tower or any other structure or equipment located on the Site
without Landlord's prior written consent.
Counterparts: This Memorandum may be executed in counterparts, and both
counterparts signed together will constitute a single,original instrument.
IN WITNESS WHEREOF, the parties have executed this Memorandum as of
the date first set forth above.
LANDLORD:
City of Bremerton
By:
Nallle~
Title:
TENANT:
Motorola, Inc., a Delaware corp.
By:
Name:
Title:
By:
Name:
Title:
By:
Name:
Title:
?ROM HOLLAND & KNIGHT TAMP~ (WED) 9. 22' 99 12 ~5/ST, 12'03/N0. 4860322798
GENERAL ASSIGN]KENT, BILL OF SALE
AND ASSUMPTION OF LIABILITIES
THIS INSTRUMENT (this "Instrument") is made and entered into this 31~t
day of Augus.t, 1999, by and between Motorola, Inc., a Delaware corporatmn and
Motorola Communications and Electronics, Inc., an rllmois corporation (collectively
"Assignor"), and PINNACI~ TOWERS INC., a Delaware corporation
("Assignee").
WHEREAS, Assignor and Assignee are parties to an Agreement for Purchase
and Sale of Assets, dated June 29, 1999, as ~mended (the "Agreement"), $overning
the purchase and sale of the Puzchased Assets;
NOW, THEREFORe, for good and valuable consideration, the receipt and
su~ciency of which is hereby acknowledged:
Assignor hereby sells, transfers, conveys, assigns and delivers co Assignee all
of i~s right, title and interest in and to the Puzchased Assets (excluai-g the
Purchased Assets located in Canada or azising ~rom Canadiau Material Contracts,
Canadian Management Agreements, C~uadian Tenant Leases, Car~dia_u Ground
Leases, Canadia:~ Other Real Estate Leases. and Canadian real property)
(co~lectively, the "US Purchased A~sets").
TO HAVE :~xlD TO [-/OLD the same, with the appurtenances thereof, unto
the Assignee. its successors and assigns, forever, to its own proper use and behalf.
:-knything to the contrary not.~dthstanding, if any US Purchased .Asset /s
subject to the terms of the Master Sublease Agreement, the Operating Agreement,
or the Land Lease Agreement (each a "P~nrli~g Asset Agreement") among the
parties dated of even date herewith, conveyance of the US Purchased Asset
hereunder shall not be effective until termination of the applicable Pending Asset
Agreement with respect to such US Purchased Asset. Upon such termination, the
couveyance hereunder shall be effective and in full force without any further action
o~ any party hereto.
Anything to the contrary notwithstanding, tkis Instrument shall not
constitute an assignmen[ o/~ or an agreemen~ to assign, any claim, contract,
agreement, license,/ranch/~e, lease, permit, commitment, concession, authorization,
sales order, purchase order or other right ~r any cla/m or right or any benefit
arming thereunder or resulting therefrom, if an attempted assignment thereo..,q,
without the con~en~, approval or agreemen~ of a ~hird party ~hereto,
FROM HO,LLAND & KNIGHT TP~[Pt
:
9,22'99 i? ~g/$T, 12.0B/NO, 4860322798 P
constitute a breach thereof~ until such consent is obtained. If such consent,
approval or agreement is not obtained, AssiTnor will take such actions as are
provided in the Agreement.
Assignee hereby assumes and agrees to pay, satisfy, perform and fully
discharge the ,Assumed Liabilities. Assignee shall forever defend, indemni~ and
hold harmless the Assii~nor, its successors and assit~ns, from and agaimst the
Assumed Liabili:ies in accordance with the terms of the Agreement. .~ssignee.
fur:her agrees to pay and discharge all such liabilities and obligatmns as they fall
due in ~he ordinary course of business.
All capitalized terms used but uoC defined herein shall have the meanin~
attributed to them in ~hs Agreement.
It is understood that Assignor, contemporaneously wi~:h :he execution and
delivery of ~his Instrument is further executing and delivering to Assignee certain
assi~nmsn~s and other instruments of trans£er which cover certain of ~he Purchased
Assets, the purpose of which is tn supplement, facilitate and ocherwme implement
~he transfer intended hereby.
YROI~ HO,LLAND & KNIGHT
&
22' ~ ~2' q/Sz, !2.0B,/NO. 4860~zz798 I:'
IN WITN~ESS WHEREOF, each of the undersigned has caused this Instrument :o
be signed and sealed on its behalf by a duly authorized officer as of the date first
written above.
PINNACLE TOWERS INC., a
Delaware corporation
By:
~l~le: ~.~re~ident
MOTOROLA INC,, a Delaware
corporation
Name:
Title:
MOTOROLA COMA4~NICATION AND
ELECTRONICS INC., an Illinois
corporation
Name:
Title:
TPA1 #~404~ v3
LEASE AGREEMENT
MOTOROLA COMMUNICATIONS
THIS LEASE AGREEMENT is entered into by and between the City
of Bremerton, a municipal corporation duly organized and existing
under the laws of the State of Washington, as Lessor (hereinafter
referred to as "City") and Motorola Communications and Electronics,
Inc., (hereinafter referred to as "Lessee").
W I T N E S S E T H:
1. Premises. The city is the legal owner of the following
described real property:
A plot on Gold Mountain 200 feet on each side
beginning at the N.W. corner of the NE 1/4 of
the NE 1/4 of Section 27, T24N, R1W, W.M.
Thence S 4~ 37' W 439.82 ft. thence S 86~ 31'
12" E 88.79 ft to T.P.OoB. thence continuing S
86~ 31' 12" E 200 ft thence S 40° 37' W 200 ft
thence N 86° 31' 12" W 200 ft thence N 40~ 37'
E 200 ft to T.P.O.B. Easements will be
provided for tower guy anchors outside the
plot.
The City hereby leases to the Lessee and the Lessee hereby leases
from the City the above-described real property, together with all
the rights, privileges, easements and appurtenances thereon
(hereinafter referred to as "Premises"), for the uses and purposes
described herein.
Lessee shall not use any portion of the leased property in any
way which interferes with the operations of Lessor or its
sublessee. Such interference shall be deemed ~ material breach by
Lessee, and Lessor shall have the right, in addition to any other
rights that it may have at law or in equity, to elect to enjoin
such interference or to terminate this lease. Lessor shall provide
Lessee with'power and an emergency generator.
LEASE AGREEMENT -1-
2. Uses and Purposes. Lessee shall have the use and
occupancy of the Premises for the purpose of transmission and
reception of radio communication signals in any and all
frequencies.
Notwithstanding any other provisions herein, the Lessee shall
not enter into any sublease of the premises or any portion thereof
or any assignment of any interest in this Agreement, except
Lessee's affiliates or subsidiaries, whether long or short term in
nature, or engaged in any activity with respect to or on the
premises, other than the express use(s) and purpose(s) stipulated
herein, without obtaining the prior written authorization therefor
from the City, which shall not be unreasonably withheld.
Lessee may erect any buildings and structures or perform any
other necessary construction required to render service consistent
with the purposes stated herein, upon receiving the prior written
consent of Lessor, which consent shall not be unreasonably
withheld.
It is understood and agreed that the Lessee's ability to use
the property for the "use" as described herein is contingent upon
the Lessee obtaining and maintaining after the execution date of
the Agreement all certificates, permits and any other approval as
may be required by any federal, state, or local authorities.
Lessor shall cooperate with the Lessee in its efforts to obtain
such approvals and shall take no action which would adversely
affect the current use of the property with respect to the proposed
use thereof by the Lessee.
LEASE AGREEMENT -2-
Lessee represents and warrants during the term of this
Agreement that it has full power and authority from the Federal
Communications Commission (or any state or federal agency having
jurisdiction) to install, operate and maintain its equipment in the
manner contemplated under this Agreement. Lessee agrees to use the
facilities leased hereunder only for the purpose contemplated
herein and to comply with all applicable state, county, or
municipal laws and ordinances.
Lessor shall have the exclusive right to inspect the Lessee's
facilities and equipment at any time during the term(s) of this
Agreement to ensure compliance with the terms and conditions
herein.
3. Term. The term of this lease, and any extensions, shall
be as follows: Ten (10) years commencing on the day this Agreement
is fully executed. Lessee shall abide by all of the terms and
conditions of this lease and shall pay rent to the City as
hereinafter set forth.
In the event of the inability of the City to deliver
possession of the premises, or any portion thereof, at the time
of the commencement of the term of this lease, neither the City
nor any of the City's officers, employees, or agents shall be
liable for any damage caused thereby, nor shall this lease
thereby become void or voidable, nor shall the term herein
specified be in any way extended, but in such event, the Lessee
shall not be liable for any rent until such time as the City can
deliver possession. If the Lessee shall take possession of the
LEASE AGREEMENT -3-
10
premises prior to the commencement date of this lease, the Lessee
and the City agree to be bound by all of the provisions and
obligations hereunder during such prior period.
4. Rent. Lessee shall pay Lessor a monthly rental charge of
One~Thousand EightY'Hundred Ten and 24/100 Dollars ($1,810.24) per
month during the first year of this lease, plus leasehold tax. At
the beginning of each successive year thereafter, the monthly rent
shall automatically be adjusted by the increase in the Consumer
Price Index.for All Urban Consumer Scale (CPI-U) U.S. All City
Average~ (t982-84=100), as published by the Bureau of Labor
Statistics for January (the "Index"). However, rent shall not, in
any case, decrease.
5. Repairs and Alterations. The Premises used
by Lessee shall be kept in a clean, safe, and sanitary condition.
Lessee shall not permit waste, damage, or injury to the premises.
Lessee shall have the right, at its expense, to erect and
maintain on the premises improvements, personal property and
facilities, including base, radio transmitting and receiving
antennas. The Antenna Facility shall remain the exclusive property
of Lessee.
Lessor shall provide Lessee ingress, egress, and access over
the property to the premises adequate to service the premises and
the Antenna Facilities at all times during this lease at no
additional charge to Lessee.
6. Licenses and Permits. Upon commencement of the lease,
Lessee shall be responsible for real property, excise leasehold,
LEASE AGREEMENT -4-
business and occupation, and/or other taxes or licenses which may
in the future be assessed as a result of the Lessee's operations.
7. Taxes. Lessee shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to, the
Antenna Facilities. Lessor shall pay all real property taxes
attributable to the property.
8. Liability and Insurance.
a. Insurance: Lessee shall maintain public liability and
property insurance, with Lessor as a named co-insured, in an amount
of not less than Five Hundred Thousand Dollars ($500,000.00).
Lessee shall provide Lessor with proof of such insurance coverage.
b. Indemnity: Lessee shall defend, indemnify, and save
harmless the City, its appointed and elected officers and
employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense
thereof because of actions, claims or lawsuits for damages
resulting from personal or bodily injury, including death at any
time resulting therefrom, sustained or alleged to have been
sustained by any person or persons and on account of damage to
property, arising or alleged to have arisen directly or indirectly
out of or in consequence of or the performance of this Agreement,
by Lessee, its employees and/or agents whether such injuries to
persons or damage to property is due to the negligence of Lessee,
its subcontractors, agents, successors or assigns. This provision
shall be inapplicable to the extent the City is judicially found
solely negligent for such damage or injury.
c. Liens: Lessee shall not permit any lien to be imposed
upon the property of Lessor as a result of work done by or on
behalf of user and shall indemnify and hold Lessor harmless against
any and all expenses, including reasonable attorney's fees and
court costs in connection with any such lien.
9. Technical Standards. Lessee shall operate its equipment
in complete compliance with rules and regulations of the Federal
Communications Commission and shall furnish Lessor with a copy of
LEASE AGREEMENT -5-
its current license and all subsequent renewals for Lessor's files.
A copy of said license shall be posted at all times on Lessee's
equipment at subject site. Lessee shall operate its equipment in
compliance with the applicable standards for this site as
established by the Western Washington Cooperative Interference
Committee (WWCIC) attached hereto, to wit: Standards l(e), 2, 3,
4, 5, 6, 7, 8, 9 (except vinyl cladding), 10, 11, 13, 14, 15, 16
and 17.
10. Termination of Lease.
a. Either party may terminate this lease upon default of
any covenant or term hereof by the other, which shall be effective
thirty (30) days following receipt of such notice unless Lessee
cures defaults within said period.
b. Eitherparty may terminate for convenience upon ninety
(90) days notice.
c. Notice of the intent to terminate shall be given in
writing by certified mail, return receipt requested.
12. Option to Renew. Lessee, providing Lessee is not
otherwise in default herein, shall have the right to renew this
lease, upon giving Lessor not less than thirty (30) days' prior
written notice of Lessee's intent to renew this lease, on the same
terms and conditions herein for an additional ten (!0) years from
after the expiration of the original term, excepting rent which
shall be, at Lessor's option, subject to renegotiation upon
reappraisal of the property at that time. If the City elects to
renegotiate the rent and if the parties are unable to agree upon a
rental for said period, this lease will terminate and subsequent
obligations of both parties under the lease shall also be
terminated.
13. Exclusive Agreement. Lessor will not allow anyone except
Lessee and its sub-tenants and licensees to enter upon or occupy
the site or to use the premises of which the leased site is a part
for radio or television transmitting.
14. Surrender. Upon termination or expiration of this
Agreement, Lessee shall surrender such facilities to the Lessor in
LEASE AGREEMENT -6-
as good as condition as when initially leased, normal wear
excepted.
Upon expiration of this lease, Lessee shall, within a
reasonable period of time agreed to by both parties, remove its
personal property and improvements, except for the concrete
foundation for any improvements and the communications tower,
unless rejected by Lessor, and restore the property to i~s original
condition, reasonable wear and tear excepted.
15. Notices. All notices to be given by either of the parties
hereto to the other party shall be in writing and may either be
delivered personally or may be deposited in the United States Mail,
postage prepaid, as either certified or regular mail, addressed as
specified below, or to such other address as either party may later
designate in writing. Notices sent by mail shall be deemed to have
been given 48 hours after properly mailed; the postmark affixed by
the United States Post Office shall be conclusive evidence of the
date of mailing.
Lessor: City of Bremerton
Department of Municipal Utilities
3027 Olympus Drive
Bremerton, WA. 98310.
Lessee: WESTERN AREA REGIONAL MANAGER
1170 Chess Drive
Foster City, California 94404
16. Relationship. In no event shall the City be construed, or
held to have become in any way or for any purpose a partner,
associate, or joint venturer, of the Lessee or any party associated
with the Lessee in the conduct of the Lessee's business or
otherwise. This lease does not constitute the Lessee as the agent
or legal representative of the City for any purposes whatsoever.
17. Amendments: The parties hereto expressly reserve the
right to renegotiate the provisions hereof, including the term of
this lease, from time to time as may be necessary and to amend this
lease accordingly; Provided, however, That no alteration or
modification of the terms or conditions hereof shall be valid and
binding, unless made in writing and signed by the authorized
LEASE AGREEMENT -7-
representatives of the parties hereto.
18. ~ssignment: Lessee may assign this lease upon notice to
Lessor to any person or entity with an ownership interest in
Lessee, any affiliate of such person or entity, or any person or
entity that acquires Lessee's business. Additionally, Lessee may,
upon notice to Lessor, mortgage or grant a security interest in
this lease and the antenna facilities, and may assign this lease
and the antenna facilities to any such mortgagees or holders of
security interests, including their successors or assigns
(hereinafter collectively referred to as "Mortgagees"). Lessor
agrees to notify Lessee and Lessee's mortgagees simultaneously of
any default by Lessee and to give mortgagees the same right to cure
any default as Lessee, except that the cure period for any
mortgagee shall not be less than ten (10) days after receipt of the
default notice.
19. Waiver of Default. No waiver of default by either party
of any of the terms, covenants, and conditions hereof to be
performed, kept and observed by the other party shall be construed
as, or operate as, a waiver of any subsequent default of any of the
terms, covenants, and conditions herein contained, to be performed,
kept and observed by the other party.
20. Miscellaneous.
a. The substantially prevailing party in any litigation
arising hereunder shall be entitled to its reasonable attorney's
fees and court costs, including appeals, if any.
b. Each party agrees to furnish the other, within ten
(10) days after request, such truthful estoppel information as the
other may reasonably request.
c. This lease constitutes the entire agreement and
understanding of the parties, and supersedes all offers,
negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to
said lease must be in writing and executed by both parties.
d. If either party is represented by a real estate broker
in this transaction, that party shall be fully responsible for any
LEASE AGREEMENT -8-
fee due such broker.
e. Lessor agrees to cooperate with Lessee in executing
any documents (including a Memorandum of Lease) necessary to
protect Lessee's rights hereunder or Lessee's use of the premises.
21. ~ondiscrimination. Lessee shall not discriminate in
employment or services to the public on the basis of sex, race,
color, creed, national origin, age, marital status, physical,
mental or sensory handicap except an employment action based on a
bona fide occupational qualification.
22. Effectuation of Agreement. In order to be effective,
this lease must be (1) signed by an authorized representative of
the Lessee and returned to the city at the address set forth
below accompanied by any required policy of insurance, and (2)
signed by the Mayor of the City of Bremerton, and attested to by
the City Clerk.
LESSEE:
MOTOROLA COMMUNICATIONS AND
ELECTRONICS, INC.
DATED:
DATED:
ATTEST:
KATHLEEN McCLUSKEY, Clerk
LEASE AGREEMENT -9-
President
LESSOR:
11/38/1999 19:13 PAGE 82
1253661B942 CARLA SAWYER
SINCLAIR LANDING ASSOCIATe, ON
P.O. Box 29, B~g~oN, WA 98337
November 29, 1999
Memo To:
FrolT~
Regarding:
Policy Group
Agency Oversight Committee(AOC)
Project Status and Recommended Direction
Two recent events have significantly impacted the Bremerton
Transportation Center project:
· . Finalization of the design for the marine components and the
advanced stage of the uplands construction has allowed the project
team to refine the estimated total cost to complete the project; and
· The passage of 1-695 has precipitated changes in both the possible
funding future for the project as well as a reduction in Ferry service
that may likely result in ehmination of the Chinook class vessel
service to Bremerton.
TI~ memorandum summarizes the actions of the AOC and the Project
Team to respond to these changing circumstances and presents the AOC
recommendations for proceeding to complete the project.
Design for and Cost to Complete Phases A and B
The project team has been working with the design and construction
contractors to develop a viable option for the completion of the marine
component that recognizes the likelihood of the elimination of the
Chinook vessel service and the possibility of a future smaller passenger
only vessel service for cross sound. This option involves the use of Float
B' as the primary docking facility and discontinuation of work on Float
A. (The option is more fully described in the attachment to this memo.)
The AOC is evaluating a broad range of options for the disposition of
Float A including temporary storage for later use by Kitsap Transit in
futare POP service and sale to another marine operation in the Puget
Sound or elsewhere. The project manager has asked the marine design
and construction contractors to estimate the costs of their work on this
option. Howard S Wright has also been asked to provide a current
estimate on the cost to complete the uplands portion of the project
including all known and likely change orders.
The AOC recommends that Phases A and B stay within their current
budget so that Phase C funds are secure for Phase C requirements.
Preliminary cost to finish estimates for Phases A and Option 2 Phase B
indicate that the project can be completed for no more than $600,000_
over the existing fund sources. However, the project manager has
11/30/1999 19:13 PAGE 83
1253~81~9~2 CARLA SAWYER
November2~ ~999
Page 2
identified possible scope reductions and Kitsap Transit has pledged the
additional funds to complete Phases A & Option 2 Phase B. The AOC
expects to have a firm cost Go complete estimate for Phase A and Option
2 Phase B by their next meeting on November 30, 1999.
Executive management at each of the four partner agencies has been
contacted about the AOC recommendation for Phases A and 15. They
have indicated their support. Accordingly, the project manager is re-
directing design and procurement activities to implement Option 2
Phase B.
Phase £ Plans
Phase C funds are secure through a STP grant awarded last year and are
matched with local dollars and contributions from existing revenue
sources. The total currently available for Phase C is $5 million.
Work is proceeding on three fronts on Phase C:
· Plans are being prepared for the relocation of the PSNS police
facilities necessary for conveyance of the PSNS property to the
project;
· The requirements for Phase C components are being reviewed and
updated to reflect the current understanding of the operating and
environment; and
· Preparations are being made for the conduct of an alternative cost
analysis (ACA) on the PSN$ police facility and Nercom relocation
and the construction of Phase C components.
When the ACA is complete, the AOC will be in a better position to
access the sufficiency of Phase C funds and match those funds to the
highest priority Phase C requirements. Once the priority requirements of
Phase C are funded any additional Phase C funds will be used to
reimburse Kitsap Transit for the additional funds pledged to complete
Phases A and B.
Please call Wendy Clark (360- 478-6931) or Carla Sawyer (253-661-7010)
if you have any questions about this memorandum.
Attachment
Distribution:
Dick Hayes, KT
Dick Brandenburg, Port
Wendy Clark, KT
Ken Attebery, Port
Terry McCarthy,WSF
Field Ryan, SLA
Leonard Smith, WSF
Carla Sawyer, SLA
Lynn Horton, City
Bob Cowan, WSDOT
Randy Witt, City
Don LaFord, SLA
11/30/!99~
19:13
1253~515942
CARLA SAWYER
PAGE
Post 1-695 BTC Marine Facility Options
Option 1: Complete the Uplands and Marine facilities as designed. The estimated
short fall over the current project ftmding is $2.3M
Option 2: Complete the Uplands and mothball float A. Install float B and extend the
Port Breakwater by reuse of a section of the existing float currently in use as a
temporary passenger only ferry. This option can not be completed within the
current project funding. The projected short fall is about $600,000.
Option 3: Complete the Uplands, mothball both float A and B and reinstall the
temporary passenger only float at the former l'~ St dock location. The trestle and
new gartgwny will be utilized. This option can be completed for about $0.9 M less
tkan the current project funding.
The AOC has selected Option 2 to pursue for the following reasons;
· The probability of obtaining funding in the near term future to support option 1
is very low.
If additional funding is available in (he future, building option 2 cioes not
preclude furore completion of Option 1, however long term use of the Chinook
class POF at Bremerton has a low probabili~.
· Option 2 provides a covered wa~ting area for passengers.
· Option 2 accommodates docking and side loading of WSF vessels, Horluck
femes and can accommodate futtu'e small capadty (148 passenger) boab.
· Option 2 retains the Breakwater to protect the Port Marina and access as a fishing
pier.
· The in-water work can be completed prior to lhe March 15~ fish closure.
- Option 2 removes the temporary passenger only ferry dock from i~s cunv~t
position near the pump house thereby satisfying existing permit commitments.
· Option 3 provides only limited weather protection for passengers
November 29, 1999
Don LaFord, BTC Project Manager
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Exhibit A
o
KITSAP TRANSIT PASSENGER-ONLY FERRY PROGRAM
Executive Summary
Kitsap Transit will contract for service operation, with UTC review of rates for at least franchise-holder routes and perhaps all contracted
service. Voters would have to approve added 0.1 of sales tax (one penny on a dollar).
A. Private service operation will be carried out by current franchise holders, or, for routes where no franchise has been granted, by contract
operators:
1) Short-term fleet (via leasing or would probably be by operators)
2) Operation of service will be by contract both short-term and long-term (5+5 years)
B. Private responsibilities could include short-term Seattle-side facility
Public Responsibilities will be carried out by Kitsap Transit
A. Short-term and Long-term County facilities
B. Long-term fleet purchases
C. Long-term Seattle facility (probably including a public-private partnership on full-dock development; Piers 48 to 56)
D. Extension of"deals" to other local governments by inter-local agreements
1) Vashon Island, Mason, Clallam, Jefferson and Island counties
2) To include all contracts from boat purchases, to service contracts, plus use of Seattle-side facility for a proportionate contribution.
Need to amend several sets of laws (basic laws are in place now)
A. High-capacity legislation
1) To clarify authority of other areas to "join" program by inter-local agreement
2) To allow use of public-private partnerships for facility development and FTA-sanctioned purchasing practices (design-build to super-
turnkey) for equipment and facility procurement
B. UTC rules/responsibilities to include review of contract-operator rates as well as franchise operator rates
Last revised: 12/1/99 3:52 PM Page 1 of 4
KITSAP TRANSIT PASSENGER-ONLY FERRY PROGRAM
Additional Details/Answers to questions
(Revised: 11/29/99)
As we continue to work on this concept, more ideas come into focus. On the agenda for the December meeting will be a resolution regarding
consultant services to prove with technical memos the validity of the most crucial parts.
What is our focus/overall goal?
Continuation of current level of effort/momentum, using existing and temporary facilities as well as existing and leased boats, with a shift to
better facilities and a permanent fleet over time.
Goal: no break in Bremerton service and 2001 service starts at SouthworthPKingston
2. Discussion of passenger-only ferry (POF) service will include matching bus service.
How much would Kitsap contribute:
A. Sales tax subsidy ~ one cent, worth $25 million+ a year.
B. Fares ~ 50 percent recovery:
1) $3.00 to $5.00 one-way
2) 10 percent to 15 percent discount on ticket books
3) 20 percent to 25 percent discount on passes
DRAFT RATES TO BE
TESTED/REFINED AS
CONCEPT DEVELOPS.
Assistance needed from WSF to make Kitsap Transit POF program viable
A. POF authority; Kitsap to east side of the sound
B. All Bremerton POF assets, including Float A
C. Chinook and Snohomish, only if:
1) These boats are dear of debt (negotiable)
2) The state wins the Rich Passage lawsuit, and
3) No union requirements come with the boats, especially from MERC
D. Conversion of WSF grants for POF to KT grants
E. Additional service and facility planning documents that WSF has developed
F. We agree with WSF administration concerns that joint use of car boats/POF docks, even on an interim basis, is unwise, especially given the bad
feelings WSF layoffs will engender. The agencies will need to continue the current high levels of cooperation regarding service and facility
development at the car ferry terminals and "forced" cooperation in the POF arena would undoubtedly endanger this.
Last revised: 12/1/99 3:52 PM Page 2 of 4
What sort of legislative support would be required?
A. Agreement on principles in paragraph 4 above, especially contributed capital from WSF
B. Authority to use modem capital and service purchasing methods, especially those sanctioned by the FT& from design-build to super-
turnkey.
C. Explicit authority to contract POF service without MERC or other state restrictions.
D. Extension of sales tax to gasoline for high-capacity systems by a vote of area residents (state portion of sales tax to be state contribution to
project).
E. Fairer treatment of Kitsap car-boat services because Kitsap is trying to help itself, especially if we agree to:
1) share resources (with Vashon, Island County, etc.)
2) innovate (contract service, turnkey boat purchase, etc.)
3) increase fares/recovery ratio (50% for POF, 25% for related transit service)
F. Substitution of UTC contract and rate review for Expert review panel required now by high-capacity legislation
Miscellaneous but important questions:
A. What about Vashon? Island County? Jefferson/Clallarn/Mason counties?
They can affiliate with KT now or later or use the model the Legislature crafts in response to our requests to go it alone. Certainly,
facility-sharing on Pier 48 on the Seattle end would be available to them if they contributed their share to that part of the project, whatever
approach they use.
In the case of Mason, Clallam and Jefferson counties, they perhaps could affiliate at a lower tax rate if they only wanted to pay for express
bus service. If, in Jefferson's case, they wanted ferry service to Port Townsend, they could affiliate at whatever higher rate was necessary
to run that service as part the system. Sharing Seattle-end costs and spare boat costs are other reasons to affiliate.
I'm using the word affiliate rather than "join", which suggests an RTA-type structure because I am very serious about the simplicity of the
structure proposed below. The POF program would be an operating division of KT, using contracted service. A minimum number of
new staffwould be required to manage contracts, coordinate service planning and manage the capital program. No new layer of
government is needed.
What would the organization look like?
It would be an operating division of KT, like Routed, ACCESS or Rideshare. Service planning and capital programs would be
managed as part of KT's existing programs. Accounting, personnel and other supports would be provided by KT staff. We would
formalize a quality-assurance program, like the survey work we do (to verify that ACCESS is working well, for instance) and it would
serve all our services.
Last revised: 12/1/99 3:52 PM Page 3 of 4
7. One-cent Sales Tax Initial Distribution:
KITSAP TRANSIT POF PROGRAM
ITEM ONE-CENT SALES TAX INITIAL DISTRIBUTION INCOME POST-STARTUP SHIFYS
1. .01 Transit survival $2.5M
2. .02 Transit service subsidy for operations: $5M +$1M in fares +$1.25M after year 4+ fi.om No. 6 below
(.01 for existing service and .01 for new)
+SIM in increased fare/parking revenue by
year 4
3. .03 Ferry service subsidy $7.5M $5M in fares +$1.25M after year 4+
+$2.5M in increased fare revenue by year 4
4. .015 Boat purchase bond repayment $3.75M +$0.5M to
15 boats at $2M each=$30M $1M per year
over 10 years = $3.75M a year in Section 11
funds
5. .015 Short-term terminal development $3.75M, +$7M in +$2.5M for years 2-4± from Nos. 6 and 7
(includes park-and-ride lots) plus grants, at below
startup
+$1-3M a year in grants
6. .005 Miscellaneous start-up (radios, IS systems, $1.25M To No. 5 above for years 2-4±, then to No.
office space, insurance, etc.) 2 above for year 4 and beyond
7. .005 Five percent contingency (if we knew, it $1.25M To No. 5 above for years 2-4±, then to No.
wouldn't be a contingency) 3 for years 4 and beyond
Last revised: 12/1/99 3:52 PM Page 4 of 4
A(~ENDA B'rLL
BREMERTON CITY COUNCIL
SUBJECT: Ordinance # ~Q~ /CD
establishing regulatory and
revenue licensing of residential
rental businesses and creating a
new Chapter in Title 5 of the
Bremerton Municipal Code
FOR AGENDA OF: ~be~. ~
ORIGINATING DEPT: Executive
ORIGINATOR: Mayor Horton
DATE SUBMITTED: November 3. 1999
comment on back ~/ 3. ~:
if/~ssary) ~
,' -' ' Ordinance ~7~_
ENDORSEMENT ~< INFO~FON- APPROVED BY COUNCIL PRESIDENT FOR/SUBMI_.TTA~
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
It is proposed that the City establish revenue/regulatory licensing of
businesses or individuals that rent and/or lease residential dwelling units.
The large number of rental units in the City places a high demand on services
such as police and fire. This licensing program will help defray those
costs.
RECOMMENDATION:
.......... appr~vc t~l~ or ~na .... ~n
Motion to pass Ordinance # ~q~ on second reading.
RESPONSIBLE OFFICIAL: Admin. Services
ENFORCEMENT OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED
DATE:
DISAPPROV~AED
11. AGENDA BILL NO: q~. - ~(
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont,):
IMPACT ON NON-PASSAGE:
A potential revenue source to the general fund will be lost.
e
IMPACT ON STAFFINGm BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
ORDINANCE NO. ~ ~ .~
AN ORDINANCE establishing regulatory and revenue licensing of
businesses engaged in the rental or leasing of residential dwelling units
and creating a new chapter in Title 5 of the Bremerton Municipal Code
and amending Chapter 5.03 of the Bremerton Municipal Code.
WHEREAS, RCW 35.22.280(32) authorizes cities of the first class to license all and every kind of
business for regulation and revenue purposes, now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. Chapter 5.03 of the Bremerton Municipal Code is hereby amended to
read as follows:
5.03.010 PURPOSE.
(a) The provisions of this chapter are intended to be an exercise of the power of the city to
license the businesses described herein for the purpose of revenue, in addition to the purpose of
regulation. It is not the intent of this chapter to impose license fees solely for the purpose of supporting a
regulatory program. It is also not the purpose or intent of this chal~er to impose a property tax, income
tax, or any other tax upon the act of owning property. The city bases the license fees established by this
chapter upon the city's power and authority to license all and every kind of business, commerce,
occupation, trade and profession, and all other lawful activity, for both regulatory and revenue purposes.
This chapter is not intended to create or otherwise establish or designate any particular class
or group of parsons who will or should be especially protected or benefitted by the terms of this chapter.
Section 2. New Chapter. Chapter 5.70 of the Bremerton Municipal Code is hereby added to read
as follows:
CHAPTER 5.70 RESIDENTIAL RENTAL BUSINESS
5.70.010 LICENSE REQUIRED.
It is unlawful for any person to conduct, operate, engage in or manage any business that consists of
the rental and/or leasing, and/or the offering of the rental or leasing, of Residential Dwelling Units for
profit within the City without first obtaining a revenue/regulatory license.
5.70.020 LICENSE APPLICATION.
In addition to application requirements of Chapter 5.03 of the Bremerton Municipal Code the
applicant shall declare the number of units rented and/or leased or offered to be rented and/or leased by
the business in the City.
$.70.030 LICENSE FEE.
The residential rental license fee shall be $25/Residential Dwelling Unit/Year effective December 31,
1999.
5.70.040 DEFINITION.
For purposes of this chapter only, Residential Dwelling Unit is defined as a structure or that part of a
structure subject to the Landlord Tenant ACt, RCW 59.18, and which is used as a home, residence, or
sleeping place by one or more persons maintaining a common household; including, but not limited to,
single family residences and units of multiplexes, apartment buildings, and mobile homes. Extended
Residential Rental Ordinance - Page 1
11117/99 - 1
family dwelling units and any other unit which is not rented or leased for profit are exempt from
application of this Chapter.
Section 3. Effective Date. This Ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council of the City of Bremerton this
1999.
day of
PASSED by the City Council of the City of Bremerton this
1999.
day of
MIKE SHEPHERD, Council President
APPROVED this day of ,1999.
ATTEST:
LYNN S. HORTON, Mayor
KATHLEEN L. McCLUSKEY, City Clerk
Residential Rental Ordinance - Page 2
11/17/99 - 1
A~ENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Ordinance # ~ 7 9
imposing a commercial parking tax
and adding a new Chapter to Title
3 of the Bremerton Municipal Code
FOR AGENDA OF: .November ~. 1999
ORIGINATING DEPT: Executive
ORIGINATOR: Mayor Horto~
DATE SUBMITTED: November 3. 1999
~: (comment on back
if n~cessary) ~
City At t o rn ey.. ',~/~~~/~zt =~_
Ordinance ~7
RCW 82.80.030
RCW 82.80.070
MAYOR
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEME~ AND REOUIREMENT FOR COUNCIL ACTION:
~,'X
It is proposed that the City levy a commercial parking tax of ~
percent (~%) on parking revenues generated by commercial parking businesses
to defray the costs of street repairs. This tax revenue must be dedicated to
transportation purposes in accordance with RCW 82.80.070.
RECOMMENDATION:
--,-.~ ~ appro~ this ordinance on first r~din~.
Motion to pass Ordinance # ~7~ on second reading.
RESPONSIBLE OFFICIAL: Admin. Services
ENFORCEMENT OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED
DATE:
DISAPPROVE~ED __
2. CLEARANCE COMMENTS (cont,):
4. SUMMARY STATEMENT (cont,):
5. IMPACT ON NON-PASSAGE:
An annual tax revenue sourCe of $200,000 will not be implemented that
can defray the cost of street repair.
e
IMPACT ON STAFFING, BUDGETS. FACILITIES, EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
ORDINANCE NO. z/. ~ '7 ~'
AN ORDINANCE imposing a commercial parking tax; and adding
a new chapter to Title 3 of the Bremerton Municipal Code.
WHEREAS, the City desires to levy a commercial parking tax in accordance with RCW
82.80.030 and which is fair to ail; now, therefore,
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS:
Section 1. New Chapter. Chapter 3.82 is hereby added to read as follows:
CHAPTER 3.82
COMMERCIAL PARKING TAX
3.82.010 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context
indicates otherwise:
A. "Commercial parking business" means the ownership, lease, operation, or
management of a commercial parking lot in which fees. are charged.
B. "Commercial parking lot" means a covered or uncovered area with stalls for the
purpose of parking motor vehicles.
C. q'reasurer" means the Treasurer of the City of Bremerton.
D. ~Gross proceeds" means and includes the gross receipts collected or accruing
by reason of the transaction of the commercial parking business, without any deduction on
account of the cost of tangible property sold, labor costs, interest, discount, taxes, or any other
costs or expenses whatsoever paid or accrued and without any deduction on account of
losses.
E. "Person" means any individual, association, corporation, partnership, joint
venture, trust, or other entity.
3.82.020 TAX RATE -WHO MUST PAY.
On and after December 31, 1999, there is levied upon and shall be collected from
every person engaged in a commercial parking business within the City a commercial parking
tax in an amount equal to six percent (6%) of the gross proceeds of the commercial parking
business.
3.82.030 PAYMENT OF TAX.
A. The tax imposed by this chapter shall be due and payable in quarterly installments,
on or before the last day of the month next succeeding the end of the quarterly pedod in which
the tax accrued. The quarterly pedods are as follows:
1. First quarter: January, February, March
2. Second quarter:. Apdl, May, June
3. Third quarter. July, August, September
4. Fourth quarter. October, November, December
Commercial Parking Tax Ordinance - Page 1
11/16/99
B. The Treasurer may require payment of the tax to be accompanied by a written tax
return, upon such form and setting forth such information as the Treasurer may reasonably
require in order to calculate the amount of tax due to the City.
C. The Treasurer shall have the dght to require proof of the gross proceeds of the
commercial parking business. Each person required to pay the tax imposed by this chapter
shall retain records reflecting the gross proceeds of the commercial parking business and the
records shall be open at all reasonable hours to inspection by the Treasurer or the Treasurer's
designee.
D. If the payment of any tax due under this chapter is not received by the City by the
last day of the month in which the tax becomes due, the tax shall be delinquent.
3.82.040 TAX - COLLECTION.
The tax imposed by this chapter, and all penalties thereon, shall constitute a debt to the
City and may be collected by court proceedings in the same manner as any other debt in like
amount, which remedy shall be in addition to all other existing remedies. Any judgment
entered in favor of the City shall include an award to the City of all court and collection costs,
including attorneys' fees. Amounts delinquent more than ninety (90) days may be assigned to
a third party for collection, in which case the amount of any collection charges shall be in
addition to all other amounts owed. Amounts due shall not be considered paid until the City
has received good funds for the full amount due or has discharged the amount due and not
paid.
3.82.050 OVER OR UNDERPAYMENT OF TAX.
In the event that a person makes an overpayment, and within two years of the date of
such overpayment makes application for a refund for a credit, the person's claim shall be
allowed and a refund made by the City upon determination by the Treasurer that no other
sums are owed by the person to the City. If a person determines that the tax has been
underpaid and without notice by any party pays the amount due to the City, the amount
underpaid and corrected by the person shall not be subject to penalty.
3.82.060 PENALTY FOR LATE PAYMENT.
(a) If payment of any tax due under this chapter is not received by the treasurer by the
last day of the month in which the tax was due, there shall be added to such tax a penalty as
follows:
(1) One to thirty days, ten percent of tax due, minimum penalty of $25
(2) Thirty-one to sixty days, fifteen percent of tax due, minimum penalty of $50
(3) Sixty-one days or more, twenty percent of tax due, minimum penalty of $75
(b) The treasurer shall notify the taxpayer by mail of the amount of any penalties so
added or assessed, and the same shall become due and shall be paid within ten (10) days
from the date of such notice.
3.82.070 VIOLATION - PENALTY.
A. It shall be a violation of this chapter:.
(1) for a person required to pay a tax under this chapter to fail or refuse to pay the
tax imposed;
(2) for a person to evade payment of the tax, or any part thereof;
Commercial Parking Tax Ordinance - Page 2
11116/99
(3) for a person to fail to appear and/or refuse to testify in response to a subpoena
issued in any proceeding under this chapter;,
(4) for a person to testify falsely upon any investigation into the correctness of a
return, or upon the headng of any appeal; or
(5) for a person to in any manner hinder or delay the City or any of its officers in
carrying out the provisions of this chapter.
B. A person violating any of the provisions of this chapter, upon conviction thereof,
shall be punished by a fine of not more than $500. A person is guilty of a separate offense for
each and every day dudng the portion of which any violation of any provision of this chapter is
committed, continued or permitted by any such person, and shall be punished accordingly.
3.82.080 APPEAL PROCEDURE.
Any person aggrieved by the amount of the tax determined to be due to the City by the
Treasurer under the provisions of this chapter, may appeal to the Headngs Examiner from
such determination by filing a written notice of appeal pursuant to Chapter 2.62 of the
Bremerton Municipal Code.
3.82.090 CONFIDENTIALITY OF. TAX RETURNS.
The tax retums made to the City pursuant .to this chapter shall not be made public, nor
shall they be subject to inspection by a person who is not an employee of or under contract to
the City and who is not acting in an official capacity. It shall be unlawful for any person to
make public or to inform any unauthorized person as to the contents of a tax return, or to
permit inspection of a tax return, except, as authorized in this section or as required by law.
This section shall not be construed to prohibit the disclosure of information received under this
chapter to the Federal Internal Revenue Service, State Department of Revenue, or to tax
enforcement officials of any other city in the'State of Washington for official purposes only,
and this section shall not be construed to prohibit or make unlawful the disclosure of the name
and address of any person licensed under this chapter, or of any person signing an application
on behalf of an applicant.
3.82.100 DUTIES OF THE TREASURER.
A. The Treasurer shall keep full and accurate records of all funds received under the
provisions of this chapter. Upon receipt of any tax or penalty collected under the provisions of
this chapter, the Treasurer shall deposit the amounts collected into the street fund of the City.
B. In order to carry out the provisions of this chapter, the Treasurer shall have the power
to adopt, publish and enforce rules and regulations consistent with this chapter.
C. The Treasurer for good cause shown may extend the time for making and filing any tax
return required under this chapter, provided, that any extension in excess of thirty (30) days
shall be conditioned upon payment of interest of 1% for each 30 days or portion thereof on the
amount of tax from the date upon which the tax became due.
3.82.110 USE OF PROCEEDS OF TAX.
The proceeds of the tax imposed and collected pursuant to this chapter shall be used
stdctly for transportation purposes in accordance with RCW 82.80.070.
Section 2. Effective Date. This Ordinance shall take effect ten (10) days from passage
and publication, subject to Referendum procedures of RCW 82.80.090.
Commercial Parking Tax Ordinance - Page 3
11116/99
APPROVED by the City Council of the City of Bremerton this __
1999.
day of
PASSED by the City Council of the City of Bremerton this __
1999.
day of
MIKE SHEPHERD, Council President
APPROVED this day of ,1999.
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
Commercial Parking Tax Ordinance - Page 4
11/16/99
http://search.leg.wa.gov/pub/textsear,-h/...tml&Item=2&X= 1028130633&p= 1 &X= 102813065.
RCW 82.80.030 Commercial parking tax. (1) Subject to the conditions of this section, the legislative authority of a
county or city may fix and impose a parking tax on all persons engaged in a commercial parking business within its respective
jurisdiction. The jurisdiction of a county, for purposes of this section, includes only the unincorporated area of the county. The
jurisdiction of a city includes only the area within its incorporated boundaries.
(2) In lieu of the tax in subsection (1) of this section, a city or a county in its unincorporated area may fix and impose a tax
for the act or privilege of parking a motor vehicle in a facility operated by a commercial parking business.
The city or county may provide that:
(a) The tax is paid by the operator or owner of the motor vehicle;
(b) The tax applies to all parking for which a fee is paid, whether paid or leased, including parking supplied with a lease of
nonresidential space;
(c) The tax is collected by the operator of the facility and remitted to the city or county;
(d) The tax is a fee per vehicle or is measured by the parking charge;
(e) The tax rate varies with zoning or location of the facility, the duration of the parking, the time of entry or exit, the type
or use of the vehicle, or other reasonable factors; and
(f) Tax exempt carpools, vehicles with handicapped decals, or government vehicles are exempt from the tax.
(3) "Commercial parking business" as used in this section, means the ownership, lease, operation, or management of a
commercial parking lot in which fees are charged. "Commercial parking lot" means a covered or uncovered area with stalls for
the purpose of parking motor vehicles.
(4) The rate of the tax under subsection (1) of this section may be based either upon gross proceeds or the number of
vehicle stalls available for commercial parking use. The rates charged must be uniform for the same class or type of commercial
parking business.
(5) The county or city levying the tax provided for in subsection (1) or (2) of this section may provide for its payment on a
monthly, quarterly, or annual basis. Each local government may develop by ordinance or resolution rules for administering the
tax, including provisions for reporting by commercial parking businesses, collection, and enforcement.
(6) The proceeds of the commercial parking tax fixed and imposed under subsection (1) or (2) of this section shall be used
strictly for transportation purposes in accordance with RCW 82.80.070. [ 1990 c 42 § 208.]
1 of 1 10/28/99 11:31 A~
http://search.leg~wa, gov/pub/textsearch/...tml&Item=3&X= 1028130633&p= 1 &X= 102813082
RCW 82.80.070 Use of revenues. (1) The proceeds collected pursuant to the
exercise of the local option authority of RCW 82.80.010, 82.80.020, 82.80.030, and
82.80.050 (hereafter called "local option transportation revenues") shall be used for
transportation purposes only, including but not limited to the following: The
operation~and~preservation of roads, streets, and other transportation improvements;
new construction, reconstruction, and expansion of city streets, county roads, and
state highways and other transportation improvements; development and implementation
of~pubtiC~transporta~ion'a~d~'high'cap~c±ty"transit im~rovements~and~programs;and
planning!~z~des~gnT~and~acq//isitiOn~of righ~.of~way~and,~sites~forsuch transportation
PUrposes~'The~proceeds'collected~f~0m exCise taxes on the sale, distribu~ion,.~.or use
of motor vehicle fuel and Special fuel under RCW 82.80.010 shall be used exclusively
for "highway purposes" as that term is construed in Article II, section 40 of the
state Constitution.
(2) The local option transportation revenues shall be expended for
transportation uses consistent with the adopted transportation and land use plans of
the jurisdiction expending the funds and consistent with any applicable and adopted
regional transportation plan for metropolitan planning areas.
(3) Each local government with a population greater than eight thousand that
levies or expends local option transportation funds, is also required to develop and
adopt a specific transportation program that contains the following elements:
(a) The program shall identify the geographic boundaries of the entire area
or areas within which local option transportation revenues will be levied and
expended.
(b) The program shall be based on an adopted transportation plan for the
geographic areas covered and shall identify the proposed operation and construction
of transportation improvements and services in the designated plan area intended to
be funded in whole or in part by local option transportation revenues and shall
identify the annual costs applicable to the program.
(c) The program shall indicate how the local transportation plan is
coordinated with applicable transportation plans for the region and for adjacent
jurisdictions.
(d) The program shall include at least a six-year funding plan, updated
annually, identifying the specific public and private sources and amounts of revenue
necessary to fund the program. The program shall include a proposed schedule for
construction of projects and expenditure of revenues. The funding plan shall consider
the additional local tax revenue estimated to be generated by new development within
the plan area if all or a portion of the additional revenue is proposed to be
earmarked as future appropriations for transportation improvements in the program.
(4) Local governments with a population greater than eight thousand
exercising the authority for local option transportation funds shall periodically
review and update their transportation program to ensure that it is consistent with
applicable local and regional transportation and land use plans and within the means
of estimated public and private revenue available.
(5) In the case of expenditure for new or expanded transportation facilities,
improvements, and services, priorities in the use of local option transportation
revenues shall be identified in the transportation program and expenditures shall be
made based upon the following criteria, which are stated in descending order of
weight to be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably foreseeable
congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government funds, such as from
the state transportation improvement board, or by private sector contributions, such
as those from the local transportation act, chapter 39.92 RCW; and
1 of 2 ~ 10/28199 11:32 A~
http://search.leglwa.gov/pub/textsearch/...tml&Item=3&X= 1028130633&p= 1 &X= 102813082
(e) Fifth, it meets such other criteria as the local government determines is
appropriate.
(6) It is the intent of the legislature that as a condition of levying,
receiving, and expending local option transportation revenues, no local government
agency use the revenues to replace, divert, or loan any revenues currently being used
for transportation purposes to nontransportation purposes. The association of
Washington cities and the Washington state association of counties, in consultation
with the legislative transportation committee, shall study the issue of nondiversion
and make recommendations to the legislative transportation committee for language
implementing the intent of this section by December 1, 1990.
(7) Local governments are encouraged to enter into interlocal agreements to
jointly develop and adopt with other local governments the transportation programs
required by this section for the purpose of accomplishing regional transportation
planning and development.
(8) Local governments may use all or a part of the local option
transportation revenues for the amortization of local government general obligation
and revenue bonds issued for transportation purposes consistent with the requirements
of this section. [1991 c 141 § 4. Prior: 1990 c 42 § 212.]
2 of 2 10/28/99 11:32 A5
BILL
SUBJECT: Ordinance #
amending penalty amounts for
civil infractions and misdemeanors
and amending several chapters of
the Bremerton Municipal Code
BREMERTON CITY COUNCIL
FOR AGENDA OF: ~r ~. 1999,,
ORIGINATING DEPT: Executive
ORIGINATOR: Mayor Horton
DATE SUBMITTED: November 3~ 1999
~: (comment on back ~ 3. ~:
if necessary)
-.:3 , Ordinance
city Attorney~ ~~"9/~/L~,/~-~/,~P~-~--~-~/> ' //
EN RS NTX IN 9 ,,, TIO A ' 'ROVED COUNCIL
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
It is proposed that the City establish a higher ceiling for civil
infraction penalties to $1,000 in order to give the Municipal Court Judge
greater ability to assess more appropriate fines.
RECOMMENDATION:
thl~ ~4 .... ~ on first reading__.
Motion to pass Ordinance #~~ on second reading·
RESPONSIBLE OFFICIAL: Admin. Services
ENFORCEMENT OFFICIAL: Admin. Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10.
APPROVED
DATE:
NOTICE OF ACTION
DISAPPROVED AMENDED
11. AGENDA BILL NO:
30
CLEARANCE COMMENTS (cont.):
4. ~UMMARY ~TATEMENT (cont.!:
Se
IMPACT ON NON-PASSAGE:
civil infraction fines will not increase.
IMPACT ON STAFFING. BUDGETS~ FACILITIES. EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE amending maximum penalties for misdemeanors and
civil infractions and amending Chapters 1.12, 2.96, 3.44, 3.64, 3.72,
5.48, 5.54, 5.84, 6.04, 6.28, 7.05, 9.06, 9.14, 9.18, 9.29, 9.37, 9.39,
10.04, 10.12, 10.16, 11.08, 11.10, 13.04, 17.56, 21.02 of the Bremerton
Municipal Code.
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Amendment. The following Sections of the Bremerton Municipal Code are
hereby amended to read as follows:
Chapter 1.12 PROSECUTION FOR VIOLATIONS
1.12.020 PENALTIES.
1. Gross Misdemeanor. Every person convicted of a gross misdemeanor shall, unless
otherwise specified, be punished by a fine not to exceed $5,000.00 or by confinement in jail for
a term not to exceed one year or by both such fine and confinement.
2. Misdemeanor. Every person convicted of a misdemeanor shall, unless otherwise
specified, be punished by a fine not to exceed $1,000.00 or by confinement in jail for a term
not to exceed ninety days or by both such fine and confinement.
3. Civil Infraction. Unless otherwise specified, a civil infraction is punishable by a
maximum penalty of $1,000.00 not including statutory assessments, with the actual amount of
the penalty up to the maximum being with the discretion of the court.
CHAPTER 2.96 CODE OF ETHICS
2.96.070 CIVIL PENALTY AND ADDITIONAL REMEDIES.
Violations shall pay a civil penalty of up to One Thousand Dollars ($1,000.00) or three
(3) times the economic value of anything received in violation of this chapter, whichever is
greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. The
Headng Examiner will also have the authority to issue orders specified in BMC 2.96.050(G).
CHAPTER 3.44 ADMISSIONS TAX
3.44.140 VIOLATION - PENALTY.
Anyone who shall violate or fail to comply with any of the provisions of this chapter shall
upon conviction be guilty of a civil infraction and subject to the provisions of BMC Chapter
1.12, and each day any person shall continue to violate or fail to comply with the provisions of
this chapter shall be deemed and considered a separate offense.
CHAPTER 3.64 CiViC IMPROVEMENT FUND
3.64.070 VIOLATION - PENALTY.
Any person violating or failing to comply with any of the provisions of this chapter or
any lawful rule or regulation adopted by the City Treasurer pursuant thereto, upon conviction
thereof, shall be guilty of a civil infraction and subject to the provisions of BMC Chapter 1.12.
Each day of violation will be considered a separate offense.
Penalties Ordinance - Page 1
11/4/99
CHAPTER 3.72 GAMBLNG TAX
3.72.160 VIOLATION - PENALTIES.
Anyone who violates or fails to comply with any of the provisions of this chapter shall,
upon conviction, be guilty of a civil infraction subject to the provisions of BMC Chapter 1.12,
and each day any person shall continue to violate or fail to comply with the provisions of this
chapter shall be deemed and considered a separate offense.
CHAPTER 5.48 SALE AND DISTRIBUTION OF MALT UQUOR
5.48.020 VIOLATION - PENALTY.
Violation of this chapter is a misdemeanor and, upon conviction thereof, shall be
subject to the provisions of BMC Chapter 1.12.
CHAPTER 5.54 TAXICABS
5.54.350 VIOLATIONS - PENALTY.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor
and, upon conviction thereof, shall be subject to the provisions of BMC Chapter 1.12.
CHAPTER 5.84 SOUND EQUIPMENT
5.84.040 PENALTY FOR VIOLATION.
Any person, firm or corporation violating any of the provisions contained in this chapter,
upon conviction thereof, shall be guilty of a misdemeanor and subject to the provisions of BMC
Chapter 1.12.
CHAPTER 6.04 GARBAGE AND REFUSE
6.04.160 PENALTY FOR VIOLATIONS.
Except as otherwise provided by this chapter, all violations of the provisions of this
chapter shall constitute civil infractions and be subject to the provisions of BMC Chapter 1.12.
Each day of violation shall be deemed a separate infraction.
The base penalty per day or portion thereof for each violation is as follows:
i. First Conviction - $81.00/Day
ii. Second Conviction for Same Violation - $144.00/Day
iii. Third Conviction for Same Violation - $212.00/Day
iv. Additional Convictions for Same Violation in Excess of Three - $313.00/Day
CHAPTER 6.28 UNIFORM LITTER CONTROL CODE
6.28.170 PENALTIES.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor,
and subject to the provisions of BMC Chapter 1.12.
CHAPTER 7.05 ADMINISTRATION
7.05.200 VIOLATION - PENALTY.
Unless another penalty is expressly provided for, all acts, conduct, and events
prohibited or declared unlawful in this Title shall constitute civil infractions and subject to the
provisions of BMC Chapter 1.12. The base penalty per day or portion thereof for each
violation is as follows:
Penalties Ordinance - Page 2
11/4/99
a. First Violation $36.00
b. Second Violation for same offense. $60.00
c. Additional Violation for same offense in excess of two.
Each day of violation shall be deemed a separate infraction.
$79.00
CHAPTER 9.06 POLICE DOGS
9.06.010 INJURING OR INTERFERING WITH POLICE DOGS PROHIBITED -
PENALTIES.
(a) It is unlawful for any person to knowingly stdke, injure, attempt to injure, restrain by
holding a collar or harness, or in any way interfere with the duties of any police dog used by a
police officer while performing a police duty or function.
(b) Any person convicted of viol.ating this chapter, or any part hereof, shall be guilty of
a misdemeanor and subject to the provisions of BMC Chapter 1.12.
(c) In addition, any person convicted of a violation of the provisions of this chapter shall
be required to contribute one hundred dollars to the Police Department Canine Unit Fund, and
such contribution shall not be suspended or deferred.
CHAPTER 9.14 VEGETATION
9.14.070 FAILURE TO REMOVE - PENALTY.
The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in
the manner described in Section 9.14.010 is hereby declared to be a public nuisance. Anyone
violating the provisions of this chapter by failing to abate such nuisance within the time
specified in the notice herein before described or within the time set by resolution of the city
council, whichever time may be later, shall upon conviction thereof by guilty of a misdemeanor
and subject to the provisions of BMC Chapter 1.12.
CHAPTER 9.18 NO SMOKING SIGNS
9.18.050 PENALTY FOR VIOLATION.
Any person convicted of violating the provisions of this chapter shall be guilty of a
misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 9.29 NUDITY IN PUBLIC PLACES
9.29.030 VIOLATION - PENALTY.
Any person convicted of violating this chapter, or any part hereof, shall be guilty of a
misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 9.37 UNFAIR HOUSING PRACTICES
9.37.060 PENALTY.
Any person convicted of violating this chapter, or any part hereof, shall be guilty of a
misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 9.39 SOLICITING
9.39.030 POSTED PROPERTY.
The posting or placing of a legible sign near the front entrance of any private residence
or apartment house within the city of Bremerton, bearing the words, "No Agent", "No Peddlers",
Penalties Ordinance - Page 3
11/4/99
"No Solicitors", "No Trespassers', or words of similar import, by the owner, owners, occupant or
occupants thereof, shall be a good and sufficient legal warning to any solicitor, peddler,
hawker, itinerant merchant, transient peddler of merchandise, or any other person, not to
trespass or go in, upon or to the premises so posted for the purpose of soliciting orders for the
sale of goods, wares and merchandise, or disposing of, peddling, hawking, demonstrating, or
exhibiting the same.
Any person, who wilfully goes or remains upon any premises so posted for such
purposes, without having been requested or invited so to do by the owner or owners, occupant
or occupants of such premises, is guilty of a trespass, and upon conviction thereof shall be
guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 10.04 STATE STATUTES
10.04.070 PENALTIES.
Unless another penalty is expressly provided by law in the MTO or in the statutes that
are adopted by reference therein, any person who is convicted of violating or failing to comply
with any of the provisions of this chapter shall be guilty of a misdemeanor and subject to the
provisions of BMC Chapter 1.12.
CHAPTER 10.12 BICYCLES AND SKATEBOARDS
10.12.040 VIOLATION - PENALTY.
Any person violating any of the provisions of Section 10.12.030 is guilty of a civil
infraction and subject to a base penalty of $50.00 pursuant to BMC Chapter 1.12.
CHAPTER 10.16 TURNING MOVEMENTS
10.16.010 U-TURNS PROHIBITED - EXCEPTION - PENALTY.
No Vehicle shall be turned so as to proceed in the opposite direction upon any street or
highway of the City excepting at street intersections within the City where U-turns are not
specifically prohibited by sign or other traffic control device.
It is a misdemeanor for any person to violate this provision and upon conviction thereof
said person shall be fined pursuant to BMC Chapter 1.12.
CHAPTER 11.08 SIDEWALKS - CONSTRUCTION, IMPROVEMENTS AND
MAINTENANCE
11.08.150 PENALTY FOR VIOLATION OF 11.08.090-11.08.140.
Any person violating any of the provisions of Sections 11.08.090 through 11.08.140 is
guilty of a misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS
11.10.050 PENALTY FOR VIOLATION.
Any person, firm or corporation violating any of the provisions of this chapter shall,
upon' conviction thereof, be guilty of a misdemeanor and subject to the provisions of BMC
Chapter 1.12.
CHAPTER 13.04 PARK CODE
13.04.180 PENALTY FOR VIOLATIONS.
Penalties Ordinance - Page 4
11/4/99
Violation of or failure to comply with the provisions of this chapter shall constitute a
misdemeanor and, upon conviction thereof, be subject to the provisions of BMC Chapter 1.12.
CHAPTER 17.56 CERTIFICATES OF OCCUPANCY
17.56.090 VIOLATION - PENALTY.
Any person who obtains a utility service connection in violation of this chapter is guilty
of a misdemeanor and subject to the provisions of BMC Chapter 1.12.
CHAPTER 21.02 ZONING CODE
21.02.945 VIOLATION OF ZONING CODE.
(e) Civil Penalty:
(1) Except as otherwise provided by this chapter, all violations of the provisions of
this chapter shall constitute civil infractions and with each day of violation being deemed a
separate-infraction.
(2) The base penalty per day or portion thereof for each violation is as follows:
i. First Conviction $100/Day
ii Second Conviction for Same Violation $200/Day
iii. Third Conviction for Same Violation $300/Day
iv. Additional Convictions for Same Violation in Excess of Three $500/Day
(3) Continued Duty to Correct.
Payment of a civil penalty pursuant to this chapter does not relieve a person of the duty to
correct a violation as ordered by the Director of Community Development.
Section 2. Effective Date. This Ordinance shall take effect ten (10) days from passage
and publication.
APPROVED by the City Council of the City of Bremerton this
1999.
day of
PASSED by the City Council of the City of Bremerton this
1999.
day of
APPROVED this __ day of
MIKE SHEPHERD, Council President
,1999.
A'I-I'EST:
LYNN S. HORTON, Mayor
KATHLEEN L. McCLUSKEY, City Clerk
Penalties Ordinance - Page 5
11/4/99
PUBLIC WORKS AND UTILITIES
ENGINEERING DIVISION
MONTHLY STATUS REPORT
PRESENTED TO THE
CITY COUNCIL ON
DECEMBER 1, 1999
RANDY WI'IT, CITY ENGINEER
BTC PROJECT UPDATE
RANDY WITT, CITY ENGINEER
PUBLIC WORKS PROJECTS UPDATE
JEFF SHEA, SENIOR ENGINEER
UTILITY PROJECTS UPDATE
TOM KNUCKEY, SENIOR ENGINEER
SR304 TRANSPORTATION IMPROVEMENT PROJECT
LYNN PRICE, PROJECT MANAGER
SPECIAL PROJECTS UPDATE
DAN MILLER, PROJECT MANAGER
BTC Project
Monthly Update to the City Council
December 1, 1999 Study Session
Dick Hayes will present an overview of the direction the BTC is proceeding on after passage of
1-695 [some items are covered below].
Significant items of work performed in the last month:
· Removing the bulkhead in the First Street dock area.
· Driving piles and forming caps in the "B" float area.
· The Vortechnics Stormwater filter was placed.
· Continued work in the building (electrical, mechanical, painting, insulation, etc.).
· Forming and pouring the bus barrier on the transit deck.
· Application made for vacation of rights of water in the project area. The vacation hearing is
set for December 22, 1999.
Significant upcoming items:
· Framing and insulation of the first floor walls.
· Installation of the ceramic tiles.
· Pave auto-holding lanes with ATB.
· Set the emergency generator.
· Complete the stormwater outfall.
· Continue the building construction.
Significant BTC modifications to compensate for 1-695 funding shortfall being considered:
· Complete Float A (the passenger-only ferry docking float) to a logical stopping place and
store.
· Complete Float B and set at end of float with the stairs (slide south of current position). The
Horluck ferry will use this float. WSF Passenger ferries can use this float.
· Continue with Phase C (acquisition and relocation of the Navy CenCom to allow a
connection with Pacific Avenue) to the extent possible.
· Working to include covered shelter area for Horluck ferry passengers.
'-PUBLIC WORKS PROJECT UPDAT~
MONTHLY REPORT
NOVEMBER, 1999
WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS
· WSDOT has denied request for a detention pond due to safety considerations
· Consultant has finished the Biological Assessment (may affect, not likely to adversely
affect) and we forwarded to WSDOT for action
· Continuing the design work on Werner Road and Rogers Street alignments, and retaining
walls that will be necessary when widening the road
· Skillings-Connoly forwarded 90% design submittal for the traffic signals and lighting
· Received Warner Engineering 90% design plans and estimate for stormwater improvements
Right-of-Way Acquisition
· Stroble CRoto Rooter) - signed for $5500
· US West- price agreed upon, finalizing the documents
· ParaTransit- expect acceptance of offer
· Gartin (CED) - signed agreement, pending approval of mortgage company
· Parr - preliminary acceptance of offer
· Pierce (Chrysler) - seeking his own appraisal, voluntary possession & use agreement
· Harris - tentatively accepted counter offer
· Davis (private residences) - indicate they are seeking own appraisal and legal counsel
· Barcelon (Truck Town) - negotiating price and work
· State Patrol - preliminary agreement, working drainage issue
· Hazelwood- negotiating
CALLOW CSO, PRIORITY 3 & 5
· Negotiating (contingent on SRF loan approval) with Montgomery Watson for consulting
services for the design of project. Considering in-house design.
· Received a preliminary offer for SRF loan in the amount of $575K. Negotiating with DOE
on agreement for the SRF loan.
· Received authority for reimbursement of back charges to August 18~.
BURWELL HILL CLIMB
· City crews have completed concrete work
· Awaiting delivery of 3 light poles
PINE ROAD CSO FACILITY PLAN
· Project to be awarded to HDR Engineering - approved by Council
· HDR reviewing overflow data
1999 TRAFFIC CALMING PROGRAM
· Roosevelt to get 2 humps which will exhaust this year's funds
· Rainier Avenue/13~ Street to 15~ Street, 2 humps installed, funded by residents
· Marion Avenue and 6~ Street, Frances Haddon Morgan Center to fund 2 humps
Jeff Shea, Senior Engineer
11/22/99
ENGINEERING DIVISION
UTILITY PROJECT UPDATE
OCTOBER 1999
MISCELLANEOUS WATER PROJECTS
· Final comments are being incorporated into the plans and specifications for the Quarry
Avenue Pump Station. Advertisement is anticipated in the coming weeks.
W650 ZONE IMPROVEMENTS
· 'Staff are reviewing the 60% design documents and will provide comments for incorporation
into the final design.
ANDERSON COVE CSO
· Modifications to the overflow structure and associated piping at pump station CW-1 is under
construction and anticipated to be complete in the coming weeks.
PUMP STATION CW-2 UPGRADE
The Contractor installed the vaults required for this project the week of November 8~h.
Installation of the pump station piping and electrical controls are currently underway. The
new pump station is scheduled to be on-line by the end of December.
SNYDER AND OHIO AVENUE SEWERS
Installation of the Snyder Avenue Forcemain is anticipated to be complete the week of
November 22ha. Installation of the Ohio Avenue forcemain is complete. The storm sewer on
Ohio Avenue is approximately 90 percent complete. All work with the exception of final
paving is anticipated to be complete by the end of November.
CSO REDUCTION PLAN UPDATE
A project kickoff meeting was held with the consultant on November 8, 1999 for this project.
Staff are currently coordinating flow monitoring locations with HDR for incorporation into
the model, and developing a project completion plan.
City forces have completed smoke testing of sewers in East Bremerton, and will complete
dye testing of East Bremerton by the end of the year. This information will be used by the
Consultant to identify required capital improvements in the basins.
RESERVOIR NO. 4 - OUTLET PIPE AND COVER REPLACEMENT
· Staff are finalizing a scope of work and budget for this project. An agenda bill for this
project will be presented to Council for consideration in the coming weeks.
Monthly Utility Project Update -1-
SR304 TRANSPORTATION IMPROVEMENT PROJECT
Monthly Report
November 1999
FUNDING
As a result of the passage of I 695, $8,800,000 of the $37,888,000 in funding
allocated to this project is lost pending any adjustments by the State Legislature.
The Gateway phase of the project from Porter Street and Cambrian Avenue to
Burwell Street and Montgomery Avenue is not effected by this loss of funding. The
construction of the section from the SR3/304 Interchange to Porter Street will be
impacted. Staff is reviewing various options for continuing with this section of the
project within the reduced funding level.
RIGHT OF WAY ACQUISITION (as of November 19, 1999)
Of the seventy-three properties within the early acquisition area between Porter
Street and First Street, all have been acquired or we have received possession
and use agreements. The condemnation process is still proceeding on the five
properties that we have received possession and use agreements.
Of the twelve partial take properties located between First Street and Burwell
Street on Callow Avenue, ten properties have been acquired. A voluntary
possession and use agreement should be obtained on the Midas Muffler property
by the end of November. The 7/11 property has been sent to the Washington
State Attorney General's Office to begin condemnation proceedings, but we expect
to receive a possession and use agreement on the property by early December.
STRUCTURE DISPOSAL
· City crews are in the process of demolishing buildings and cleaning up the
remaining properties within the Gateway phase. Work will continue into January of
next year, at which time the entire project site will be cleared.
· Seven houses have been moved by Orca Construction. The house located at 201
Wycoff Avenue will be moved by the end of November.
· 322 and 302 Cambrian Avenue will be moved under a building move contract by
the middle of December.
PUBLIC OUTREACH
· No activity this month.
SR304 Transportation Improvement Project Page 1
ENVIRONMENTAL CLEANUP
Eleven bids were received on the contract to remove underground storage tanks
and petroleum-contaminated soil from four parcels of property within the Gateway
section of the project. The apparent Iow bidder is Stemen Environmental Inc. with
a Iow bid of $68,277.98. The approval of the contract will be before the City
Council on November 23, 1999. If approved the work should be completed by the
end of December.
LANDSCAPE COMMITTEE
· No new activity.
GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue)
The consultant will have the plans and specifications for the project finalized by the
end of November. Until we have possession of all of the right-of-way and have
received approval of the Biological Assessment, which complies with the
Endangered Species Act, this phase of roadway improvements cannot be
advertised for bid. We anticipate that we will receive approval to advertise this
contract by the middle of December or early January. This phase of work would
be under construction early next year and will not be completed until the spring of
2001.
BIOLOGICAL ASSESSMENT
The Biological Assessment (BA) has been approved by USFWS, but is still waiting
for review by the National Marine Fisheries Service (NMFS). The BA is the critical
item that needs to be obtained in order to proceed with the construction of the
Gateway Improvements.
LP/ab
Project File: COMM/PP-J3.2
Lynn Price, Project Manager
SR304 Transportation Improvement Project Page 2
PUBLIC WORKS & UTILITIES
PROJECT UPDATE
NOVEMBER 1999
EVERGREEN PARK --- PHASE I RENOVATION
· Completed review and mover of As-Built Drawings and Operation & Maintenance Manuals
to Parks & Recreation Department.
· Completed project closeout documentation.
EVERGREEN PARK---PHASE II REMEDIATION
· Acquisition of the Loffhus property continues this report period.
· The building Asbestos and Lead Paint Survey is approximately 85% complete and aWaking
right-of- entry to the Loffhus property to complete the survey.
· Presently, the Building Demolition specification is 90% complete and currently under review.
· The Base Map/Site Plan for the schematic park design alternatives is underway.
· The plans and specifications for the Underground Storage Tank (UST) removal is
approximately 30% complete this period.
MANETTE BALLFIELD IMPROVEMENTS
Golf Landscaping, Inc. mobilized on-site according to their Notice-To-Proceed (NTP) on
Monday, November 15th.
Presently, the erosion controls have been installed while installation of storm drainage piping is
underway along with the field sub-drainage system.
WARREN AVENUE "CARPENTER FIELD" IMPROVEMENTS
Presently, the topographic survey is underway to define the existing drainage, and ground
surface elevations, etc. along with establishment of elevated temporary benchmarks for design
and construction improvements.
11/99d.~n
PUBLIC WORKS AND UTILITIES
3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Mayor Lynn S. Horton
City Council
W. Eugene Sampley, P.E., Director of Public Works and Utilities
October 19, 1999
Draft Ordinance
Inappropriate Stormwater Inflow to the Wastewater System
I have enclosed the following draft copies of two ordinances and a summary sheet regarding
improper stormwater inflow for your review.
· A summary of the major features of the ordinance establishing a program for the
elimination of improper stormwater inflow.
· The ordinance establishing a program for the elimination of improper stormwater
inflow.
· The ordinance establishing rates for improper stormwater inflow.
I have requested to schedule this for presentation at a City Council study session on ~
1999, and the City Council meeting on-N~g~a~-l~, 1999. '~~0~- I ~-'
)
WES:RW:ab
CC:
Randy Witt, City Engineer
Rich Hanna, City Treasurer
Glenna Malanca, City Attomey
Peggy Lesser, Risk Manager
Paula Johnston, Deputy City Clerk
Enclosures
99322
Equal Opportunity Employer
SUMMARY
ORDINANCE REGARDING PROGRAM FOR ELIMINATION OF STORMWATER
INFLOW TO THE WASTEWATER SYSTEM
Stormwater inflows to the wastewater system contribute to combined sewer overflow
(CSO) events, sanitary sewer surcharging and increased wastewater storage,
conveyance and treatment costs. A stormwater inflow to the wastewater system
typically takes the form of roof drains, parking lot drains, foundation drains, curtain
drains and driveway drains. These inflows are called inappropriate stormwater inflows.
Removal of these inappropriate stormwater inflows is a critical element in meeting the
City's goals and schedule for reduction of CSO events. Furthermore, removal of
inappropriate stormwater inflows at the property is considered very cost-effective
compared to City construction of public works projects that would otherwise convey,
store and treat the stormwater inflow in the wastewater system. To address this, City
staff has prepared an ordinance that establishes' a program for elimination of
inappropriate stormwater inflow, to the greatest extent reasonably possible, from the
wastewater system. The key elements of that ordinance are:
· Definition of Inappropriate Stormwater Inflow:
An inappropriate stormwater inflow is defined as a stormwater connection or inflow
to the wastewater system prohibited by the Bremerton Municipal Code. Examples of
this include, but are not limited to, roof drains, parking lot drains, foundation drains,
curtain drains and driveway drains.
· Disconnection is required by 2005. The ordinance requires that all inappropriate
stormwater inflows to the wastewater system be disconnected by January 1, 2005,
unless otherwise authorized by the Director of Public Works and Utilities (Director).
This authorization is envisioned where there is no practicable alternative for
elimination of the inappropriate stormwater inflow. An example of this may be a
driveway drain that is too Iow to be connected to the storm drainage system rather
than the wastewater system, or an area where there is no storm drainage system
available to which a connection can be made.
· Director's authority to order early disconnection. The Director will have the authority
to order early disconnection of inappropriate stormwater inflow prior to January 1,
2005 in areas where the City is pursuing CSO reduction plans and disconnection of
the inappropriate stormwater inflows support cost-effective implementation of that
plan.
· Establishment of target areas. Target areas will be identified within the wastewater
service area that have the highest priority for reduction of inappropriate stormwater
inflows. It is envisioned that these target areas will be coincident with the CSO
reduction plan project areas. Specific target areas may be established to eliminate
sanitary surcharge problems as they are identified.
Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System
October 14, 1999
Page 1
Notice. All customers will be notified of the Program through a notice in the utility
bills. Additionally, owners of property identified as having inappropriate stormwater
inflows will be notified individually in writing no less than ninety (90) days prior to the
date separation is to occur.
Residential Disconnection Assistance Program. The ordinance will establish a
program to assist residential property owners (owners of single family or duplex
residences) in the elimination of inappropriate stormwater inflows to the wastewater
system. The program may include the following elements:
· Technical assistance to property owners. ,~
· Provision of supplies for incorporation of work upon residential property.
· Work in the right-of-way that supports the residential property improvements.
· Funding of residential property improvements through grants and loans.
The City Council will periodically establish funding ~or the program and set limits and
terms of loans or grants.
The ordinance sets forth a process for implementation of the program that includes
the following elements:
· Establishment of a scope of work.
· Prioritization in target areas.
· Application and agreement.
· Reimbursement criteria for work on the single and duplex residential property by
contractor or owner.
The ordinance establishes a new rate for inappropriate stormwater inflow to the
wastewater system. The rate has the following elements:
· It is based on the stormwater impervious surface units (ISU) for that property.
· It is a progressive rate, increasing as a fraction of the stormwater ISU for each
property. The progression starts at 25% of the stormwater fee in effect for a
property in January 2002 ($1.00 per residential household at the 1999 rate),
increasing 25% a year to 100% of the stormwater fee in effect on January 1,
2005.
· The inappropriate stormwater inflow fee is only for those properties that have
inappropriate stormwater inflow to the wastewater system. It is n..ot a citywide
fee. It is intended to be a rate to account for the cost of conveyance, storage and
treatment of the stormwater through the City wastewater system.
· Funds collected through this rate schedule are intended to be used to fund the
Residential Disconnection Assistance Program until 2005, then go to the
wastewater fund for conveyance, storage, and treatment.
Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System
October 14, 1999
Page 2
· The ordinance allows the City to enter onto private property and abate, at the
expense of the owner, inappropriate stormwater inflows that exist subsequent to the
disconnection timeframe specified.
· The Right-of-Way Use Ordinance is modified to allow a Iow cost permit for
homeowners performing stormwater disconnection work in the sidewalk and curb
area.
RW/ab
Or'd, Summary, Inappropriate Stormwater Inflow
Summary of the Program for Elimination of Inappropriate Stormwater Inflow to the Wastewater System
October 14, 1999
Page 3
AGENDA BILL
BREMERTON CITY COUNCIL
SUB. CT: ORDINANCE # ,
ESTABLISHING A PROGRAM FOR
ELIMINATION OF STORMWATER
INFLOW TO THE WASTEWATER SYSTEM
(BMC 15.01, 15.04, 15.06, 11.02)
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
November 10, 1999
PW&U Engineering Div.
W. Eugene Sampley,
Director PW&U
October 7, 1999
2. CLEARANCES: (comment on back if necessary)
City Attorney
City Treasurer
City Clerk
Risk Manager
Heard at City Council Study Session of November 3, 1999.
A. Ordinance No. , Program for
Elimination of Stormwater Inflow to the
Wastewater System.
B. Summary of the major features of the
Stormwater Inflow Ordinance.
ENDORSEMENT
MAYOR
INFORMATION
APPROVED By COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
City staff have prepared an ordinance that develops a program to eliminate stormwater inflow to the wastewater
system. The ordinance adds a new section to existing BMC Chapter 15.01.020, Definitions, adding a definition for
inappropriate stormwater inflow, adds a new section BMC 15.04.130, Elimination of Stormwater Inflow to the
Wastewater System, modifies BMC Chapter 11.20 Vacation of Public Rights-of-Way to allow a reduced Right-of-
Way Permit fee for homeowners doing stormwater disconnection work in the curb and sidewalk areas of a street,
and adds a new section to Chapter 15.06.050 Rates, Stormwater establishing a fee for property owners who have
an inappropriate stormwater discharge to the wastewater system. A summary of the major features of the
ordinance has been prepared and is attached. Staff recommends passage of this ordinance.
8. RECOMMENDATION:
A. Motion to approve the attached Ordinance, related to establishing a program for elimination of stormwater
inflow to the wastewater system, upon first reading.
B. Motion to pass Ordinance Number ., related to establishing a program for elimination of stormwater
inflow to the wastewater system, upon second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
N/A
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IM~PACT ON NON-PASSAGE:
Inappropriate stormwater inflow into the wastewater system will continue unchanged. The combined sewer
overflow systems being developed by the City will have to be sized to address these stormwater inflows, causing a
greater expense to the wastewater and stormwater systems. Additionally, the City will have an increased risk of
violating State and Federal laws and Court Orders if the inappropriate stormwater connections are allowed to
remain.
6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Larger facilities for the conveyance, storage, pumping and treatment of wastewater flows will be necessary.
Additional staff time will be required to maintain the larger systems. The Ordinance requires separate City
Council authorization to fund the Residential Disconnection Assistance Program.
7. RESEARCH SOURCES
99323/AGENDABILI_/IMPROPER STORMWATER INFLOW, ab
DRAFT
ORDINANCE NO.
AN ORDINANCE establishing a Program for
Elimination of Stormwater Inflow to'.the Wastewater
System and amending Chapters 15.01 General
Provisions, 15.04 Stormwater, 15.06 Assessments,
Rates, Fees and Charges and 11.02 Right of Way
Use.
Whereas, inappropriate stormwater inflow to the wastewater system exists within
the wastewater service area, and;
Whereas, inappropriate stormwater inflow may typically take the form of roof
drains, parking lot drains, foundation drains, curtain drains and driveway drains, and;
Whereas, these inappropriate stormwater inflows contribute to combined sewer
overflow events, sanitary sewer surcharging and increased wastewater storage,
conveyance and treatment costs, and;
Whereas, in 1994 the Bremerton Municipal Code was modified to prohibit any
stormwater connections to the sewer system [BMC 15.03.210(b)(11)], and;
Whereas, many inappropriate stormwater inflows were in existence prior to
1994, and;
Whereas, the City is implementing plans to reduce or eliminate combined sewer
overflow events and sanitary sewer surcharges, and;
Whereas, removal of inappropriate stormwater inflow to the wastewater system
is a critical element of meeting the City's goals on reduction of combined sewer overflow
events and sanitary sewer surcharging, and;
Whereas, the City has developed a program to eliminate, where possible, these
inappropriate stormwater inflows to the wastewater system, and establish a rate for
conveyance and treatment of those inflows;
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES
HEREBY ORDAIN:
Section 1. Amendment. Chapter 15.01 General Provisions is hereby amended
to read as follows:
15.01.020 DEFINITIONS
(i) (4) "Inappropriate Stormwater Inflow" shall mean any kind of
stormwater connection or inflow to the wastewater system prohibited by this
chapter including, but not limited to; roof drain.s, parking lot drains, foundation
drains, curtain drains and driveway drains.
/A~ (5) "Industrial user"
(5) (6)"Infiltration"...
/~e) (7) "Inflow"...
Section 2. Addition. Section 15.04.130 is hereby added to Chapter 15.04,
Stormwater, to read as follows:
15.04.130. ELIMINATION OF INAPPROPRIATE STORMWATER INFLOW TO THE
WASTEWATER SYSTEM.
(a) Purpose.
The purpose of this section is to significantly reduce inappropriate
stormwater inflow to the wastewater system in order to eliminate or reduce
instanCes of combined sewer overflow events and surcharged sanitary sewers
due to the stormwater inflows, which ara detrimental to public health and welfare;
and to maximize efficient operation of the wastewater collection system and
treatment plant.
(b) Disconnection Required by 2005.
Disconnection of all inappropriate stormwater inflow to the wastewater
system shallbe made by January 1, 2005, unless continued connection is
authorized by the Director where no practicable alternative for elimination of the
inappropriate stormwater inflow is available.
(c) Director's Authority to Order Early Disconnection.
(1) Purpose. The Director has the authority to order the
disconnection of inappropriate stormwater inflow to the wastewater system prior
to January 1, 2005, where that disconnection is necessary to meet combined
sewer overflow reduction plans and for elimination of sanitary sewer surcharging.
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 2
The Order of Early Disconnection will generally be in target areas as defined
elsewhere in this section.
(2) Notice. Notice of a Director's Order for Early Disconnection
will be provided in writing. The notice will establish an effective date by which
the inappropriate stormwater inflow shall be discontinued. The effective date
shall be no sooner than 90 days from the date of the letter. The effective date
may be extended in writing by the Director.
(d) Target Areas. ,~
The Director may identify target areas within the wastewater service
area (sewer or storm drainage basins or subbasins) which have the highest
priority for reduction of inappropriate stormwater inflow to the wastewater
system based upon combined sewer overflow events and sanitary sewer
surcharge problems.
(e) Residential Disconnection Assistance Pr~ogram.
(1) Program Overview. The Director shall establish a program to
assist residential property owners in the elimination of inappropriate stormwater
inflow to the wastewater system (the Program). The Program may include, but
not be limited to, technical assistance to residential property owners, provision of
supplies for incorporation of work upon residential property, work in the right-of-
way that supports the residential property improvements and funding of
residential property improvements through grants and loans.
(2) Program Funding. The City Council shall periodically
establish funding for the Program, as well as setting limits and terms for loans
and grants to participating residential property owners. If additional work is
required beyond the limits established, it shall be performed by the owner at
his/her expense.
(3) Eligible Participants. This Program may be utilized only by
the owners of single family or duplex (2 or less units) residences with
inappropriate stormwater inflow to the wastewater system, which were in
existence prior to January 1, 1995. The Program participants must eliminate all
practicable inappropriate stormwater inflow to the wastewater system from the
property.
(4) Target Areas. The Director may implement and make
available this Program throughout the wastewater service area, or instead only in
target areas within the wastewater service area. When the Director issues an
Order for Early Disconnection of inappropriate stormwater inflow in an area
where the Program is being implemented, the Director shall inform the owner of
the availability of the Program. Participation in the Program shall be voluntary;
owners declining to participate shall be required to proceed with removal of the
inappropriate private stormwater inflow to the wastewater system by the
established effective date at the owner's expense.
(5) Scope of Work. The Director shall determine for each
participating property the scope of work for reduction of inappropriate
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 3
stormwater inflow to the wastewater system which may be paid for with Program
funds, with the goal of achieving the most cost-effective and timely reductions.
(6) Application and Agreement
Owners who wish to participate in the Program must make
application to the Department. The application will include the name of the
applicant, property location, scope of work, estimate of cost, method of
performing the work (contractor or owner) and ot. her data as the Director deems
appropriate. Applications will be accepted, evaluated and funded on a first
come/first served basis subject to prioritization of target areas. Once an
application is approved for funding the applicant will enter into an agreement with
the City that will include the scope of work, eligible amount and loan or grant
terms.
(7) Residential Property Work Fun~led by the City.
i. (a) Contractor-performed work. Participating owners shall
select a contractor in accordance with a competitive process established by the
Director. After City review and verification of the contractor selection process
and contract price, the owner shall contract with the selected contractor for
performance of the approved scope of work. The City shall not be a party to such
contract. The owner's contract shall require the contractor to secure any
building, right-of-way, or other permits as may be necessary, if the owner has not
separately secured such permits.
i. (b)Owner-performed Work. The Director may establish
rules authorizing reimbursement or partial reimbursement for owner-performed
work. The owner shall secure any building, right-of-way or other permits as may
be necessary.
ii. Release. As a condition to participation in the Program,
the owner shall release the City and its officers and employees from all liability
relating to the work.
iii. Payment. After the work is inspected and approved for
conformance with the scope of work by the City, the Director shall authorize
payment of the eligible amount provided in the agreement from funds
appropriated to the Program. Partial payments will not be made.
iv. Deferred Reimbursement. The Director may establish a
deferred reimbursement program whereby a residential property owner who
performs the work necessary to discontinue the inappropriate stormwater inflows
from the property for which the Program does not have funds immediately
available can have the eligible amount reimbursed at a later date when funds are
available.
v. Maintenance. Participating owners shall be responsible
for maintaining any improvements constructed under this Program.
vi. Director Rules. The Director may establish policies,
procedures and such further criteria as are required to implement this Program.
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 4
(f) Abatement of Inappropriate Stormwater Inflow.
Whenever an inappropriate stormwater inflow to the wastewater system
exists subsequent to the disconnection requirements specified elsewhere in this
section, the Director may abate the condition including reconstruction,
replacement or removal on public or private property as specified elsewhere in
this chapter.
Section 3. Amendment. Section 15.06.050 o~f Chapter 15.06, Rates, Fees and
Charges is hereby amended to read as follows:
15.06.050. RATES - STORMWATER
(c) Inappropriate Stormwater Inflow to Wastewater System.
A rate shall be assessed on all property owners who have an
inappropriate stormwater inflow to the wastewater system pursuant to the Utility
Fee and Rate Schedule established for stormwater by City Council ordinance.
Rates shall be based upon the approximate amount of impervious
surface area of the property. The impervious surface area, measured in
equivalent impervious surface units (ISU's), shall be that used for the stormwater
rates elsewhere in this chapter.
Payment of the inappropriate stormwater inflow shall be terminated
when the property has disconnected all sources of the inappropriate stormwater
inflow from the wastewater system.
(c) (d) Exempt Properties
Section 4. Amendment. Chapter 11.02, Right-of-Way Use; Permits, Fees and
Charges, is hereby amended to read as follows:
11.02.120. PERMIT FEES AND CHARGES.
2. Type B, Disturbance of Right-of-Way Permit
Fees for Type B Permits shall be established for the following categories:
a. Sidewalk repairs. Repair of existing sidewalk not associated with other
development activity and residential owner performed inappropriate
stormwater inflow elimination work in the sidewalk and curb area.
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 5
Section 5. Effective date. This ordinance shall become effective ten days after
passage and publication.
APPROVED by the City Council ofthe City of Breme~on this day
of .,1999.
PASSED by the City Council of the City of BremeKon this day
of .,1999. ~
APPROVED this
day of
MIKE SHEPHERD, Council President
,1999.
LYNN S. HORTON, Mayor
A'I-I'EST:
KATHLEEN L. McCLUSKEY, City Clerk
DRAFT ORDINANCE
PROGRAM FOR ELIMINATION OF INAPPROPRIATE PRIVATE STORMWATER INFLOW
Page 6
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: ORDINANCE NO.
SETTING FEES FOR STORMWATER INFLOW
TO THE WASTEWATER SYSTEM.
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
November 10, 1999
PW&U Engineering Div.
W. Eugene Sampley,
Director PW&U
October 8, 1999
2. CLEARANCES: (comment on back if necessary) 3.
City Attorney
City Treasurer
City Clerk
Heard at the City Council Study Session of November 3, 1999.
ENDORSEMENT INFORMATION
MAYOR
EXltIBITS
A. Ordinance No. __., setting fees for
stormwater inflows to the wastewater
system.
APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
City staff presented to the City Council a new ordinance on stormwater inflow to the wastewater system. This
companion ordinance establishes a fee structure for those properties that have an inappropriate stormwater
connection to the wastewater system. The fees are set up to provide funds for two things: 1. The Residential Disconnection Assistance Program.
2. The cost associated with conveyance, storage and treatment of stormwater inflow as part of the wastewater
system.
The fee is a flat rate based upon the impervious surface units (ISUs) for a property as identified in the stormwater
fee. It is a progressive rate, starting with 25% of the then current stormwater ISU fee ($1.00 per month, per
household at the 1999 rate) on January 1, 2002, increasing to 100% of the then current stormwater ISU fee ($4.00
per month, per household at the 1999 rate) in 2005. The fee will be applied only to those properties that have
inappropriate stormwater inflow to the wastewater system. This fee will not be applied citywide. Staff
recommends passage of this ordinance.
8. RECOMMENDATION:
first reading.
B. Motion to pass Ordinance Number
upon second reading.
Motion to approve the attached Ordinance, setting fees for stormwater inflows to the wastewater system upon
, setting fees for stormwater inflows to the wastewater system
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Treasurer
City Treasurer
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Funds will not be available for the Residential Disconnection Assistance Program or to cover the cost of
conveying, storing and treating the stormwater runoff in the wastewater system. The City Council, by separate
action authorizes funding for the Residential Disconnection Assistance Program.
6. IMPACT ON STAFFING. BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES:
See #5 above.
7. RESEARCH SOURCES
99326/Agenda Bill/Improper Stormwater Inflow Rates, ab
DRAFT
ORDINANCE NO.
AN ORDINANCE establishing rates for Inappropriate Stormwater Inflow to
the Wastewater System.
Whereas, Bremerton Municipal Code, Chapter 15.06.050, requires that a schedule
be adopted by the City Council for rates associat(~d with Inappropriate Stormwater
Inflow.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES
HEREBY ORDAIN:
Section 1. Establishment.
PURPOSE. This ordinance establishes rates for Inappropriate Stormwater
Inflow.
INAPPROPRIATE STORMWATER INFLOW RATES. The following rates are
established for Inappropriate Stormwater Inflow, based upon the established stormwater
ISU for each lot and adjusted annually on the following schedule:
EFFECTIVE DATE
January 1,2002
January 1,2003
January 1,2004
January 1,2005
RATE
25% Stormwater Fee for Property
50% Stormwater Fee for Property
75% Stormwater Fee for Property
100% Stormwater Fee for Property
After January 1, 2005, the Inappropriate Stormwater Inflow Rate will remain at 100% of
the established Stormwater Fee for a property unless otherwise modified by the City
Council. The fees shall be deposited in the Wastewater Fund (No. 451).
DRAFT ORDINANCE
Setting Rates for Inappropriate Stormwater Inflow
Page 1
Section 2. Effective Date. This ordinance shall become effective ten days after
passage and publication.
APPROVED by the City Council ofthe City of Bremedon this
day of ~ .,1999.
PASSED by the City Council ofthe City of BremeKon this
day of ,1999. ~
MIKE SHEPHERD, Council President
APPROVED this
day of
,1999.
LYNN S. HORTON, Mayor
A'I-I'EST:
KATHLEEN L. McCLUSKEY, City Clerk
DRAFT ORDINANCE
Setting Rates for Inappropriate Stormwater Inflow
Page 2
PUBLIC WORKS AND UTILITIES
3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018
September 30, 1999
Puget Rental Owners Association
Attention: Allan Humm
865 6m Street, Suite 390
Bremerton, Washington 98337
Dear Mr. Humm:
In 1992, the Washington State Department of Ecology mandated the City of Bremerton to reduce
the number of combined sewer overflow events in its overflow system. Consequently, the City
developed a Combined Sewer Overflow Plan and a Stormwater Management Plan.
In implementing the requirements of these plans, it was determined that the large number of
overflow events is caused, among other things, by improper stormwater inflows into the
combined sewer overflow system. These stormwater inflows also contribute to sanitary sewer
surcharging, increased wastewater storage and conveyance and treatment costs.
In order to eliminate these burdens to the system and to minimize treatment costs that will
eventually be shouldered by all users of the wastewater and stormwater systems, the City drafted
an ordinance establishing a Program for Elimination of Improper Stormwater Inflow to the
Wastewater System. The proposed ordinance outlines the process for the implementation of the
program. The effects of these inflows are a community problem in that they are detrimental to
public health and safety and result in increased wastewater treatment costs.
Since your organization has the potential to contribute to the successful dissemination and
implementation of this ordinance among your members, we are requesting your assistance and
cooperation at this time in reviewing the provisions of the proposed ordinance. A copy is
attached for your review.
We are scheduled to present the ordinance in a City Council Study Session within the next two
weeks. We would appreciate your comments before then. You may send them to us either by fax
(360-478-5318) or e-mail (rwitt~ci.bremerton.wa.us) or call Randy Witt at (360) 478-5348, if
you have any questions or need additional information. We look forward to hearing from you.
Sin~~j
WfEugene Sampley,----'P.E.
Director of Public Works and Utilities
Mayor Lynn S. Horton
City Council
Randy Witt, P.E., City Engineer (w/o attachments)
Jeff Shea, P.E., Senior Engineer/Public Works (w/o attachments)
Attachments: (3)
Summary of Ordinance Regarding Program for Elimination of Improper Stormwater Inflow to Wastewater System
Draft Ordinance establishing Program
Draft Ordinance establishing rates for Improper Stormwater Inflow
Equal Opportunity Employer